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Revised Ordinances 1939 .~ e ORDliA}1CE NUMBFoR 5278 (Published 1n the Salina .Journal 1948 ) AN ORDDIANCE providing for and regulating and ruoving ot buildings to be employed a8 dwellings. from one place to another within and from without the Ci~J' of SaUna and providulg for penal tie. and forfeitures fOT the violation thereot. ~'f'HEHn:AS, oertain persona have h$rr,toz"ore relCoved certain buildings to be employed, ocoupied and used as dl'JOllings from one place to another within tne City of Salina, aad l.eUEHEAS, cert~1n persOllS have neretotor. rlWved certain buildings '(;;0 be e:nployed, ocoupied and used as dwelling., from without lxrto the City ot Salina; and. 'VnSRSAS, 1.1Yly of said buildings GO removed fWd moved, as a:Coresfd.d, .'16\11'. been In a delapidated and un8anitary condition 80 aa to be injurious to the he:nlt.'l ot 'the irthabitant8 of the oitYJ e.nd \ 'JflEFLF'..AS. it h neoessary to proteot thepublio health by regulnting 'the removed and l/lO"lmg ot suoh buildings to be eo employed, uaed p.ud oooupied within and trom without the said citYJ alld SO. NOW T}[1i:RE.FORF, .. Br~ 21:' URDAlN8D BY TlfP: BOARD 01" COM:.TI';iSro;iERS OJt' THe; CITY OF S.l.LI'L~. K:\HS.~S $,eetiop..!. That the preambles ot this ordinanoe are hereby;uade. a pal't hereof. inat the remoftl ot bui Idings having be~n or to be used, oooupied or employed as a dwelling tor personl within the City ot .:ialina trom. one pIece to another wlt.h1...., slll.1d 01 ty or thertlOrlng o~ building. u..d or to be used for said pur- poses. from. without the said city into said oity except ill .t'u11 compllanee wi th all the terms, cond1 tions and provisions of tht. ordlnan,(:8 and t"ir.t obtaining a permit to do 80. 18 hereby prohibited. . seotion 2. No permit aa herein required shall be i.sued by the Building - . Inspeotor until any applicant 'tnoretor shall tne an applioation as herei:n- af'ter provided and shall deposit with said Building Inspeotor a. tee ~)t ~2.60. whior\ tee. when the permit her_ft.,r provided for 18 isSUed. it n-er. ahall entitle and require the perml tt.. to do and perform the thing8 therein pro- vided tor. Seotion 3. Tn. applioation for such a permit shall set forth the follOwing. -, J <a) The name and address of the appl1oan'te (b) Two photographs of the struoture proposed to be moved within or into the City ot of Sal hta. . (0) The legal description of thelooatioD upoa w:'lioh the struoture ia to be looated. in- atalled or plaoed. e (el) mtetl1er the struoture oompli.s with the Build- ing Code ot the City of $alina a8 otherwiae prov1de4 by ordmanoe. (e) Whether the struoture oonpll.. with the Il.... trioal Code of the City ot9alirlft .. otherwise pl"O"f'ided. b:!-' ordinanoe. (t) .. Whether t.i'wi struoture campll~i with the Plumb- ing Code of the City of Sal ine .a otherwise provided b.y ord1nanoe. (g) Complete plans and .pec1fications for the oem. pletion of the struoture at the p1aoe it is to be ereoted, installed or pl~oed. ~ Seotion 4r. fhat the applioant 8M.llwbmi t a surety bond, duly signed by a 100al agent authorlaed on behalf ot a corporate surety authori.eel to do bU81ne.. in ICan....., or oash 1n the sum ot $1.000.00, oonditioned so that the pormittee w1l1 be required. to install erect and plaoe said atruo'ture at the plaoe so desoribeel 1n the applioation, tha.t .aiel struoture will be oompleted in full compliance with all ordinance. ot the City ot Sal ina and/ or in full oomplinoe with the plan8 and ::Jpeeirloationl.ubmlt~ with the applicat1on, a copy ot whioh plans and spe01flcations shall be attaohed to said bond tmd further providing that detault, snall operate as a i'orteiture of' said bond 0'1 cash tor tne benetit of the City 01' Salina. ... liquidated danrage.. .. e Section 6. Atter the filing ot the applioation, payment 01' the teflt hereitt- betore provided tor, then the Bulld1ng Inspector shall oaretully eXfUlline the application. the photographs 01' the struoture, the struoture a!ld the plnul3 fl;;::;.d s~oitloatlon. tor the oompletion thereot and it ne rinds that said struoture will oomply with all ordinanoe. ot the Ci~ it installed, ereoted and plaoed in oomplianoe with the said plana and apeolf'loatlone then he ahall bsue e. pendt to the applioant authorbing and providing for 1;ne f'ollow1ngl (ll) 1he Lloviilg of 1l structure to a certain d..ol'ibed. plaoe in the C1 ty at ..:allna, MD....... (b) The ereotion, installation and plaoing of said struoture on the desoribed place in tull compliance with. the plans and speoifications submitted. with the applioation and the Building Code. A1eotrioal Cod., Plumbing Code and Ga. Piping Code ot the City 01' Sau na.. Ian sa 8. e (0) Providing that deta1.ut in complianoe with 8.XI.Y ordbanoe, 01" portion thoreof ot the said 01 ty or dAttaul t in oem- pliano. with t.he plans lUld specitications or any part thereot ahall operate aa a t'orr.i ture 01' theond or eaoh submitted with the app11oe:tion. e (d) Providing that the .tructure shall be oomplet.ly installed. ereoted and plaoed in full oomplianoe with each and every pov1s1on of the ordinance. ot said city and the plans and spooifications submitted within dXll10nths from the iU'UIU1oe ot the pennit and in event ot default that said bond or oash ahall he forte 1 ted. Section 6. It shall b. the duty Qf the Building Inspeotor to examine the struoture from. t~ne to tL~e and upon the .truoture being ln8~nlled. erected and plaoed at the place described in the permit in oomplianoe with the plan. and wpecitioatiollS auomitted. as aioresa1d. and all ordinanoe. ot the Oity ot ~lina. the ~ildins Inspeotor shall report tl1.a t is at in v:rl ting to the 01 ty ~ger and upon the C1 'by aanager being aat18tied .. to tull complianoe by the permi,"... he shall r.l.... the sUl'et~r on the bond or aause the cash deposit to b. retunaod to tho permittee. ~;.Jl_That in the event the auild~.ng Inspector .aoel"taiu5 that attid s rue u. ehasnot 'been oontpl.ted in oOlnpliance w;';.th the permit. ordine.nCJe.. ot add city and plans and speoil"'ioationa within aIx mon"Che from tue date of is8uanoe of said permit. he sMll in writing report such. teilure in c1... tails to tn. Board of Commissioner" ot the City ot "'&.l1n8.. Kansas. Upon reoeipt of any suoh report the Iloard of' Oom;uiss:ionere shall eaWle .. notice of heRrinI': to be sent unto said permittee by regi8tered mail at least tour (4) dnye prior to hearing requesting the penuit'tee to appear at Ii ('\ertain til!le andplace bel'ore M.id Board to show caulle 'Why said bond or oash should not be forfeited by saidDoard as 8. result of' said detault. On the he~ring the said Board 8naU hear the evidenoe and if Batietied that the permittee has t'ttlly oomplied with t....e provisions of" said permit and this ordbanoe. then said Eoard shall by resolution rt~leA.ae the sure"ty on the bond or oaus. the oash bond to be refunded. In the n-ent that said hoard is aati... tied that the per.mitt.e hua not substantially ~plled ~th the provilion. oi" ~fJ.id permit and the ordinanoes ot" said eity. then said Board shall by resolution order the bond forteited "nd it a surety bond .haill order the ei ty attorney to proceed in the name of the 01 ty to collect thE) amount ot the bond !'rom the surety. .'e Section 6. 2hat this ordinanoe ahall be adr.Un1strered and enforoed .a ISupp16l'l8ntal to deotiona 5-801 to 5-811, both inolUdTe. of the Reviled Ordinanoes at the Cl ty ot Sal ina. Ian.a. 1939. Seotion 9. Any person 'Who ahdl violate or shull fail to 8OIl1pl;y with any Or the provisions ot this ordinance ahall be d..!&8Cl guilty of a l?ublic orten.e and upon oonviction .hall ,e punished by a tine of not Ie.. th.u flO.OO nor more than hoo.co tor each offen.. and eaoh days violation or failure to oom.ply with this ordinanoe ahall b. deemed to conatitute a separate ottens.. e 38ot10n 10. If any sentenoe. olause or seotion of this ordinance be held to be unoori'sti tutional by the final judgment ot eny oourt ot competent jurisdiotion. suoh judgment ahall b. deemed not to etteot any other sentenoe, olaus. or ..otion h.reof, Md it 18 hereby deolared that eaoh sentence. clau.. or seotion o.r: this ordinanc. is hereby adopted and would have been pa...d. independently of each and e'i/ery other .ent.noe. a1aute or 8eoti onh.fu"eot. e Section 11. 2'111. ordinanoe shall be 1n full foroe trom and atter ita adoption and puo11oatiGn in the otficial city paper. Introduoed, Febr1lftry 9. 1948 .Passed, FebrWt.1'7 16. 1948 A t1':e.t.l Chaa. S. lianaI' , City c1eri Al Noyce Mayor e e ..' e ORDINANCE NO. 6266 AN ORDnlANCE relating to traffio and regulating the use of' publio street. and highway. in the City ot Salina, prescribing regulations relatin to the parking of vehioles upon such public street. amd highways, pro- viding for purohase, leasing, aoquiring, installation, operation, maintenance, supervidon, regulation and oontrol at the use ot parking meters, detining and providing for the 8stabliah.m.ent 01' parking meter zone. upon the p,blic atreet. and highways and providing for the pay- ment thereof', providing for an enforoement and providing penal tie. for the violation thereof' and providing for the repeal of Ordinanoe Bo. 5124. MffiREAS, because of traffic conditions that have existed in oertain sections at the City ot Sa! ina, the free movement 0 f traffio in those sections is, and has been, impeded for a long period at time, and ViHERF~AS, attempts to regulate the traffic and parking in the aforesaid area8 have not been as sucoelllful as is desirable; NOVl TID.;REFORE, BE IT OHDAINED by the Board of Commissioners of the City of Salina, Xal18as. Section 1. 1he word vehiole as used herein, shall mean any device by ~nioh any person or property may be transported upon a public highway, except those operated upon rails or per.manent traok.. e Section 2. The term parking meter as used herein, shall mean a meohar:lical device located upon a public street or sidewalk in a place regularly designate4 as a parking Jlone a. hereinafter detined, which device shall reoord a oertain Il.\UIlber of :minutes by the use of a clook mechanism determining the pericd ot time for which parking privileges may be extended to the person so depositing such 00 in. Seotion 3. A parking meter zone as used herein, shall mean represent- ing a oertain designated and marked ott seotion 0 t the public street wi thin the marked boundaries where the vehicle may be temporarily parked and allowed to remain tor such period of time a. the parking meter attached thereto may indicate. Such parking meter zones shall be further designated by a parking meter which shall be located upon the sidewalk opposite the marked boundaries of sa 1d zone. Section 4. Parking meter zones as hereinabove described are hereby created on the following street. in the City at Salina, On both side. ot Santa Fe Avenue from Mulberry Street to Elm Street. On both side. of Seventh Street tram Walnut Street to Ash Street. On both ddes ot Iron AVenue trom Fifth Street to a cer'tain north and south public alley, extended south lying between Seventh Street and Eighth street and conneoting Iron Avenue and Ash street and the north side at Iron Avenue tram said certain alley to Eighth Street. e And from time to tLne hereatter a8 traftic oonditions require in such other streets and avenue. as are seleoted by resolution ot the governing body at the City at Salina tor the looation ot such zones. .. . 8eot1on a. .And in .aid parking meter zones the Clty *nager ahall oause uters to be lnsta,lled Blld shall oause parking meter space. to be designated .. hereina.tter provided, and shall fix the 't1me 11mit;ations tor legal parking in S\lon &oIl." and the hours during the day and night ..m_ the parldng meter or .e'ters mUlt be used and when the time lWtations shall be erteoUve, in oomp11anoe with the provisiona of Ws ordinanoe, and shall indIcate the time limitation. by d.eaipating the 8fA14e on the parking meter or meters or by appro,riaw dgn. posted ia proxia1ty to ..1d meter or mete,.s in sald zone.. e Seation 6. City Manag.r h hereby direoted to provide for the purohase, lea. lng, aoquiring, installation. operation, mainte.aan... Iuperi'tt&on. regulation and use ot the parking metera provided tor in this ordinanoe and to _intain the said metera in good workable oondition uc:! th. City iAanager 1. hereby "Vested with powr andaut.horlty to enter into .. con'traot tor a six months tr1&1 periOd, arter approval ot the tel'Dl' and oondit10ne thereot by tneDo..rd of Oommise1oners ot the City ot Salina for the l.sin<< and installation ot parking I!'uaters. the payment tor 8uch meter. and/or inetallation to be proTide4 tor 801ely trom the reoeipts, tuDd. and re",enue. obtained trom the opera..,ion ot: said parking mAtters without 1n any lllanner obligating the oity to pay t:or the sAlle trom any OWl' souroe. k:1d the C1ty Manager i. further author bed and empowerecl to enter into fA contraot, art.r approval ot the term. and oond1 t10ns ther-eot: by the Board 01' Com- adsdoner. 01' t."t.. City of Salina, t'"or .uoh protection and maintenance ot said parking meter. ..a may be lieoenary to maintain the aame in good operatinc oonditionand to pay tor suoh p.arts. proteotion and .intenanee, exclusively trom the reeeipt., funds and revenue. reoeived trom the operation of' 8a14 parking meter.. Seo'tion 1, 'lb. parking mater. in.iialled in the parking meter aOIles e.tablisheel .. pl'Ovid4Ml in seotion " hereot Ihall be plaoed upon the curb 1.J:bediatelY' adjaoent to the indiTldual parking place. nere1nalter d.s.rib~ Each parking meter ahall be placed or ..t in such matUler as to ahow or dis- play by a .19'&1 that the parldng 'paoe adjacent to auch meter 1. or is not legally in u.e. Eaeb ra rking meter installed ahall indicate by a proper legend the legal parking t:1me e.ttlblisbed bY' th.e City and when operated shall ind1oa'te on and by ita dial and peateI' the duration at th. period. 01' legal p..rldng, and on the expiration ot suoh period, shall indioate. illegal or OTer parkir.g. Section 8. ~e CltyMiu:lager shall have markln,. painted or plaoed upon the our~ and/or upon the street adjaoer.at to each pllrJdng meter for the pl:tI'pO'. ot designating the parking apaoe tor whioh aaid meter 18 to be used and .aoh Teh1cle parkinr; adjaoent or nex't to any parld..ng meter shAll park within tl18 11n.s or markings 80 e.tablieh"-. It shall H .... lawt"ul. and a violation ot this ord1ntU\o. to park any vehicle aoros. any suob line 01' _rking or to park S9.1d Tehiole in suoh position that the an.e ahall not be entirely wi thin the ..rea so desig.uated by such Une. or marking.. e Seotion 9. When a parldn~ apaoe 111 auy parking ".ter sone 18 parallel wi th the adjaoent curb or ddnalk. any vehicle puked. in such parking apaoe shall be parlatd with the roremoat part ot SUM 'Nhi01. nearest to suoh meter. . e Seotion 10. When any vehicle ahall be parked in any spaoe adjaoent to whioh a parldii'g meter i. located in aooordanoe with the proviaions of tub ordinanoe. 'the operator ot said vehiole shall. upon entering the 8a1d park- ing spaoe. :iDraedlately deposit or oau.. -Co b. deposited a oou of tn. United states. 111 suoh parking meter. ot a denomination or denominations indioated on each ot said meter.. and put suoh meter in operation. and failure to deposit suoh coin or ooins and put the meter in operation shall constitute a breach ot this ordinanoe and 8 tlall subjeot such person to the penalty presoribed in Section 16 hereot. Upon the deposit ot suoh coin or coms and plaoing laid meter in operation. tr~ parking spaoe may be la~ly oooupied by such vehicle during the period of parking time whioh haa been presoribed t'or the part of the street in whioh said parking spaoe is located. It .aid vehiole shall remain parked in any Buoh parking apaoe beyond the parking time l1r.rd t t'1'xed t'or suoh parking 'paoe. the parking meter shall by it. dial and pointer indioate suoh illegal parking. and in that event. such vehicle shall be 00I18id8red as parked overtime and beyond the period ot legal parking time and the parking ot a vehiole overtime or beyond the period ot legal parldng shall be a violation ot thia ordinanoe and punished as hereatter .et out. Seotion 11. It shall be unlawful and a violation ot the provision. ot this ordinanoe tor any person to cause. allow, permit. or sutter any vehiole registered in the name of. or operated by suoh person to be parked overtime or beyond the period of legal parking time established tor &n7 parking meter aone as herein d.soribed. e Seotion 12. It shall be unlawful and a violation of the proviai.ons ot this ordinanoe tor any person to permit a vehiole to remau or b. plaoed in any parking Spaoe adjaoent to any parking meter while 8aid meter is di.playing a .ignal indioating that the vehiole oooupying suoh parking spaoe has already parked beyond the period ot time pre.oribed tor such parking spaoe. Seotion 13. It shall be unlawful and a violation of the provisions of this ordinanoe tor any person to detaoe, injure, tamper with. open or wilfully break. de.troy. or 1m.pair the usefulne.. of any parking meter installed UDder the provisions ot this ordinanoe. Section 1'. It shall be unlalvt'ul and a violation ot the provisions of this ordinanoe to deposit or CQUS. to be depoaited in any parking meter. any slug, dev10e or metallio substanoe, or any other substitute. tor a ooln of the United state.. Seotion 16. It ahall be the duty ot' polioe ottioers of the C1 ty. aoting in aooordanoe with instructions iuued by the City Manager to report. (a) e (b) (0) (d) '!he number ot eaoh parking lIl8ter which indicate. that the vehiole oooupying the parking spaoe adjaoent to suoh park- ing meter i. or has been parking in violation of any of the provilJions of this ordinenoe. 2he state 110en.e nWlber ot suoh vehicl.. '!he ttme during whioh suoh vehiole is parking in violation ot any ot the providons ot tide ordmanoe. Any other tacts, a knowledge ot whioh 1s neoessary to a thorough understanding of the oiroumltano.. attending suoh violation. e Eaoh suoh polioe otfioer shall also attaoh to .uoh Tehl01e a notioe to the owner or operator thereof that such vehlole has been parked in violat10n ot a provision ~f this ordinanoe and instruoting such owner or operator to report at the polioe station ot the City ot Sal in. in regard to suoh T101ation. Eaoh .uoh OQer or operator. may. wi thin 24 hour. of the time when .uch notice wa. attaohed to .uoh vehicle, pay to the De.k Sergeant at the polioe .tation a. a penalty tor and in full sathfaotion of such violation. the sum ot One Dollar, the tailure ot such owner or operator to make suoh payment wi thin said 24 hour., shall render such owner or operator 8ubjeot to the penal ties hereinaf'ter provided, for violation ot the provisions ot th18 ordinance. Seotion 16. Any person who shall T6olat. any ot the provisions ot this ordinanoe and any per.on l'1ho aid., abet8 or au18t. therein, shall, upon oonviotion thereot by the Polioe Court be subjeot to a fine ot any &mount not exoeeding .50.00 tor eaoh ottense or v101ation or be imprisoned tor a term. not exoeeding 15 day., in the oity jaU or in auy place provided by the muniolpal1t.y tor the detention of prisoners or both. e Seotion 17. 1he 00111 or 00111. required to be deposited in parJdng meters a8 provided herein are hereby levied and asse..ed aa tee. to pro- vide tor the proper regulatln l!U1d control of tratfic upon the public etreet.. iIllproTement ot traftic taciH tie., the oo.t of .upervision and regulating the parking ot vehicles in the parking meter aoues created hereby, and to cover the oost of ~le purchasing. leasing, acquiring, installation, operation. maintenance. supervision. regulation and control of the parking meters desoribed herein. Sectiou 18. 1'111. ordinanoe shall be deemed to be in addition and aupplementary to. and not in oonfliot with nor a repeal ot prior or exiatin,g ordinanoes ot this city. but shall be an additional provision tor the regula- tion ot tra:f'tic and parking in tho Ie zone. provided for herein. Section 19. It a .ection. part of section. sentence. clause or phra.e o? this ordinanC'e shall be held to be unconstitutional or invalid, the re- maining provisions hereof shall neverthele.. remain in full force and effect. Seotion 20. 1hat ordinanoe No. 6124 b. and it is hereby repealed and all ordinance. or' part. of ordinanoe. in contlict with the provisions of thb ordinanoe be and 'the same are hereby repealed. >>118 ordinanoe shall take ettect and be in foroe trom and atter its passage andpublloatlon in 1; he ottic!al oity paper. lutroduced. December 8. 1947 Pas.ed. December 15, 1967 e Attest Chas. E. Eanker City Clerk Al Noyoe llayor .- I' ORDIN^NC~ NO. 5186 e &"t otmlNANCE nl..:t1ng to traffio Md regulating tlle U.. ot pllblio .t.....t. and high_yo. in the Oity at Sal1naJprescrlblllt,; regulations "elati". to the i*1"Jd.uC ot vehicle. upon auch publio nre.t. arAd. hi&b1lMY.J pro- vidiDg tor pUl'oha... l_elnc. aoquiriag. lnatallatlon. operation. 1.iut6UaJloe. aupenulon.regulat:ion and control ot the use ot' p41"k1>>& met.", det1n1ng and provid.ing tor the .atabliabmet ot parking ~tor zo~~.. upon the polio .v.ete R.nd high_y. f:U1d provicU"ni tor tne pay. Jl't8I1t thereot. providing tor liU1 enforoemreat and providing pe&'l&l tie. tor the 'riolation t.her-.otud providing tor tne r~ of Ord1l1tl110e No. 5114. \'r.1!tHEAS. beoouae of tratfic oondition. that have ex1a;-.od in oertain .aotion. ot the City of Salina. the tree movcent of tl'al."f"lo in tho.. Motione le. and has been. 1mpeded tor a lone period of tu... an4 >';}J~;R"AS. attempu to reb"111ate the traffio and park1ng in tne atoresaid al"ea. have llot been a. suooessful as is deairable. ~KFI 'i':{li(M"O;u\. :sF I'l' oim.Umm by the ~ of C',ommiadou8rs of the City of Salina. laDSa.. e Seotion 1. 'the word vehiole .. uaed heroin. shall mean aDY devic. by' 1rl'doh any I;.r80n or property '-31 be tnmaporWG upon.. publio h1g~y. axcept those operated upon raUB or pfU'I.neut traoks. S4t0t1on 2~ tn.. 'tem parking meter au u.ed heroin. ahall mean a uu.onanloa1 devloe leoated .)I~ a pl.l'blio street or ald.-lit in a plaoe reSlUarl;y de8igzu.ted a. a parJd.ng aone a. n.reu.latter derined. which. d..noe ahall record a oer1:&1I1 11um'bv ot minute. 'by "tile u.. or a clock Mohani.. detoena1n1llc the period ot time tor Whioh parking privileges may be extended to tne peraon 80 deposl "t1ng auoh ooin. Stta'tlem3. A parld.ng WJ"'ter lODe aa uaed nereiD. shall metUl repreaeAt- 1ng . ceJ"ta1n deaigna"ted and larked ofr Motion or the publio av..t within the t1Arke<t boundaries ..1.". 'the ...erd01. ray be '\temporarily parked. Md allowel to 1"..111 tor suoh period ot tit:.. as the parking meter attached 'thereto fJI&7 1l'ld1oate. Such parking lIi.leter zon.. .hall be t\lrther 4..ignated by a parkine _ttlr which ahall be looated upon the sidewalk oppcudte tI:1e lllar1ted boundar!.. of said aoue. e Seetion 4. Parking 11!eter zon.. ... .!'lertd..nabo...e ..oribed. are hereby ereated on the following 'thet, 111 'the City of Salinas On both slde. ot Santa ,. A....nu. trOll MUl'bel'1'7 Street. 1;0 m.m Street. On bo'th sid.. ot Seventh StI"..t trom 1!\81nvt 5t....t to Aah Street. On both aidea 01' Iron AVenue trom Fittb $'treet to .. oel""';.11'1 north md south public alley. extnde4 aouth ly1n(; betweea. $eYCmtn Stl'Mt and Elghth.>tr..t and oonneo't1ng INn Avenue aDd Aah street and the north alde or Iron A'V"lmwt from said oertain alley to~21ghth ;!)"tree't. And. frOi,\ t1rl&e to ti,~e ber-.tt.er aa Vatfie oondi tiona require in s\lob ot.ner stree. and. ave11UO. .. are a.leoted by I"..olution of the governing body or 'the City ot lJal1na tor the location of lIuoh cone.. . Section 6. And in said parking meter zone. the City .Manager shall cause meters to be installed and shall cause parking meter space. to be des1gaated as hereinatter provided. and shall tix the time limitations tor legal parking in such aones. and 'the hours during the day and night who the parking meter or meters must be used and when the tiJne limitations shall be ettec"tive. in compliance with the provision. of Uia ordinanoe, and shall indicate the time limitations by designating the same on the parking meter or meters or by appropriate sign. posted in proxiDdty to said meter or meters in said zones. e Section 6. City Manager 1s hereby direoted to provide for the purohase. lea.ing. acquiring. installation. operation. maintenanoe. supertt*ion. regulation and us. of the parking meter. provided for in this ordinance and to maintain the said meter. in good workable oondition and the City lIanager is hereby vested with power and authority tA:> enter into a oontraot tor a six month. trial period. after approval ot' the term. and. oondi tion. thereot' by theBoard of Commissioners of the City of Salina t'or the leasing and installation of parking meters. the payment for such meters and/or installation to be provided for solely from the receipts. funds and revenue. obtained trom the operation of said parking meter. without in any manner obligating the city to pay for the same from any other 8ource. And the City Manager ia further authorized and empowered to enter into a contract. after approval of the terms and conditions thereof by the Board ot Coro- madoner. of tne City ot' Salina. t'or such protection and maintenance of said parking meters as may be neoessary to maintain the same in good operating condition and to pay for such part.. proteotion and maintenance. exclusively from the reoeipts. t'und. and revenues reoeived from 'the operation of said. parking meters. Section 1. !he parldng meters installed in the parking meter zones established a. proTlded in Seotion 4 hereof shall be plaoed. upon the curb iDnediately adjaoent to the individual parking place. hereinafter d.soribed. Each parking 1l1eter shall be placed or set in suoh manner as to show or dis- play by a 8ignal that the parking space adjacent to such meter is or 18 not legally in use. Each pl rldng meter installed shall indicate by a proper legend the legal parking time established by the City and when operated shall indioate on and by its dial and pointer the duration of the period of legal parking. and on the expiration ot such period. shall indicate illegal or over parking. Seotion 8. The City Manager shall have markings painted or plaoed upon 'the ourb and/or upon the street adjaoeJlt to eaoh parking meter for the purpo.e at' designating the parking spaoe for whioh said meter is to be used and each vehicle parking adjaoent or next to any parking meter shall park within tne line. or markings 80 establiahed. It shall be ua- lawful and a violation of this ordinanoe to park any vehiole aor088 any such lille or marking or to park said vehiole in such poai tion that the SHme ahall not be entirely wi thin the area so de.ignated by such lines or marking.. e 8801:ioll 9. When a parking spaoe in any parking Iaetar lIone is parallel wi th the adjaoent curb or sid....lk. any veMcle parked in such parking spaoe shall be parked with the foremoat part ot suoh vehiole nearest to such meter. - . ~...' ; e Seotion ~ i<<lhea 8Il7 ...nlcle .hall ~ parked in any .,",00 a4jaoent to wl'l.tob .. par g _tor is located in ..ooordan_ with tne provi81on8 01" tnl. 01"d1118l108, tne operator ot a14 vehiole shall, upon eDwriaC tbe said pa.rJG- in,spaoe, 1Da.l1&tel;y u.posit 01" Of\ua. to b. depo.ited .. ooiD ot 'the UalW S1:atos, 1D such parJdng mater, of a dC01'liinatlon 01' deno_inatlons bldioaWCI on a..on t,t nai4 ..tora, and put luch meter in operation, and t'ailW"Cf _ deposit $uoh coin or coln. and put the _WI" 1n operation .hall oonstitute a br..-h ot ~'11. ord1nanoe and Bllllll lubject auob peraon to the penal t;y pretJorlbM 1n Section 16 hereot. Opon the 4epodt ot such 0010 or 001l1S and. plaoing ..id atilu. in oporat10n, tHe pta.rldng apace MY' "be lawfully ooot1pi_ b-.f suah veh101e during 'the period otparldngt1;;.:oe whiGh haa bee p....orl1:ted tor tlle part ot the streot in whloh sald par~ lIpa.. i" looatttd. It -.1d ftblo1e shall r--.1R parked in .., suob parking spa.. bfl1Ol1d th. perkhg tSae 15&1t f'i:.M4 tor such pa:rldnl:;.p&Oe, the parking .tor ahall by it. 41al Ul4 pt)11'l.... bull...te suon illegal parldng, and 1n 'that ...... web fthlct1. lhall be Q01ls1den4 as parJr..ed overt1meand beyond the per10cl ot lepl parkin, tbua and the parklng ot a vehicle o~ or beyond the period of lepl p4U"king 'hall be .. violation of tfila ord11:umoe and pun1thecl as hereatttU" set on. S.ot1on 11. I't aMl1 be unlawful u4 a viol. tloD of the p1"'ovia1~ of this ori!n..aoo tor ~ peraon to cause, allow, pontlit, or .utt... ear' yehlel. reg1atered bt tb.. name ot, or opel"'a1ied by Noh person to 0. parked O't'8rt1.tM or blJ101'1d the period ot legal park1ng UrIs. ..'tab118hed tor U)" parking meter aone alii herein desor1'bo4. e S"UOD1-, It ahall be unlawful and t\ Yiolatlon llt the proYialoao of this oraIiiii'n.. tor 1\117 person to permit a "f'&lcle to 1'CIIIUo&1a or 1M plaoed in aD7 parkin, apa.. adjaoent to &n1 puking _tel' wnile saU .e..,. 1. d:1aplaylng .. signal 1D4ioatlng that the v_io1. ooouwina .uoh par1c1uc spaoe has al,....dy parked. beyond 'the period. ot t_ pre..rlbe4 tor auob. parJdns spa.e. SMtloD. 11. It .Mll be unlawtu1 ad a nolatlon of tile provls1oD. of t:'l1a ol"dlXlllll" tor &U7 "..son to detaoe. injure, taaper w1t:l, ope 01" wiltul11 break, destroT, or mp.,lr the us.tuln... ot IUl7 pllrld.nc "WI" installed UDd... the provisions ot this ord1naao.. ,"tion 16. It ahall b. unl..wt"ul fUl4 a V'iolation of the proV'1e1ona of -Chit O""in&IlO. to deposit or O&U.. to be "po8it.. in any park1n& meter. any slug. deYloe or aetalllo aubataaoe. 01" any other subst1tu<M, tor a 00111 ot tno tfr11ted stat... s.otion. 11. It ah.e.11b. the duty of' poU... ottioe..s ot the Cl V, aoting in aQoOrdanoe with 1J:lstruotlon. 1asud b.r 1Ih. C1 ty Mula,... to report a (a) e (b) (0) (d) 11\0 Du.ber ot each parkins ..-tel' which iRdioe:t.. that the .,..hi.l. oooupy1ng the parkiug ..,... adjueat to such par>>- 1n& .ter 18 001" haa been park1ng 1n Tlolatlors of any of the PJ"OVi81on. ot this ortUn.... 1h. .ftate lioen.. a18ber of .uoll veniole. 'tho t1me darine; whioh .uob fth10le 18 parldng 1n violation of an:?, or the providon. ot th1s oN.1n anoe. Any other taota, a knowledge of W'!~1ch 1s %1..081&17 to .. thorough \8derstandlng ot the Giro.stanoo. attftding suoh 'riol..tlosa. . , , .. e .on such poll.. ottieer ,hall al.. a ttaoh to a\lOb fth1olo a llot1" to the o~.. or operator thereot that such V8.:.1101. haa 'Mea partecl 1D .101at1on ot ... proTis1an ot th1s ordhumce and 1nstt'uoting a'l.lOh CIWA", or Opr,n.tor to report at tne polioe ..tlon of the City ot Saliaa in ro,ard to auoh .iolat10n. Sa. auob ~.. 01" operator, HlIl7. withirl ... hova ot tho tUfte Me auoh not1.0 .a a ttaohed to auoh vehlcl.. pay to <Wle Deak _..., at the pol1" station .. a pcma.l ty tor and in N1 _ttstaotioD of auoh violation, the .. of One Dollar. the f'IIlUW"tJ ot $Uob acer or operator to mab suGh pl)"IlIl8l1t w1 thin -.1d 24 hour.. _11 r...... luon (;)'..1' OJ" open.tor 811bjeot to the p..1 ti.. h...1natter provld.ecl. tor v101atiOD ot 'the prov1alo!1' ot this ordinano.. e Section 18. Any per.oD who ohall ,,",ola. tu'17 ot 'the provisions ot this ord1'D&noe ud any pereon who aid., abet.a 01" ..81.ta there1n. "hall, upon OOJ1.1otlon tNtreot by tno Polio. Court 'be .uojeot to a tine or aJI7 UIOWlt notexeMdl:aa '50.00 tor _oil otten.. or viol.Uonol" be 1891"18Oned tor a tera not 4IlIOMd1ac 16 daye, in the 01 ty jaU or in aa,. place prOT14ecl by 'the munloipe1lty tOl" the d.teatlon of prlsoner8 01" both. section 17. 'D:ut 00111 or ooJ.D. r~lrec1 to .. 4epo81 ted. 1D parlid. meters ... proVided. her.m are hereby 1..,,1.d and a...... .. t... to pro- vide tor tl'18 proper regulatl n and control of tratt10 \IpOIl 1lhe pu.bllo etren.. 1mpro......t ot trafflo t'ao1l1ti... th. oo.t or ..nlaion amt regulating the plu"kiDe of ..hlel.. 1n th. parking ....1:;.1' aou.. create4 hereby. ed 'to oover the ooat of the PUl'cho.dq. lea.lng. aoquir1ng, la.tallatioD. operation. _ll:'1'ten..1'1", lJUP ani. ion. ",ulation ancl control 01' the pe.rt:1ng meter. do.crlbecl her.tn. Seotion 16. ~d.. ol"d111..... .nul t>e 4,,,,,, to b. m addition a4 nppl---17 to. and not 1n oonnlot wi 1m !lOr a repeal ot p"ior or en.tine ordinanoe. of thl. c1ty, but 8hall be an actditlo.u1 provleioD tor the regula- tion of 1:ft!'t1o and parking in tho.. zon.. proTWecl tor herem. Sectioa IS. It a eeotiOl1. pRl""t ot .eotion. Mn~.. 01&14.. or phra.. of tni. ordinanoe ehall be held to be unocm.titutlonal or lnftlld. 'the ..... _lnin, provi.ion. he~t ahall nnerth.el... remain in rull torce and etrect. s.Gt1on 20, 'lbat ord1nanc8 No. 6124 'be And it is hereby' repealed and all ordIiiauoe. or parte or ord.inanoe. in oontlict with the provi.lona ot thl. ordin_ce be and the ... tU"e hereby repeal.. 1bi. ord.1nanoo shall take etteot and be in for.. fJ"Om and after it. ptIle..ce aadpublloatlon 1n t he o!"t~1cia1 ol't)r paper. Iatrod.uoed.. ~ 8. 194'1 Pa.e., Deo.ow 16. IM'1 Al IO~8 Eyor e A'tt.et Obaa. F.. .&nker CIty' Cl.ft .,.,... - (Filed tor record Oot. 6, 1947 at 9,00 A. Me Volume 50 ot 141'0. Page 97 Mary E. Ward, Register ot Deed.) (Published. in the Salina Journal Ootober 2, 1947) ORDINANCE NO. 6247 AN ORDINANCE providing for the Tacation ot a portion of a certain all.,- subjeot to certain limitations, in the City ot Salina, Kan..... llIHEltEAS, SRELLA:BA.R.GERS. a Dividon of INTIS NATIONAL IviILLING COMPANY did pet! tion tne Boe.rd of Co1<,,11188 ioners ot the City ot Sa1 ina to vacate a certain portion of a public alley; and ~1iEREAS, said petition was duly and regularly reterred to the City Planning and Zoning Commission; and W1iEREAS, said comro.iuion met and duly recommended that said portion ot said alley be vacated; and, SO, NOW 'I'H.ER.EFORE, BE IT ORDAINED by the Board of Oommiasioners ot the City of salina, Kan.a'l - Section 1. That that portion ot a certain north and south alley lying between Santa 'eAvenue and Fitth S'treet and north of the south lines, extended, ot lot. 12 and 35, BloOkfp. in Calkin. Addition to the City ot Salina, !tan... and south of the southerly line of the right- ot-way of the Union Pacitio Railroad Company in said oity, be and the same i. hereby ftoated as and for a publio alley and that said alley shall revert to and beoome part. of the lots adjaoent thereto in equal portion., as provided by law; Provided, however, that the City at Salina hereby reserves a ribht-of'-way and easements in portions of said alley tor the purpose of laying, construoting, repairing and maintaining sewers and water lines. Section 2. !hi. ordinanoe shall be in foroe and take effeot from . and atter its publication once in the ofticial city Pip er and upon being r8ceDded in the office of Register of Deed. at Saline County, Kanaas. Introduced. September 22. 1947 hued. September 29. 1947 (lJoubliahecl in the::lal ine. JOW"nal J\Ily Uth, 1941) e OlWI,.Ui CE lro. 5231. AN carnr~i\r4C'E _tmg ...,ulatloa. 'to proteo~ the health or the publio 121 the City of Salina, lU1d. providing for the roquiJ"eIMDt of' persou. ancl prope.rty ownen in said eity ~o oeM..t dwlllDtS_ an4 0\111&6s to the aeWll}" ays'telu of said c1t)'J providing for ootl" ot tile neo- ...11:1 theretoI' to p4non. ud pro118rty ownors, pl"OVi.dlng tbat upon deta\il:t tu"'t$r !:lotice that $<<lid. c1t1 &.':/ Gfluse _uGh pr-.1... or bu11.... 1JtAga t;c be conneot.... .1 tit Aid .....1" 8Y'lItGl fU14 ~ oontraot tor the installation t..bereof an4 providing that tho o.oat. ~nd ert'on... thereel i:t8:Y " ......ed ~ln.t tbe propeJ"'ty 80 OOAUeoted. S}~ IT OiUll\I!i!1) by tho ~&rd of Oo1lWlbslonera of ton. Clty ot Sal1na. lun.... - Section}; 1bat ;>8rllOZUI a.n<l proporty owners owa1ng dwll1ng hoWl.. or tll,~11d ,. witM.A t.l.e CltJ" of f~ ina. knn.8, wt11_ bldld1D& or buiidlnc. a.... or (lMll be, loo.~4Kl n...r fl ae.r, or in a blook "With- in an.,. suoh ....,. d1a't1'lottn sa1 d c1 V t.hrough which e. ....... exten.... a,.. heNby ..equind to __ sUGh oODQ.o;;lon. wi tb said sewer .)"ata of 861d city, ae _., be ne...ary in the ju4gMn't of' the board ot health ;for the protHt,1on of the 1'1..1 th of' t.he r1\~bli., tor tn. pUl"po" of' 41... posing of' all ..stan... from any ....011 wU41q attectlDs the pub110 nealt.h wJ\lch -.y b. 1awtull:r and pX"01)$rly dbpQ8ed. ot by .....n. or aueh .ewer. S.o1010J1 ~ 1'hat 1n the .....t aA7 pel"80U 0" poraoxua ahall :tail ot'ntt\l.e to oonneet aD)' building or buUding_ wiVi the ....,. .1'8'- of ad.4 ol:ty .a herein provld14 tot', for more tMn 10 day. after 0.11\& notified 1n ....lt1ng by tM baN ot h.ealth of' said oity to do eo. th.eD the City ot Sal ina, lul.. ., _un auob premia.. arlG build1n&. to b4t conneoted. with ..id sewer .,a~ and said 01 ty i. hereby authorized to .....nll. tor bld. ror the cons-tI"Uot.lon and ma.kl:1g of' 8uob ...,. OOWle.tloBa. a.D4 "to 0011...0t theretor with the low.at re.pona1bl. bJ.4der or bidd.... aDd to "au.. S\IM pr_1... to be Goun.otet.t td. tb .a14 ...... qat... Section s.s2bat to pay the coata and oxpen... ot sUCh \'IIOrk the Riel 01. -1 a..... ...14 ooat. and expen... again.t tn. property ad preG1a.. 80 conneot$i. .uob. "...UMDt to be made 111 the .... .-mer .. other "'0161 ....a___ &l'tJ ra4e. ~o'tlf.)n 4~ 'ib&t thi. ONlnan.. andl 'be 1n :full 1'0... aDd etteot t'roa Uld alt... 11:8 adop'i1on. approval ud pu.bl101l1:ion once 1n the ot!'ic1a1 paper. IDtroduo414 July 14. 1"' Adopted.. July n. 19t1 ." 4..Io~,,,, _yor AtWa1:. Cha.. Ie Banker 'f{~ Cled: - . BOOK OF REVISED ORDINANCES OF THE City of Salina, Kansas 1939 Authenticated . A Revision and Compilation of the General Ordinances of the City of Salina. Revised and Compiled by HOMER B. JENKINS of the Salina Bar and WILLIAM S. NORRIS City Attorney Revised, Compiled and Published by Authority of the City of Salina, Kansas Date of Publication, February 12, 1940 . Historical Information MA YORS OF THE CITY OF SALINA Mayor and Council Form of Government 1 C. H. Martin .......................... .1870 2 C. R. Underwood. . .1871, 1889, 1890, 1897, 1898 3 James W. Russell ......................1872 4 R. H. Bishop ..................... .1873, 1875 5 W. S. Wells ........................... .1874 6 C. S. Radcliff ............... .1876, 1877, 1878 7 A. W. Wickham ................ Oct. 11, 1878 8 Wm. Berg ...................... ..1879, 1880 9 D. J. Addison ................... ..1881, 1882 10 E. W. Ober ................ ..... .1883, 1884 11 Willis Bristol ... . . . . . . . . . . . . . . . . .1885, 1886 H. L. 12 C. W. Banks .................... .1887, 1888 13 Smith George . . . . . . . . . . . . . . . . .1891, 1892 Appointed by City Manager 14 R. P. Cravens . . . . . .1893, 1894 City Clerk and Director of Finance. . Chas. E. Banker 15 Jas. T. Hayward ........... . .1895, 1896 City Treasurer.. . Henry H. Eberhardt 16 T. W. Roach.. ...... .. .1899, 1900 City Attorney & Director Dept. of Law W. S. Norris 17 Thos. Anderson ........ . . . . 1901 to 1904 Police Judge. . . . Henry N. Eller 18 David H. Shields ....... . . . . .1905, 1906 Chief of Police & Dir. of Public Safety ... D. K. Fitch 19 D. W. Hills...................... .1907, 1908 Chief of Fire Department. .... .J. E. Travis 20 C. B. Kirtland .................. .1909 to 1912 City Engineer and Director Dept. of Public Service 21 V. E. Niquette ................1913,1914 ....................... .E. W. Hopkins 22 J. E. Putnam ................... .1915, 1916 Superintendent of Streets..... . Leland M. Srack 23 Edd Mathews . . . . . . . . . . . . . . . . . . . .1917 to 1920 Superintendent of Parks. . . Irvin R. Rickleffs Commission-Manager Form of Government Sanitary and Health Officer, Milk Inspector and 24 F. S. Dyar. ... April 18, 1921 to April 9, 1923 City Chemist....... . R. S. Fassnacht 25 J. S. Hargett ... April 9, 1923 to Feb. 15, 1926 Building Inspector. . . Thos. L. Bayne 26 Guy T. Helvering. . Feb. 15, 1926 to Dec. 8, 1930 Deputy City Clerk.. . . . H. E. Peterson 27 Chas. F. Dodds.. Dec. 8, 1930 to April 13, 1931 Assistant City Clerk & Bookeeper . . Ellen M. Nyberg 28 M. A. Stevenson . April 13, 1931 to Oct. 9, 1934 City Manager's Secretary. . . Nathalie M. Dickens 29 R. J. Pafford. . . Nov. 19, 1934 to Sept. 16, 1935 Superintendent Sewage Disposal Plant .J. H. Spaeth 30 F. C. Peters . Sept. 23, 1935 to April 12, 1937 Memorial Hall Custodian. . . W. A. Hargrave 31 Ed Morgenstern........... .... .April 19, 1937 City Hall Custodian.. ........ ...... .N. E. Wigley ( ii. ) The Town of Salina was organized on April 22, 1867, under the Towns' and Villages' Act of August 22, 1863. Organized as a City of the Third Class, on No- vember 21, 1870, under the Laws of 1869. Reorganized, in 1871, under the act of that year. Organized as a City of the Second Class, October 11, 1878. Became a City of the First Class, by proclamation of the Governor, on July 9th, 1920. At an election held on February 1st, 1921, the Commission-Manager Form of Government was adopted. The first election held under that form was on April 5th, 1921. CITY MANAGERS F. W. Sefton. . . May 16, 1921 to January 3, 1922 W. A. Layton January 3, 1922 to February 1, 1926 H. A. Ragle. . February 1, 1926 to February 1, 1931 H. L. Brown February 1, 1931 CITY CLERKS OF SALINA Fred H. Wildman . . . . . . . . . . .1870, 1872, 1875 E. E. Bowen . .1873, 1874, 1876 to 1886 H. B. Wallace .............................. 1887 C. S. Martin .. . . . . . . . . . . . . . . . . . . .. .1888 John L. Bishop . . . . . . . . . . . . . . . . . . .1889 to 1891 1. H. Gray . . . 1892 to 1894 1. S. Bower ....... . . . . . . . . . 1895, 1896 A. W. Godfrey........ .... .1897 to Dec. 24, 1910 Chas. E. Banker. . . . December 24, 1910 OFFICIAL DIRECTORY, 1939 Elective Commissioners Ed Morgenstern, Mayor, Term expires April, 1941 Earl C. Branson. .1941 Wm. H. Ferm.... .1943 Bert A. Breon... .1941 M. L. Mitchell... . 1943 (Died July 29, 1939) Lloyd Price (Elected by Board of Commissioners Sept. 18, 1939, to fill unexpired term of M. L. Mitchell) Appointed by Commissioners Brown, City Manager and Superintendent Water Department . Authentication Ordinance Authorizing Revision and Publication (Published in The Salina Journal, Dec. 15, 1939) . ORDINANCE NO. 4959 An Ordinance authorizing and providing for the publication in book form of the revised and com- piled ordinances of the City of Salina, Kansas, and providing for the authentication and distribution thereof. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the general ordinances of the City of Salina, Kansas, be compiled, revised and classi- fied, such compilation, revision and classification to be done by H. B. Jenkins of Salina, as by contract provided, with the assistance and under the super- vision of W. S. Norris, City Attorney. Section 2. That such compilation, classification and revision shall include all of the general ordi- nances of the City of Salina which shall take ef- fect up to the date of the publication thereof, pro- vided however, that such general ordinances other than general regulatory ordinances shall be included by appropriate reference to the subject, effect and number. Section 3. That all ordinances which shall have been passed to take effect upon the publication there- of in the Book of Revised Ordinances which have not heretofore taken effect, shall be published in full, and that all other ordinances which shall have taken effect otherwise than by such publication shall be classified in accordance with the subject thereof, under the proper chapter headings, and all formal parts of such ordinances may be omitted; provided however, that each section of any ordi- nance published shall contain the proper reference to the original ordinance number and date, includ- ing any amendments thereto. Section 4. That such revised ordinances shall be published in book form and not less than one hun- dred copies thereof shall be published in such style and form as the Board of Commissioners may ap- prove and order, and when so published, said Book shall be known as "Revised Ordinances of the City of Salina, Kansas.-1939" and upon such publica- tion in said book, all ordinances which have been . passed to take effect upon publication in the Book of Revised Ordinances shall thereupon take effect and be ill force pursuant to and in accordance with the provisions of Sections 13-1422, 13-1423 and 13- 2902, General Statutes of Kansas, 1935, and that all ordinances published in such book to take ef- fect upon such publication, and all ordinances or parts of ordinances remaining in effect at the time of such publication and published therein shall be read and received in evidence in all courts and places without further proof thereof, pursuant to and in accordance with the provisions of said Sec- tion 13-1422 of the General Statutes of Kansas 1935; provided however, that the City Clerk of the City of Salina shall certify and attach to said book his certificate that the ordinances published in said book are the ordinances duly authorized to be pub- lished by the Board of Commissioners pursuant to the provisions of this ordinance, and that all such ordinances or parts of ordinances so published re- main in effect at the date of said certificate and publication and that such certificate of authentica- tion shall be printed in each copy of such book. Section 5. That said books when printed shall be delivered to the City Clerk of the City of Salina, Kansas, who shall thereupon deliver one copy there- of to the City Manager and to each member of the Board of Commissioners and one copy to the head of each department of the City of Salina, and the remaining copies shall be retained by him in his office to be sold to such persons as may desire the same at a price of $2.50 per copy, and any unsold copies shall be distributed or disposed of by him in such manner as may be approved by the City Manager. Section 6. This ordinance shall take effect and be in force from and after its publication in the Salina Journal, the official city paper. Introduced: December 4, 1939. Passed: December 11, 1939. (SEAL) Attest: Chas. E. Banker, City Clerk. Ed Morgenstern Mayor. ( iii. ) AUTHENTICATION Certificate of City Clerk Office of the City Clerk, City of Salina, Kansas. State of Kansas ) County of Saline ) ss. City of Salina ) I, Charles E. Banker, City Clerk of the City of Salina, do hereby certify that the several ordinances of the City of Salina as published in this volume, are the ordinances duly authorized to be published by the Board of Commissioners of said city pursu- ant to Ordinance Number 4959, passed and approved December 11, 1939. That all of said ordinances first published herein, which were passed to take effect upon their publication in the book of revised ordinances in the City of Salina will take effect and be in force from and after the 12th day of February, 1940, and that all of the ordinances therein published which were passed to take ef- fect otherwise than by publication in the book of revised ordinances have been duly published in the official city paper as provided by such ordinances, the ordinance numbers and effective dates thereof being as indicated, and that all ordinances or parts thereof so published remain in effect at the date of the publication hereof, and that pursuant to the provisions of said ordinance No. 4959 and of Section 13-1422 of the Revised Statutes of Kansas, 1935, all ordinances or parts thereof published in said book of revised ordinances are entitled to be read and received in evidence in all courts and places without further proof thereof. Witness my hand and the seal of the City of Salina this 12th day of February, 1940. (SEAL) Chas. E. Banker, City Clerk. ~ ( iv. ) ,~,."_~_____h_'_'--'. "_'"'__"._"...._._~~~______'-<___.~-_._--- -_._~._.,_.,--,~.---~_.,._-" . . . Table of Contents Chapter 1. Animals: Art.!. Dogs 2. Other animals Section Numbers Chapter 11. Fire limits Section Numbers . . . .11-101 to 11-108 . . .1-101 to 1-111 . .1-201 to 1-218 13. Levees and dikes v:-. . . . . . . . .13-101 to 13-103 2. Band ................ _ . . . . . . .2-101 to 2-104 14. 3. Board of Public Welfare: Art.!. Creation and duties ....3-101 to 3-105 2. Jurisdiction over public dances .. . . . . . . . . .3-201 to 3-211 4. Bonds .......................4-101 to 4-104 5. Building codes and regulations: Art.!. Building inspector ......5-101 to 2. Building code ......... .5-201 to 3. Electrical code . . . . . .5-301 to 4. Plumbing code . . . .5-401 to 5. Gas piping ... . . . . . . .5-501 to 6. Signs . . . . . . .5-601 to 7. Billboards.... ...... .5-701 to 8. House moving.. .... ... .5-801 to 9. Miscellaneous regulations 5-901 to 6. City Officers; boards and commissions: Art. 1. Board of Commissioners; City Manager; de par t- ments .................6-101 to 2. Officers and employees; duties .................6-201 to 3. Salaries of officers and employees ..............6-301 to 4. City Planning Commission 6-401 to 5. Trustees Memorial Hall. 6-501 to 6. Library Board ..........6-601 to 7. cemeter~d 6-701 to 7. City Limits: Art.!. Boundaries .............7-101 2. Ordinances Ecxtending Limits.. ./.......... .7-201 to 8. City Property 1/... _. . . . .. . . .8-101 to 9. Fire department: Art. 1. Personnel; duties .9-101 to 2. Firemen's Relief Associa- tion . . . . . . . . . . . . . . 9-201 to 3. Firemen's Pension Fund. .9-301 to 5-105 5-274 5-337 5-479 5-519 5-613 5-728 5-812 5-907 15. 6-114 Licenses: Art.!. General licenses ...... .14-101 to 14-179 2. Carnival, circus, amuse- ment companies ...... .14-201 to 14-209 3. Public dances . . .14-301 to 14-310 4. Pool and billiard halls.. 14-401 to 14-414 5. Public vehicles; licenses in general . 14-501 to 14-515 6. Tacxi-cabs . . . . 14-601 to 14-649 7. Junk dealers ......... .14-701 to 14-712 8. Auction sales . . . . .14-801 to 14-823 9. Fireworks ............ .14-901 to 14-914 10. Cereal malt beverages 14-1001 to 14-1020 11. Music machines . .14-1101 to 14-1110 12. Loudspeakers .14-1201 to 14-1204 Misdemeanors and offenses: Art. 1. General misdemeanors. .15-101 to 15-178 2. Immoral conduct . . . . . . . 15-201 to 15-216 3. Intocxicating liquors ... .15-301 to 15-319 4. Narcotic drugs . . .15-401 to 15-404 6-229 16. Nuisances ..... ... .16-101 to 16-115 6-316 6-408 6-503 6-603 6-707 17. Parks: v' Art.!. Kenwood park ... 2. Riverside park 3. Oakdale park 4. Highland Court park (Sunset park) ........ .17-401 5. City park ............ .17-501 6. Thomas park......... .17-601 .... .17-101 to 17-108 .17-201 to 17-204 .17-301 to 17-324 7-344 18. Plats and additions V,.~ . . . . . . .18-101 to 18-103 8-115 10. Fire prevention: Art.!. General regulations ... .10-101 to 10-136 2. Gasoline, oils, etc. .... .10-201 to 10-214 9-116 9~214 9-311 20. (v. ) 19. Police department: Art.!. Duties of police 2. Police court . . . .19-101 to 19-118 . . 19-201 to 19~207 Public health: Art. 1. Milk and dairy products. 20-101 to 20-124 2. General regulations 20-201 to 20-218 3. Venereal diseases 20-301 to 20-318 Section Numbers Chapter TABLE OF CONTENTS Section Numbers Chapter 22. Public utilities; franchises regulations: Art. 1. Electric light, power and gas ............. .22-101 to 22c123 2. Natural gas franchise .22-201 to 22-218 3. Street lighting 22-301 to 22-304 and -----/ 4. Bus transportation fran- chise ..................22-401 to 22-415 5. Miscellaneous franchises and grants . . .22-501 to 22-517 6. Miscellaneous regula- tions ..................22-601 to 22-613 23. Railroad rights of way: ~. Art. 1. Chicago, Kansas & Ne- braska Railway Co. (Rock Island) ..... .... .' . .23-101 to 23-109 2. Chicago, Kansas & Western Railroad Co. (Santa Fe) .23-201 to 23-212 3. Chicago, Rock Island & Pacific Railroad Co. ...23-301 to 23-302 4. Kansas & Colorado Rail- road Co. (Missouri Pacific) ............. . 23-401 to 23-405 27. 5. Kansas & Colorado Paci- fic Railway Co. (Missouri Pacific) . . .23-501 to 23-511 6. Missouri Pacific Railway Co. .................. .23-601 to 23-624 7. Salina Northern Railroad Company (Santa Fe). . .23-701 to 23-704 8. Salina and Southwestern Railroad Co. (Union Pa- cific) .. .23-801 to 23-827 9. Union Co. Pacific Railway . . . . . . . . . .' ...23-901 to 23-965 10. Ordinances and contracts relating to Union Sta- tion ..' ......... .23-1001 to 23-1010 11. Street lights at railroad crossings .23-1101 to 23-1107 24. Sewers: Art. 1. Miscellaneous sewer reg- ulations and provisions 24-101 to 24-105. 2. Special sewer permits .24-201 to 24-205 'y """.). Sitlewalks . . . .25-101 to 25~112 2C. Streets and alleys; in general: 1.--' Ai.t. 1. Excavations ...........26-101 to 26-114 2. General regulations: A. Cutting curbs for driveways ..' 26-201 to 26-206 B. Protection of paving and sidewalks under construction; bulkheads; cellars; etc. .26-207 to 26-213 C. Miscellaneous regula- tions 26-214 to 26-224 3. Service pipes and sewers ordered in . .26-301 to 26-303 4. Construction and main- tenance of intersections with steam railroads. . . .26-401 to 26-404 5. House numbering . .26-501 to 26-506 6. Names of streets changed 26-601 to 26-617 7. Grades; bench marks.. 26-701 to 26-704 Streets and alleys; opened and vacated: J----" Art. 1. Streets opened .27-101 to 27-141 2. Streets vacated .27-201 to 27-250 3. Alleys opened . .27-301 to 27-320 4. Alleys vacated .27-401 to 27-476 . . .28-101 to 28-115 .29-101 to 29-1,137 .30-101 to 30-126 .31-101 to 31.105 .32-101 to 32-103 . . . . .33-101 to 33-118 .34-101 to 34-123 .35-101 to 35-105 . .36-101 to 36-123 .37-101 to 37-501 /" ) 28. Trash, waste, garbage, etc 29. Traffic 30. Wards 31. Weeds 32. White Way 33. Aircraft 34. City Oourt 35. Trees; Forestry . . . . . . . . 36. yvaterworks department 37. (Zoning I \ /'(. J " ;y' ......-... ~ 1 (vi.) . REVISED ORDINANCES OF THE CITY OF SALINA, KANSAS 1939 . duty of the City Marshal or of the Policemen to capture and kill such dogs (~2, Ord. 1341, 10-19- 1906). 1-106. Dogs Running at Large-Tied. It shall be unlawful for the owner or person in charge of any dog to permit any such dog to run at large within the City of Salina between the 15th day of March and the 15th day of September, provided that any dog kept stcurely tied or kept securely within an enclosure on private premises or lead by a chain, strap or rope by some person in charge of ~uch dog shall not be deemed to be running at large within the provisions of this ordinance. (~1, Ord. 3538, 5-26-28). 1-107. Same-Impounding_Killing. That any dog found running at large within the City of Salina contrary to the provisions of section 1 of this ordin- ance shall be taken up by any policeman of the City of Salina or by any other person duly appointed and employed for that purpose by the City Manager, and shall be impounded in a place provided for that purpose by the city, which shall be under the charge of the Chief of Police, who shall make a record of all dogs so impounded, with their description and date of impounding. If within three days from the date any such dog is impounded the owner of such dog shall appear and claim any such dog, and shall pay to the Chief of Police the sum of $5.00 to pay the cost of impounding and keeping said dog, such dog shall be returned to such owner; provided, how- ever, that the claiming of any such dog shall be prima facie evidence of the violation by such owner of this ordinance and shall subject such owner to the penalty provided for herein. If any dog so impounded is not claimed by the owner thereof within three days of the date of such impounding, the Chief of Police shall cause any such dog to be killed, or any such dog may be sold by the Chief of Police to pay the cost of keeping and impounding such dog, upon public notice given for three con- 1-105. Vicious Dogs Killed by Marshal. If any secutive days in the official city paper, such notice dog in the City of Salina shall, in a vicious manner, to contain a brief description of the dog or dogs to bite or attempt to bite, or do any personal injury be sold, and the proceeds of any such sale and any to any child or other person, it shall be lawful for amount paid to the Chief of Police on account of the City Marshal or any policeman to capture, im- this ordinance shall be paid into the City Treasury; pound and kill such dog, and it is hereby made the provided further that the payment of a license as (1) CHAPTER i.-ANIMALS. (Sec. 13-435. G. S. 1935) Article 1.-Dogs.-1-101 to 1-111. 2.-Qther Animals.-I-201 to 1-218 ARTICLE I.-Dogs. 1-101. Mad Dogs, Mayor to issue proclamation. That the Mayor is hereby authorized, upon rea- sonable apprehension of danger from mad dogs, to issue his proclamation forbidding dogs of every de- scription from running at large in the City limits unless securely muzzled or at his option from run- ning at large at all within such period of time (not exceeding 90 days) as may be stated in such pro- clamation" and it shall be unlawful for any person to permit any dog in his charge or under his control to thereafter be at large in violation of such proc- lamation (~1, Ord. 787, 10-29-1891). 1.102. Marshal to kill dogs at large after Proc- lamation. The City Marshal shall cause all dogs to be killed that are found at large within the city limits after such proclamation shall have been pub- lished by posting in ten public places in the City or by publication once in the official City Paper. (~2, Ord. 787, 10-29-1891). 1-103. Penalty, Violation of 1-101. Any person violating the provisions of this ordinance shall, upon conviction, be fined in any sum not less than $5.00 nor more than $25.00 (~3, Ord. 787, 10-29-1891). 1-104. Vicious Dogs, Unlawful to Harbor, Penalty. It shall be unlawful for any person in the City of Salina to harbor or keep any vicious dog or other animal of a dangerous or vicious nature capable of doing personal injury. Any person so offending shall, upon conviction in the police court, be liable to a fine of not more than $100.00 (~1, Ord. 1341, 10-9-1906). . 2 ANIMALS.-D~~s. Ch. 1, Art. 1 Tequired by the Qrdinance Qf the .9iw of Salin, a uPC?n'\' ~~~Qme~~bjeat' to re~istratiQn then the Qwner or any dQg shall nQt prevent the impQunding, killing Qther persQn above mentiQned shall immediately or sale Qf any dQ~ under the proVisions of- this -or. I cause the reristration of such dog and the payment dinallce, but if any dQg S'o taken shall have a ficeU:se Qf' the fee 'therefor, which registratiQn shall hQld tag fo.r the current year, the Qwner Qf such dog as go.od o.nly until the lOth day Qf the next succeeding "hown by the reco.rds Qf the City Clerk shall be January as herein pro.vided. If any such fee shall notified befo.re such dQg is killed 0.1' SQld. (~2-, Ord. be due fro.m any o.wner 0.1' other perSQn as abo.ve 3538, 6-26-28). _ prQvided for and shall not be paid when due, then in additiQn to. any o.ther prQcedure prQvided fo.r by ordinance, the Chief Qf Po.lice, or any PQliceman or o.ther person designated by him, shall pro.ceed to. Co.l- lect all such registratio.n fees which may be due; pro.vided that in additio.n to. the fee abo.ve mentio.ned such policeman 0.1' o.ther perso.n shall co.llect an ad- ditio.nal sum Qf $1.00 fo.r each registratio.n fee so. co.llected and any perso.n failing 0.1' refusing to. pay any such registratio.n fee that may be due as afQre- said, tQgether with said additiQnal sum o.f $1.00 shall be deemed guilty Qf a misdemeano.r and punished as in Qriginal Ordinance No.. 1976 prQvided. Any Po.lice- man 0.1' Qther persQn cQllecting such fees and sums shall acco.unt fQr and pay the same to. the City Clerk." (~3, Ord. 4341, 12-30-33). 1-108. Same--Penalty. Any person who. shall permit any dQg Qwned by him or in his charge to. run at large in viQlatiQn Qf the prQvisiQns of this- Qrdinance shall be deemed guilty Qf a misdemeanQr and UPo.n co.nvictiQn shall be fined in the sum Qf no.t less than $5.00 no.r mQre than $26.00 fo.r such o.ffense. (~3, Ord. 3538, 5-26-28). 1-109. Do.gs-Registratio.n, License. The Qwner, keeper 0.1' harbQrer o.f any dog in the City of Salina, shall Qn 0.1' befQre the 10th day Qf January Qf each year, cause his name, with the name and descriptiQn Qf the dQg, to. be registered with the City Clerk in a bQo.k to. be kept fQr that purpose, and shall pay to. the City Clerk each year, befQre such dQg is regis- tered a registratio.n fee Qf Two. DQllars ($2.00) fQr each male do.g and each spayed female dQg, and Five DQllars ($5.00) fQr each unspayed female dQg, and shall keep Qn the neck Qf each dQg so. registered, a metallic 0.1' leather cQllar, to. which shall be attached a metallic tag 0.1' check, (to' be furnished by the City Clerk), with the number and the year of the regis- tratio.n distinctly marked thereo.n. The City Clerk shall keep a suitable bo.Qk fQr the registratiQn o.f dQgs and UPQn payment to. him o.f the fee afo.resaid, shall register the dQgs UPo.n which said fee is paid. PROVIDED, that if any do.g shall at any time after the date Qf registratio.n as hereinabo.ve prQvided 1-110. Not to. Enter Buildings. No. dQg shall be allo.wed to. enter any theater, store 0.1' Qther public place Qf building in the City, whether accQmpanied by its Qwner 0.1' perso.n in charge 0.1' Qtherwise. The wQrd "dQg" as used in this Qrdinance shall be CQn- strued to. mean any do.g, bitch 0.1' whelp Qver six weeks o.f age. (~5, Ord. 1976, 8-10-1916). 1-111. Violation of 1-110; Penalty. Any persQn vio.lating any Qf the prQvisiQns Qf this Qrdinance shall be deemed guilty o.f a misdemeanQr and UPo.n cQnvictiQn thereQf shall be fined in any sum nQt exceeding $25.00 fo.r each Qffense. (~7, Ord. 1976, 8-10-1916) . . . . Ch. 1, Art. 2 ANIMALS.-Other Animals. ARTICLE 2.-other Animals. (See also-Nuisances-~16-105, Supra) 1.201. Picketing animals on streets, alleys' and jlrivate. grounds. No person shall picket any horses, mules, 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 pel'mit such animals. getting upon any street or alley or upon private property without the consent of the owner (~1, Ord. 774, 6-18-1891). . 1-202. Impounding animals unlawfully picketed. It shall be the duty of the City Marshal to take up or cause to be taken up all animals found picketed within the City limits in violation of Section 1 of this ordinance and keep the same in some safe place, provided by him for that purpose at the expense of the City. For taking up any such animals the Mar- shal shall be allowed a fee of $1.00 to be paid by the owner thereof. In case the owner or keeper of any animal so taken up as aforesaid fail for ten days to reclaim the same and pay the fee for taking up and the expenses of keeping, the City Marshal shall sell such animal at public auction in front of the City Hall, having first given five days notice thereof, by publication in the official City paper, or by writ- ten or printed notices posted in four public places, one of which shall be in the City Hall. The proceeds 01 such sale shall be used to pay the fees and ex- penses of taking up and keeping the animal sold, in- cluding the expenses of the sale and $1.00 as a fee for the Marshal in making the sale and the surplus, if any, paid into the City Treasury for the use of the owner. (S2, Ord. 774, 6-18-1891). 1-203. Penalty; violation of 1-201. Any person violating the provisions of Section 1 of this Ordin- ance shall, on conviction thereof, be fined in any sum not less than $1.00 nor more than $10.00. (S3, Ord. 774, 6-18-1891). 1-204. Running at large. That it shall be unlaw- ful for the owner or person having charge of any of the animals hereinafter named, to-wit:-horses, mules, cattle, sheep, goats, and hogs, to allow the same to run at large within the limits of the City of Salina; and all such animals found running at large in said City are hereby declared to be a public nuisance. (SI, Ord. 32, 3-9-1871). 1-205. Impounding animals running at large. That it is hereby made the duty of the City Marshal or such other person as he may appoint to take up and impound in some safe enclosure any of the above mentioned animals found running at large in said City and to give notice forthwith by posting notice at the office of the City Marshal of each animal so taken up, the description of the same and for the ovvner and person in charge thereof to prove prop- erty and pay charges for abating such nuisance. (S2, Ord. 32, 3-9-1871). 1.206. Penalty; violation of 1-204 and 1.205. Any person violating any of the provisions of this or- dinance shall, upon conviction thereof, be fined in any sum not more than $1.00 for the first offense, and not less than $3.00 nor more than $15.00 for each and every subsequent offense or violation as aforesaid. (S3, Ord. 32, 3-9-1871). 1-207. Sale of impounded animals. If the animals aforesaid be not claimed and the charges as herein- after specified be not paid within ten days after the date of notice aforesaid, the City Marshal shall on the 11th day (all Sundays being excepted), at a time and place mentioned in the notice aforesaid, proceed to sell the same to the highest bidder for cash; and after deducting from the proceeds of said sale the amount of all charges which have accrued, including the expense of impounding and keeping and advertising the same; with 25c to the City Mar- shal as his fee for selling the same; he shall pay the balance to the City Treasurer, which amount, less the sum of $5.00 to be deducted therefrom as a pen- alty for the violation of the provisions of this ordi- nance shall remain in the City Treasury, subject to the order of the owner or person in charge of said animals (who having satisfied the Mayor of said City of being such owner or person in charge shall have received a written certificate to that effect) if claimed at. any time within twelve months from the date of the sale aforesaid. (S4, Ord. 32, 3-9-1871). 1-208. Fee for impounding. The City Marshal shall be entitled to a fee of 25c for each animal so impounded and 25c per day for each day it shall remain in his charge. (~5, Ord. 32, 3-9-1871). 1-209. Suckling pigs; no fine or costs. No fine, costs or charges shall be assessed or collected when- ever any suckling pigs if running with the mother, shall or may be taken up and impounded under the provisions of this ordinance. (S5, Ord. 32, 3-9-1871). 1-210. Not apply to drovers. Nothing herein con- tained shall be so construed as to prevent drovers or other persons from driving any of the above men- tioned animals from one place to another within the limits of said City, the owner or owners being re- sponsible for all damages that may be sustained by reason of the driving of such animals. (S7, Ord. 32, 3-9-1871). 3 4 ANIMALS.--Other Animals. Ch. 1, Art. 2 1-211. Trespassing on public or prjvate grounds or sidewalks. That it shall be unlawful for the QWn,- er or person in charge of any horse, mules, cattltl or other animals to permit th,e same to trespass on any sidewalk or space permitted by ordinance to be used for sidewalk in the City of Salina. (~1, Ord. 603, 8-16-1886). 1-212. Penalty; violation of 1-211. Any person permitting any animal in his charge to trespass 01' go upon or injure any public or private grounds or sidewalk of space permitted by ordinance to be used as a sidewalk shall be deemed guilty of a misde- meanor and upon conviction thereof before the Po- lice Court shall be fined not less than $6.00 nor more than $60.00. (~2, Ord. 603,8-16-1886). 1-213. Hogs; Prohibited. That it shall be un- lawful for any person to keep or permit to be kept on any premises in the City of Salina owned or leased or in possession of or under the control of any such person in the City of Salina any hogs or pigs of any age; PROVIDED, that this ordinance shall not prohibit the temporary keeping of hogs or pigs for the purpose of slaughter by any regular slaught- er house which is operated in the City of Salina within the district in which the operation of such slaughter house is permitted by the zoning ordi- nances of the City of Salina now or hereafter in effect, nor shall it prohibit the temporary keeping of hogs or pigs in any stock yards or pens along or adjacent to any railroad switch yard and kept there for the purpose of shipment. (~1, Ord. 3487, 12-14- 27). 1-214. Same; Penalty. That any person who shall violate the provisions of this ordinance shall be deemed guilty of misdemeanor and shall be fined not less than $6.00 nor more than $25.00 for each of- fense. (~2, Ord. 3487, 12-24-27). 1-215. Cattle; keeping prohibited. That it shall be unlawful for any person, copartnership or cor- poration, either as owner or as the agent, repre- sentative or employee or bailee of any owner to keep or have more than two head of cattle over the age of six months at anyone time within the city limits of the City of Salina e~cept tempol'al"ily for the purpose of sale or for transportation into, out 01 or . through the City of Salina, and except for purposes of slaughter in or on premises lying within the dis- trict or zone where such slaughter is permitted. (lj1, Ord. 4388,4-6-34). 1-216. Same; nuisanee. That on account of the unsanitary and unhealthful conditions caused by the keeping of cattle within the city limits of the City of Salina, and adjacent to or near premises occupied 'and used by persons residing within the city, the keeping of more than two head of cattle, (over six months of age) within the City of Salina by any person, copartnership or corporation either as the owner or as the agent, representative, or employee or bailee of such owner of such cattle is hereby declared to be a nuisance, which shall be abated and/or en- joined as other nuisances are abated and/or enjoined according to law. (~2, Ord. 4388, 4-6-34). 1-217. Same; penalty. Any person, copartner- ship or corporation, or any agent, representative, member or officer thereof who shall violate any of the provisions of this ordinance or who shall per- mit or maintain a nuisance as defined in this ordi- nance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 nor more than $25,00 for such offense, and each days continued violation of any of the provisions of this ordinance, and each days continued maintenance of any such nuisance shall be deemed to constitute a separate offense, and any such penalty may be en- forced in addition to any remedy which the City or any resident thereof may have by way of abatement or injunction. (~3, Ord. 4388, 4-6-34). 1-218. Cruelty to animals; penalty. That every person who shall maliciously and cruelly maim, beat, torture 01' abuse any horse, ox, cattle or other do- mestic animal, whether belonging to himEelf or to another, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $50.00. (~20, Ord. 636, 3-7-88), . Ch. 2 BAND.-Municipal. 5 <;HAPTER 2.-BAND. (Sec. 12-14aOl to 12-14a06 G.~. 1935) 2-101. Municipal band fund; trustees. That the fund known as the Salina Municipal Band Fund levied, assessed and collected in the manner provided by law shall be administered under the supervision of a Board of three Trustees to be known as the "Trustees of the Municipal Band Fund" which will be appointed by the Board of Commissioners of the City of Salina, and it shall be the duty of said Trus- tees to make such recommendations as they deem proper in respect to any contract between the City of Salina and the Salina Municipal Band with re- spect to the services of said Band and to perform such other duties as may be required of them by or- dinance. (~1, Ord. 2875, 11-10-23; Amd. ~1, Ord. 4928, 1-23-39). . 2-102. Term of trustees; no remuneration. That the three members of such Board of Trustees first appointed shall serve terms of one, two and three years respectively, as may be designated in their certificates of appointment, and thereafter one mem- ber shall be appointed each year. The terms of the three so first appointed to commence January 1, 1924. Said Board of Trustees shall serve without remuneration. (~2, Ord. 2875, 11-10-23). . 2.108. Contract with band; expenditures. That it shall be the duty of said Board of Trustees to en- ter into a written contract on or before January 1, 1924, for the services of a band for municipal pur- poses, such as public concerts or equivalent services to be given at such times and places under such reg- ulations as may be set forth in the contract. Said contract shall be entered into and executed by the Executive Board of the band and the Board of Com- missioners of the City of Salina, Kansas, upon the recommendation of the Board of Trustees of the Municipal Band Fund. Said Board of Trustees shall authorize all expenditures to be made in connection with said contract with said band and no money shall be paid out of said fund except with the written con- sent of such Board of Trustees, and all moneys ap- propriated for the use or in payment for said ser- vices of said band in connection with the contract as above indicated, shall be paid only on vouchers exe- cuted in the usual form, bearing the approval of said Board of Trustees. (~3, Ord. 2875, 11-10-23). 2-104. Contract approved by Board of Commis- sioners. Any contract made by said Board of Trus- tees and the Band with the leader or director for the services of such band shall be submitted to and ap- proved by the Board of Commissioners of the City of Salina, Kansas. (~4, Ord. 2875, 11-10-23). . . . Ch. 3, Art. 1 BOARD of PUBLIC WELF ARE.-Creation and Duties of Board. 7 CHAPTER 3.-BOARD OF PUBLIC WELFARE. (Sec. 12-1604 to 12-1606 G.S. 1935) Article I.-Creation and Duties of Board. 3-101 to 3-105. 2.-J urisdiction over Public Dances. 3-201 to 3-211. ARTICLE I.-Creation and Duties of Board. 3-101. Members; how selected; term of office. That there is hereby created in and for the City of Salina a Board of Public Welfare, such board to con- sist of five members who shall be elected by the Mayor and Council from the electors of said City and shall hold office for a term of five years and until their successors are duly elected and qualified, provided, however, that the first members elected shall be elected for one, two, three, four and five years respectively and one director shall be elected each year thereafter, and, provided further, that two members of such board shall be women and three members men. (~1, Ord. 1923, 2-26-19'16). 3-102. Organization of Board; by-laws. The mem- bers of such Board of Public Welfare shall, within ten days after their election, meet and qualify by each member taking the oath of office administered to the other officers of the City. And the members of such Board shall thereupon organize by electing a President and Vice-President and shall adopt such by-laws and regulation as they shall deem proper and necessary. (~2, Ord. 1923, 2-26-1916). 3-103. Board serve without pay; regulate theatres, dance halls, amusements; issue permits; penalty. Such Board of Public Welfare and the members thereof shall serve without pay and shall have the direct supervision and regulation of theatres, dance halls and other places of public amusement and re- creation maintained or conducted for profit, and of all theatres, theatrical entertainments or similar performances, dances, dance halls and other places of public amusement and recreation maintained or conducted in connection with any business such as restaurants, hotels, drug stores, soft drink parlors or other similar commercial enterprises, which may be maintained and conducted or operated in the City of Salina for profit and it shall be unlawful for any person to maintain or conduct for profit within the City of Salina any theatre, public dance hall or other place of public amusement or recreation maintained or conducted in connection with any business such as restaurants, hotels, drug stores, soft drink parlors or other similar commercial enterprises, after the election of such Board of Public Welfare without first having received and having from such Board of Public Welfare a permit to maintain and conduct the same, and any person convicted of violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of shall be fined in any sum not exceeding $100.00. (~ 3, Ord. 1923; Amd. ~ 1, Ord 2377; Amd. ~ 1, Ord. 2839, 8-15-1923). 3-104. Issuance of permits; revocation. Upon ap- plication being duly made the said City Board of .Public Welfare shall determine the character of the theatre, public dance hall or other place of public amusement or recreation, for which permit is sought, and if the Board after such investigation, find that the same, or the conduct or maintenance of the same, will not be detrimental to the good government of the city or to the preservation of peace and good order, or to the suppression of vice aud immorality, or injurious to the health of the inhabitants of the city, it shall issue a permit to such person allowing him to maintain and conduct such theatre, public dance hall, or other place of public amusement or recreation within said city until the first day of June thereafter, subject to the power of such Board of Public Welfare to revoke said permit. If said Board, after such investigation, finds that the maintenance and conduct of such place will be detrimental to the good government of the city, or the preservation of the peace and good order of the city, or to the suppression of vice or immorality, or detrimental to the health of the inhabitants of the city, such per- mit shall be denied. Said Board shall have power to at any time revoke such permit, after hearing upon five days notice, and a fjnding of said Board that the place is being maintained or conducted in a manner detrimental to the good government of the city, or the preservation of the peace and good order of the city, or to the suppression of vice or im- morality, or to the health of the inhabitants of the city. (~4, Ord. 1923, 2-26-1916). 3-105. Investigate needs of poor. It is further provided that said Board shall investigate all cases of need among the poor of the city and shall keep a written record of such investigations and shall upon request make written report of such investiga- tions to the Mayor and Council or to the County Commissioners of Saline County. (~5, Ord. 1923, 2- 26-1916). . Ch. 3, Art. 2 BOARD of PUBLIC WELfARE-Jurisdiction over Public Dances. 9 . ARTICLE 2.-Jurisdiction over Public Dances. . 3.201. Public dance; defined. The term "public dance" as used in this ordinance and in other or- dinances of the City of Salina, now or hereafter in effect shall mean any dance to which the public is invited 01' to which any admission fee is charged under any form 01' guise whatsoever, whether paid at the door, on the floor, in the form of a subscrip- tion or whether paid before or after said dance, under guise of dues or assessments, and where ad- mission is secured by invitation or otherwise, except as hereafter provided; it being the intent of this ordinance to define as a public dance any dance held within the City of Salina at any dance hall or audi- torium, except one which may be given by one or more individuals at his or their own expense (as here- inafter limited) and except a dance to which no in- vited 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 01' other organization, having a permanent membership, and which only the regular bona fide members of such club, society or organization, and not to exceed one outside guest of the opposite sex for each mem- ber are permitted to attend together with any bona fide guest who may reside outside of the City of Salina, 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. (~1, Ord. 3058, 12-29-24). 3-202. Showing to Board; certificate. (See also 14-301 to 14.310). Any dance which is given by any club, society or organization or by five or more indi- viduals shall be defined a public dance until the per- son or persons in charge thereof shall appear before the Board of Public Walfare 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 hold- ing of such dance, provided, however, that such cer- tificate may be revoked at any time by the Board of Public Welfare, and any person or persons se- curing such a certificate for himself or themselves or for any such club, society or orgap.ization 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 defined, 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 and shall be punish- ed as hereinafter provided. (~2, Ord. 3058, 12-29- 1924). . 3.203. Clubs, societies,. etc.;. Board require show. ing. No dance shall be deemed to be a club, society or organization dance so as to eliminate the necessity of securing a permit therefor under the provisions of this ordinance, when only the members who at- tend such 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 01' at any time thereafter, it being the intent of this ordinance to designate as a club, society or organization dance only such dance or dances as may be given by such club, society or ol'ganization 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, be- fore issuing any certificate, under the provisions of this ordinance, may require any person 01' persons applying therefor, on behalf of any such club, so- ciety or organization, to furnish satisfactory evi- dence of the nature thereof. (~3, Ord. 3058, 12-29- 1924). 3-204. Supervise public dances; permits. In ad- dition 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 defined in the City of Salina. Be- fore any public dance shall be held or before any dance shall be held by any person or persons, club, society or organization, the person or persons giv- ing 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. If the Board of Public Welfare shall decide that the proposed dance is not a public dance it shall issue a certificate provided in the preceding section hereof, but if it shall decide that the dance is a public dance it may, if it deems the applicant or applicants for such per- mit 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 of $3.00, which shall cover the expense of a supervisor to attend such dance if the Board of Public Welfare deel}lS such super- visor necessary, and the Board on issuing such per- mits shall notify the City Clerk, who shall issue no license until such permit is granted. (~4, Ord. 3058, 12-29-1924). 3-205. Chairman of Board and Police to be noti- fied. Every owner, lessee or person in charge of any dance hall in the City of Salina, or of any other room or place in the City of Salina 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 o'clock noon of the day on which any 10 BOARD of PUBLIC WEi..I<'ARE.-:..Jurisdiction- over Public Dimces.Ch. 3, Art. 2 dance is, to be held. in such d.ance halL or other place I have slich a supervisor present at such dance, Such of the tIme, place and name of the person or persons, I supervisor, and any police officer of the City of club. soeiety or oritanization proposing to use such Salina, shall have authority to attend any such dance, hall Or other place for any such' dance, and no' such remove therefrom any pel'son or, .persons guilty of person shall permit any dance to b6l held in any such! disorderly conduct or any misconduct or any intoxica- hall unless .there s~all be exhi?ited.to him a perm~tl cl1ted per~on, and, to ~rrest any pcrso,n found to be therefor or a certIficate showmg that such permIt engaged III the VIOlatIOn of any law or ordinance, is not required. (~5, Ord. 3058, 12-29-1924).- i (~8, Ord. 3058, 12-29-24). 3-206. Disorderly conduct; dance stopped; no more 3-209. Authority of Chairman between meetings. permits. If, at any dance given by any person or The Chairman, or Acting Chairman of the Board persons, club, society or organization the persons attending shall be disorderly or shall be guilty of of Public Welfare shall have authority to do any of any unbecoming conduct or shall be found to be vio- the ~cts as herein provided for and all. autho:ity I t' f th I di f th St t f herem conferred upon the Board of PublIc Welfare a mg any 0 e aws or or nances 0 e a eo" ' " K th C't f S I' h shall be vested m the ChaIrman or Actmg Chairman ansas or e I y 0 a ma, any suc person may f h B d t II t' b t h I I 0 suc oar a a Imes e ween t e regu ar or be removed or any such dance may be ordered stop- I ' I . f h B d ('<:9 0 d 3058 12 29 ., d f 'I specla sessIOn 0 suc oar. Jj r. - - ped by any supervIsor appomted by, the Boar 0 24) " Publi~ Welfare,. or by a~y regular police o~icer of I . the CIty of SalI~a, and If the Board of PublIc W~l-I 3-210. Unlawful to give public dance without per- fare shall be satisfied that any such conduct, or VlO-: mit or after permit or certificate revoked. It shall lation has taken place, such Board of PublIc. Wel- I be unlawful for any person, either individually or as fare may th~reafter r~fuse to ~rant. any ~ert1ficate I the officer, director or member of any club, society or any permIt as prOVIded for m t~l1S ordmanc~ to I or organization to give or permit the giving or hold- a,ny such person or persons, club, socIety or orgamza- I ing of any dance for which any admission charge is tlOn. (~6, Ord. 3058, 12-29-1924). I made or collected under any guise whatsoever, with- 3-207. Period of permit; revocation. The permit! out first securing a permit as required herein, or to and certificate herein provided for may be issued: give or hold any such dance after any such permit for one or more dances or for a designated period of I or any certificate as herein provided may be revoked, time to be designated plainly on the face of such II or after any dance has been ordered stopped or dis- permit or certificate, and shall be revocable at any continued as herein provided for. (~10, Ord. 3058, time with or without notice by the Board of Public 112-29-24). Welfare. (~7, Ord. 3058, 12-29-24). . . I 3-211. Penalty for VIolation of Sees. 3-201 .to 3-208. Dance supervisor; authority. The Board 3-210. And person who shall violate in any manner, of Public Welfare shall have authority to designate I or connive or conspire with another to violate the any suitable person, satisfactory to the City Manag- 'I p,rovisions of this ordinance or who shall in any man- er of the City of Salina, who, when approved ner permit or aid in the violation of this ordinance by the City Manager, shall be commissioned shall be deemed guilty of a misdemeanor and upon as a special police officer, to act as the supervisor i conviction thereof shall be punished by a fine of not at any dance for which a permit is issued when the I less than $5.00 or more than $50.00 for each offense. Board of Public Welfare may deem it necessary to (~11, Ord. 3058, 12-29-24). . Ch. 4, Art. 1 BONDS-Contractors, Licensees, etc. 11 CHAPTER 4.-BONDS. I 4.102. Public improveme,nt bonds; surety com. (See 60-1413, G. S. 1436) pany; local agent. That all bonds required of con- tractors for public improvements shall be signed and ARTICLE I.-Bonds of Contractors, Licensees, Etc., executed as surety by some surety company holding Certificate of Authority from the Secretary of the Treasury under Acts of Congress as acceptable sure- ty on Federal Bonds and lawfully doing business in the State of Kansas and maintaining a local agent in the City of Salina, and that no bond not counter- signed by the Company's local agent in the City of Salina and/or for an amount in excess of the limit for which the surety may be accepted on anyone Federal Bond will be accepted and approved by the Board of Commissioners of said City. (g2, Ord. 2399, 7-23-1921). (4-101 to 4-104) . 4.101. License and contract bonds; surety com- pany; local agent. That all bonds for the use, bene- fit or protection of the City of Salina required to be taken by the statutes of the State and by the ordin- ances of the City and by resolution of the Board of Commissioners of said City from any person or cor- poration to secure the faithful performance 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 requir- ed, shall be signed and executed as surety by some surety company holding certificate of authority from the Secretary of the Treasury under Acts of Con- gress as acceptable surety on Federal Bonds and lawfully doing business in the State of Kansas and maintaining a local agent in the City of Salina, and that no bond not countersigned by the Company's 4.104. Approved by City Attorney and Board of local agent in the City of Salina and/or for an Commissioners. All bonds herein provided for shall amount in excess of the limit for which the surety be submitted to and approved by the City Attorney; may. be accepted on anyone Federal Bond will be I' and after such approval by the City Attorney such accepted and approved by the Board of Commis- bonds shall be approved by the Board of Commis- sioners of said City. (gl, Ord. 2399, 7-23-1921). sioners. (g4, Ord. 2399,7-23-21). 4-103. Bonds signed by principal as well as surety. All bonds herein provided for 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 of Salina. (g 3, Ord. 2399, 7-23-1921). . . . . Cll. 5, Art. 1 BUILDING CODES and REGULATIONS-Building Inspector. 13 CHAPTER 5.-BUILDING CODES AND REGULATIONS. Article I.-Building Inspector.-5-101 to 5-105. 2.-Building Codc.-5-201 to 5-274. 3.-Electrical Code.-5-301 to 5-337 4.-Plumbing Code.-5-401 to 5-479. 5.-Gas Piping.-5-501 to 5-519. 6.-Signs.-5-601 to 5-613. 7.-Bill Boards.-5-701 to 5-708. S.-House Moving.-5-801 to 5-~n2. 9.-Miscellaneous Regulations.- 5-901 to 5-907. ARTICLE I.-Building Inspector. 5-101. Office created; qualifications; term. That there be and there is hereby created the office 01 Building Inspector in the City of Salina, Kansas, and that the City Manager of said City be and he is hereby authorized to appoint to such position such person as shall, in his opinion, possess the necessary experience and qualifications to properly discharge the duties 01 same. '1'hat said Building Inspector shall be appointed for a period of one year, subject however to dismissal at the option and pleasure of the City Manager. (Ill, Ord. 2908, 12-28-23). pedient for the public safety and as may not be in- consistent with law. (S2, Ord. 2908, 12-28-23). 5-103. Pees paid to Inspector. Every person, per- i sons, company, co-partnership or corporation engag- I ed either as principal or agent in the construction of any building within the corporate limits of the City of Salina shall pay to said City, as and for the cost of the inspection of said building by said Build- ing Inspector the fee now provided for in the exist- ing ordinances of the City of Salina in the same manner and to be accounted for in the s'ame way as provided for in such ordinances. (S3, Ord. 2908, 12- 28-23). 5-104. Inspector have access to buildings; penalty. Every such person 01' persons shall, during the con- struction of any building or buildings, permit the Building Inspector of the City of Salina free access to all parts of such structure during the erection thereof, to the end that a proper inspection may be made and any person or persons who shall fail or refuse to pay the proper fee for such inspection, or who shall willfully refuse or fail to permit said officer or his assistants to have access to such build- ing or to make a proper inspection thereof, or who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than $5.00 nor more than $50.00 or sentenced to confine- ment in the City jail in said City for a period of not more than 30 days or may receive both such fine and imprisonment as the court shall determine. (S4, Ord. 2908, 12-28-23). 5-102. Duties of Building Inspector. That it shall be the duty of said Building Inspector to examine all buildings in the course of erection, construction, alteration or re-Iocation within the City of Salina, together with the heating, plumbing and electrical work thereof, for the purpose of determining whether or not the same are being erected, con- structed or altered in compliance with the permits given therefor and in compliance with the ordinances 5-105. Inspector perform duties formerly given of said City appertaining to the erection, construc- I Fire Chief, etc. That the duties of said Building tion and alteration of buildings and all portions Inspector shall include all of the duties prescribed thereof. It shall be the duty of said Building In- for and to be performed by the Fire Chief, the Elec- spector to inspect all such buildings in the course of trical Inspector and the Plumbing Inspector under erection, construction, alteration or re-Iocation as the provisions of Ordinance No. 1510 as amended; regards the construction of flues, heating apparatus, I Ordinance No. 1962 and Ordinances Numbers 2500 and plumbing and electrical work and general construc- 1618 as amended, and wherever the words Fire Chief, tion, and to determine whether the same has been Electrical Inspector or Plumbing Inspector occur in built or is being built in conformity to the ordin- any of such ordinances the same shall be considered ances of the City and in such a manner as to be as referring to the Building Inspector as in this 01'- without defects or causes liable to endanger life or dinance provided for and the said ordinances above property. It shall be the duty of said Building In- refererd to are hereby amended to conform to the spector to ascertain and determine the need of en- terms and provisions of this ordinance, provided how- forcement and to co-operate in the enforcement of ever, that this ordinance shall be considered supple- all ordinances appertaining to the safe and lawful mental to and not repealing the ordinances above construction of buildings and he shall have full au- mentioned, except as above referred to and except thority to adopt and enforce all such prudent emerg- in so far as they may be in conflict herewith. (S5, ency measures as he may deem necessary and ex- Ord. 2908, 12-28-23). . Ch. 5, Art. 2 ARTICLE 2.-Building Code. . BUILDING CODES-Regulations, etc. 15 . 5.201. Permit Required. National Underwriters Code. No person or persons, corporation or company shall erect or cause to be erected within the limits 01 the City of Salina, Kansas, any structure, building or part thereof unless they shall have, before pro- ceeding with the erection, enlargement, alteration, repair or removal of any building or structure in the city, obtained a permit for such erection, enlarge- ment, alteration, repair or removal from the Build- ing Inspector, and it shall be unlawful to proceed with the erection, enlargement, alteration, repair or removal of any building or structure within the City unless such permit shall first have been ob- tained. All buildings hereafter erected or altered within the fire limits, shall be constructed in accord- ance with the latest edition of the rules of "The National Board of Underwriters Building Code". Provided however that all permits for all structures, buildings or parts thereof to be erected, enlarged, altered, or repaired within the limits of the City of Salina which are used or are to be used for commer- cial purposes, and all permits for all buildings here- inafter erected or altered within the fire limits of the City of Salina must be submitted to and coun- tersigned by the Chief of the Fire Department. (~1, Ord. 2993,6-7-24; Amd. ~1, Ord. 4938,8-17-39). 5-202. Fees. Permits must be taken out before any work is started and the fees for permits on all buildings based on the estimated costs of the im- provements shall be as follows: $1,000 or less $1.00 $1,000 to $1,500 $1.50 $1,500 to $3,000 $2.50 $3,000 to $5,000 $5.00 $5,000 to $10,000 $10.00 $10,000 to $20,000 $20.00 $20,000 to $40,000 $30.00 All over $40,000, 25c for each $1,000 additional. The person applying for such permit shall file therewith application showing estimated cost of the building and its location, and any other information which may be required by the Building Inspector relating to the same, and all fees collected by the Building Inspector under the provisions of this or- dinance or any other ordinance of the City of Salina shall be accounted for and paid into the City Treas- ury by the Building Inspector, between the first and tenth of each month, covering all fees collected by him during the previous month, and a duplicate copy of his report and receipts shall be filed at the same time in the office of the City Clerk. (~2, Ord. 2993, 6-7-24; Amd. ~1, Ord. 3726, 6-22-29). . 5.203. Buildings within the Fire Limits. Every building hereafter erected, enlarged, rebuilt or re- constructed within the fire limits as now defined or as they may be hereafter defined by ordinance shall have all exterior walls constructed only of brick, stone, concrete, terra cotta or tile, and shall other- wise comply with the following requirements: (a) Walls of One Story Buildings. In one story buildings, all walls used as party or fire walls, and all walls located within three feet of the lot line or on the alley line shall be constructed of brick and cement mortar not less than thirteen inches in thick- ness or its fire resistive equivalent in other non- combustible materials, and all party or fire walls, and rear parapet walls where the rear wall is with- in ten feet of the alley line, shall extend three feet above the point where the roof of such building joins any such party or fire wall or rear wall, and all such walls shall have footings at least two feet un- der ground. (b) Openings in fire or party walls. No unpro- tected openings shall be permitted in any party wall or fire wall when any other building shall stand or shall be subsequently erected within twenty-five feet of such opening. (c) Basements. (Cross Ref.: Sec. 26-207 to 26-213 Re Bulkheads, basements, etc., under sidewalks). In all buildings having basements, either the frame work over the heating plant and fuel room shall be of reinforced concrete, monolithic or protected steel construction joined to an eight-inch concrete, brick and cement mortar, or wall, or its equivalent in fire resistance, without openings into other buildings ex- cept the entrance door to such room which shall be metal sheathed and automatically self-closing or the entire first floor shall be of reinforced concrete, monolithic or protected steel construction. All in- side stairways shall be constructed of non-combusti- ble materials and properly trapped, and all other in- side openings from the basement shall be properly protected. (d) Sleeping rooms. Where any story of any such building above the first floor is used or intended to be used for sleeping rooms, the specifications above required for the first floor over the basement shall apply to the frame work, stairways and openings of each such floor so used. (e) Skylights and alley openings. All skylights, and all windows opening toward the alley, shall be of metal and wire glass construction and all doors and exposed woodwork on the alley side shall be metal sheathed. 16 BUILDING CODES-Regulations, etc. Ch. 5, Art. 2 (f) ~o.ofs. AI~ roofs ~hall be covered with metalll 5-207. Frame buildings outSid. e fire limits; brick composItIon or tIle roofmg. veneer. Hereafter no frame building shall be erected (g) Hotels and Apartment Houses. The fore- nor any frame addition made to any existing frame goin~ specifications for sleepin~ ~ooms within ~he I building ,wi:hi~ the fire limits of the City. Outs,ide fire hmlts shall apply to all bUlldmgs three storIes. the fire hmlts It shall be lawful to erect frame bUlld- or more in height used or intended to be used as ings not exceeding 40 feet in height from the side- hotels, rooming houses or apartment houses here- walk to the highest point of roof. If such frame after erected, enlarged, rebuilt or reconstructed buildings have a basement story of masonry, their within the City of Salina. height above the sidewalk may be made not to ex- (h) Structures Outside of Fire Limits. Struc- ceed 45 feet, provided that in no case shall any por- tures not exceeding one story in height, not used for tion of any frame buil?i~g above the second story be permanent dwelling house purposes and having a used as a separate hvmg apartment. It shall be ground area of not to exceed 320 square feet between lawful to surround a frame building with a veneer walls lying outside of the fire limits may be con- of brick not less than 4 inches thick, provided said structed of 5 inch hollow tile or h~llow concrete brick is not carried higher than the second story or blocks, laid on edge with cement mortar. 22 feet above, the base~ent ceiling, and provided (I') St tu tEl ed St t t further that saId veneer IS anchored to the studding ruc res no nc os. ruc ures no en- . . 1 d th th 'd t b d f to or other frame constructIon m a manner conform- c ose on more an ree SI es, 0 e use or au - , b'l k' t b t t d 'th mg to the best and latest type of construction and mo 1 e par mg or s orage, may e cons ruc e WI - , ' , , 'th t th fi I' 't f 5' h h 11 t'l satIsfactory to the Bmldmg Inspector. Such brick m or WI ou e re 1m1 s, 0 1nc 0 ow 1 e or ' h 11 t bl k l'd d 'th t veneer IS not to be placed on gables or any other o ow concre e oc s a1 on e ge WI cemen ' . ta d 'f' th fi I' 't h 11 h t 1 parts of frame bU11dmgs above the height herein mor l' an 1 In e re 1ml s s a ave a me a or. . , ' 't' f specIfied. All frame bUIldmgs, whICh it is desired compOSl IOn roo . to surround with brick veneer must have their base- (j) Definitions. All terms used in this section ment walls and foundations of solid masonry. (~7 shall be defined in accordance with the usage of the Ord. 2993, 6-7-24). ' Kansas Inspection Bureau, Topeka, Kansas. (~3, Ord. 2993, 6-7-24; Amd. ~1, Ord. 3643, 12-26-28; Amd. ~1, 5-208. Remodeling for apartments. Whenever Ord. 3674, 3-2-29). any frame building within the fire limits shall be remodeled, altered or changed for the purpose of using the same for flats or apartments, or whenever such frame building shall be occupied for flat or apartment purposes of more than three suites each suite of apartments in such building shall be separat- ed from the other by a wall of incombustible material of such dimensions and thickness as required herein, (~8, Ord. 2993, 6-7-24). 5-204. No frame building built or moved within fire limits. No frame or wooden structure shall here- after be built within the fire limits now existing or within the fire limits hereafter established, and no frame building shall be moved from without to with- in the fire limits, or from one location to another, either on the same lot or otherwise, within the fire limits, as now or hereafter established. (~4, Ord. 2993, 6-7-24; Amd. ~1, Ord. 3525, 4-28-28). 5-205. Ordinary construction defined. The term "ordinary construction" as used in this ordinance shall mean the ordinary system of construction in which timber and iron structural parts are not pro- tected with fire resisting coverings and in which the walls are built of masonry as required by this code. (~5, Ord. 2993, 6-7-24). 5-206. Repair of frame buildings in fire limits. Frame buildings within the fire limits which have been damaged by fire, decay or otherwise to an ex- tent not greater than 50 per cent of their value may be repaired, provided there is no increase in the size of such buildings over their original dimensions. (~6, Ord, 2993, 6-7-24). 5-209. Iron Sheds in District No.2 of Fire Limits. Except as hereinafter provided, iron covered sheds or buildings, not exceeding eight thousand square feet in area, and not exceeding one story in height, and having fire resisting roofs supported on sufficient posts or piers, may be erected within that portion of the fire limits designated as District No.2, as de- fined by Section 11-103 of the Revised Ordinances 1925, (as amended by section 1 of ordinance 3519 and extended by Ord. 3804); provided that such buildings shall not be built within fifteen feet 01 any other building or structure. (~9, Ord. 2993, 6-7- 24; Amd. ~2, Ord. 3519, 3-31-28). 5-210. Walls. (Cross Ref., See 5-203). All ex- terior, or division walls of buildings hereafter erect- ed of masonry or concrete shall be of sufficient thick- ness to support safely the load to be carried. Ch. 5, Art. 2 BUILDING CODES-Regulations, etc. 17 Such walls, excepting party and fire walls, for all 'which serve as bearing walls on both sides, shall be Luildings of other than the dwelling house class, not I not less than 16 inches thick in the upper two stories exceeding five stories or 65 feet in height, shall have 01' upper 30 feet, increasing 4 inches in thickness the upper two stories not less than 12 inches thick, for each two stories or fraction thereof below. All increasing 4 inches in thickness for each two stories other fire walls shall be not less than 16 inches thick or fraction thereof below. For such buildings in in the upper four stories or upper 50 feet, increasing excess of five stories, but not exceeding ten stories 4 inches in thickness for each two stories or fraction or 125 feet in height, the top story shall not be less thereof below. No two-story increment shall exceed than 12 inches thick, increasing 4 inches in thickness 30 feet in height. for each two stories or fraction thereof below. No Reinforced concrete walls, with the steel reinforce- two-story increment shall exceed 30 feet in height. ment running both horizontally and vertically and Solid masonly exterior walls of dweWngs not ex- weighing not less than one-half pound per square ceeding 30 feet in height, exclusive of gable, and oc- foot of wal~, may hav~ a thickness 4 inches less than cupied by not more than LWO families, l'lay not be that preSCrIbed for brIck walls. less than 8 inches thick, and shall include cellar and The foundation walls of all buildings over two basement walls if built the same thickness. The un- stories in height, except as above provided, shall be supported length of such walls shall not exceed 25 4 inches thicker from footing to grade than required feet. for the remainder of the wall. All exterior, and division or party walls over one story high, shall extend the full thickness of top story to at least 2 feet above the roof surfacing of a building as a parapet and be properly coped, ex- cepting walls which face on a street and are finished with incombustible cornices, gutters or crown mould- ings; excepting also the walls of detached dwellings with peaked or hipped roofs. The parapet walls of warehouses and all manufacturing or commercial buildings shall extend 3 feet above the roof. Fire walls shall be continuous from foundation to 3 feet above roof level and shall be coped. Brick or concrete walls of buildings outside the fire limits, which under this ordinance could be of wood, may have a minimum thickness of 8 inches. Such walls shall not exceed two stories or 30 feet in height, exclusive of gable, nor shall they exceed 35 feet in length unless properly braced by cross walls, piers, or buttresses. Clay brick used for exterior walls, chimneys or piers, shall have an average compressive strength of 2,000 pounds per square inch, and an absorption not exceeding 20 per cent. Concrete, sand-lime, or other varieties of brick, used for the same purposes shall have an average crushing strength of 1,500 pounds per square inch, and an absorption not ex- ceeding 15 per cent. Portland cement only shall be used in the manufac- ture of concrete blocks. The coarse aggregate shall be of suitable material graded in size, but in no case shall the maximum dimension exceed one-fourth the minimum width of any section of the finished block. Concrete blocks shall not be used in construction until they have attained the age of 28 days, or de- veloped the strength required in this section. . . Solid concrete walls shall not be less than 6 inches thick and hollow monolithic concrete walls shall have an aggregate thickness not less than 6 inches. If masonry walls are built hollow, or are constructed of hollow clay or concrete units, the allowable height of the 8 inch portion shall be limited to 20 feet and the remaining lower portion shall be at least 10 inches thick. For dwellings over 30 feet high, but not exceeding 40 feet in height, the exterior walls may be 8 inches thick for the uppermost 20 feet and shall be at least 12 inches thick for the remaining lower portion. Solid party and division walls of dwellings shall not be less than 8 inches thick for the uppermost 20 feet and shall be at least 12 inches for the remain- ing lower portion, such party and division walls, if hollow, or if built of hollow clay or concrete units, shall not be less than 12 inches thick. All walls of buildings of the dwelling house class of ordinary construction exceeding 40 feet in height shall be solid. The upper three stories shall not be less than 12 inches thick increasing 4 inches in thick- ness for each three stories or fraction thereof below. No three-story increment shall exceed 45 feet in height. Walls in skeleton construction shall be supported by girders at each story, and shall be not less than 12 inches thick, except that solid concrete may be 8 inches thick. A fire wall is hereby defined as a wall built for the purpose of restricting the area subject to the spread of fire. In all buildings except dwellings, frame buildings, and skeleton construction, party walls and fire walls . 18 BUILDING CODES-Regulations, etc. Ch. 5, Art. 2 . The compressive strength of building blocks shall \i er ~epth than those adjoining, to give timely written In all cases be calculated upon the gross area of the notice to the owner or owners of prior erected build- bedding faces no account being taken of the cellular I ings of. their intention so to do and shall also permit spaces. i the occupancy of their ground to so protect and un- Hollow b~ilding tile ~sed for exterior or party l'derPin said wa~ls, but in all cases the former :valls walls, or pIers, and desIgned to be laid normally have been carned down to the depth above speCIfied, with the cells vertical, shall have an average com- then parties building upon adjoining lots and exca- pressive strength of not less than 1,200 pounds per square inch when tested with the cells vertical, and not less than 300 pounds per square inch when test- ed with the cells horizontal. The average compressive strength of hollow build- ing tile designed to be laid normally with the cells horizontal, and tested with the cells in that position, shall be not less than 700 pounds per square inch. Hollow concrete block or tile used for exterior or party walls or piers shall have an average compres- sive strength of not less than 700 pounds per square inch. Concrete blocks shall be not more than 36 days old when tested. The average strength of the blocks as here given shall be obtained by testing five blocks of average quality. The allowable working stress on all masonry con- struction shall not exceed one-tenth of the required average test strength. All walls and partitions in schools, hospitals, and places of public assemblage, over one story high, and all walls and partitions in theaters, shall here- after be built of brick, stone, concrete, hollow or solid blocks, or metal lath and Portland cement plas- ter on metal studding, or other equivalent incombus- tible construction. The mortar used for all 8 inch walls, fire walls, foundation walls, walls for skeleton construction, and all walls built of hollow building tile or concrete blocks, shall be either Portland cement mortar, or cement-lime mortar, the latter in proportions not leaner than one part Portland cement, one part lime and 6 parts sand by volume. (~10, Ord. 2993, 6-7-24; Amd. ~1, Ord. 3623, 12-12-28). 5-211. Walls, depth; underpinning. The walls of any building, excepting residences, which are to be placed on a line of the lots between different own- ers, and when the bottom of the footings of such walls are not to be extended down to a depth of 8 feet from the sidewalk level, shall be underpinned, sustained and protected whenever it becomes neces- sary, at the entire cost of the owner or owners there- of, provided however, that it shall be the duty of the adjoining owner or owners, when designing to build and if wishing to sink their cellar or walls to a grea t- vating for their cellars to a greater depth than above named, shall, at their own cost and expense, use all proper care to underpin, sustain and protect the for- mer erected walls, building or buildings. No foun- dation of any building, excepting residences shall be less than 3 feet below the sidewalk level. (~11, Ord. 2993, 6-7-24). 5-212. Stone walls; Floors. Stone walls shall be 4 inches thicker than required for brick walls. Tests shall be made by the owner, upon demand of the Building Inspector of all forms of floor construction involving spans over 8 feet. Such tests shall be made to the approval of the Building Inspector and must show that the construction will sustain a load equal to twice the sum of the live load and dead loads, for which it was designed, without any indica- tion of failure. The construction may be considered as part of the test load. Each test load shall re- main in place at least 24 hours. On arch construc- tion, this test load shall be placed on 1/2 of the arch, covering the area from support to crown of arch. When so required, the contractor shall furnish to the Building Inspector test cylinders for the purpose of making tests of concrete. (~12, Ord. 2993, 6-7-24). 5-213. Roofs, live loads; dead loads. The full live load on roofs of all buildings shall be taken on walls, piers and columns. The wall, piers and columns of all buildings shall be designed to carry the full dead loads and the proportion of the live load of the build- ing. (~13, Ord. 2993, 6-7-24). 5-214. Tenements; rooms in basement. In no new tenement house shall any room in the cellar be con- structed, altered, converted or occupied for living purposes and no room in the basement of a new tenement house shall be constructed, altered, con- verted or occupied for living purposes unless such rooms shall be at least 8 and 1/2 feet high and in the clear and shall have the finished grade of such premises at the building at least 4 1/4 feet of such height above the average street grade at the build- ing, provided only one living apartment shall be al- lowed in the basement of any tenement house here- after constructed. (~14, Ord. 2993, 6-7-24). 5.215. Tenements; 5 stories; fireproof; over 2 stories; slow burning. Every new tenement house . Ch. 5, Art. 2 BUILDING CODES-Regulations, etc. 19 more than five .stories and ba.sement high shall be I 5.220. Violation; Penalty. Any person who shall of fireproof construction. Every new tenement house erect, construct, alter or enlarge any such building, more than two stories and basement shall be of slow or who shall cause the erection, c(;mstruction, altera- burning or fireproof construction. In case slow tion 01' enlargement of any such building without burning construction be required, the cellar and base- securing a building permit therefol', or contrary to ment construction, including the floor construction the provisions of this ordinance after any building of the first story above the cellar or basement shall permit is issued, or who shall use any such build- be of fireproof construction. (~15, Ord. 2993,6-7-24). ing for hotel, rooming house or apartment house pur- poses contrary to the provisions of this ordinance, shall be deemed guilty of a misdemeanor and shall be fined not less than $25.00 nor more than $500.00, or imprisoned not more than thirty days, or shall be punished by both such fine and imprisonment, for each offense, and each days continued violation of any of the provisions of this ordinance shall be deemed a separate offense; provided further that any building erected, constructed, altered or enlarg- ed contrary to the provisions of this ordinance shall be deemed to constitute a public nuisance and shall be abated or removed in such manner as may be provided for by law. (~3, Ord. 3590, 8-11-28). . 5-216. Definition "Tenement-Tenement house". That wherever the words "tenement" or "tenement house" appear in Section 14 or Section 15 of Ordin- ance No. 2993 of the City of Salina, passed and ap- proved on June 2nd, 1924, and duly published in the official city paper on June 7th, 1924, said Sections being Sections 5-214 and 5-215 of the Revised Or- dinance 1925 of the City of Salina, such words shall be deemed, and they are hereby declared, to mean and refer to all structures designed for or intended to be used for, or used for human habitation, except private dwelling houses, so that such terms as used in said sections of said ordinance shall be deemed, and they are hereby declared to mean and refer to hotels, rooming houses, apartment houses, flats and all other structures designed for or intended to be used for, or used for, human habitation, except pri- vate dwelling houses. (~1, Ord. 3542, 6-9-28). 5.217. Permits. That no permit shall be issued by the Building Inspector for any building mentioned or described in the preceding section of this ordin- ance except such as shall comply with the provisions of Sections 14 and 15 of Ordinance No. 2993, being Sections 5-214 and 5-215 of the Revised Ordinances 1925. (~2, Ord. 3542, 6-9-28). 5-218. Construction; Alteration; Fire Limits. That no building hereafter erected or constructed and no building which may be hereafter altered or enlarged, within the fire limits of the City of Salina as the same are now or as they may be hereafter defined, when such building as erected, constructed, altered or enlarged shall be three stories or more in height, shall be used for hotel, rooming house or apartment house purposes, unless all exterior walls, and all floors, and all required fire walls shall be of fire proof construction. (~1, Ord. 3590, 8-11-28). 5-219. Permit. No building permit shall be is- sued by the Building Inspector for any building men- tioned in Section 1 of this ordinance or for the alter- ation or enlargement thereof, except such as shall comply with the provisions of said Section 1. (~2, Ord. 3590, 8-11-28). . 5-221. Fire walls; parapets; bearing walls. The division or party walls over one story high shall ex- tend the full thickness of the top story to at least two feet above the roof surfacing of a building, as a parapet, and shall be properly coped, extending gutters or crown mouldings and excepting also the walls of detached private dwellings with peaked or hipped roofs. The parapet walls of ware houses and manufacturing or commercial buildings shall ex- tend 3 feet above the roof. Fire walls shall be con- tinued from the foundation to three feet above the roof level and coped. Hollow blocks of terra cotta, when used for bearing walls, shall have not more than 50 per cent cellular space. Portland Cement only shall be used in the manufacture of concrete blocks. The coarse aggregate shall be suitable material graded in size but in no case shall the mini- mum dimension exceed 1/2 of the minimum width of any section of the finished block. Concrete shall not be used until it has attained the age of 28 days, or developed the strength required in this section. All building blocks shall be laid in Portland Cement mortar. The compressive strength of building blocks shall in all cases be calculated upon the gross area of bedding faces, no account being taken of the cel- lular spaces. The average ultimate compression strength of terra cotta blocks laid with cells vertical shall not be less than 1200 pounds per square inch. The average of concrete blocks laid with cells vertical shall be not less than 800 pounds per square inch. Concrete blocks shall be not more than 36 days old when tested. The average strength of the blocks as Ch. 5; Art;, 2 20 BUILDING CODES-Regulations, etc. herein given, shall be obtained by testing ten blocks of average quality. The allowable working stress of hollow building blocks shall not exceed 100 tb s. per square inch of gross area for terra cotta blocks or 75 pounds per square inch of gross area for concrete blocks. If the wall be built of blocks with the cells horizontal, the allowable working stress shall not ex- ceed 30 pounds per square inch of gross area. All walls and partitions in schools, hospitals and places of public assemblage over one story high, and all walls and partitions in theaters shall hereafter be built of brick, stone, hollow or solid blocks, or metal lath and Portland Cement plaster on metal studding or equivalent incombustible material. (~16, Ord. 2993, 6-7-24). (Note See ~13-410 G. S. 1935). 5-222. Composition roofs; approval of Building Inspector. Roofs, the slope of which is not more than 3 inches per foot horizontal, and the covering of which is made of a composition of felt and gravel, shall be considered incombustible under the provi- sions of this ordinance and may be used upon build- ings of all classes. Other forms of composition roof shall be permitted if expressly approved as an incombustible material by the Building Inspector. (~17, Ord. 2993, 6-7-24). (Note: See ~5-203 infra). 5-223. Hollow Building Block Walls. Hollow building blocks of hard burned clay or of concrete may be used for all walls, except party and fire walls, of buildings not exceeding three stories or 40 feet in height. The minimum thickness of such walls shall be as required for brick walls. Concrete blocks shall not be used in construction until they have attained an age of 28 days, nor until they have developed the required test strength. All building blocks shall be laid in Portland cement mortar. Hollow building tile blocks in exterior walls shall be either extra hard burned or be veneered with brick, architectural terra cotta, or stone, securely bonded or the blocks shall be covered on the exposed surface with at least 3/4 inch of Portland cement stucco; such blocks shall be well scored, grooved or roughened to retain the coating. The stucco shall not be considered as a part of the required thickness of the wall. Except for party or fire walls, hard burned hollow tile blocks may be used for walls of skeleton con- struction having a height not exceeding four stories or 55 feet. The thickness shall be the same as re- quired for brick walls. Hollow tile blocks faced with brick bonded to the backing with a row of headers every 16 inches or attached to the backing with approveo. metal .wall ties iinbedded-in the mortar' joints spaced not further apart ori 'centers than one foot vertically or 2 feet horizontally may be used for walls of skeleton con- struction to a height of 10 stories or 125 feet. (~18, Ord. 2993, 6-7-24; Amd. ~2, Ord. 3623, 12-12-28). 5-224; Beam ends separated; staggering; corbel- ing. The ends of all floor, ceiling, or roof beams entering a party or fire wall from opposite sides, shall be separated by at least 7 inches of solid ma- sonry. Such separations may be obtained by cor- beling the wall or staggering the beams, or the beams may be supported by steel hangers, but no walls shall be corbeled more than 2 inches for this purpose. The ends of all wooden beams shall be cut to a bevel to make them self-releasing. (~19, Ord. 2.993, 6-7-24). 5-225. Wall Openings. No opening in an interior masonry wall shall exceed 8 x 10 feet. If the open- ing be in a party or fire wall it shall have a standard automatic fire door on each side of the wall. If an opening in a fire wall is made to serve as an emerg- ency exit, it shall not exceed 48 square feet in area and a self-closing fire door shall be substituted for one of the automatic fire doors. Total opening in the fire wall shall not exceed 25 per cent of lineal length of the wall. Every building within the fire limits except churches and dwellings, shall have stan- dard fire doors, shutters or wire glass with incom- bustible frames and sash on every exterior opening above the first floor except when fronting on a street not less than 50 feet wide, or where no other building is within 50 feet of such opening. The walls of a building in the same plane as that in which the open- ing is situated, shall not be considered as coming within the intent of this rule. All openings in the side and real walls of the first story, excepting show windows, shall be protected as prescribed in this section when within 50 feet of some other landing. (~20, Ord. 2993, 6-7-24; Amd. ~3, Ord. 3623, 12-12-28) 5-226. Buildings over 3 stories; business or as- semblage over 1st floor, stair shafts, door openings, elevator shafts. All buildings hereafter erected, which are used above the first floor for business purposes or for public assemblage, or for whatever purpose if over 3 stories high, except private dwell- ings, shall have their stair shafts continuously en- closed by incombustible partitions. Shafts in all buildings hereafter erected shall be enclosed in the same manner. The partition shall be constructed of brick or other fire resisting material approved by the Building Inspector. No hall petitions shall be . . . Ch. 5, Art. 2 BUILDING CODES-Regulations, etc. 21 less than 6 inches thick, no brick partitions less than 8 inches thick and no other partitions less than 4 inches thick. Except as herein stated, the stairs, elevator or hoist way shaft in all existing buildings over 3 stories high, or the class described in this section shall be separately enclosed by approved hollow or solid partition blocks not less than 3 inches thick, set in Portland Cement mortar, or by 2-inch solid metal lath and Portland Cement plaster parti- tion. The metal frame work of such partitions shall be securely fastened to both floors and ceiling. All lath used for such partitions shall be galvanized steel weighing not less than 54 ounces per square yard. Wire lath shall not be less than No. 20 gauge and sheet metal lath not less than 24 gauge. All such partitions erected in existing buildings shall be fire stopped with incombustible material, the full depth of all floor beams at each floor level. All door openings in stair and elevator enclosures shall be protected by fire doors mounted with wrought iron or steel hardware and shall be securely attach- ed to the walls or partitions or to substantial incom- bustible frames anchored thereto. If glass panels be used in such doors they shall be of wire glass not exceeding 720 square inches in area. Interior shaft windows shall not be permitted. Doors opening into stairway shafts shall swing in the direction of exit travel, shall be self closing and shall be at least 36 inches wide. The enclosure walls for all elevator shafts shall extend 3 feet above the roof and at least 3/4 of the area shall be covered with a sky light con- structed as specified in Section 23. If, in the opinion of the Inspector, it is necessary to preserve an open elevator or hoist way in existing buildings, the floor openings through which they pass shall be equipped with automatic closing trap doors, not less than 1 1/2 inches thick, made of two thicknesses of match boards covered on the under side with tin; the trap doors when closed shall extend beyond the opening on all sides. Such trap doors shall be protected by suitable guard or gate which shall be kept closed at all times except when in use. (~21, Ord. 2993, 6-7-24). 5.227. Sky lights. The skylight on the roof of every building erected within the fire limits shall have its sides, sashes and frames constructed of metal or of metalclad wood on all exterior surfaces. Such sky lights shall be covered by a strong wire netting with mesh not more than 1 1/2 inches square placed not less than 6 inches above the glass, sup- ported on uprights of incombustible material unless wired glass is used. (~22, Ord. 2993, 6-7-24) (See 5-203e) 5.228. Sky lights over stair or elevator shafts. Sky lights over stairways and elevator shafts shall be constl'ucted with incombustible frame and sash glazed with wired glass when a stairway, elevator or dumb waiter shaft extends through a roof and is covered by such a skylight. Instead of a skylight, u window may be placed in the side of the shaft above the roof, which is fartherest removed from the prop- erty line. The window shall have incombustible frame and sash and be glazed with wired glass. (S23, Ord. 2993, 6-7-24). 5-229. 1<']001' openings; wire; glass. Except in dwellings all openings hereafter made in floors for the transmission of light to the floor below shall be covered with glass set in metal frames and bars. The glass shall be not less than 3/4 inch thick and if any glass measures more than 16 square inches, there shall be rigid wire mesh either in the glass or under it. (s24, Ord. 2993, 6-7-24). 5-230. Light, vent, or dumb waiter shafts. In every building hereafter erected and altered, except frame building, all walls or partitions, forming in- terior light or vent shafts shall be built in accord- ance with the requirements for stair and elevator shafts in new buildings as specified in Section 23. The walls of dumb waiter shafts, except those in dwelling, which extend only one story above the basement or cellar, shall be of fire resisting con- struction and shall be not less than 3 inches thick if constructed of brick, hollow or solid partition blocks, or steel studding and metal lath with 3/4 inch Portland Cement plaster on each side or 2-inch solid metal lath or Portland Cement plaster will be per- mitted if securely anchored at each floor. The ma- terial and method of construction to be as specified for stair and elevator shafts in existing buildings in Section 21. In frame buildings outside of the fire limits the enclosure partitions of all such shafts may be constructed as provided in Section 21 for stair and elevator shafts in existing buildings. When a dumb waiter shaft does not extend to the roof the top of the shaft shall be of fire resisting construction of the same thickness as the walls of the shaft. All openings in the dumb waiter shafts shall be pro- tected by fire doors mounted in incombustible frames and securely anchored to the walls. The walls of all light and vent shafts hereafter erected shall ex- tend not less than 3 feet above the roof level, except that when a shaft is covered by an incombustible ventilating skylight the walls need not extend more than 2 feet above the roof. Masonry walls shall be properly coped. When metal louvres are used for ventilating purposes the louvres or slats shall be riveted to the metal frame. (~25, Ord. 2993,6-7-24). 22 BUILDING CODES-Regulations, etc. Ch. 5, Art. 2 5"231. ,Openings in roofs~ All'operungs in roofs Ihelieaftererected.ol"altered,shall exceed. four stories for admission of light or air other than those Pi.o-I or 55 feet 'in height, unless it be, of fireproof con- vided for in previous sections shall have incombusti- \ struction when it shall not exceed ten stories or 125 ble frames and sash, glazed with wire glass. (~26, I feet. ' .' . Ord. 2993, 6-7-24). ' The floor area between fire walls of non-fireproof buildings, except frame, shall not exceed the follow- ing: When fronting on one street, 6,000 square feet; when fronting on two streets, 7,500 square feet; and when fronting on three streets, 9,000 square feet. These area limits may be increased under the fol- lowing conditions as indicated. For non-fireproof buildings, fully equipped with approved automatic sprinklers, 66 2/30/0. For fireproof buildings, not exceeding 125 feet in height 50%. For fireproof buildings, not exceeding 125 feet in height, fully equipped with automatic sprinklers, 100'10. (~30, Ord. 2993, 6-7-24; Amd. ~4, Ord 3623, Amd. ~1, Ord. 3673, 3-2-29). 5-232. }<'loor area; exits, width of stairways. '.i:ne term, hFloor Area" as used in this sectioll, shall mean the entire floor space between exterior walls and fire walls. in every building hereafter erected, except in private dwellings, each fioor area above the first shall be provided with at least 2 meallS of egress remote from each other, one of which shall be enclosed stairway or a door in a fire wall leading to another floor separately provided with adequate stairs or other independent means of exit. Such doorways serving as an emergency exit in a fire wall shall be protected by an automatic self closing fire door as specified in Section 20. No portion of any floor area shall be more than 100 feet from a place of egress. Elevators shall not be considered as a means of egress as specified in this section. Except in dwellings, no required stairway shall be less than 44 inches wide, and a total width of exit doorway leading therefrom shall be at least equal to the total width of the stairway which it serves. The total width of stairways, interior and exterior, provided for the occupancy of each floor and those above, shall not be less than 44 inches for each 50 persons and 12 inches for each additional 50 persons to be accom- modated thereby. The stair treads shall be not less than 9 1/2 inches wide and the risers not more than 7 3/4 inches high. Windows in such stairways are prohibited. (~27, Ord. 2993, 6-7-24). 5-233. Theatres, stand pipes. In every room used for the purposes of theaters or moving pictures and having a seating capacity of 250 or more, and where scenery is used, a standpipe with hose connection and hose shall be installed on each side of the stage under the direction of the Fire Chief. (~28, Ord 2993, 6-7-24). 5-234. Area ways. All area ways shall be guard- ed with suitable railings, or protected by incombus- tible covers or gratings. If gratings be used they shall have a wire screen of not more than 1/2 inch mesh securely attached to the under side. (~29, Ord. 2993, 6-7-24). 5-235. Limits of Heights and Area. That except as specified in Section 30 of Ordinance 2993, Section 5-203, Revised Ordinances 1925, no building hereafter erected within the corporate limits, having walls of hollow building tile or concrete blocks, shall exceed three stories, or 40 feet in height; and no building 5-236. Fire Stops. At each floor level in all buildings hereafter erected, all stud walls, partitions, furrings and spaces between joists where they rest on division walls or partitions, shall be fires topped with incombustible material in a manner to com- pletely cut off communication by fire through con- cealed spaces. Such fire-stopping shall extend the full depth of the joists, and at least 4 inches above each floor level. Stair carriages shall be fire-stopped at least once in the middle portion of each run. (~5, Ord. 3623, 11-26-28). 5-237. Frame Construction Defined. A building having the exterior walls or portions thereof of wood; also a building with wooden framework ve- neered with brick, stone, terra cotta, or concrete; or covered with plaster, stucco or sheet metal, shall be classed as a frame building. (~6, Ord. 3623, 11-26-28) 5-238. Hot Air Pipes and Registers. All heater pipes from hot air furnaces where passing through combustible partitions or floors, shall be doubled tin pipes with at least 1/2 inch air space between them. Horizontal hot air pipes leading from furnace shall be not less than 6 inches from any woodwork, unless the woodwork be covered with loose-fitting tin, or the pipe be covered with at least 1/2 inch of corru- gated asbestos, in which latter cases the distance from the woodwork may be reduced to not less than 3 inches. No hot air pipe shall be placed in a wooden stud partition or any wooden enclosure unless at least 5 feet distance horizontally from the furnace. Hot- air pipes contained in combustible partitions shaH . Ch.5, Art. 2 BUILDING CODES-Regulations, etc. . be placed inside another pipe arranged to maintain 5/16 inch air space between the two on all sides, or be securely covered with 3/8 inch of corrugated as- bestos. Neither the outer pipe nor the covering shall be within 3/8 inch of wooden studding, and no wood- en lath shall be used to cover the portion of the partition in which the hot air pipe is located. Hot air pipes in closets shall be double with a Space of at least I-inch between them on all sides. Every hot air furnace shall have at least one regis- ter without valve or louvres. A register located over a brick furnace shall be supported by a brick shaft built up from the cover of the hot-air chamber; said shaft shall be lined with a metal pipe, and no woodwork shall be within 3 inches of the outer face of the shaft. A register box placed in the floor over a portable furnace shall have an open space around it of not less than 4 inches on all sides and be supported by an incombustible border. Hot air registers placed in any woodwork or combustible floors shall be sur- rounded with borders of incombustible material, not less than 2 inches wide, securely set in place. The register boxes shall be of metal, and be dou- ble; the distance betwen the two shall be not less than one inch; or they may be single if covered with asbestos not less than 1/8 inch in thickness, and if all woodwork within 2 inches be covered with metal. Cold-air ducts for hot-air furnaces shall be made of incombustible material. (~7, Ord.3623, 11-26-28). 5-239. Stoves and Ranges. No kitchen stove or range in any building shall be placed less than 3 feet from any woodwork or wooden lath and plas- ter partition, unless the woodwork or partition is properly protected by metal shields; in which case the distance shall not be less than 18 inches. Metal shields shall be loosely attached, thus preserving an air space behind them. Hotel and restaurant ranges shall be provided with a metal hood, placed at least 9 inches below any wooden lath and plaster or wooden ceiling, and have an individual pipe outlet connected to a good brick flue. The pipe shall be protected by at least one inch of asbestos covering, or its equivalent. Combustible floors under coal ranges and similar appliances without legs, in which hot fires are main- tained, shall rest upon 6-inch foundations built of incombustible materials supported within the thick- ness of the floor framing. Such hearths shall extend at least 24 inches in front and 12 inches on the sides and back of the range or similar heating appliances. All coal stoves or ranges, with legs, shall be set . on incombustible material which shall extend at least 12 inches in front. (~8, Ord. 3623, 11-26-28). 5-240. Heating I<'urnaces and Appliances. Any woodwork, wooden lath and plaster partition or ceiling within 4 feet of the sides or back or 6 feet from front of any heating boiler, furnace, bakery oven, coffee roaster, fire-heated candy kettle, laun- dry stove or other similar appliance, shall be covered with metal to a height of at least 4 feet above the floor. This covering shall extend the full length of the boiler, furnace, 01' heating appliance, and at least 5 feet in front of it. Metal shields shall be loosely attached, thus preserving an air space behind them. In no case shall such combustible construc- ion be permitted within 2 feet of the sides or back of the heatin2' appliances, or 5 feet in front of same. No furnace, boiler, range or other heating appli- ance, shall be placed against a wall furred with wood. Heating boilers shall be encased on sides and top by an incombustible protective covering not less than 1 1/2 inches thick. (~10, Ord. 3623, 11-26-28). 5-241. Penalty. That Section 55 of Ordinance No. 2993 being Section 5-255 Revised Ordinances 1925 shall apply in all respects to all of the provisions of this ordinance to the same extent and with the same effect as if all of the provisions of this ordin- ance had been incorporated in said Ordinance 2993 and any person or corporation or any officer, manag- er, agent, or member of any corporation, partner- ship or person who shall violate, neglect, or refuse to comply with, or who resist or oppose enforcement of any provision of this ordinance shall be punished as provided in said Section 55. (~11, Ord. 3623, 11- 26-28). 5-242. Canopies or marquees. It shall be unlaw- ful to erect or construct any canopy or marquees at- tached to a building or structure without first sub- mitting plans for same and also of the part of the building or other structure to which the same is to be attached, to the Building Inspector for his ap- proval. No permit shall be issued unless the plans for such canopy or marquees shall be approved by the Building Inspector. The owner or agent shall pay to the Building Inspector a fee of $2 for said permit. No canopy or marquees which projects over any sidewalk or other public place shall, at any time, be enclosed by canvas or other cloth or material in whole or in part so as to obstruct free passage underneath same; and shall be at least 8 feet from the sidewalk to the lowest part of same. (~31, Ord. 2993, 6-7-24). 23 24 BUILDING CODES-Regulations, etc. Ch. 5, Art. 2 5.243. Awnings; distance above sidewalk. AU'\ walks, at a point where the new stories commence, rolling, folding or otherwise movable awnings at" I a scaffold not less than 6 feet wide, which sliall form tached to any building or structure and projecting I a covering over the sidewalk composed of framework over any sidewalk or other public place shall be so i of stringers and supports covered by 2 layers of 2- constructed and attached to such building or struc- ' inch plank. Such framework and covering shall be ture to meet the approval of the Building Inspec- of such construction and design as shall be satis- tor. All such awnings, when extended over such factory to the Building Inspector. Such roof shall sidewalk or public space, shall have a clear unob- be maintained as long as material is being used or structed distance of 6 feet, 6 inches from the side- handled on such front above the level of the side- walk to the lowest part of such awning. (~32, Ord. walk. Temporary sidewalks, their railings, ap- 2993, 6-7-24). proaches and roofs over same shall be made with regard to ease of approach, strength and safety to the satisfaction of the Building Inspector. (~35, Ord. 2993, 6-7-24). 5-244. Signs or awnings, canopies, etc. No mar- quees, canopy or awning shall have attached thereto any placards, streamers or other advertising de- vices of any kind, except such as may be planned thereon or made a permanent part thereof, and except that no marquees or canopy shall have at- tached thereto any illuminated or other signs unless of a permanent nature and well anchored; and in no case shall signs extend more than 2 feet above the roof of such marquees or canopy. (~33, Ord. 2993, 6-7-24). 5-245. Streets, portion occupied during construc- tion; permit; sidewalks open. The extent of occupa- tion of sidewalk and street to be covered by the terms of a permit for street obstruction or building shall be as follows: Such permit shall not authorize the occupation of any sidewalk or street or part thereof other than that immediately in front of the lot or lots upon which any building is in the process of erection and in relation to which such permit is issued. During the progress of building operations, a sidewalk not less than 4 feet wide, shall be at all times kept open and unobstructed for the purpose of passage in front of such lot or lots. Such side- walk shall, if there are excavations on either side of same be protected by substantial railings which shall be built and maintained thereon so long as ex- cavations continue to exist. It is not intended here- by to prohibit the delivery of material across such sidewalk from the curb line to the building side. (~34, Ord. 2993, 6-7-24). 5-246. Scaffolds over sidewalks during construc- tion. When buildings are erected at a height great- er than 4 stories and such buildings are near the street line, there shall be built over the adjoining sidewalk a roof having framework composed of sup- ports and stringers of 2 by 12 timbers not more than 4 feet from center to center, covered by 2 layers of 2-inch plank. When additional stories are added to an existing building and such building is located near the street line, there shall be built over side- 5-247. Street for storing building material. The occupation of a street for storage of building ma- terial for any building or for temporary sidewalks shall never exceed 113 of the width of the roadway of same and in no event shall any material be stored or placed within 4 feet of any steam or street rail- way track and in all cases where such obstruction of a street is made there shall be a clear space of not less than 1 foot between the obstruction and curb line. (~36, Ord. 2993, 6-7-24). 5-248. Derricks on sidewalks or streets. For all buildings more than 4 stories high, the use of der- ricks upon sidewalks or streets is prohibited. In no case shall the guy lines be less than 15 feet above the roadbed. (~37, Ord. 2993, 6-7-24). 5-249. Occupying streets; red lanterns. The per- mission to occupy streets and sidewalks for the pur- pose of building is intended only for use in connec- tion with actual erection, repair, alteration or re- moval of buildings and shall tel'minaLe with the completion of such operation. It shall be unlawful to occupy any sidewalk or street after the completion of the operation for which a permit has been issued by the Building Inspector. It shall also be unlawful to occupy a sidewalk or street, under authOl'ity of such permit, for the storage of articles not intended for immediate use in connection with the operation for which such permit has been issued. Red lanterns shall be displayed and maintained during the whole of every night at each end of every pile of material in any street or alley and at each end of every ex- cavation. (~38, Ord. 2993, 6-7-24). 5-250. Storage of gasoline, etc., within 180 feet of school. It shall be unlawful for any person, firm or corporation to build, construct, locate or maintain in the same block with any public or parochial school, public park or public playground, or across any street . Ch. 5, Art. 2 BTJILDING CODES-:R.i'ulatiQn~, etc. . from and directly oPPollite to any l,llQCk in which is located any ~uch school, park or playground, any tank or other receptacle, or gasoline filling lItation, or any gasoline pump, for the purpose of storing or dispensing at wholesale or retail any gasoline, oils, or other inflammable liquids or explosives; provided, however, that where in the opinion of the Board of Commissioners it will not be detrimental to the best interests of the city, and such location is ap- proved by the Board of Education of such city, the Board of Commissioners may grant permission for the location of a filling station with the necessary appurtenances thereto across the street from and opposite to a block in which any such school, park or playground is located, if such location is not in a block directly opposite to that portion of any block on which the grounds of any such school, park or playground is situated, and if no part of the grounds occupied by such filling station lies within 180 feet of any part of the grounds of any such school, park or playground. (~39, Ord 2993, 6-7-24; Amd. ~1, Ord. 3639, 12-26-28; Amd. ~1, Ord. 3811, 11-23-29). 5-251. Chimneys; flues; fireplaces-Regulations. All chimneys, flues and fireplaces hereafter built or rebuilt in all public or private buildings in the City of Salina, Kansas, shall conform to all provisions and requirements of this ordinance. (~1, Ord. 2636, 12- 12-28). 5-252. Same-Prohibited-When. If any chimney, flue or fireplace is, or shall be of such construction or in such condition as to be liable to set a fire, the use of such chimney, flue or fireplace for firing purposes, is and shall be prohibited. (~2, Ord. 3623, 12-12-28). 5.253. Same--Construction. Except as herein pro- vided, all chimneys in every building hereafter erect- ed and all chimneys hereafter rebuilt, regardless of the kind of fuel used, shall be built of brick, con- crete or stone and shall be lined continuously from the bottom to its extreme height with fire-clay flue lining or with fire brick. Chimneys built of brick or concrete shall have walls at least four inches thick and if built of stone the walls shall be at least eight inches thick. Brick set on edge shall not be permitted in chimney construction. Chimneys built of concrete shall be reinforced vertically and hori- zontally to avoid cracking. (~3, Ord. 3623, 12-12-28). 5-254. Same--Wood prohibited. Chimneys shall not rest upon or be carried by wooden floors, beams or brackets, or be hung from wooden rafters. Iron brackets or stirrups attached to wooden construction shall not be used to support chimneys. In frame e l,luildings, chimney, shall b. built from the ground up, Qr re~t on ball.m9nt walls. (~4, Qrd. 3623, 12- 12-28). 5.255. Wall support. No wall less than 12 inches thick shall be used to support a corbeled chimney and such corbeling shall not project more than 6 inches from the wall and shall consist of at least five courses of brick. (~5, Ord 3623, 12-12-28). 5-256. Extension above roof; mortar. All chima neys shall be built as nearly vertical as possible and shall extend at least 3 feet above flat roofs and 2 feet above the ridges of peak roofs. Portland cement mortar only shall be used in the construction of chimneys, except where fire brick is used for lining, when fire-clay mortar shall be used. (~6. Ord. 3623, 12-12-28). 5-257. Metal stacks. Metal smokestacks may be permitted for boilers, furnaces and similar appara- tus, provided they have a clearance from all com- bustible material of not less than one-half the diam- eter of the stack, but in any case not less than 9 inches. Where such stack passes through a roof, it shall be guarded by a galvanized thimble extending from at least 9 inches below the underside of the ceil- ing or roof beams to at least 9 inches above the roof, and the diameter of the ventilating thimble shall be not less than 36 inches greater than that of the smokestack. Metal smokestacks shall be permitted to pass through floors. (~7, Ord 3623, 12-12-28). 5-258. Fireback-Grates. The fireback of every fireplace hereafter erected shall be not less than 8 inches in thickness of solid brickwork, or not less than 12 inches of stone lined with fire brick. When a grate is set in a fireplace a lining of fire brick at least 2 inches in thickness shall be added to the fire back, or a lining of soapstone, tile, or cast iron may be used, if solidly packed with brick or con- crete. (~8. Ord. 3623, 12-12-28). 5.259. Woodbeams near chimneys. No wooden beams or joists shall be placed within 2 inches of the outside face of a chimney or flue, whether the same be for smoke, air, or any other purpose. No woodwork shall be within 8 inches of the back wall or any fireplace. All spaces between the chimney and the wooden beams shall be solidly filled with mortar, mineral wool, or other incombustible material. The header beam, carrying the tail beams of a floor, and supporting the trimmer arch in front of a fireplace, shall be not less than 20 inches from the chimney breast. 25 26 BUILDING _ CODE~-Re~ulations, etc. Ch. 5, Art. 2 . No .wooden- .furririg <3r studding shall be- placed I hereaftel' el'ected, - in which a :tempei:at\ll'eof 125 against. any chimney: the plasteringshaU-be directly degrees F.-or over may. exist. -If-the temperature on the masonry, or on metal lathing. is Ulldel'-125 degrees F. the dry_room may be con- Woodwork fastene\l to plaster whtch is against the stl-ucted of wood, but it shall- be lined throughout masonry of _a ~himney shall hAve a layer of asbestos with 1/8 inch asbestos, covered with -sheet metal. If !>oard at least 1/8 inch thick placed between the windows are placed in walls or ceilings of dry rooms woodwork and the plaster. (~9, Ord. 3623, 12-12-28) they l:lhall be of incombustible frames and set with 5-260. Smoke pipe regulations. No smoke pipe wired glass. (945, Ord. 2993, 6-7-24). shall be within 9 inches of any woodwork, or any wooden lath and plaster partitions, or ceilings. Where smoke pipes pass through a wooden lath and plaster partition, they shall be guarded by gal- vanized iron ventilated thimbles at least 12 inches larger in diameter than the pipes, or by galvanized iron thimbles builtin at least 8 inches of brick work or other incombustible material. No smoke pipe shall pass through any floor, or combustible roof of any building. (910, Ord. 3623, 12-12-28). 5.261. Building Inspector: Fire Chief Inspection: may condemn. The Building Inspector and the Chief of the Fire Department or their duly authorized as- sistants shall have concurrent authority to enforce or cause to be enforced the requirements and pro- visions of this ordinance. It shall be their duty to inspect all new and rebuilt chimneys and for that purpose they shall have the right to enter any build- ing during reasonable hours. They shall have the power and authority to condemn any and all chim- neys which in their opinion are an unsafe or danger- ous condition or the construction of which does not comply with the requirements and provisions of this ordinance and shall order such chimneys as he may condemn to be repaired, rebuilt or torn down, and such order shall be complied with within ten days and the use of the same shall be immediately dis- continued. (~11, Ord. 3623, 12-12-28). 5-262. Violation: Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than five dollars ($5) nor more than twenty-five ($25) dollars for each offense. Each day that any of the provisions of this ordinance shall be violated shall constitute a separate offense. (!l12, Ord. 3623, 12-12-28). 5-263. Rat proof. All buildings hereafter erected or altered shall be made rat proof as far as practic- able to prevent the harboring and breeding of rats. (!i44, Ord. 2993, 6-7-24). 5-264. Dry rooms. No combustible material shall be permitted in the construction of any dry room 5-265. Gas, gasoline, etc., stoves. All gas, gaso- line, oil or charcoal burning stoves or heating devices shall be placed on iron stands at least 6 inches above combustible SUPP01'ts unless the burners are at least 5 inches above the base with metal guard plates 4 inches below the burner. No open flame heating 01' lighting device shall be used in any room where gasoline or other volatile inflammable materials are stored or handled. (946, Ord 2993, 6-7-24). 5-266. Gas connections: rubber tubing. Gas con- nections to stoves and similar heating devices shall oe made by rigid metal pipes. For small portable heating devices flexible steel or rubber tubing may oe used when there is no valve or shutoff on the de- vice. (947, Ord. 2993, 6-7-24). 5-267. Vent flues or ducts. Vent flues or ducts for the removal of all foul or vitiated air in which the temperature of the air cannot exceed that of the room shall be constructed of metal or other incom- bustible material and no such flues shall be used for any other purpose. (!l48, Ord. 2993, 6-7-24). 5-268. Building designed to carry load. All parts of every building shall be designed to safely carry the load to be imposed thereon and shall, in all re- spects, conform to good engineering practice. (!i49, Ord. 2993, 6-7-24). 5-269. Building Inspector; powers. The Building Inspector is empowered to enter any building or structure or premises, whether complete in the pro- cess of erection for the purpose of determining whether the same has been or is being constructed and maintained in accordance with the provisions of this chapter, and it shall be unlawful to exclude him from any such building, structure or premises. If, at any time, the Building Inspector shall find that any part of any such building has been or is being constructed in violation of the terms of this ordinance, or any other ordinance of the City of Salina, then such Building Inspector may require that any such work be corrected in order to comply with this ordinance, or if such correction cannot be made, then the defective or insufficient part of said work shall be torn out, and after any such work has . Ch. 5, Art. 2 BUILDING CODES-Regulations, etc. been condemned by the Building Inspector the con- struction of such building shall not continue until such defective work is corrected or rebuilt. (~50, Ord. 2993, 6-7-24). 5-270. Inspector; enforce ordinances. The Build- ing Inspector is hereby authorized and empowered, and it shall be his duty, first to enforce all ordinances relating to the construction, equipment, management and conditions of all property within the City and second, to report monthly to the City Manager or City Commissioners regarding the conditions of the City and all matters pertaining to fire prevention. (~51, Ord. 2993, 6-7-24). . 5-271. Buildings unsafe; unsanitary; nuisance. Every building or structure constructed or maintain- ed in violation of this ordinance, or which is in an unsanitary condition or in an unsafe condition or dangerous condition, or which is, in any manner, dangerous to health or safety of any person or per- sons, is hereby declared to be a public nuisance. Every building or part thereof, which is in an un- sanitary condition, by reason of the basement or cellar being damp or wet, or by reason of the floor of such basement being covered with stagnant water or by reason of the presence of sewer gas, or by reason of any portion of a building being infected with disease or being unfit for human habitation, or which is a source of sickness, or which endangers public health in any manner, is hereby declared to be a public nuisance. (~52, Ord. 2993, 6-7-24). 5-272. Plans and specifications filed with Inspec- tor. . Whenever an application for a permit is made, the Building Inspector may, if he deems it necessary in order to determine whether the proposed construc- tion will comply with the provisions of this ordin- ance, require that the applicant for such permit file with said Building Inspector such plans, specifica- tions, drawings or written description of such pro- posed building as may have been prepared therefor, or if none have been prepared or if those which have been prepared are insufficient to enable the Building Inspector to determine whether or not the proposed building will comply with the terms of this ordin- ance, then the Building Inspector may require the . applicant to file plans, specifications, drawings or wl"itten descripti(m of such building or any part thel'eo! as may be necessal'y, which shall be suffi- cient to enable the Building Inspector to determine whether the building or any part there!,)f will com- ply with this ordinance and until the same are filed no permit shall be issued by the Building Inspector, provided, however, that the filing of such plans, specifications 01' written description and the approval thereof shall not in any way affect the rights and duties of the Building Inspector as herein otherwise defined. (953, Ord. 2993, 6-7-24). 5-273. Application for permit. Before any permit shall be granted, the applicant therefor shall file with the Building Inspector, on a form to be provided for such purpose, a written application containing such ,nformation relative to the proposed building as may be required by the Building Inspector and which shall state the proposed location, the estimate cost, the size, character and kind of construction and pro- posed use of such building, together with plans, specifications, drawings or a written description thereof as herein provided, when the same may be required by the Building Inspector. (~54, Ord. 2993, 6-7-24). 5-274. Violation of ordinance; penalty. Any per- son or corporation, or any officer, manager or agent or member of any corporation, partnership or per- son who shall violate, neglect or refuse to comply with, or who resists or opposes the enforcement of any of the provisions of this ordinance shall be deemec guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $200.00 for each offense and every such person or corporatioJr or any officer, manager, agent or member of any corporation, partnership or person shall be deemed guilty of a separate offense for every day on which such violation, neglect or refusal shall continue, and any builder or contractor who shall construct any building in violation of any of the pro- visions of this ordinance and any architect design- ing, drawing plans for, having charge of such build- ing or who shall permit it to be so constructed, shall be liable to the penalties herein provided. (~55, Ord. 2993, 6-7-24). 27 . . . Ch. 5, Art. 3 BUILDING CODES-Regulations, etc.; Electrical 29 ARTICLE 3.-Electrical Cod~. I and to all manholes and sub-ways, upon application to the company or individual owning or in charge or contI'ol of the same, and it shall be unlawful for any such owner or person in Charge thereof to refuse to permit or prevent the Electrical Inspector from entering any such building, manhol~ or sub-way. (~3, Ord. 3003, 7-16-24). 5-301. Electrical Inspector, Building Inspector ex. officio. That the office of Electrical Inspector in and for the City of Salina, Kansas, is hereby created and said office shall be tilled by appointment of the City Manager and confirmed by the Board of Commis- sioners and shall be paid such salary as may now or hereafter be fixed by the Board of Commissioners. Said Electrical Inspector shall be a competent elec- trician and well versed in the rules and requirements of the National Electrical Code. Before assuming authority conferred by this ordinance, the Electrical Inspector shall take oath usually administered to other City officials, and shall give a bond to the City of Salina of the penal sum of One Thousand Dollars ($1000.00), conditioned upon the faithful per- formance of his duties; provided, however, that the Building Inspector, if qualified, may at the direction of the City Manager be appointed as such Electrical Inspector, in which event however, said official shall receive no further or other salary or remuneration than that due him as said Building Inspector. (~1, Ord. 3003, 7-16-24). 5-302. Inspector's duty. The Electrical Inspector shall have general supervision over the placing and installation of all electric light, heat and power wires, fixtures, appliances, conductors, apparatus and their supports in and upon all buildings, shops, out- houses, sheds and other structures within the City of Salina in accordance with the provisions of the ordinances of the City governing the placement and installation of electrical wiring and appliances there- in. lt shall be the duty of said Electrical Inspector to inspect all electric light, heat and power wires, fixtures and appliances, conductors, apparatus and their supports placed in or upon any building within the City of Salina, regardless of whether such plac- ing or installation is done or made by persons, firms or corporations engaged in the business of electrical construction or by persons, firms or corporations engaged in other business, but doing their own elec- trical construction work through men in their own employ. (~2, Ord. 3003, 7-16-24). 5-303. Entering buildings. The said Electrical Inspector or competent assistant appointed by him shall have the right, during reasonable hours, to en- ter any building, manhole or subway in discharge of his official duties or for the purpose of making any test of the electrical apparatus or appliances therein contained, and for that purpose, shall be given prompt access to all buildings private or public, 5.304. Special decisions. The Electrical Inspector shall decide all questions not provided for in this ordinance pertaining to installation, operation or maintenance of electrical wiring and apparatus. (~4, Ord. 3003, 7-16-24). 5-305. III 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 electrical currents where the same shall interfere with the work of the Fire Depart- ment during the progress of a fire. (~5, Ord. 3003, 6-17-24). 5-306. License and bond. Before any person or persons, firm of corporation shall be granted a li- cense by the City Clerk to engage in the wiring business for the purpose of placing any wiring with- in or upon any building within the corporate limits of the City of Salina, he or they shall pay to the City Clerk a license fee of $25.00 per year, which license shall be good until the 31st day of December following the granting thereof and no longer, and shall execute a good and sufficient surety bond in the sum of Five Hundred Dollars ($500.00) the same to be approved by the Board of Commissioners, con- ditioned for the good and faithful performance of work done by him or them, upon or within any build- ing within the City, 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, and it shall be unlawful for any person, firm or cor- poration or agent thereof to engage in such business before securing such license and until the furnishing and approval of such bond; provided however, that if prior to the adoption of this ordinance any person, firm of corporation shall have secured or paid for a license under the provisions of Ordinance No. 2500, no new license shall be required hereunder until the expiration of such old license, and that at the ex- piration of such old license any renewal thereof shall be issued for a period from the date of such expira- tion to the 31st day of December next following the fee therefor to be pro-rated according to the length of time between such expiration and the December 31st thereafter. (~6. Ord. 3003, 6-17-24). 30 BUILDING CODES--Regulations, etc.; Electrical Ch. 5, Art. 3 5-397., Permits and fees. No corporation, co-part. nership, association or individual shall make any in- ll,~llation of wiring for the transmitting of electrical curr~nt for light, heat or power or make any changes or. additions to any wiring that has already been installed in or upon any building in the '13ity of Salina without the owner or electrical contractor or person doing such work first obtaining from the Electrical Inspector a permit covering such work. A complete record shall be kept by the lj:lectrical Inspector of all such. permits issued and he shall make Ii. thorough insp~ction of all work covered by such permits issued. 'Such inspections shall be made in accordance with the rules of the National Board of l!'ire Underwriters and ordinances of the City o{Salina that have been enacted or may hereafter be enacted and collect the following fees. from the electrical contractor, individual or property owner at the foliowing rates: For the first S outlets, 60c and 5c per outlet for the next 40 outlets and 2c per outlet for all additional. For finish inspections, 50c for the first 30 fixtul'es and 2c per fixture for each additional fixture over 30. Drop cords and recepta- cles counted as fixtures. Motors, 1 to 5 H. P., 50c; 7lh to 10 H. P., 75c; 15 to 20 H. P., $1.00; 25 H. P. and over $1.50. For new meter location, 25c each; for electric signs 75c for each 30 outlets or less and 25c for each thirty outlets or fraction thereof additional. Whenever current is turned on before the entire work covered by the permit is finished and approved, there shall be paid to the Inspector an additional in- spection fee of 50c for each subsequent inspection in addition to the regular fees above provided for. Upon final inspection and approval of any work and upon payment of all fees herein provided for, the Electrical Inspector shall furnish in duplicate, to the party to whom the permit was issued his certifi- cate showing such approval, one copy of which shall be furnished to the company furnishing the electric current before such current shall be turned on. All fees collected by and paid to the Electric In- spector or to any of his assistants or deputies shall be paid into the City Treasury and accounted for by the Electrical Inspector, and a duplicate report and accounting of all moneys collected by him shall be filed with the City Clerk and all moneys shall be paid into the City Treasury not later than the 10th day of the month following the month in which such col- lections were made. (~7, Ord. 3003, 6-17-24). issued to any person, firm or corporation unless and Ufltil such person, firm or corporation shall have se- cured and paid for a license as required. by Section Number Hof this ordinance and' unless and until all other' provisions and requIrements necessary to be dorie and performed, prior to the granting 01 any such license or permit shall have been fully com- plied with by the person, firm or corporation apply- ing for such permit. (~7a, Ord 3003; Amd. by ~1, Ord: 3046, 11-24-24). 5-308. Wire over streets. Every corporation, co- partnership, association' or individual owning or op- erating a line of wires over streets, alleys or build- ings in the City shall use only wires that are suit- able and strong; shall suitably and safely attach them to strong and sufficient supports and insulate them at all points of attachment; shall remove all wires abandoned for use; shall suitably insulate every wire where is enters a building and if such wire is other than wire designated to carry an elec- "rical light or power current, it shall be attached at suitable and convenient points in the circuits, calcu- lated to prevent danger from fire and near the place of entering the building an appliance calculated to prevent at all times a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or cause fire from entering by means of such wire beyond the point at which such appliance is attached. (~8, Ord. 3003, 7-16-24). 5-309. Code. The installation of electrical wiring and apparatus for the utilization of electrical cur- rent shall be made in accordance with the current issue of the National Electrical Code of the National Board of Fire Underwriters. (~9, Ord. 3003, 7-16-24) 5-310. Service entrance. Service wires must be in rigid iron conduit and must be brought in on the alley side of the building. (Where there is no alley or more than one alley the electrical Contractor must consult the electrical Inspector before the service is run) and such wires must not be brought out of the building over 30 feet from the ground. Service con- duits must be provided with an approved entrance fitting, having separate bushed holes of non-combus- tible material, service wires to be not less than No. 10 B & S gauge and terminate into an externally operated service switch, meter trim type with test clips or blades and necessary fuse for each circuit. (~10, Ord. 3003, 7-16-24). 5-307a. No permit until license secured and other 5-311. Service switches. Service switches within provisions complied with. No permit as provided for I the fire limits shall be three wire for three circuit in Section 7 of this ordinance shall be granted or I and larger installations. Outside the fire limits three . Ch. 5, Art. 3 BUILDING CODEs---"Regulations, etc.; Electrical wires for five circuits and larger installations. Three wire for apartment houses of three or .more apartments within the corporate -limits. In all in- stallations within the fire limits at -least one spare circuit must be provided.(~ll, 01'd. 3003, 7-16-24). 5-312. Panel box. Panel boxes shall be used on all installation of five circuits and larger. (~12, Ord. 3003, 7-16-24). 5-313. Garage wires. All wires running from house to garage or other out buildings shall be not less than No. 12 B & S gauge weatherproof wire supported on wood or iron brackets having glass or porcelain insulators. (U3, Ord. 3003, 6-17-24). 5-314. Meter location. Meters shall be located in iinished basements, at grade door, or in kitchen, or may be on back porch when properly protected from the weather. (~14, Ord. 3003, 6-17-24). 5-315. Low ceiling wires. When wires are run beneath the ceiling in kitchens or other rooms where the ceiling is not over eight feet the same shall be run in metal moulding or metal conduits. (~15, Ord. 3003, 6-17-24). . 5-316. Conduit or metal raceways. Approved me- tallic conduits shall be used for inclosing all electric light and power wiring in new buildings, the rewiring of old buildings and in any installation in old build- ings, or additions thereto located within the fire limits, also in churches, theaters and other places u:sed for public gatherings, garages designed for the occupancy of more than two cars, commercial houses, manufacturing plants of all descriptions and apart- ment houses designed for the occupancy of more than three families and all office buildings in the City of Salina. All wiring for electric power, electric ranges and rectifiers in whatever location shall be installed in metallic conduits. (U6, Ord. 3003, 6- 17-24). 5-317. Motor Switches. All circuits for operating motors above three H. P. and below 7% H. P. above 150 volts, shall be equipped with a safety starting switch inclosed in a metal cabinet externally operated and shall be equipped with two sets of cartridge fuses, one for starting and one for running, or ap- proved Thermal cut-outs. All circuits for operating motors above 5 H. P., capacity shall be equipped with a safety switch enclosed in a metallic cabinet ex- ternally operated, equipped with cartridge fuses and starting device approved by the Electrical Inspector. (~17, Ord. 3003, 6-17-24). . 5.318. Defective wiring. 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 appliances used therein are in dangerous or un- safe condition, so as to endanger life or property he shall notify in writing the person, firm or company owning, using or operating same, giving said per- son, firm or company a suitable 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 re- fusing within said time to make the necessary re- pairs or changes and to have necessary work com- pleted within the specified time, shall be deemed guilty of a violation of this ordinance. The Elec- trical Inspector shall then have authority to order the supplying company to discontinue electric ser- vice to said defective wires or appliances until such defects shall be repaired in accordance with the re- quirements of this ordinance. No corporation, co- partnership, association or individual or agent there- of, shall supply or cause to be supplied any electric current to conductors or apparatus which has been found by said Electrical Inspector to be in an unsafe condition or which has not been installed in con- formity with the provisions of this ordinance and from which the said Electrical Inspector has ordered the electric current to be turned off. (~18, Ord. 3003, 6-17-24). 5-319. Circuits. Not more than 12 openings or 660 watts shall be allowed on anyone circuit without special permission from the Electrical Inspector. (~19, Ord. 3003, 6-17-24). 5.320. Bath room lights. Bathroom lights here- after installed must be operated by wall or ceiling switches. (~20, Ord. 3003, 6-17-24). 5-321. Header boards. All light outlets in new work and when possible in old work shall have suit- able supports extending from joist to joist and board back of the main entrance switch, and extend above same to accommodate meter on plastered walls in all old work. (~21, Ord. 3003, 6-17-24). 5-322. Armoured cable. Armoured cable may be used on old house work and upon special permission from the Electrical Inspector. (~22, Ord. 3003,6-17- 24). 5-323. Receptacle openings. Where there are more than two receptable openings on a circuit, all 31 32 BUILDING CODES-Regulations, etc.; Electrical Ch. 0; Art. 3 i such receptacle openings shall be .put on a separate' 5.328. Alteration or changing. No alteration or circuit run through cellar fused.not over 15 amperes change shall be made in the electric wiring or ap- and run with No. 12 B & S gauge wire. (~23, Ord. paratus located within a building for use in con- 3003, 6-17-24). nec1;ion with the productiQn of electric light, heat or power, nor shall any apparatus be installed in any building therefor, nor shall any change be made in any wiring or apparatus after inspected without first notifying the Electrical Inspector. (~28, Ord. 3003, 6-17-24). 5.324. Setting meter. No person or company fur- nishing electrical power or current shall set meter or turn current on any new wiring or repaired or altered wiring before receiving an Inspection Certifi- cate from the Electrical Inspector certifying his ap- proval of such wiring. (~24, Ord. 3003, 6-17-24). 5-325. Size of wire and switch. The size of wire to be used for motors for 220 V-3 phase, shall be as follows: 1 H. P. or less No. 14 B & S Gauge Wire and 30 amp. switch. 2 H. P. or less No. 12 B & S Gauge Wire and 30 amp. switch. 3 to 5 H. P. No. 12 B & S Gauge Wire and 30 amp. switch. 7 H. P. No.8 B & S Gauge Wire and 60 amp. switch. 10 H. P. No.6 B & S Gauge Wire and 100 amp. switch. 15 H. P. No.4 B & S Gauge Wire and 100 amp. switch. 20 H. P. No.2 B & S Gauge Wire and 100 amp. switch. 25 H. P. No.1 B & S Gauge Wire and 200 amp. switch. (~25, Ord. 3003,6-17-24). 5-326. Wires interfering with firemen. No wire or wires shall be installed or operated or maintained over any street, alley, sidewalk or building in the City of Salina which shall be liable to seriously in- terfere with the work of the Fire Department in the use of ladder or other apparatus, or which shall obstruct or render hazardous the use of fire escapes, or which shall render any street, alley or sidewalk dangerous or hazardous to any person traveling thereupon and on complaint of the Fire Chief, said obstructing wires shall be removed or properly re- arranged. (~26, Ord. 3003, 6-17-24). 5-327. Concealed wiring. No corporation, co-part- nership, association or individual or agent thereof shall hereafter conceal or cause to be concealed any electrical wiring or apparatus mentioned in this or- dinance until after the same has been inspected and approved by the Electrical Inspector, and he is here- by authorized and directed to remove any flooring, lathing or plaster, sheet metal or other material which may conceal any electrical wiring or appara- tus contrary to the provisions of this ordinance. (~27, Ord. 3003, 6-17-24). 5.329. Inspections. Upon the completion of the installation of electrical wires and apparatus in any building for use in connection with electric light, heat or power it shall be the duty of the corpora- tion, co-partnership, association or individual doing the same to notify the Electrical Inspector or compe- tent al>sistant deputized by him who, shall, at once, inspect the same and if approved by him the Inspec- tor or deputy shall iSSUll a certificate of satisfactory inspection, which shall contain the date of inspection and outline on the results of such examination and shall post a notice to that effect at the main cutout center and said notice shall be considered as an ex- press permission to conceal said electrical wiring and apparatus, but no certificate shall be issued unless all apparatus, wires, etc., connected therewith are in strict conformity with the rules and regulations herein set forth, nor shall current be turned on any wiring or apparatus until a certificate of satisfactory inspection is issued. (~29, Ord. 3003, 6-17-24). 5-330. Release of responsibility. This ordinance shall not be construed to relieve or lessen the re- sponsibility of any corporation, co-partnership, as- sociation, individual or agent thereof, installing, operating or controlling any electrical wiring or ap- paratus for damages to anyone injured thereby, nor shall the City be held as assuming any liability by reason of the inspection authorized herein or certificates or permit pursuant to the provisions of this ordinance. (~30, Ord. 3003, 6-17-24). 5-331. Enforcement. It shall be the duty of the Electrical Inspector to enforce the provisions of this ordinance or any ordinance now in force or which may hereafter be adopted concerning electrical wir- ing or apparatus. (~31, Ord. 3003, 6-17-24). 5-332. Penalty; violation of Secs. 5-301 to 5-331. Any corporation, co-partnership, association or in- dividual or agent thereof found guilty of violating any of the provisions of this ordinance or neglecting or refusing to comply with any orders or notices of the Electrical Inspector, made pursuant to the pro- visions of this ordinance, shall be fined not less than . Ch. 0, Art. B BUILDING CODES-Regulations, etc.; Electrical 83 . Five Dollars ($5.00) nOl' more than Fifty Dollars ($50.00) and the costs of prosecution for each and every offense. (~32, Ord 3003, 6-17-24). 5-333. Rules governing back porch meters. The Electrical Ordinance permits the installation of elec- tric meters on the back porch where the installation is properly protected from the weather. Back porch installations are permissible only when one end of the porch is closed and the meter is set at least SIX feet from the open end. Where these conditions cannot be met, the meter installation must be enclosed in a protecting box which allows at least 6 inches clearance between the edge of the meter and the box on both sides and on top. (Rules of Dept.) 5-334. Radio interference prohibited. That it shall be unlawful for any person, firm, co-partnership, as- sociation, or corporation knowingly or wantonly to operate or cause to be operated, any wire or wires for carrying electric energy, or any machine, de- vice, apparatus, or instrument of any kind whatso- ever within the corporate limits of the City of Salina, Kansas, the operation of which shall cause reason- ably preventable electrical interference with radio reception, within said municipal limits; Provided, however, that x-ray pictures, examinations, or treat- ments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable in- terference with radio reception and are not negli- gently operated. (~1, Ord. 4605, 1-13-36). 5-335. Building Inspector; Police; right of inspec- tion. The building inspector of the City of Salina or any police officer of said city or any person de- signated by the governing body of such city for such purpose, shall have the right at any reasonable hour . to enter any place of business or other premises in the City of Salina for the purpose of inspecting or locating or attempting to locate any wires, machine, device, apparatus or instrument of any kind whatso- ever, which is or may be kept or operated on any such premises in violation of the provisions of this ordin- ance, and any person who shall prevent or attempt to prevent such building inspector or police officer or any person designated by the governing body of such city for such purpose, from entering any pI'e- mises in the City of Salina for such purpose shall be deemed guilty of a violation of this ordinance. (~2, Ord. 4605, 1-13-26). 5-336. Exemptions. That this ordinance shall not be held or construed to embrace or cover the regu- lation of any transmitting, broadcasting or receiving instrument, apparatus, or device used or useful in interstate commerce or the operation of which in- strument, apparatus, or device is licensed or au- thorized by or under the provisions of any act of the Congress of the United States. (S3, Ord. 4605, 1-13-36). 5-337. Violation; penalty. That every person, co-partnership, association, firm or corporation vio- lating or who shall cause, permit or direct the vio- lation of any of the provisions of this ordinance, or who shall permit to be kept or operated on any pre- mises in said City, under the control of, or in the possession of, any such person, co-partnership, as- sociation, firm or corporation any machine, device, apparatus or instrument, the operation of which is in violation of any of the provisions of this ordin- ance shall, upon conviction, be punished by a fine of not more than Twenty-five ($25.00) dollars. Each day during which such violation continues shall con- stitute a separate offense. (S4, Ord. 4605, 1-13-36). . . . Ch. 5, Art. 4 BUILDING CODES-Regulations, etc.; Plumbing Ordinance ARTICLE 4.-Plumbing Code. (Published in Book of Revised Ordinances, City of Salina, December 31, 1939) ORDINANCE NO. 4954 An Ordinance regulating the business of plumbing, drainage and ventilation of buildings and repealing Ordinance 2980 and Section 8 of Ordinance 3191 and Ordinance 3464 and all other ordinances or parts thereof in conflict with this ordinance, and providing a penalty for the violation of this ordinance. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: 5-401. Section 1. Definition: The words and phrases used in this ordinance shall, for the purpose of this ordinance, be construed as follows: The word "person" shall be construed and held to be any person or persons, partnership, corporation or any officer, agent, employee or servant of any corporation or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called. A Master Plumber is hereby defined as any person skilled in the planning, superintending and the practical installation of plumbing, and capable of passing the verbal, written or mechanical tests re- quired by the Board of Examiners. The word "employing plumber" shall be construed and held to be any person who employs Master plumbers or Journeyman plumbers for the purpose of doing a plumbing business, and if an employing plumber is not himself a Master plumber, he shall not engage in any plumbing business or receive any license or permit to do any plumbing work in the City of Salina unless he has in his employ a Master plumber holding a Master plumber's certificate duly issued as required by the ordinances of said city. A Journeyman Plumber is hereby defined as any person other than a Master Plumber, who as his principal occupation is engaged in the practical in- stallation of plumbing and is capable of passing the requirements of the Board of Examiners as a jour- neyman plumber. Plumbing is hereby defined to include the pipes, fixtures and appurtenances thereto which are used to connect the water, sewage and gas from the main or property line and to distribute it in or about any premises or building, for any use whatever, and all pipes and appurtenances used or to be used or con- veying sewage, liquids or water within, and outside of foundation walls of any building and connected with the public sewers or private septic tanks, cess pools, and all pipes and appurtenances used to venti- late the drains, fixtures and traps in Any building, So connected so that all pipes .and connections through which gases, vapors or waters of any kind may discharge into septic tanks and cess pools or public sewers. 5-402. Section 2. Inspector: The oifice of piumb- ing inspector for the City of Salina is hereby creat- ed, and he shall do and perform the duties of said Plumbing Inspector as prescribed in this ordinance. Until otherwise provided for, the Building Inspector of the City of Salina shall be ex-officio Plumbing Inspector. 5-403. Section 3. Fees for Inspection: The Plumbing Inspector shall collect an inspection fee of 50c for each fixture and water and sewer con- nection up to twelve and 25c for each fixture and connection over twelve, to be paid by the party re- quiring his services, which fees shall be paid direct to the Plumbing Inspector to be accounted for by him and paid to the City Clerk in the same manner as other fees collected by him as Inspector shall be accounted for and paid. No person or persons shall hereafter connect with the sewer system or water mains without first having received a certificate from said Inspector, approving said sewering and plumbing and accepting such connection. The said Inspector may condemn and disconnect any connec- tion with said sewer system or water main for any failure to comply with the provisions of this ordin- ance. The said Inspector, at any reasonable time, shall have free access to all premises using said sewer system for the purpose of examining any con- nections therein. 5-404. Section 4. Final Inspection: Final inspec- tion of plumbing must be made when all supply piping is installed and all fixtures and traps are placed and the entire job is completed. The Plumb- ing Inspector shall, for this final inspection, collect and pay over, an inspection fee of 50c for the first five fixtures and 10c for each additional fixture. When the plumbing in any building is completed, the plumber may secure for the owners of such building a certificate of inspection signed by the plumbing inspector, certifying that the plumbing work has been properly done and inspected and tested as re- quired by the provisions of these rules. It shall be the duty of the Plumbing Inspector to issue such cer- tificate or release slip if work is approved. 5-405. Section 5. Defective Plumbing. All house drains, waste, soil and vent pipes, traps and water pipes in any building or premises shall at all times be 35 36 BUILDING CODES-Regulations, etc.; Plumbing Ordinance Ch. 5, Art. 4 kept in good order and repair so that no gases or I ing plumber doing plumbing business in the City of odors shall escape therefrom and whenever the Salina, and this deposit shall be kept at all times at Plumbing Inspector shall find defects in any plumb- I $25.00. No license shall be issued to or bond accept- ing or drainage in violation of the requirements of I ed from any applicant until he has first complied with this or any ordinance of the City of Salina, he Shallj! all the provisions of Ordinance No. 4804 requiring order the same to be taken out or corrected and examination and certificate, or any amendment there- made to conform thereto. I to. 5-406. Section 6. Application for Permit: It I 5-409. Section 9. Connections: All service pipes shall be unlawful for any person to make or cause I and connections in said city over, through or along to be made any connection with the sewer main or I any street, lane, avenue or alley, from the corporate laterals or water mains in the City of Salina, or to cock on the water mains to the stop cock shall be install any plumbing work, the construction of which of cast iron double extra strong lead pipe or type K is regulated and governed by the provisions of this copper with flared fittings not less than 3/4 inch in ordinance, in any building or on any premises in the dIameter, and no pipe or other material except ap- City of Salina, without securing a permit therefor proved cast iron, double extra strond lead pipe or from the Plumbing Inspector, an application for type K copper pipe with flared fittings 1 1/2 inch which shall first be made to such Inspector stating or larger, shall be permitted or used in making the location and nature of the work on forms to be such connections. At the point of connection with supplied by such Inspector; Provided however, that the corporation cock the lead pipe shall be bent ill no such application or permit shall be required for an "S" or other form to allow for movement of the repairing or replacing any old fixture, faucet or pipe. All service pipes shall be laid at least three valve by a new one to be used for the same purpose, feet below the surface of the sidewalk and be so or for forcing out stoppage, repairing leaks or re- protected as to prevent rupture from freezing or lieving frozen pipes or fittings, or other emergency damage from other causes. All joints and conections repairs, but all such work shall comply with the re- shall be of brass, screw type flared or wiped joints. quirements of this ordinance. Each service shall be furnished, at the curb line, with a round way, "T" handles, brass stop or curb cock with an inverted key-cock located not more than twelve (12) inches from the street curb, provided that the Superintendent of the Waterworks Depart- ment of the City of Salina may direct or permit the curb cock to be placed in a different location where he deems it necessary or advisable and provided that where more than one consumer is served through a single service pipe, a curb cock and stop box must be provided for each branch of such service. Tre curb cock shall be protected by an approved service box, the top of which must be flush with the top of the ground, and must reach from the pipe to the surface. The "T" handle of the curb cock shall stand parallel to the curb when shut. A stop and waste cock must be placed inside of the foundation of the building to be used by the consumer for shut- ting off the water to avoid damage or waste of water in case of accident or cold weather. All water pipes and branches inside of the building must drain toward this cock. 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 sup- plied, in accordance with the provisions of this or- dinance and any other ordinances of the City now or hereafter in effect and shall be and remain the prop- erty of such owner, but no part of the same which lies in any street or public property shall be removed 5.407. Section 7. Permit for Removal of Side. walk or Paving: No permit shall be granted to any master or employing-plumber or to any person to excavate or to take up pavement or sidewalks until a written application signed by said master or em- ploying plumber or person, shall be given to the City Clerk, to be kept by him, such application to be made and all work thereunder to be done in strict accordance with the ordinances now in effect or here- after enacted. 5-408. Section 8. License and Bond. All master- plumbers or employing plumbers, before being grant- ed a permit by the City Clerk to engage in the plumbing business or to work on said sewer system and connecting to water mains of said city, must pay to said City Clerk a license tax of $25.00 per year and procure from him a license to do such work, execute to the City a surety bond in the sum of $1000.00 to be approved by the Board of Commis- sioners, conditioned for the good and faithful per- formance of work to be done by him upon the sewer system of water mains of said city, or the connec- tion therewith and to hold the City harmless from all damage arising from open trench work or other- wise, or on account of careless or negligent work. In addition thereto there shall be a $25.00 deposit paid in to the City Clerk by each master and employ- . Ch. 5, Art., 4 BUILDING CODES-Regulations, etc.; Plumbing Ordinance except in accordance with the ordinances of the City of Salina then in forcE! and in accordance with the rules and regulations of the Street Department and of the Water Works Department of said city. On str.eets where paving has been or is ordered to be laid, old service pipes other than lead, copper, or cast iron must 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 cock and service box installed. . 5-410. Section 10. Earthenware Pipe: All earth- enware pipe and fittings (No. 1/4 bend allowed) shall be Grade No. 1 of the hub or spigot pattern, cylindrical in section, thoroughly vitrified through the thickness of the pipe and thoroughly salt glazed over the entire inner and outer surface, with an inside diameter of not less than 6 inches. Each length shall be of uniform calibre, smooth bore throughout, without twist or wind and free from fire cracks, blisters, flaws or other defects, and shall be laid to a true and even grade having a fall of not less than 1/8 inch to the foot. All joints shall be made air and water tight, yarned and pored with "calk-tight" asphalt, or equivalent material, or, cast iron soil pipe may be used with lead and oakum. The same size pipe shall be used as for the house outlet, and in no case shall it be less than 4 inches. 5-111. Section 11. Cast Iron Pipe: All cast iron pipe and fittings shall be sound, cylindrical and smooth, free from cracks and holes and other de- fects, of a uniform thickness and not lighter than commercial grade known as Extra Heavy. All pipe shall be coated at the factory with asphaltum or coal-tar pitch. Standard soil pipe may be used for the vent stack extending above the inlet of the high- est fixture. . 5-412. Section 12. Steel Pipe-Quality and Coat- ing of Pipe and Fittings: All iron pipe used for vent pipes shall be galvanized steel and malleable fittings shall be galvanized, or black cast iron fittings may be used. All waste and drain pipe must be cast iron, lead or brass, or galvanized wrought iron may be used when the entire drainage system is Durham. The fittings for waste shall be of cast iron or brass. Refrigeration waste shall be galvanized iron, or brass, with drainage fittings with smooth interior waterway so as to give a uniform grade to branches of not less than 1/4 of an inch per foot. 5-413. Section 13. Lead Pipe-Weight of Same: All pipe used for branch, soil, waste, vent or flush pipes shall be of the best quality of drawn pipe of not less weight per lineal foot than shown in the fol- lowing table: Interior Diameter 1 1/4 inches 1 1/2 inches 2 inches 3 inches 4 inches Wt. per foot 2 lb s. 8 oz.. 3 lbs. 8 oz. 5 lbs. 6 lbs. 8 lbs. 5-414. Section 14. Sheet Lead: Sheet lead for roof flashing shall not weigh less than 3 pounds to the square foot and shall extend not less than 6 inches from the pipe, and the joint shall be made water tight. Moulded flash of approved type may be used. 5-415. Section 15. Waste and Vent Pipes: All joints in cast iron pipe shall be made with lead, well calked, and not less than 1 inch deep, and no paint, varnish or putty shall be applied until the joints have been tested. Oakum shall be used to prevent the lead from running through the joints. All joints shall be made gas and water tight. 5-416. Section 16. Galvanized Iron and Brass: Joints in galvanized iron or brass pipes shall be standard screw joints and all joints shall be made up with white or red lead or mineral paint. 5-417. Section 17. Galvanized Iron and Brass to Cast Iron: Connections between galvanized iron, or brass to cast iron, shall be either calked joint, or screw joint. No slip joint connection will be allow- ed concealed on the sewer side of the trap. 5-418. Section 18. Lead Pipe: Joints in lead pipe or between lead pipes and pipes of brass or cop- per shall in all cases be full wiped joints. 5-419. Section 19. Lead to Iron Pipes: All con- nections of lead to iron pipe must be made with a cast brass or copper ferrule, the same size as the opening into the iron soil pipe, and the lead, neatly and substantially joined to the brass or copper fer- rule by a wiped joint and then calked into the hub of the iron pipe with oakum and molten lead the same as for iron soil pipe joints. 5-420. Section 20. Prohibited Joint: Any fitting or connection which has or forms an enlargement, chamber, or recess with a ledge, shoulder, or reduc- tion of the pipe area in the direction of the flow on the outlet or drain side of any trap is prohibited. 5-421. Section 21. Expansion or Toggle Bolts: Connections or hangers, pipe supports or fixtures, settings with masonry or stone backing shall be made with expansion or toggle bolts. 37 38 BUILDING CODES::-Regulations, etc.; Plumbing Ordinance Ch. 5, Art. 4 5.422. Section 22. Traps and Clean-outs, Where I size as the pipe. All. underground traps and clean- Used: Each single fixture, except those wasting outs inside a building, except. where.. the cleanout as prescribed under this ordinance, shall be sep- I traps are flush with the cellar floor, shall be made arately trapped by a water seal trap, which trap. accessible by manholes with proper metallic covers shall be vented, and placed as close to the fixture and all exterior underground traps with accessible as possible. cleanouts shall be also placed in manholes. All traps Kind of Traps: Every trap shall be self-cleaning. and cleanouts shall be located so as to be easily ac- Brass tubing traps shall be not less than 17 gauge cessible for cleaning. thick. No form of trap which depends upon action of movable parts for its seal shall be used. No trap which depends upon concealed interior portions for its seal or which has an interior partition, that in case of defect would allow the passage of sewer air, shall be used. Each drum trap shall be inverted, where possible, and shall be vented from under- neath the floor as near the top of the trap as pos- sible with lead pipe neatly wiped into the trap and carried above the water line near the fixture. All vent lines shall in no case be less than the schedule of size as herein given for the different classes of fixtures. Traps for bath tubs, basins, sinks or other similar fixtures shall be made of lead or brass. Water Seal: Each trap shall have a water seal of not less than 2 inches. Cleanouts: Each trap, except those in combination with fixtures where trap seal is plainly visible and accessible, shall be provided with a brass trap screw. Traps placed beneath the floor shall have a brass trap screw for cleaning, in plain view, or flush with the floor, or readily accessible from or under the floor. Trap Levels and Protection: All traps shall be rigidly supported and set true, with respect to their water level, and shall be so located as to protect their seal. Floor Drains: Floor drains shall have a per- manent water seal. 5-423. Section 23. Clean-outs: (Size) Cleanouts shall be of the same size as the pipe, up to 4 inches in diameter, and shall be not less than 4 inches for larger pipe traps. Cleanouts shall be at least 4 inches long with airtight screw joints with brass plugs. Cleanouts shall be provided at the foot of all vertical lines of soil pipe and at the end of each horizontal line, and at each change of direction which is more than 5 feet in length. The distance between the clean outs shall not exceed 25 feet. There shall be at least one 4 inch. cleanout provided in the house drain made with a full size Y branch just inside of the wall near the house drain and house sewer connection. Intermediate cleanouts may be made with T cleanouts with brass plug, the same shall be a flush fitting with clean out plug the same 5.424. Section 24. Grade of Horizontal Pipes: All horizontal piping shall be run in practical align- ment and at a uniform grade not less than 1/4 inch pel' foot where possible for soil or waste pipes and house drains suspended by iron hangers, posts, or wall ledges; and not less than 1/8 inch per foot for vent or ventilation pipes. 5-425. Section 25. Change of Direction: All changes of direction of horizontal runs shall be made with Y's, sixth, eighth, or sixteenth bends. Sanitary tee may be used in a vertical line. Stan- dard 1/4 bend may be used in a horizontal run to a vertical drop. 5-426. Section 26. Prohibited Fitting in Waste Lines: Offsets, double-hub, tapped screw fittings, or straight tees shall not be used in a horizontal or vertical run. 5-427. Section 27. Drainage Excavations: All excavations required to be made for the installation of a house drainage system or any part thereof within the walls of a building shall be open trench work. All such trenches shall be kept open until piping has been inspected. 5-428. Section 28. Stack Supports: All free standing stacks shall be thoroughly supported on concrete or masonry piers at their base, and those 20 feet or more in height shall also be provided with foot rests at their base and also with floor rests or supports at every floor. The pipe supports ac- cording to their location shall be made either of heavy iron posts, hangers, wall brackets or steel fittings, concrete or masonry piers, provided that no brick pier shall be less than 8 inches square. The use of pipe hooks shall be prohibited for larger than 1 1/2 inch pipes. 5-429. Section 29. Old House Sewers: Old~ouse drains may be used to connect with new buildings or new plumbing when they are found, on examination and test, to conform in all respects to the require- ments governing new sewers or drains, as prescribed in this ordinance. . Ch. 5, Art. 4 BUILDING CODES-Regulations, etc.; Plumbing Ordinance 5-430. Section 30. Drains to Curh: Where there is no storm sewer accessible, drainage of surface in- lets and rain water conductors may be drained sep- arately to the curb line where practicable by drain pipes not less than four inches in diameter and dis- charge into the public gutter. 5-431. Section 31. House Sewer: The drain con- taining the house sewer, beginning 2 feet outside the building wall shall consist of sewer tile or 4-inch cast iron pipe. It shall not be laid closer than 3 feet to any exterior wall, cellar, basement, well or cistern or less than 2 feet deep, where possible. Change in direction shall be made with long curves, 1/8 bends or Y's. No person or persons, other than duly bond- ed and licensed plumbers of the City of Salina, or their duly authorized employees shall be permitted to open or connect any private or public building service to any city sewer whatsoever. No earthen- ware drains from kitchen sinks outside the founda- tion shall be less than 4-inch. Overflow pipes from cisterns shall not connect with any house sewer. . 5-432. Section 32. Exhaust, Blowolfs and Drip Pipe Connections: The exhaust, blow-offs, sediment or drip pipe from a steam boiler shall not connect directly with any sewer, drain, soil, or waste pipe. Such pipes shall discharge into the top, and above the line of discharge, of a suitable tank or condensor made of wrought or cast iron, provided with a relief pipe of at least 2 inches in diameter, extending to the outer air. 5-433. Section 33. Connections with Conductors Prohibited: Conductor pipes shall not be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipe be used as conductors. 5-434. Section 34. Soil and Waste Pipes: All main and branch soil and waste pipes, except as otherwise provided in this ordinance, shall be cast iron, extra heavy soil pipe of the following weights: 2 inch 5 1/2 lbs. per ft. 3 inch 9 1/2 lbs. per ft. 4 inch 13 lb s. per ft. 5 inch 17 lb s. per ft. 6 inch 20 112 lbs. per ft. with corresponding fittings. Lead bends and drum traps used shall be known as extra heavy. . :;-'~:)5 Sse1ion 35. Wa,te Pipe Sizes: The mini- mum inside diameter of soil pipe or lead waste pipe to any fixture shall be as follows: 1 to 7 water closets, 4 inch for main line. 8 to 12 water closets, 5 inch for main line. More than 12 water closets, 1 line of waste pipe, 6 inch pipe shall be used for main line. Private kitchen sinks, 1 112 inch waste. Hotel or restaurant sinks, 3 inch waste. Slop sinks, waste full size of opening in sink. Garage drains or sand traps, 4 inch waste. Grease traps, waste must be size of opening in trap but in no case less than 2 inch waste. Hotel dish washers, 1 112 inch waste. Bath tubs, 1 1/2 inch waste. Lavatories, 1 112 inch waste. Laundry tubs, 1 112 inch waste. Drinking fountains, 1 114 inch waste. Bar sinks and drains, 2 inch waste. Independent showers, 2 inch waste. Sitz baths, 1 1/2 inch waste. Combined laundry tubs and sinks, 2 inch waste. Bedets, 4 inch waste. Urinals, not less than 1 1/2 inch waste or size of waste opening in fixture. 6 x 6 inch to 12 x 12 inch floor drains, 2 inch waste. Larger than 12 inch, the full size of the drain opening. Where more than one fixture enters the same line the waste shall be increased 1 size at the junction up to 2 inches. Where drum trap is wet vented through the lava- tory waste the tub waste size shall be 1 1/2 inches. 5-436. Section 36. Prevent Pipe Stacks: The re- vent pipe stack shall be as follows: Closets, 2 in. for 30 ft. or less. Kitchen sinks, 1 114 in. for 30 ft. or less. Urinals, 1 112 in. for 30 ft. or less. Bath tubs, 1 1/4 in. for 30 ft. or less. Bath tub with lavatory (wet tank) 1 112 in. for 30 ft. or less. Lavatories, 1 114 in. for 30 ft. or less. Laundry tubs, 1 1/2 in. for 30 ft. or less. Slop sinks, 2 in. for 30 ft. or less. Combination sinks and tubs, 1 1/2 in. for 30 ft. or less. Bar sinks and drains, 1 112 in. for 30 ft. or less. Independent showers, deep seal trap, no vent. Sitz baths, 1 114 in. for 30 ft. or less. Drinking fountains, 1 114 in. for 30 ft. or less. Grease traps, 2 in. for 30 ft. or less. Syphonic action closet bowls and bedets shall be vented through the main stack. All lines of vent pipe to any 1 fixture more than 30 feet in length shall be increased 1 size up to 60 feet in length and 2 sizes up to 100 feet in length. In any case where a closet is located on a horizontal branch in excess of 8 feet from the main line of soil stack it must be vented by running a separate vent of not less than 39 40 BUILDING. CODES-Regulations, etc.; Plumbing Ordinance Ch. 5, Art. 4 2 inch internal diameter. This vent may be carried through the roof or connected to the main vent stack not less than 1 foot above the water line of the high- est fixture. This vent must be taken out of the branch line to the closet at a point as near the bot- tom of the closet as possible with 2 inch lead carried above the water line of the fixture, or by inserting a 4 x 2 fitting in waste line as near the lead connection as possible. In any case, when 2 or more fixtures are connected to 1 line of vent pipe, the line of pipe above or beyond the junction points must be increas- ed 1 size for each fixture so connected up to 2 inch pipe. In no case shall there be more than 10 fixtures connected to a 2 inch vent pipe. All lines of re-vent pipe must be carried in the most direct line possible from the trap it serves to its outlet and it can either be connected to the main soil stack not less than 1 foot above the waterline of the highest fixture or be carried through the roof independent. If it is run through the roof it must be flashed the same as for main soil stack. 5-437. Section 37. Terminals: The roof terminals of all vent pipes shall be at least 3 feet above any door, window, scuttle or air shaft, when located at distances less than 12 feet from such terminal. 5-438. Section 38. Terminals Adjoining High Buildings: No soil, waste or vent pipe extension of any new or existing building shall be run or plac- ed on the outside of a wall, but shall be carried up in the inside to the roof. In the event that a new building is built higher than an existing building, the owner of the new building shall not locate win- dows within 12 feet of any existing vent stack on the lower building, unless the owner of such new building shall defray the expenses of, or shall him- self make such alteration to conform with this ordin- ance. It shall be the duty of the owner of the lower or existing building to make such alterations therein upon receipt, in advance, of money or security there- for, sufficient for the purpose from the owner of the new or higher building, or to permit the election of the owner of the new or higher building to making of such alteration by the owner of said new or high- er building. 5-439. Section 39. Vents, Lengths from Traps: The back vent of any fixture trap shall be as close to the traps as practicable, consistent with its loca- tion and effectiveness. The developed length of the waste pipe of any fixture from its trap to the vent pipe shall not exceed 24 inches. least one 4 inch soil pipe stack extending through the roof. All main vents shall be connected, at their base, to the main waste or soil pipe at or below the lowest branch of fixtures fitting, and shall be ex- tended through and above the roof. 5-441. Section 41. Vent Pipe Grades and Con- nections: All branch vent and back vent pipes shall be free from drops or sags and be so graded and connected as to drip back to the soil or waste pipe by gravity. On horizontal runs such connections shall be taken off above the center line, as near the Cl'own as possible above water line of fixture, be- fore being offset horizontally. 5-442. Section 42. Sump Pits in Basement: All sump pits for cellar drains shall be constructed of glazed, vitrified pipe of cement or brick plastered with Portland cement mortar, having an internal dia- meter of not less than 15 inches and be fitted with cast iron bell trap cover and be readily accessible for cleaning. A diagram of same can be seen at the office of the Plumbing Inspector. 5-443. Section 43. Back Water Valves: When plumbing fixtures are installed in basements, where they come below sidewalk grade, they shall have a gate valve between such fixtures and the main drain so that the fixtures above the basement floors can be used when said gate valve is closed. Said gate valve shall be of h'on body with hub ends for con- necting drain. 5-444. Section 44. Refrigerator Waste: Waste pipes from refrigerators, fountains or bars, or other receptacles in which provisions are stol'ed shall not be connected directly with the drainage system, but shall be so arranged as to waste on an open tray in plain sight below the refrigerator. This tray may be connected with the drainage system upon being properly trapped and vented. 5-445. Section 45. Air Conditioning Units and Water Softeners: Wastes from water-cooled air-con- ditioning units, or from any such unit using a liquid to perform its function and wastes from water soft- ening units shall in no case be drained into alley:' or into public streets, but shall waste on an open tray the same as for refrigerators. No cross-con- nections shall be permitted between the City Water Supply and a waste line. 5-446. Section 46. Kitchen Wastes: Kitchen or other greasy wastes from hotels, restaurants, club 5-440. Section 40. Main Vents: Every building \ houses, public institutions or any establishments in which water closets are installed shall have at other than private residences in which cooking is I . . . Ch.5, Art. 4 BUILDINQCODES-Regulations, etc.; Plumbing Ordinance done, or greasy wastes obtained, shall be intercepted hy a catch basin or grease trap, of approved makt!, and then conducted to the house sewer. 5.447. Section 47. Garage Wastes: All liquid wastes from garages, and wash racks shaH be in- tercepted before entering the sewer by a suitable catch basin, properly trapped, of a design to be ap- proved by the Plumbing Inspector. 5.448. Section 48. Materials: All receptacles used for water closets, urinals or otherwise for the disposal of human excreta shall be either vitrified earthenware, or cast iron white porcelain enameled on the inside. If a cast iron is used, it shall be enam- eled or painted on the outside with at least three coats of non-absorbent paint. 5.449. Section 49. Water Closet Bowls: The bowls and traps for water closets shall be made in one piece of such shape and form as to hold a suffi- cient quantity of water, when filled up to the trap overflow, so as to completely submerge any matter deposited in same and properly flush and scour the soil pipe when contents of the bowl are discharged. Latrine closets are prohibited. 5.450. Section 50. Frost Proof Closets: Frost proof closets with tanks will not be permitted in public buildings or private residence without special permit from the Plumbing Inspector, but shall be permitted to be installed in outside closet buildings or warerooms when separately partitioned off and ventilated. Closets when so installed must be trap- ped with a half "8" trap constructed of cast iron and placed at a depth to prevent freezing. A 2-inch vent must be taken out of the waste pipe below the floor and as near the bottom of the hopper as pos- sible and carried up and through the roof of the building. Galvanized iron or cast iron pipe may be used for this vent. No frost proof closet without flushing tank will be permitted. The door to such room shall open to the outside. 5.451. Section 51. Closet Flanges: Closets con- nected by and through lead pipe must have suitable brass floor flanges securely soldered to lead pipe. When set on cement floor, cast iron soil pipe may be used in place of lead, using a cast iron floor flange calked into the cast iron pipe. Cast iron bowls shall be lead and oakum calked joints. 5.452. Section 52. Fixture Grounds: Whenever fixtures hang on plastered walls there must be grounds placed back of the lath and plaster that the hanger or brackets of the fixtures may be properly fastened thereto. This work must be done before calling the Inspector. In case the work is not ready for inspection, nor approved, a. fee of 25c will be charged for ~ach additional call of the Inspector.. 5-453. Section 53. Urinals, Material and Supply: Urinals must be of either enameled iron or porce- lain and, excepting flushometers, must be supplied from a tank or tanks or system, the water of which shall be used for no other purpose. 5-454. Section 54. Urinals, Group: A group of urinals may be supplied from 1 tank, the capacity of which is to be proportionate to the number of urinals supplied but in no case shaIl be of a capacity of less than 1 gaIlon for each urinal served. The flush pipes must be sufficiently large, or, the group may be flushed by a direct water supply through a brass pipe carried the fuIllength of the trough, per- forated every 2 inches. 5.455. Section 55. Urinal Group Defined: More than one urinal shaIl be construed as being a group of urinals and the flush pipe or pipes thereto must be so arranged as to provide an equalized pressure and volume of water to all and each urinal on the range. 5.456. Section 56. Visible Trap Seal: AIl water closets and pedestal urinals with trap combined shaIl have visible trap seals. 5.457. Section 57. Urinals: AIl urinals, troughs or gutters other than those heretofore described, shall be constructed of materials impervious to mois- ture and that will not corrode under the action of urine. When floor gutters are used as urinals, the gutter shall be made with impervious material, and the floors and waIl within two feet of such gutter shall be equaIly water-tight and impervious. In districts having no sewer connections, copper or galvanized iron urinal troughs may be used in out houses, sheds, barns and in yards and at least 20 feet distance from any building of a better grade. 5.458. Section 58. Bath Tubs: AIl fixtures hav- ing a waste either connected to the sewer, septic tank or open waste must be trapped with a water sealing trap the same size as the minimum inside diameter given for waste pipes in this ordinance and in no case shaIl the trap exceed a distance of 2 feet from the fixture it serves. 5.459. Section 59. Water Supply Fixtures: Water closets, urinals or other plumbing fixtures shaIl be provided with a sufficient supply of water for flush- ing to keep them in a proper and sanitary condition. 41 42 BUILDING CODES-Regulations, etc.; Plumbing Ordinance Ch. 6, Art. 4 (SEAL) 5-466. Section 66. Inspector's Special Permit, Re- Attest: Chas E. Banker construction: Where additional fixtures are requir- City Clerk 5-460. Section 60. Water Closets Supply: No water closet or urinal bowl shall be supplied directly from the water supply pipes excepting closets with flushometer valves. Every water closet or urinal bowl shall be directly flushed through a flushing tank of at least 4 gallon capacity for water closets and 2 gallons for urinals. The tank shall be properly supplied with water and the flush pipe to the water closet or urinal shall be at least 1 1/4 inches in dia- meter. 5-461. Section 61. Covering of Work: No part of any plumbing shall be covered until same has been inspected, tested and approved, except as pre- viously provided for in this ordinance. 5-462. Section 62. Ventilators: No brick, sheet metal or earthenware flues will be used as a sewer ventilator, nor shall any chimney flue be used for that purpose. Terminals of all vents must be at least 12 feet from any water tank, air shaft, window or any opening. 5-463. Section 63. Defective Work: If tests show defects, the defective work or material shall be re- placed within 3 days and the test again applied. In all cases the Plumbing Inspector shall designate the points at which the pressure shall be relieved or drawn off. 5-464. Section 64. Repairs: Tests shall not be required after the repairing or replacing of any old fixture, faucet or valve by a new one to be used for the same purpose, forcing out stoppage, repairing leaks or relieving frozen pipes and fittings, but such repairs or alterations shall not be construed to include cases where new or vertical or horizontal lines of soil, waste, vent or interior leader or con- ductor pipes are used, or their relative locations changed, provided that plumbing in a building con- demned by the Plumbing Inspector, because of un- sanitary conditions of the house drainage or plumb- ing, shall be considered as coming under the head of repairs, but all such, house drainage or plumbing, shall be done as in the case of new buildings. 5-465. Section 65. Septic Tank: Septic tanks may be used to receive the discharge from plumbing fixtures only when written permission to that effect has been secured from the Plumbing Inspector and such permission shall only be given when a public sewage system is not available. Septic tanks must be constructed in the manner specified by the Plumb- ing Inspector. Cess pools shall be prohibited except when used in connection with a septic tank. ed or alterations are. to be made, which cannot be practicably constructed in accordance with the pro- visions of this ordinance, a special permit for such work may be issued by the Plumbing Inspector, if, in his judgment, the conditions require it. The spe- cial permit must be issued by the Plumbing Inspec- tor before the work is started. Standard soil pipe may be used only with the inspectors permission where additional plumbing is being added to an old building where standard soil pipe already exists and is in good condition. And, in no case will it be per- missible to make a run more than 6 feet from the old line. 5-467. Section 67. Not to Apply to Prior Plumb- ing: The provisions of this ordinance shall not ap- ply to plumbing of buildings which have been con- nected with the sewer system or water mains prior to the passage of this ordinance, but such plumbing or service connections with the sewer system or water mains may be inspected when so ordered by the Board of Commissioners or by the City Board of Health whenever such Board may be created, without cost or charge to the owner or owners of such build- ings and any such connections found to be defective may be ordered changed, altered, repaired or re- moved. 5-468. Section 68. Penalty: Any person violat. ing any of the provisions of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in any sum not less than $5.00 nor more than $60.00. 5-469. Section 69. Saving Clause: If any provi- sions of this ordinance shall be determined to be un- reasonable, illegal, unconstitutional or void, the same shall not terminate, alter, annul or restrict such pro- visions of this ordinance as may be legal, constitu- tional, reasonable and valid. 5-470. Section 70. Repeal: Ordinance No. 2980 and Section 8 of Ordinance 3191 and Ordinance 3464 of the City of Salina, Kansas and all other ordin- ances or pal,ts thereof of the City of Salina in con- flict with the provisions of this ordinance are hereby repealed. 5-471. Section 71. Take Effect: That this ordin- ance shall take and be in force from and after its publication in the Book of Revised Ordinances of the City of Salina, Kansas. Introduced, September 11, 1939 Passed, September 18, 1939 Ed Morgenstern Mayor . . . Ch. 5, Art. 4 BUILDING CODES-Regulations, etc.; Plumbing 43 J?OJ~ . ~ to be paid out of the 'I~-i+ for the examination. Crr,\ ~fN In;.. L/ f 1/ 5.475. Examination, Certificate, Fees: Said Board r. of Examiners shall as soon as may be after their _ appointment, meet, and shall then and from time to \t\luu~. time thereafter designate the times and places for examination of all applicants desiring to engage in ti..~1?o or work at the business of plumbing within said city. Said Board shall examine each applicant as fUG-r" LJ'-it .3 to his practical knowledge of plumbing, house drain- age, plumbing ventilation and other matters related to plumbing, and if satisfied of the competency and physical fitness of such applicant shall upon payment of the fees herein specified, issue to such applicant a certificate authorizing him to engage in or work at the business of plumbing, either as a master plumber or employing plumber or as a journeyman plumber in the City of Salina, subject to compliance with all other ordinances of said city relating to li- censes, permits, and plumbing requirements. Each certificate so issued shall entitle the person to whom it is issued to engage in or work at the business of master plumber, employing plumber or journeyman plumber, as the case may be, for a period of one year from the date of the certificate. Such certificate ay be renewed each year by any holder thereof, u n payment of the annual fee herein specified, wit ut further examination, or at the discretion of the B I'd of Examiners, upon such further exam- ination s they may deem necessary. The annual fee for a certificate for a master plumber or em- ploying plu bel' shall be five ($5.00) dollars and for a Journeyma Plumber shall be two ($2.00) dollars. All fees receiv for said certificates shall be paid into the treasur of the said city. (S4, Ord. 4804, 11-29-37). 72. Plumber's Certificate Required: No per-j the Board of Commissioners, son all engage in or work at the bu.siness of fees paid by the applicants plumbi ,either as a master plumber, employing (S3, Ord. 4804, 11-29-37) plumber l' as journeyman plumber in the City of Salina, Ka as, unless and until a certificate has been obtained by im therefor as provided for and in ac- cordance with the provisions of this ordinance, or after any such rtificate has been revoked or pro- vided for in this 0 inance. (~l,Ord. 4804, 11-29-37) 5.473. Examinatio by Board. Any person who has had not less than wo years of apprenticeship under a journeyman plu bel' or other preparatory experience, equivalent to s h apprenticeship, which will meet with the approval the Board of Exam- iners, who desires to engage in work at the plumb- ing business, either as a master umber or employ- ing plumber or as journeyman pIu bel' in this city, shall make application to the Boar of Examiners hereinafter provided for which applicat n shall state the preparatory qualifications and expel' nce of the applicant and such other information as e Board of Examiners may require, and which shall Jj signed and sworn to by the applicant, and shall a such times and places as said Board may designat be required to take such examination as to his qual _ cations as said Board may direct. Said examinatio may be made in whole or in part in writing and may be in part oral, or by demonstration, and shall be of a practical and elementary character, but sufficient to test the qualifications of the applicant to engage in the kind of work or in the business specified in his application. In addition thereto the Board of Examiners may, at the time of the application, or at the time of examination, require any person mak- ing such application to undergo, at said applicant's expense, a physical examination by a physician to determine said applicant's physical fitness to engage in such work. (S2, Ord. 4804, 11-29-37; Amd. SI, Ord. 4872, 5-31-38) 5.474. Board of Examiners. That there shall be in this city a Board of Examiners of Plumbers con- sisting of three members, one of which shall be chair- man of the Board of Health of said city, who shall be ex-officio chairman of the said Board of Examin- ers; a second member, who shall be a master plumb- er, and a third member, who shall be a journeyman plumber. Said second and third members shall be appointed by the Board of Commissioners of said city, within ten days after this ordinance takes effect, for terms of one year from the first day of Decem- ber, and thereafter annually before the first day of December, and the compensation of the members of said Board of Examiners shall be determined by 5-476. Arbitration ower of Board: In addition to the above duties of tli Examining Board, it shall act as an arbitration boar in deciding any question that may arise between the lumbing Inspector and any master plumber that is no covered by ordinance, and the decision of said Board i such matters shall be final, unless an appeal is take to the Board of Commissioners of said city, where ecision shall be final. (S5, Ord. 4804, 11-29-37) 5.477. Rules and Regulations: All pIu bel'S shall be governed by the ordinances of the City f Salina relative to plumbing and by such rules and egula- tions as the Board of Examiners see fit to opt, and any violation of the provisions of any such or- dinance or of any such regulations shall be sufficie t 44 BUILDING CODES-Regulations, etc.; Plumbing Ch.5, Art. .4 gro s to work forfeiture of such plumbel"s certi-! and for. the City of Salina, Kansas, solely for the ficate, a the Board of Examiners may for such purp set forth in Ordinance No. 4804 being an f ~ '\' t-\ violation re e sueh certificate. (~6, Ord. 4804, 11- I ordinance uiring Examinations and Certificates ~. 29-37). I for Plumbers, a ard of Health consis.ting of .three ~ ~ -\ t 3 5-478. Violation, lty: Any person violating! members, one of w.. shall be the CIty ~ngmeer, ~ V any provision of this or~ance shall be deemed I who shall be ex-offICIO C . an of the saId Board guilty of a misdemeanor, and &~ubject to a fine of I of H.ealth; the second and thlr ~m~ers sha:l ~e not less than five dollars nor exce~g fifty dollars appomted by the Board of Co.mmls. ers wlthm for each and every violation thereof. ~rd. 4804, ten days after the passage of thIs ordmance, r the 11-29-37). term of one year from the first day of December thereafter annually before the first day of December, 5-479. Board of Health. .gal" m!!!:ose b~r~~l!~:4 and shall serve without pay. (~1, Ord. 4805, 11-29- (See Sees. 5-472 to 5-478). There is here d [37). ~- en> '", ., ]\~fltlW.. Dtbl \\;11~ f4i-r'\- /0 Lf'-/1> I (PUblished in the Salina Journal JUne 5, 1940) ORDINANCE NO. 4974 AN ORDINANCE repealing Ordinance No. 4872 and Ordinance No. 4804 as amended by Ordinance No. 4872 relating to examination and certificates of plumbers, and creating a Board of Examiners of Plumbers. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That Ordinance No. 4872 and Ordinance No. 4804 as amended by ordinance No. 4872. being an ordinance relating to examination and certificates of plumbers and . creating a Board of Examiners of plumbers be and the same are hereby repealed. Section 2. This ordinance shall be in force and effect from and after its publication in the official city paper. Introduced, April 29, 1940 Passed, June 3. 1940 Attest: Ed Morgenstern Mayor Chas. E. Banker City Clerk 'Y I)' L,I e (~lblished in the Salina Journal sept. 5 1940) OF0LANCE NO. 4979 AN ORDI~)ANCE providing for and creating; a Board of Reelth in the City of Salina, a~d repealing Ordinance No. 4805 of s9id City. BE IT GRDAINED b:r the Board of Commis -i oners "r the Ci t~r of' 8al' na, Ka..nse.s: . Section 1. There is hereby cres.ted in and for the City of Sal:ira, I(a!J.sas a Board nf Health cO'.lsisting of three 'rembers, (lnp. o!~ "'hem shall be desiGnated at the time of his a.::-rointn:ent as the Chairman of said Board of Health. The members of said Board of HeBlth snf3.ll be e.ppointed by the Board of C(),,:!ds~:ioners for a terrE ex~i ring on the f'irst day of !ilay following the passage of this ordinance, t=Lnd th;e;re- after sl1cn members shall be appointed for terns of one :rear from and efte,' the First day of May in each ye8.r, a'ld the members of said Board sh~;.ll serve until their successors are appointed and (l'~al if'ied. The Ille'!lbers of such Board shall receive such cO!.1pensation from the tre8.s1JrJi" of such city as may be allowed end appropriated for such purpose by the Board of Conrrrrissioners. Section 2. T~at Ordinence No. 4805 of said city be and the sa~e is hereby repealed. Section 3. This ordinance shall take effect and he in force from and aftAr i t~ publication in the offi cial city paper. Introduced, Passed, A'.1Gust 26, 1940 ';8pterobcr' :~ # }'),':) -:;:l[')r~enstern ~Aiyor A.ttest: Cha.s. E. B9_:11~~~r Citv Clerk " e -! e f1&f-f-J (Published in the Sa] ina Journal t. Sept. 5 1940) AN OF.DIlJAliCE relating to perSens engaging in the business of plumbing in the Cit), of S'lina, requiring plumber, certificates for .'''ch persons and creating a Board of Examiners of Plumbers, defining the "uties, p01'rers a.nd a'J.thori ty of suc};t Board, 8~d ~'roviding a. pen8.1 t;r fer the violation of such ordinance. ORDINANCE no. 4980 , ". Ie.' .. 1 PE IT ORDAINED b;}' the Boa.rd of Co>:wdssioners of the City Section 1. Plumber's Certific~ Required. No person shell engage in or work at the business of plumbing, either as . master plumber, employing plumber or "' journeyman plumber in the City of saUna, Kansas, unless and until a certificate has been obtained by him therefor as provided for and ; n e c cor" anc e wi th the p rovi s10ne c f this or<l i nance, or ei'te r any such c er tificate has been revoked as provided for in this ordinance. Section 2. Examination by Board. Any person desirIng to engage in or work at the business of plumbing, either as a mAster plumber, emplc)dng ph1mber or journe)",an plumber in the City of Salina shaU "'ake application to the 30ard of Exeminers herei"".fter provided for, and shaU at such time and place as s'"id Board ',"y designate be compelled to pass such exa,,,ination as to his qualifications as said Board may direct, which exam;""tion may be made in whole or in part in writing, .nd shaU be of e. practical and elemen- tary character, but suffiCiently strict to test the qualiFications of the appli ca.nt. Section 3. Board of EXOfliners, appointment, teM", compensation. There shall-be in the Ci ty01'--sclina A Board o-f EX"-~iners of PlUiC"bero-;;onsiating of three members, one of which sball be the Chairma" of the Board of Health who shall be ex-officio chairman cf the Board of BXOfliners, a second member who shall be a master plumber, and e third member ",,," shaU he e jcurneyman pl=ber, ,eid second and third members shall be '7,>ointed hy the 'ayor and a pp roved by toc Board of Cowmi ss i one r s of the City 0 f Salina, w" i ch a ppo int- "~ent shnll be for a tem expiring on the first dn;' ',f l;ey folIo"".,,:; the effec_ tive date d this orMoance, aud such members shall thereofter b. appointed ar""ually before the first day of May for term8 of one year fru", the first day of !la" in the year of their apDobtnent, The members of said Board sholl receive a; compenS;tion such Sum a; the Board of Ccmmissioners may hereafter desi~nate and appropriate for Such purpose from the treasury of se.id city. Section 4. Times ~"d places for examination, ~nat ex,",cination shall cover, c ertJfi ca te, fe es · S a;i d Board 0 f Exa.dne rs shall, as soon e s may be af'ter therr-&ppoinu,ent, meet, and shell then designate the times and pIeces for eXtmdnaUon of all applicants doUr' ng to engage in or work at the busine.. of plumbing within their jurisdiction, Said Board shall exami". said appli_ 'nb as to the practical knOWledge Of'lumbing, house drainage, and Plumbing ventilation, and, if satisfied of the competency of such applicants, shall . f'l~-Iv thereupon issue a certifice:te to such applicant, authorizinG h:LlIl to engage in or li'lork: 9t the business of plumbing, either as master plunber or employin,~ plumber or as a journeyrnan plumber. The fee for a. certi- ficate for a master plunber or eEploying plumber shaIl be five dollars; for a iourneyman nlu.'11ber it shall be two dollars. Said certif'icate shall be valid and have~ force throushout the state; and &11 fees received for said certificate shall be paid into the treasury of the city. Section 5. Rules and Regulations: All plumbers shall be COverned by the ordir.ances of the City of Salina relative to pltunbir.g and b;y Such rub s and regul ations as ma.:r be provided for by ordinance a.nd for any violation of the provisions of any such ordi:1ance, the certifice.te ir. tilis ordinance provided f'o!', which may have been issued to any plv1l1ber authorizing him to engage in the business of plumbing in the City of Salina, may be forfeited and revoked '-,pan recommendation of the Board of Plumbing Examiners, bJr the Board of' Com.>nissioners of' the City of Salina, insofar as it rele.tes to and authorizes such person to engage in the business of plumbing in the City of SaUna. . Section 6. Violation and Penalty. Any person who shall violate any pro- vis i on 0 f thi s ord in." c e shall be gu U ty of a mi sd.",eanor and s h_ll be pun- ished b;y a fine of not less than $5.00 nor more than $50.00 for each and every violation thereof, and each r'!~'W upon lNhich e.ny such violation shall cortjnue, and each act constituting a violation, shall be deemed to be separate and distinct Offenses. Section 7. This ordinance shall take effect and be in force upon its publication in the offi cial city paper. Introduced, Passed, August 26, 1940 September 3, 1940 Attest: Chas. E. Banker City Clerk Ed Morgenstern Mayor . . . Ch. 6, Art.. 5 BUILDING CODES-Regulations, etc.; Gas Piping 45 ARTICLE 5.-Gas Piping. .5-501. .Plumbing Inspector Duties. The plumbing inspector has authority to and it .shall be his duty to inspect and test all new installations and all ex- tensions to or alterations of existing gas piping, and all fittings, devices, appliances and connections ap- purtenant thereto, hereafter installed, and to in- spect and test whenever in his opinion it is neces- sary or proper, all existing installations of gas pip- ing and the fittings, devices, appliances and connec- tions appurtenant thereto in the City of Salina, Kan- sas. He shall enforce or cause to be enforced the provisions of this ordinance and for all purposes of this ordinance he shall have the right and authority during reasonable hours, and at any time when in his opinion any emergency exists, to enter in or upon any building or premises in the City of Salina for the purpose of making any inspection or test and of performing any of the duties required of him by this ordinance. Whenever in this ordinance the word inspectol' is used, it shall be deemed to refer to the plumbing inspector of the City of Salina, or his au- thorized assistant. (~1, Ord. 4120, 11-21-31). 5-502. Permit Required. No building shall here- after be piped or fitted for gas, nor shall any re- pairs, alterations, or extensions be made in any pip- ing nor shall any fittings or fixtures or appliances be placed in any premises unless a permit therefor shall be granted by the inspector, after the filing with him by the person intending to do such work of an application describing the work to be done and the premises in or upon which the same is to be done. Such application shall state the correct location and the name and address of the owner of such building or premises and a full and complete statement of the work proposed to be done. (~2, Ord. 4120, 11-21-31) 5-503. Inspection Notice. It shall be the duty of any person installing, altering or changing any gas piping in any building or premises in the City of Salina to notify the inspector when the work is ready for inspection and the whole system of gas piping including the fittings, appliances, connections and appurtenances thereto, in or upon such building or premises shall be so arranged and connected as to enable the inspector properly to inspect and test the same. (~3, Ord. 4120, 11-21-31). 5-504. License-Bond. No permit shall be issued to any person to install, extend, repair, alter or con- nect any gas piping or gas appliances or appurten- ances for the conveyance or use of natural or artifi- cial gas in or upon any building or premises in the City of Salina unless such person shall first secure from the City Clerk a license to engage in the occu- pation of gas fitter, which license shall be issued by the City Clerk upon the payment of a license or occu- pation tax of $10.00 per year. Every such license shall expire on the 31st day of December after its date, and if issued after July 1st, the license tax for the remainder of the year shall be one-half of the amount above specified. Upon the filing by such applicant of an application for such license stating the name and business address of such applicant and such other pertinent information as the City Clerk may require, and upon the filing by such applicant with the City Clerk of a bond in the penal sum of $2,000.00 executed by such principal and by a cor- porate surety duly authorized to do business as a surety of the State of Kansas, conditioned upon the good and faithful performance by such licensee of all work of the kind referred to in this ordinance in accordance with the requirements and provisions of this ordinance and to indemnify said city and any and all persons for whom any such work may be done by such applicant against all damages rising from or caused by any open trench work or other cause or by the carelessness or negligence of such appli- cant or any of his agents, servants, or employees, in connection with any such work; Provided, how- ever, that any person having a license to do plumb- ing work, and who has on deposit in the City Clerk's office, and in effect, a plumber's bond as required by Ordinance No. 2980, as amended by Ordinance No 3201, as such ordinance now exists, or as they may be hereafter amended, shall be permitted to do any of the work mentioned in this ordinance to the same extent as if he had received a license and de- posited his bond under this ordinance if such plumb- er's bond shall have endorsed thereon by the surety company by whom the same is issued, an endorse- ment providing for coverage under the provisions of this ordinance and in the amount hereby required; provided further that in any event a permit shall be secured for each piece of work as required in this ordinance. A licensee under this ordinance or the plumbing ordinance, doing any work mentioned in this ordinance, may do the same by his employees, but such licensee shall employ no person on any such work unless such person be fully qualified and experienced in such work and such licensee shall be responsible for all of the acts, omissions or negli- gence of any such employee in or about any such work and the bond of such licensee shall cover the acts, omissions or negligence of any such employee. (~4, Ord. 4120, 11-21-31). 5-505. Inspection Fees. Inspector shall collect a minimum inspection fee of $1.00 for each permit issued by him under the provisions of this ordin- 46 BUILDING CODES-R.egulations, etc.; Gas Piping Ch. 5, Art. 5 ance, which shall cover inspection fees. for the. Qri- ginal inspection of any sY5tem having not more than six outlets or fixtures connected with such system, and shall collect additional inspection fees for on each original inspection of such system of 25c for each additional outlet or fixture connected with such system, over six; and shall collect an additional fee of 50c for each inspection on any premises after the original inspection, or for any inspection con- nected with the installation of fixtures on a system now existing. Such inspection fees shall be paid to the inspector by the party filing the application for a permit to do the work of installation to be covered by such inspection, and shall be accounted for and paid by the inspector to the City Clerk. (li5, Ord. 4120, 11-21-31). 5-506. Connection with Mains-Certificate. No person shall connect any gas piping system or instal- lation, an inspection of which is required by the provisions of this ordinance, with the gas mains operated by any gas distributing company in the City of Salina, hereinafter referred to as the gas company, nor shall any gas be turned into or used through such gas piping system or installation, until the person connecting or turning on such gas shall receive a certificate from the inspector ap- proving such installation. (li6, Ord. 4120, 11-21-31) 5-507. Condemn and Disconnect System. The in- spector may and it shall be his duty to condemn and disconnect or order disconnected any connection of any such gas piping system or installation to any gas main whenever the person installing such gas piping system shall have failed to comply with any of the provisions of this ordinance relating thereto, or whenever in the opinion of the inspector any gas piping system or installation in any premises in the City of Salina, Kansas, is unsafe and liable to cause injury or damage to any person or prop- erty in said city. (li7, Ord. 4120, 11-21-31). 5-508. Testing. All gas piping now or hereafter installed or used in or on any premises in the City of Salina, shall whenever any inspection or test thereof is made under the provisions of this ordin- ance, be tested with an accurate pressure gauge of standard make by the Inspector and shall be capa- ble of withstanding pressure equal to fifteen pounds for a period of fifteen minutes. The person doing such work shall furnish such gauge and shall leave the same connected until after the inspection and testing is completed. (li8, Ord. 4120, 11-21-31). 5-509. Rules and Regulations for all Systems. All gas piping and all appurtenances, appliances fixtures or devices now or hereafter installed or used or de- signed for use in connection with the same in, upon or about any premises in the City of Salina shall be installed in accordance with, and shall conform to and be governed by the following rules, regula- tions and requirements, to-wit: (1) No person except the gas company or its authorized representative shall turn the gas on or off at the meter, except gas may be turned off by other in cases of emergency. (2) When the fitting job, and line testing has been approved by the Inspector insofar as the same can be tested before the gas can be turned on, the meter shall be set and the gas shall be turned on by the gas company or its authorized representative, and by no other person, after which such test shail be made by the Inspector as may be necessary. Every gas heating device, water heater, and the ov f every cooking device hereafter installed shall be equ ed with good and sufficient flue 01' vent connections ugh which unburned gas may flow out of the premise, nd no flue or vent used for such purpose shall be use l' any purpose ex- cept as a flue or vent, and these lations shall apply to existing systems or installation he the judgment of the Inspector the same is neces y to the safety of the occupants of said premises. (4) No solid damper shall be used in any flue pipe leading from any device where gas is consum- ed, and any damper used shall have a hole or holes of a diameter of not less than one-fourth of the pipe diameter. (5) All gas outlets for the burning of any open gas flame shall be at least two and one-half feet be- low any ceiling not fire proof, or other combustible material unless properly protected by a metal shelf in which case such distance shall be not less than eighteen inches. (6) All outlets shall be securely fastened in place and properly capped. (7) In no case shall any split or broken fittings or pipe be used. (8) No cement or other substance shall be used to conceal, repair or cover any leaks, flaws or defects in pipes, fittings or connections. (9) No gas pipe shall be laid so as to support any weight, except small fixtures, or be subject to any strain, and the judgment of the Inspector in any such matter shall be conclusive. If, in the opin- ion of the inspector, any such gas pipe is so laid as to be subject to any undue weight or strain, cor- rection thereof shall be made in such manner as may be ordered by the Inspector. ~Ir'~. Cly..~ t ~1~1- <A -r \ ~r'\ \ . . . Ch. 5, Art. 5 BUILDING CODES-Regulations, etc.; Gas Piping 47 , (10) All ~as pipe installed beneath any joists ox' ceilin~s, shall be sec1,ll'ely strapped to the bottom or such joists or other secure places with iron stl'aps or gas hooks, and all gas pipes in any location shall be securely fastened to prevent sagging or vibration. (11) l'ljo fil'e test shall be made under any cir- cumstances on any inside work. (12) A master valve shall be installed inside or the basement wall where a service pipe enters a basement and a valve shall also be installed on all furnace supply pipes at least four feet above the floor. (13) All valves used in gas piping shall be of the ground seat type, except the master valve re- quired to be installed on the inside of the basement wall, which shall be a ground core valve. (Sub. Sec. 13, ~9, Ord. 4120, 11-21-31; Amd. ~1, Ord. 4126, 12- 21-31). (14) In no case shall any valve which shall need replacing from time to time or which may require inspection be placed under floors or between walls or in any inaccessible place. (15) All motor valves shall be of the type that will close when electric current is off, unless other sufficient safety equipment is provided. (16) In no case shall a lever handle gas control valve be connected direct to a motor regulator. (17) The point of connection of any pilot light pipe with any furnace fuel line shall be not less than four feet (4) from the gas opening or burner, and all those hereafter installed shall be on the out- let side of the valve on the furnace supply pipe as required by sub-section twelve (12) of Section Nine (9) of this ordinance; provided that this subsection shall apply only to burners having an aggregate gas consumption of more than 60 cu. ft. per hour and that the valve to be installed four feet (4) above the floor as required by subsection twelve (12) of Section Nine (9) of Ordinance No. 4120 which ap- plies only to furnaces having a gas consumption of more than 60 cu. ft. per hour. (Sub. Sec. 17, ~9, Ord. 4120, 11-21-31; Amd. ~ , Ord. 4140, 3-14-32) (18) Every steam boiler having a gas fire shall be equipped with a low water cutout and a pressure limit control device, unless a regular experienced attendant is present and in charge of the same at all times. (19) No extension connection or fitting consist- ing in whole or in part of rubber or flexible tubing shall be used in connection with any gas burning appliance, and every such connection shall be of rigid metal piping with metal to metal joints, ex- cept when it is necessary to use gas in machine shops for blow torch purposes, or in laundry man- gles, and in every such case there shall be but one shut off valve which shall be located in the rigid pipe and in no case at the gas burning device or between the device and the rigid pipe. (~9, Ord. 4120, 11-21-31). 5-510. Installation Requirements. All gas piping and all appliances, appurtenances and devices used 01' designed for use in connection with the same here- after installed in, on or about any premises in the City of Salina, shall be installed and shall be gov- erned by and conform to the following rules, regu- lations and requirements, to-wit: (1) No service pipe from gas Main to any meter shall be less than one and one-fourth inches in diameter. (2) No service pipe from the meter to any hot air furnace or small boiler shall be less than one and one-fourth inches in diameter. (3) No cast iron fittings shall be permitted or used. (4) All fitters installing any gas piping must leave an exact space for the meter and union for connections. (5) No gas shall be turned on until all pipes, :connections, furnaces, stoves, burners and other appliances shall have been inspected and approved by the Plumbing Inspector. (6) No piping or fitting shall be covered or con- cealed from view until inspected, tested and approved by the Plumbing Inspector. (7) All drop or branch lines and openings for side brackets shall be of bracket ells or square bends where practicable, and unless otherwise spe- cially permitted by written permit obtained from the inspector no nipples shall be used in any side bracket lights. (8) In reducing pipe sizes, nipples and reducing fittings must be used and in no case shall bushings be used. (9) All pipes shall be laid above timbers instead of beneath them if possible. All piping must be reamed and free from obstructions. (10) No jointing material shall be placed in the female thread. (11) Unions must be of ground joints and must not be used in concealed construction or places which are not plainly visible, except unions on meters. (12) In disconnecting any appliances all open- ings in house lines shall be capped tightly so as to prevent escape of gas, and this shall be done only 48 BUILDING C.ODES-:-:-Regillations, etc.; Gas Piping Ch. 5, Art: 5 under the supervision: of the Inspector or by an au- thorized representative of the gas company, or by \Some person having a permit to do such work as required by this ordinance. (13) Steam 01' hot water piping connections on either high or low pressure boilers, when necessary in connection with any gas installation, shall be made only by a licensed plumber. (14) Every hot water heating boiler shall be equipped with a water temperature control limiting device. (15) All steam or hot water boilers having lever handle control gas valves shall be connected with either diaphragm 01' water regulators. (~10, Ord. 4120, 11-21-31). 5-511. Connections with Mains-Meters. No per- son except the gas company or its authoriz.ed repre- sentative shali tap or make any connection with any gas main, or any service pipe leading from any gas main to any meter, or shall change, alter or tamper with any regulator or other device used for the pur- pose of regulating the gas pressure, or with any gas meter. The gas company shall make and install all fittings to the meter and all service pipes from the gas main to the property line, including a stop cock at the property line, and no other person shall connect or disconnect any fitting or piping on the inlet side of the meter, or connect or disconnect any gas meter except in case of emergency. (~11. Ord. 4120, 11-21-31). 5-512. Release Gas from Mains. No person other than a duly authorized representative of the gas company shall at any time open any valve releasing gas from the mains of the company into any gas piping system in, or on any premises in the City of Salina, and then only after such system has been approved in writing by the Inspector. (~12, Ord. 4120, 11-21.;31). 5-513. Shut Off Valves at Curb. The gas com- pany shall not connect any gas main in the City of Salina, by means of a gas service pipe, with any premises in the City of Salina, without installing on such gas service pipe either at the curb line or at a point as near thereto as may be practicable, and in any event at a point on such gas service pipe before the same enters upon private property, and at a point which is wholly unenclosed by any building or other structure, a shut off valve by means of which the gas may be shut off or disconnected from such premises, together with the necessary tee box or valve box by means of which access may be had to such shut off valve unless such shut off valve i3 -located - in -. an 'outside underground meter box having an. easily removable manhole. cover. It l!lhaUbe unlawful for the gas. company to permit -a-ny gas. to flow from its gas mains to any. premises.- in the City of. Salina through any gas service pipe hereafter installed unless. such gas :;ervice pipe is equipped with. a shutoff valve as her.e- inabove required, and it shall be unlawful for the ga3 company to permit any gas to flow from its gas mains to any premises within the fire limits of the City of Salina, as now or hereafter established, through any gas servic.e pipe now existing or here- after installed, unless such gas service pipe is equip- ped with a shut off valve as herein provided. All shut off valves so instalLed shall be uniform and all the tee boxes or valve boxes through which such shut offs are reached unless located in an under- ground meter box as above provided for, shall be flush with the surface of the ground, pavement or sidewalk where the same are installed, and shall be plainly marked with the word "gas" and a shut off key which shall fit all shut off valves with a handle sufficiently long to reach all valves so installed, shall be furnished to the fire department and to the Plumbing Inspector by the gas company. (~13, Ord. 4120, 11-21-31). 5-514. Pipe Sizes. The following sizes of pipes shall be required in connection with the installation of all heating, water heating or cooking d-eviees on any gas piping or installation in one or two family dwelling houses or in commercial buildings, where the total number of devices, to one meter, does not exceed one furnace and five additional fires, and where the maximum distance of anyone of Euch fires from the meter does not exceed 50 feet, to-wit: In all such buildings equipped or to be equipped with a central heating plant 1 1/4 inch pipe must be run from meter to heating plant or a full 1 1/4 inch connection left for heating plant. In all cases 1 1/4 inch pipe must be run from the meter to the inside of the building. The following schedule applies in such buildings to all fires with the exception of central heating plant: One fire, use 3/4 inch pipe. Two or three fires, use one inch pipe to first fire; 3/4 inch pipe to second and third fires. Four fires, use 1 1/4 inch pipe to first fire, one inch pipe to second fire and 3/4 inch pipe to third and fourth fires. Five fires, use 1 1/4 inch pipe to first and second fires, one inch pipe to third fire, and 3/4 inch pipe to fourth and fifth fires. . Ch. 5, Art. 5 BUILDING CODES-Regulations, etc.; Gas Piping 49 In cases of extreme long runs of pipe, the pipe size must be increased to such size as may be di- rected by the inspector. In all caGes the pipe must be of sufficient size to carry the maximum installed appliance capacities at one ounce pressure drop. Whenever any gas piping system is installed which does not come within the limits above specifically provided for, or which is installed in buildings or premises other than those above described, the sizes of the pipes used in such installation shall be such as are sufficiently large to properly supply the de- mand which may be used through such system, as the same may be determined from standard tables of pipe sizes in common use, and such as may be prescribed by the inspector and no such system shall be installed until the pipe sizes to be used are ap- pi'oved by the Inspector. (~14, Ord. 4120, 11-21-31). . 5-515. Inspection-Approval, Defective Work Re- moved. If, upon inspection and test by the Inspec- tor, the installation of any gas piping or any part thereof shall be found not to comply with the re- quirements of this ordinance, the same shall be changed, re-arranged, repaired or removed to con- form to this ordinance and with the requirements of the Inspector within such reasonable time as the Inspector may deem necessary, not to exceed five days, and no gas shall be turned on or permitted to flow through any such piping or system until the same shall be inspected and approved by the Inspec- tor, and any work or installation of any kind or any part thereof, which shall not or cannot be repaired or changed to conform to this ordinance and to the requirements of the inspector, shall be immediately removed from any premises by the person installing the same and shall not at any time be used as a part of or in connection with the piping or distri- bution of gas in or upon any such premises. (~15, Ord. 4120, 11-21-31). 5-516. Record-Certificate. The inspector shall keep a record of all inspections of gas piping made by him and when the gas piping system or installa- tion in or upon any premises, after inspection shall be found by him to comply with the requirements . of this ordinance, he shall issue to the party doing any such work, or to the owner of such premises, in duplicate, a certificate of satisfactory inspection, one copy of which shall be delivered to the gas company before gas is turned into such system. (~16, Ord. 4120, 11-21-31). 5-517. Re&ponsibility. This ordinance shall not be construed to lessen the responsibility of any per- son owning, operating, controlling or installing any gas mains, service pipes, distribution pipes con- nections, or gas fixtures, fittings, or appliances for damages caused to any person or property by any defect therein or by the acts or omissions, negligent or otherwise of any such person, or by any failure to comply with the provisions of this ordinance, nor to relieve any such person from any such liability 01' responsibility, nor shall the City of Salina or any of its empioyees or agents be held as assuming any such liability or responsibility by reason of the in- spection authorized and required by this ordinance, or by reason of any failure on the part of the city or any of its agents to make any such inspection or to discover any defect as a result of any inspection required by this ordinance, or on account of the failure of such city or any of its agents to enforce the provisions of this ordinance. (~17, Ord. 4120, 11-21-31). 5-518. Any person who shall violate or fail to comply with any of the requirements of this ordin- ance or any requirements, order or direction of the Plumbing Inspector given pursuant to this ordinance shall upon conviction be deemed guilty of a mis- Cemeanor and upon conviction shall be punished by fllle or not less than $25.00 nor more than $100.00, or by imprisonment not to exceed 30 days or by both such fine and imprisonment, for each such offense. (S18, Ord.4120, 11-21-31). 5-519. Wherever the term "person" is used in this ordinance, it shall be deemed to apply to any cor- poration, co-partnership or association and to any officer, manager, member, agent, servant or repre- sentative thereof to the same extent as if each of such had been specifically mentioned herein. (~19, o rd. 4120, 11-21-31). f 1.14 i \ . (Published in the Sal~Y'a tTOllrnal lS40) U~::DL.AtiJCE NO. 4982 MY OPDIANCE a.mending Subsection (5) of section 5-509 of' the Revised Orclj --lances of the city of Sa.lina~ Kansas, 1939, being subsection (3) of Section 9 of Ordir..ance :No. 4120~ rele,ting to and requiring the venting of r;as heating deviees~ and repealing said ori~;inal subsection. i3E rr OLDLL:ED by t':;e \3o<:'_rd of Com.llli ss O:'lers of' the City of Su.L.lla, ~:8.;lsas: . Section 1. That subsection ill of ~ectio::l 5-509 of the Revised ordLlftnCeS of the City of Sa1:\na 1939, bei~ls subsection (3) of Section 9 of Ordinance lIO. 4120 be ana the sar,le isr~ereL)Y amended to read as follows: "(3) !!''very gas heating device hereafter :J.nstalled, 1Y:icludinf"; i;a.s water hee-ters, cut not including the ovens of cas cookj.ng stoves. shall oe eq1..1.ipped vvith 8. ;ood 8.Y'.d sufficient fhJe or vent cOnYlection through vrhich unburned gas a:ld other fumes fror"l an~r such device may flow out of the prelf,ises, and no flue or vent '.1.sed for such nurpose shal1..be used for a::lY =.mrpose except as a flEe or vent, and these re~ule.tions shalJ aT"::,l;)' to existinc systems or installations vlhen ~n the ludgment of the ?luI\1binC Ins~ector the sa.me is necoss8ry to the safety of the occupants of seJ.d premises.t1 Section 2. That orizinal subseotion (3) of Section 5-509 of the ~{evised urdbance of the City of ;3a1ina 1939~ being suosection (3) of Section 9 of Ordi::l8.nce <H20, be 8.nd the saile is hereby repealed. SectiC:ll 3. This ordine.nee shall take effect and c:e in force from and a.fter its (y,blication in the official city paper. Introduced, Imvember 13, 1940 Passed, IIJOVeiilber 2.J~ 19i1Q Attest: Chas. E. Banker Cit~rk Ed r,~orgenstern l.~ayor . . . . Ch. 5, Art. 6 BUILDING CODES-Regulations, etc.; Signs 51 ARTICLE 6.-Signs. 5.601. Permits for signs. No person or persons, corporation or company shall erect or cause to be erected 01' re-erected within the limits of the City of Salina, Kansas, any sign upon or attached to any building, across or over any street or public highway therein, without first, before proceeding with the e,rection or hanging of any such sign in said City, ob- taining a permit for such erection or hanging from the Building Inspector, and it shall be unlawful to pro- ceed with the erection or hanging of any sign unless such permit shall first have been obtained. All 3uch signs hereafter constructed or erected shall comply with and be erected in accordance with the provisions of this ordinance. (~1, Ord. 3021, 8-25- 24). 5-602. Application for permit; fees. Before a per- mit is issued by the Building Inspector, the applicant therefor shall sign an application in writing, which shall show the proposed location, size, nature and method of construction of such sign, and any other information which the Building Inspector may re- quire in connection therewith. If the sign to be erected, as shown by such application, conforms with the provisions of this ordinance, the Building In- spector shall, upon payment of a fee of 50c therefor, issue such permit. All such fees collected by the Building Inspector shall be by him paid into the City Treasury between the 1st and 10th of the month following their collection, with a report in duplicate to the City Clerk, showing from whom and for what purpose such sums were collected. (~2, Ord. 3021, 6-25-24). (See 13-1406, G. S. 1935). 5-603. Construction of Signs. All signs hereafter erected or re-erected within the fire limits as now or hereafter defined shall be either of metal or other non-combustible material, (or of wood construction with both faces, or back and face, wholly covered by metal.) Wood signs now in use may be reconstruct- ed or rc-erected, if the back of signs flat against the building are covered with metal. Temporary cloth signs may be erected and maintained upon special permit secured from the Building Inspector, and under such regulations as the Building Inspector may require, but no such temporary cloth sign shall be used for more than thirty days, and no permit therefor shall be issued for a longer period. No sign of any kind shall be erected upon, or attached to any building within the fire limits except upon a permit applied for and issued in the manner pro- vided for in Sections 1 and 2 of this Ordinance. (~3, Ord. 3021, 6-25-24; Amd. ~1, Ord. 3473, 10-5-27). 5-604. Projecting or Hanging Signs-Regulations. ~.f That no sign hereafter erected or constructed or re- erected, . reconstructed or rebuilt, in the City of ~ Salina, Kansas, attached to or projecting from any ~~ building, structure,. post or other fixture, shall pro- ject into or hang over or across any street or public \\ q13 thoroughfare, (including that part thereof occupied ~ 3+ I by any sidewalk or parkway) a distance of more f' than 6 feet from the perpendicular side of the build- ing, ~re, post or other fixture to which any such sign may be attached or affixed, and in no event more than six feet from the property line be- tween the street and the private property upon which any such building, structure, post or other fixture is located and the lowest part of any such sign shall be at least ten feet above any such sidewalk or other portion of the street or public thoroughfare above which such sign is erected, except that flat signs made of one thickness of metal only and having an area on one side of three square feet or less and the outer edges of which do not extend more than two feet from the building or structure to which they are attached may have the lowest edge thereof not less than eight feet above any such sidewalk or other portion of the street directly underneath the same. Any sign, now existing, which projects into or hangs over or across any street or public thor- oughfare or any portion thereof, the lower edge of which is closer to the sidewalk or other portion of such street directly underneath the same than the distance herein provided for the classes of signs herein described shall be immediately removed by the owner thereof upon notice from the building in- spector, and if any such owner shall refuse or ne- glect to remove any such sign upon receipt of such notice the building inspector shall, and he is hereby authorized to remove any such sign; Provided, how- ever, that the City shall have the right at any time to change the requirements or specifications for any such signs or any other sign heretofore or hereafter erected which project into or hang over any street or part thereof or to order the same removed at any time hereafter and any permit for the erection or re-erection or construction of any such sign may be revoked at any time by the Board of Commis- sioners of the City of Salina. (~4, Ord. 3021, 6-25- 24; Amd. ~1, Ord. 3800, 10-14-29; Amd. ~1, Ord. 38il~, 3-1-30). 5-605. Signs flat against building. All signs erected flat against any building or structure shall be securely anchored to such building or structure in a manner sufficient to withstand the weight of the sign and the probable wind pressure, the method of anchoring such signs in each case to be approved by the Building Inspector. (~5, Ord. 3021, 6-25-24). 52 ~u1tmNG CODE~Reguiations, etC., SignsCh,~, A~..6 . 5.600. Swinging on poles;' attached .to trees or I been made him, or. whenever 'he deems such inspec- posts;. prohibited. No sign hereafter erected, or re- tion necessary. If the Inll]?ector shall, ~t an}' time, erected over or across any street or public thorough- find. any sign insecurely anchored o.r in any manner fare or over or. across any sidewalk or parkway therein except signs having an area of 4 square feet or less, and not extending more than 3. feet from the building to which attached, shall be allowed to hang on a pole or rod in such a manner that the same will swing with the wind, but shall be anchored so that the same will be rigid and self-supporting, and no such signs shall have less than two side guy wires and one guy wire supporting same from the top, except by special permission from the Building Inspector when he may deem such guy wires un- necessary. No sign, which is now or hereafter erect- ed, shall be supported by a post or support placed in or upon any street or public thoroughfare within the City of Salina, or in or upon any sidewalk or parkway therein, nor shall any such sign be sup- ported by or attached to any tree in or upon any such street or other thoroughfare or any parkway or sidewalk therein. (96, Ord. 3021, 6-25-24). 5-607. Signs on hinged brackets; exceptions. All signs hereafter erected or re-erected, attached to buildings or structures and extending over. a side- walk, street or public thoroughfare, except signs having an area of 4 square feet or less and extend- ing not more than 3 feet from the building, shall be erected with hinged brackets, the center of action of which shall be not more than six inches from the building or other structure to which the same is at- tached, so that the sign will swing to the building without falling, should the side guy wires or braces become loosened from any cause. The supports for any such sign shall be fastened to the building or structure in a safe and secure manner, sufficient to support the signs and to withstand the probable wind pressure, and shall be subject to the approval of the Building Inspector. (~7, Ord. 3021, 6-25-24). 5-608. Signs inspected and approved. All sig'ns hereafter erected under the provisions of this or- dinance shall have the final inspection and approval of the Building Inspector upon notice to him of the completion of such sign, such approval to be evi- denced by a certificate to that effect signed by the Building Inspector. Any person or corporation fail- ing to notify the Building Inspector promptly upon the completion of any sign shall be deemed guilty of a violation of this ordinance. (~8, Ord. 3021, 6-25-24). 5-609. All signs subject to inspection; unsafe signs removed. All signs now or hereafter erected shall be, at all times, subject to the inspection of the Building Inspector or whenever any complaint has unsafe or in s,uch condition that it or ,any support or part thereof is liable to fall or brea,k, he shall have authority tQeither orlier the same entirely removed or to.order the same ~obe repaired or secured in such a manner as he may deem necessary, if, in .his opini'on, it can. be safely repaired or secured. Any person, whether the owner of the .sign or building to which it is attached or in charge of such building or the occupant thereof, or the agent, representative, officer or member of any firm or corporation owning such sign or owning or occupying such building, or in charge thereof, who refuses to comply with any such order shall be deemed guilty of a violation of this ordinance. (~9, Ord. 3021, 6-25-24). 5-610. Signs unsafe or contrary to ordinance; abated and removed as nuisance. Any sign hereafter erected or maintained contrary to the provisions and requirements of this ordinance, or any sign which may at any time be deemed by the Building Inspec- tor to be in an unsafe condition, shall be deemed and is hereby declared to be a nuisance and may be abat- ed and removed at the cost of the owner thereof in the same manner as now provided for the abatement and removal of other nuisances. (~10, Ord. 3021, 6-25-24) . 5-611. Signs which may be supported by rod. Flat signs having an area of 4 square feet or less on one side thereof, which do not extend more than 3 feet from the building to which they are attached, may be supported by a pole or rod securely fastened to the building in a manner satisfactory to the Build- ing Inspector and shall be otherwise supported in such a manner as the Building Inspector may direct, (~1l, Ord. 3021, 6-25-24). 5-612. Violation of Sections 5-601 to 5-611; pen- alty. Any person who violates, neglects or refuses to comply with or who resists or opposes the enforce- ment of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not less than $10.00 nor more than $200.00 for each offense. Whenever in this ordinance the word "person" is used, the same shall be deemed to apply to any agent, representa- tive, member or officer of any firm or corporation owning or in charge of any signs in this ordinance mentioned, or owning, occupying or in charge of any building to which such sign may be attached, or re- sponsible for the erection or maintenance of any such sign. Each day's continuance of any offense herein defined shall be deemed to be a separate of- . Ch. 5, Art. 6 BUILDING CODEs.-Regulations, etc.; Signs 53 fense and violation for each day in which such vio- lation, neglect or refusal shall continue. (~12, Ord. 3021, 6-25-24). bel' of Commerce is hereby granted permISSIon to erect an electric sign, advertising the City of Salina, across Twelfth Street at the intersection of Twelfth Street and Bishop Street. Said sign to be placed on the parking inside the curb line and parallel with the lot line on Bishop Street east and west. (Reso- lution adopted by City Council, September 2, 1916). 5.613. Chamber of Commerce; sign across Twelfth Street at Bishop. Resolved by the Mayor and Coun- cilmen of the City of Salina, that The Salina Cham- . . (Published in the Salina Journal June 5, 1940) ORDINANCE NO. 4973 AN ORDINANCE relating to projecting or hanging signs. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Projecting or hanging signs as described in Section 5-604 Revised Ordinance 1939, hereafter erected or constructed may extend a distance of not more than seven (7) feet from the perpen- dicular side of the bUilding. structure. post or other fixture to which the same may be attached or affixed and in no event more than . seven (7) feet from the property line, instead of six (6) feet as provided for in Section 5-604 Revised Ordinances 1939; Provided that all other provisions of said Section 5-604 shall remain in effect and unchanged as therein provided. and that the penalty for the violation of said Section 5-604 shall be and remain in effect with respect to any violation of this ordinance. Section 2. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, May 27, 1940 Passed, JUne 3, 1940 Attest: Ed Morgenstern Mayor Chas. E. Banker City Clerk . y.>S3+i . . . Ch..5, Art. 7 BUILDING CODES-Re~ulations, etc.; Bill Boards ARTICLE 7.-Bill Boards. 1)-701. Classification. For the purpose of this or- dinance, 'billboards and signs shall be divided into three classes, to-wit: ground signs, roof signs and wall signs. A ground sign shall be deemed to in- clude any billboard, signboard or other structure, including fences, erected or used fOl' advertising purposes, and not used as a wall on any permanent building or attached flat against the wall of any such permanent building. A wall sign is a sign painted, posted, or otherwise attached to or display- ed upon the wall of a permanent building. A roof sign is any sign erected above any building. (U, Ord. 3999, 1-8-31). 5-702. Definition. The business of outdoor ad- vertising shall be deemed to include the business of owning, operating, el'ecting, constructing and/or maintaining wall, roof or ground signs for the pur- pose of showing, painting, pasting, or otherwise dis- playing thereon or attaching thereto the advertising matter of any person other than the person owning, operating, erecting, constructing andlor maintaining such ground, roof or wall sign. (~2, Ord. 3999, 1- 8-31) . 5-703. Conform to Zoning Ordinances. Nothing contained in this ordinance shall be deemed to permit the erection, construction or maintenance of any bill- board or sign of any nature whatsoever in any lo- cation in the City of Salina where the erection, con- struction andlor maintenance of the same is or may be otherwise prohibited by the zoning ordinance of the City of Salina; or in any commercial district where commercial buildings are restricted to resi- dential type and residential set back, as defined in the ordinances amending said zoning ordinance; or in any other location in the City of Salina except where the license or permit thel'efor and the location of such sign or billboard shall be specifically approv- ed by the action of the Board of Commissioners of the City of Salina; and wherever in this ordinance provision is made for the issuance of any license or permit, no such license or permit shall be issued by the City Clerk or any other officer of the City of Salina until the same shall have been specifically approved and authorized by the Board of Commis- sioners. (~3, Ord. 3999, 1-8-31; Amd. ~1, Ord. 4043, 4-11-31). 5-704. Other Regulartory Ordinances. Nothing in this ordinance shall be deemed to apply to signs hanging over or extending over any street or part thereof in the City of Salina, which signs are gov- erned and regulated by other ordinances of said city. (~8, Ord. 3999, 1-8-31). 5-705. Licenses; Permits; Application.. No person shall en~age in the business of outdoor advertising at any location within the City of Salina without first securing, annually, a license from the City of Salina to conduct such business in the City of Salina; and without first having paid the annual license fee or occupation tax, and filing the bond herein pro- vided for. Any person desiring to engage in such business, and desiring to erect andlor maintain signs or billboards, shall file a written application with the City Clerk for such license, and for a permit to erect any additional signs or billboards, which shall state the name and address of the applicant, the size and location of the billboards or signs being operated or maintained by such applicant and of any additional signs or billboards which he may desire to erect and maintain. When any such application for a license OI' permit, or both, is filed, the applicant shall de- posit with the City Clerk the amount of the license or occupation tax, the inspection fees and bond here- inafter provided for. (~5, Ord. 3999, 1-8-31). 5-706. Same-Amounts. Every person engaging in the business of outdoor advertising in the City of Salina shall pay annually a license or occupation tax therefor, which shall be based on the number and size of the billboards andlor signs owned, main- tained and I or operated by such person, as follows: POI' each sign or billboard or separate panel being of a dimension of 25 feet by 11 feet, or less, 50c. For each additional 200 square feet or fractional part thereof of any sign or billboard, or panel there- of, 150c; provided, that no single sign or billboard, or panel thereof, shall have an area in excess of 600 square feet; and provided further, That the minimum annual license or occupation tax to be paid by each person engaged in such busi- ness shall be $100.00. (~6, Ord. 3999, 1-8-31). 5-707. Inspections. When any such application for a license to engage in the business of outdoor advertising is filed with the City Clerk, properly filled out as herein provided for and signed by the applicant, and when any application for a permit to erect and maintain billboards or signs has been filed, which applications shall state the size and loca- tion of each existing or proposed billboard or sign, and there has been deposited with the City Clerk of Salina, Kansas, the license tax and bond as here- inafter provided, together with an inspection fee of 50c for each billboard or sign, or panel thereof, then erected or thereafter to be erected, the City Clerk shall refer such applications to the Building Inspec- tor of the City of Salina, who shall inspect the bill- .55 56 BUILDING CODE~RegUiations, .etc.; Bill Boards Ch. .5, Art. .'i boards or signs de~cribed in silid applications, and I shall contain the written 'consent. Qf the principal and the proposed 10catlOn of new billboards '01' signs. surety that any suit instituted thereon may be If,upon the. i~sp~ction of any existing sign or bill- brou~~t in Sa~ine, County,. Kansas. (~9, Ord. 3999, board, the BUildIng Inspector shall find it is con- 1-8-31);. . . structed in accordance with. this, and any other 01'- .' . dinance of the City of Salina applicable thereto, 5-710.. Issuance of License. Upon the return of then the Building Inspector shall indorse such. find- an application by the Building Inspector to the City ing on the application and shall return it to the City Clerk with his approval of any such sign or bill- Clerk. In the event the licensee shall file an appli- board and the location thereof, or in the event any cation for a permit to erect, construct and maintain application has been referred to the Board of Com- additional boards, the Building Inspector shall in- missioners, upon receiving authority from the Board spect the proposed location and shall endorse on the of Commissioners, and upon. a showing that the application his finding as to whether or not such license or occupation tax, the bond filed and the in- proposed billboard is in a place authorized by this spection fees have been paid, the City Clerk shall and any other existing ordinance of said city, and issue a license to such applicant covering only the shall return the same to the City Clerk. If the ap- locations specifically described in such application. plication is approved, the applicant may construct (~10, Ord. 3999, 1-8-31). such billboard, a.nd upon its' completion, the Building 5-711.. Refunds on Fees. If, in any caSe, the Inspector shall inspect such sign or billboard upon Building Inspector or the Board of Commissioners notice from the licensee of its completion and if he as the case may be, shall reject the application of finds the same has been erected in compliance with any person for the permit to erect, construct and/or this ordinance, he shall indorse such findings on the .naintain any sign or billboard at any particular 10- original application and the license therefor shall 'cation, for which such person has deposited the li- be issued as herein provided. (~7, Ord. 3999, 1-8-31). cense fee as required by this ordinance, the amount so deposited for said fee shall be returned by the City Clerk to such person, but in no event shall the inspection fee be returned. (~11, Ord. 3999, 1-8-31). 5.708. Board of Commissioners to Pass on Appli- cations. If, in any case, the Building Inspector is in doubt as to whether or not any sign or billboard inspected by him, or the location or proposed location thereof is in conformity with the provision. of this and any other existing ordinance of the City of Salina, then he shall return such application, with his findings and recommendations thereon to the City Clerk who shall present such application and the Building Inspector's report to the Board of Com- missioners. In such case, the Board of Commissioners shall consider the same, and if in their opinion, the sign or billboard in controversy and the location or proposed location thereof, complies with the provi- sions of this and any other existing ordinance, then in such event, they shall instruct the City Clerk to is- sue a permit to erect such billboard or sign at such location. If the Board of Commissioners are of the opinion that any such sign or billboard, or the loca- tion or proposed location thereof, is in violation with this, or any other ordinance, then such appli- cation shall be rejected. (~8, Ord. 3999, 1-8-31). 5.709. Bond Required. No license shall be issued to any such person as herein provided for until such person shall file with the City Clerk a good and sufficient bond in the sum of $500.00, conditioned that he will comply with all of the terms and con- ditions of this ordinance, with a corporate surety authorized to do business in this state, which bond 5-712. Licenses; Expiration. Any license herein provided for, when issued by the City Clerk, shall expire on the 31st day of December following the date of the filing of the application therefor. (~12, Ord. 3999, 1-8-31). 5-713. Conformance with Regulations, Required. No sign or billboard, governed by the provisions of this ordinance, shall be erected, constructed or main- tained within the City of Salina unless the same shall be erected, constructed and maintained in ac- cordance with the provisions of this ordinance, as hereinabove or as hereinafter set forth. (~13, Ord. 3999, 1-8-31). 5-714. Ground Signs; Setbacks. Every ground sign now or hereafter located, constructed, owned, operated and/or maintained in the City of Salina by any person shall be set back from the street line a distance at least equal to the extreme height of such ground sign from the ground upon which it is located, except where located on State or Federal Highways, where such set back shall be not less than 25 feet from the street line of such street, and except that electric arms for the illumination of any such sign may extend not more than six feet in front of such sign. If any buildings have been construct- ed on the same side of the street within the block . Ch. 5, Art. 7 BUILDING CODES-Regulations, etc.; Bill Boards on which said sign is located such sign shall not be constructed or maintained nearer to the street line than the front line of any building next adjacent, on either side, to such sign. In no event shall any such sign be located nearer than 25 feet from the corner of any intersection street. (~14, Ord. 3999, 1-8-31). . 5-715. Ground Signs; Requirements. No ground sign shall extend more than fifteen feet in height from the ground nor shall the bottom of the solid portion of any such sign be closer than two feet to the ground, provided that the space beneath such sign may be filled in with decorative lattice work. No such sign nor any part thereof or any ornamen- tation connected therewith shall be erected, con- structed 01' maintained within three feet from the side line of any lot or tract of land upon which the same may be located or nearer than five feet to any build- ing, or within three feet of any other such sign, provided that the space between any such signs may be filled in with decorative lattice work. No such ground sign shall exceed 50 feet in length. Each such sign shall be of modern, safe and sub- stantial construction, sufficient to make it safe from the ordinary hazards of windstorm and fire and the method of construction shall be subject to the ap- proval of the Building Inspector. Each such sign shall be maintained at all times in accordance with such requirements. (~15, Ord. 3999, 1-8-31). 5-716. Area around signs to be kept free of weeds etc. All of the ground owned or leased by the li- censee for the erection, construction and mainten- ance of a billboard or sign, and in any event all ground between such sign and the street which it faces, and for five feet on each side thereof, shall, at all times be kept free from weeds, trash or other debris and unsightly material and in a sanitary condition by the person owning, operating or main- taining such sign. (~16, Ord. 3999, 1-8-31). 5- 717 . Wall Signs; Regulations. No wall sign shall be erected and/or maintained unless the same be painted or posted directly upon the wall of a building, or attached or affixed directly to and flat against such wall, provided that arms for the illumi- nation of any such wall sign may extend not to ex- ceed six feet in front of any such sign and shall be not less than ten feet above the ground or sidewalk level. Any such sign when attached to any such building shall be firmly anchored to the building in a manner satisfactory to the Building Inspector and so as to make the same safe and secure and no such sign or any parts thereof or appurtenances . thel'eto shall cover or interfere with any door or win- dow or fire escape of any such building, provided, however, that any sign so erected flat against any wall may extend far enough from said wall to per- mit the safe and proper construction of the same; and provided further that no such wall sign shall be erected and face any alley. (~17, Ord. 3999, 1- 8-31). 5-718. Roof Signs; Requirements. Every roof sign shall be wholly of metal and of steel frame and ~onstruction, and shall be safely and securely an- chored to the building in a manner satisfactory to the Building Inspector, and in such a manner that the maintenance thereof will not be dangerous to the public. (~18, Ord. 3999, 1-8-31). 5-719. Licenses; Exemptions. That part of this ordinance requiring the securing of a license and the payment of a license or occupation tax shall not apply to any sign or billboard owned, leased, main- tained and/or operated exclusively by the person whose business is advertised thereon, and which is used exclusively for the purpose of advertising the business of or commodities sold or dealt in by any such person, but each and every other provision of this ordinance shall apply to each such sign or bill- board; and each person so desiring to erect or main- tain such sign shall make proper application annual- ly, to the City Clerk for a permit to erect and/or maintain the same and make a deposit of the inspec- tion fee required by this ordinance, which applica- tion shall be delivered to the Building Inspector who shall inspect the same is in this ordinance provided, and all other provisions of this ordinance shall apply to such sign, the construction and the maintenance thereof. Any permit issued pursuant to this or- dinance shall expire on December 31st following the issuance thereof. (~19, Ord. 3999, 1-8-31). 5-720. Advertisement of Personal Business; Re- quirements. Any person who desires to construct own, operate and maintain any sign or billboard for the advertisement of his own business or of com- modities sold or dealt in by such person, but who is not required to secure a license as required herein, shall file annually an application with the City Clerk for a permit to maintain such signs or bill- boards giving the location or proposed location of any such signs or billboards, and shall deposit with the City Clerk the inspection fees as provided for in this ordinance, which application shall be referred to the Building Inspector, who shall thereupon pro- ceed to make an inspection thereof in the same man- ner as hereinbefore provided. If upon such inspec- tion, the Building Inspector shall find that the con- 57 58 BUILDING CODES-Regulations, etc.; Bill Boards Ch. 5, Art. 7 ::;truction of any such sign or billboard does not con- 1\, owned, operated, and/or maintained within the City fOl'm with the provisions of this ordinance or that of Salina in violation of any of the provisions of the location or proposed location thereof is in viola- ! this ordinance or of any other existing ordinance, tion of any of the provisions of this ordinance or of I the Building Inspector shall immediately notify the the provisions of any other ordinance in the City of'\liCenSee thereof, or the person owning, maintaining Salina, he shall endorse such finding on the applica- and/or operating the same, or the owners of the tion, and no sign or billboard shall be erected at such land upon which the same is located, of such vio- location, and if erected any such sign or billboard lation, and if within ten days from the giving of shall be promptly removed from such location. If such notice any such person shall not remove such upon such inspection the Building In::;pector shall sign or billboard, or shall fail to comply with any find that the sign or billboard or the proposed sign of the provisions or the ordinance which are being 01' billboard, and the location thereof conforms with violated, the Building Inspector shall remove such this and other provisions of the ordinances of the sign or billboard at the expense of any such person, City of Salina, he shall endorse such finding on the which expense shall be reported to the Board of Com- application and return the same to the City Clerk, missioners by the Building Inspector and assessed who shall thereupon issue a permit ror the main- against any such person or the land upon which such tenance and operation of such sign or billboard. billboard is located, and collected as other special (920, Ord. 3999, 1-8-31). taxes are collected, or the same may be collected under the provisions of the bond herein required, and in addition thereto, the license or permit issued for any such sign or billboard may be revoked by the Board of Commissioners. (925, Ord. 3999, 1- 8-31). 5-721. Name. The name of the person owning, operating and/or maintaining any sign or billboard governed by the provisions or this ordinance shall be attached in a conspicuous place to each such sign or billboard. (921, Ord. 3999, 1-8-31). 5-722. Single Bond Required. Only one bond, as required by this ordinance, shall be required of any applicant for a license as provided for herein, and if any person applying for a license shall have pre- viously filed such bond and the same shall be in rorce and effect, no additional bond shall be required for the issuance of such additional license. When- ever any bond shall expire or be cancelled by the surety, and the licensee shall rail within 10 days thereafter to file a new bond, the license of such person shall be cancelled by the Board of Commis- sioners. (922, Ord. 3999, 1-8-31). 5-723. Real Estate Signs. This ordinance shall not apply to signs having an area of not more than thirty-six square feet, located on real estate within the lot lines, and advertising such real estate for sale or rent. (923, Ord. 3999, 1-8-31). 5-724. Pasted Posters. No person shall permit any pasted posters to remain on any sign or bill- board after such posters or any part thereof shall have been loosened 01' torn from any such sign or billboard, and every person shall, when any such pos- ter or any part thereof becomes loosened from any such sign or billboard, immediately remove such poster, and every part thereof, therefrom. ({i24, Ord. 3999, 1-8-31). 5-725. Violations-Notice Removal of Signs. If any sign or billboard is now or hereafter erected, 5-726. Definitions. The term "person" as used in this ordinance shall be deemed to include any indi- vidual, co-partnership, association or corporation, or any agent, servant, representative, member, officer, manager or director thereof. ({i26, Ord. 3999, 1- 8-31) . 5-727. Violation; Penalty. Any person who shall violate or shall fail to comply with any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10.00 nor more than $25.00 for each offense, and each days continued violation of or failure to comply with this ordinance shall be deemed to constitute a separate offense, and pro- vided further that upon conviction of more than one violation of this ordinance in any year by any person required to have a license under the provisions of this ordinance, the license of such person may be revoked by the Board of Commissioners of said city. ({i27, Ord. 3999, 1-8-31). 5-728. Saving Clause. If any sentence, clause or section of this ordinance shall be held to be uncon- stitutional by the final judgment of any court of competent jurisdiction, such judgment shall be deem- ed not to effect any other sentence, clause or section hereof, and it is hereby declared that each sentence, clause or section of this ordinance is hereby adopted and would have been passed, independently of each and every other sentence, clause or section hereof. (~28, Ord. 3999, 1-8-31). . . . Ch. 5, Art. 8 ARTICLE 8.-B9use Mo\'in~.. BUILDING CODES-Re~ulations, etc.; House Movin&, 5-801. Hoving house or buildin~; permit required. That nQ person or persons, either as an individual 01' as the agent, employee, officer, representative 01' member of any firm 01' corporation shall move any house 01' other building, or any part thereof from one place to another within the City of Salina, Kan- sas, and through, over, on or across any street, ave- nue, alley or other public thoroughfare within said city, without first making application for, and se- curing a pel'mit so to do from the city clerk of said city. The application shall contain a description of the building, its location, the location to which it is to be moved and the proposed route; and for such permit such applicant shall pay to the City of Salina, Kansas, at the time such application is filed, a fee of two dollars ($2.00) to be paid to the city clerk. (SI, Ord. 2947, 3-8-24). 5-802. Building inspector; fire chief approve route; clerk issue permit. Before any such application is filed it shall be referred to the Building Inspector of the City of Salina, Kansas, who shall inspect any such house or building described in such application, and, if, in his opinion, such house or building 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 intended, he shall endorse his certificate of approval upon the application. If the application is approved by the Building Inspector he shall submit the same to the Fire Chief for his 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 rejected, the Fire Chief shall note thereon a route which is satisfactory to him. When such application is filed, with the certificate of such Build- ing Inspector and Fire Chief noted thereon, the City Clerk shall issue the permit provided for in the preceding section hereof. (~2, Ord. 2947, 3-8-24). ing and replacill&' such wires. The owner or person in~harge of such wires shall, within a reasonable time . after the hour mentioned in such notice, re- move said wires for a sufficient length of time to pel'mit such moving, and the entire cost and expense of removing, cutting and replacing of said wires, in- cluding 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 any such house or other building, shall be paid by the person or persons mak- ing such request, providing however, that where such wires are less than twenty (20) feet above the sur- face of the street the owner shall remove and re- place the same without charge; provided, however, that if by the terms of any existing franchise or ordinance, any person, 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 cor- poration 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 the street. (~3, Ord. 2947, 2-8-24; as amended by ~1, Ord. 2963, 4-14-24). 5-804. Moving along certain streets prohibited. It shall be unlawful for any of the persons mention- ed in section 1 of this ordinance 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 in said city 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 Board of Commissioners. (~4, Ord. 2947, 3-8-24). 5-805. Standing in streets; signals. It shall be un- 5-803. Removal of wires; charges. Any person lawful for any of the persons mentioned in section or persons desiring to move any such house or other 1 of this ordinance to permit any such house or other building, on, over or across any street, avenue, I building to stand in or upon any street, avenue, alley or other public thoroughfare, across or alley or any other public thoroughfare in said city along which any telegraph, telephone, electric light between the hour of sunset and the hour of sun- or fire alarm wires have been placed, shall give to rise without placing and maintaining between such the person, firm or corporation owning or in charge hours aforesaid, in a conspicuous position ,on said of such wires at least twenty-four (24) hours' writ- house or other building, at least three red lIghts or ten notice of the time and place, when and where, lanterns on each side of such house from which di- it may be necessary to cut or remove such wires to re.ction any traffic may approach, and without plac- permit the moving of such house or other building ing and maintaining between such house, upon any and shall deposit in advance with such person, firm and all apparatus or equipment used in connection or corporation the estimated cost of cutting, remov- with such house moving, and remaining in any such 59 60 BUILDING CODl!lS-Re~illations, etc.;, House M~ving Ch. 6, Art. 8 street and thoroughfare, a sufficient nu~ber of red lights or lanterns so as. to make the same visible to all approaching traffic. (~5, Ord. 2947, 3-8~24). 5.806. Signals at ends of block. If any.such house or other building 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 per- son, firm or corporation 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 passing of traffic, for the purpose of notifying users of such street that the same is blocked and impassable, and any such sign shall be sufficiently lighted at night 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 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 of Salina. (~6, Ord 2947, 3-8-24). 5-807. Extending over curb line. No house or other building shall be moved over, through, on or across any street, avenue, alley or other public thoroughfare in the City of Salina, where any part of such house or building extends over either curb line of such street, alley or public thoroughfare, ex- cept in the block from which or into which the house is to be moved. (~7, Ord. 2947, 3-8-24). 5-808. Trees; trimming; supervision; responsibil- ity. (Sec. 12-1611, G. S. 1935). No tree nor any branch, limb or part thereof shall be broken, cut off or removed by any such person or persons for the purpose of moving any house or building; ex- cept under the direction and supervision of the Park Commissioner of the City of Salina 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 said park commissioner. Any person so breaking or removing any tree or part thereof as herein provided for or who shall direct or request such breaking, cutting or removing, or who may be responsible therefor, shall pay the expense of such supervision and the expense of any employ- ees of said Park Commissioner or of the City of Salina in and about such supervision or in the cut- ting or treatment of such tree, provided however, that this section shall not be deemed to permit the cutting or trimming of any tree contrary, to the pro- visions of the laws of the State of Kansas, nor to re- lieve any such person of any liability on account of any such cutting or trimming as provided for by the laws of the State of Kansas, and provided further that for the purpose of this section, the Park Commission- er Qrhis ~mployees or other employees of'the City' of Salina, shall, when engaged, in the cutting, trim- ming or removing of any tree or part thereof for the purpose of permitting any house or building to be moved, or when engaged in anY manner in trimming or cutting any tree or part thereof at the directi()n or request of any such person, be deemed to be the agent and representative of the person on whose be- half such cutting and trimming is done, and who secured the permit for moving such house or other building, and such person shall be responsible for the acts of such Park Commissioner or any other such employees in connection with the cutting, trim- ming or destruction of any such tree or trees or parts thereof. (~8, Ord. 2947, 3-8-24). 5-809. Violation of ordinance; Penalty. Any pel'- son, either as an individual or as the officer, agent, representative, employee or member of any firm or corporation, and whether as the owner or as the representative of such owner of the house being or to be moved, or whether as the contractor for the moving of any such house, who shall violate any of the provisions of this ordinance, or who shall order, direct, authorize or permit the violation of any of the provisions of this ordinance shall be deemed, upon conviction thereof, guilty of a mis- demeanor and shall be fined not less than fifty dol- lars ($50.00) nor more than $100.00 for each viola- tion, provided, that each and every violation of any provision of this ordinance shall be deemed a sep- arate offense and that each separate day's violation of the provisions of this ordinance shall be deemed a separate offense and provided further, that the per- son making the application for the permit provided for in this ordinance, 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 ordinance by any other person in any way con- nected 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 ordinance of which such person may be found guilty. (~9, Ord. 947, 3- 8-24). 5-810. Bond required; sureties. That before the issuance of any permit by the City Clerk, as pro- vided for in section one (1), the applicant therefor shall file with said City Clerk a bond in the sum of $2,000.00, conditioned that said applicant shall and . . will carry out and perform all of the duties imposed upon him by the provisions of this ordinance, and that such applicant will indemnify and save harm- less the said City of Salina 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 such house or building or on account of the omission or commission of any act in connection therewith, and indemnifying the City of Salina and the public and any and all persons against any injury, damage 01' loss suffered by them or caused by reason of said moving or resulting therefrom or from the viola- tion of any of the terms of this ordinance. Such bond shall be approved as to form by the City At- torney of the City of Salina and as to the sufficiency of the sureties by the City Manager of the City of Salina. No surety company shall be accepted as such surety unless it shall be authorized to do business in the State of Kansas and shall have an authorized representative in the City of Salina, and any such bond shall provide that the City of Salina or any in- dividual 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 liabil- ity by giving ten days notice in writing of such cancellation to the City Clerk, to take effect at the expiration of said ten days, and after the giving of such notice, no permit shall be issued to the prin- cipal and in such bond until he shall file another BUILDING CODES-Regulations, etc.; House Moving bond as required by this section. (~10, Ord. 2947, 3- 8-24). 5.811. Moving hQuse Qr building; planking re- quired. That no house or othel' buildings shall be moved over or along any paved street in the City of Salina unless planking not less than ~ 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 such rollers; Provided, that where any such house or building has a total floor area on all floors intended for living or business purposes, of 1250 square feet or less, the person moving the same may, with the consent and written permission of the City Engineer, on a showing made to such engineer that such house or building can be moved without planking without injury to the paving on any street, omit such planking on any such street or such part thereof as may be described in such permit, Provided, however, that a permit to omit such planking, or the use of planking where required and used, shall not relieve the person moving any such house or other building or the surety on his bond, from liability for any damage which may be done to any pavement over or along which such house or building may be moved. (~1, Ord. 3541, 6- 9-28; Amd. ~1, Ord. 3620, 11-22-28). 5-812. Violation Sec. 5-803 Penalty. Any person who shall move any house or other building in the City of Salina contrary to the provisions of this or- dinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 and not more than $500.00 for each offense. (~2, Ord. 3541, 6-9-28). Ch. 5, Art. 8 . 61 . Ch. 5, Art. 9 BUILDING CODES-Regulations, etc.; Miscellaneous 63 . ARTICLE 9"-'-Miicellaneous Buildinlf Relfulationa. 5-901. Downspouts into streets and. alleys; elbow. That no down-spout or drainage pipe which carriee the water from the roof of any building directly ~n to any street or alley in the City of Salina, Kansas, shall be constructed or shall hereafter be permitted to discharge any such water on to any street or alley unless such down spout shall be carried to a point not more than 18 inches from the surface of such street or alley, and unless such down spout or pipe shall have at the lower end thereof a joint or elbow which will discharge such water in a direction paral- lel with the surface of such street or alley. (~1, Ord. 3035, 10-6-24). 5-902. Water direct from roof to street or alley prohibited. It shall be unlawful for any person, either as owner, tenant, agent or person in charge of any building in the City of Salina to permit the water draining from the roof of any such building to fall directly into any street, avenue or alley, in said City without providing sufficient guttering and down- spouts or drain pipes constructed in accordance with the provisions of Section 1 of this ordinance so as to carry off and dispose of such water. (~2, Ord. 3035, 10-6-24). 5-903. Violation of Sections 5-801 and 5-802; penalty. Any person either as owner, tenant, agent or person in charge of any building in the City of Salina who shall violate or knowingly permit the violation of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine of not less than $5.00 nor more than $50.00 for each offense, provided that each day's violation of any of the provisions of this ordinance shall be deemed a sep- arate and distinct offense. (~3, Ord. 3035, 10-6-24). 5-904. Wires in streets prohibited. That it shall be unlawful for any person, firm or corporation, ex- cept street railway, electric light, telephone and telegraph companies, or other persons who shall have or may hereafter secure a franchise or license so to do, to construct, place or maintain any wires in, over or across any of the public streets or alleys . or other public thoroughfales 01' public places in the City of Salina. (U, Ord. 3070, 3-31-25). 5-905. Wires to constitute a public nuisance. Any wires so constructed, placed or maintained contrary to the provisions of Section 1 of this Ordinance shall be removed by the person, firm or corporation re- sponsible therefor at the direction of the Electrical Inspector of the City of Salina. 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, firm or corporation, 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, firm or cor- poration. (~2, Ord. 3070, 3-31-25). 5-906. Violation; penalty. Any person, including any member of any partnership or any officer, agent or representative of any firm or corporation who shall violate the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be fined not less than $10.00 nor more than $50.00 for each offense. (~3, Ord. 3070, 3-31-25). 5-907. Special permit for Convention Hall; en- croach on street. That a permit be and is hereby granted to the owner or owners of Ults numbered 136 and 138 on Santa Fe Avenue in the City of Salina, Kansas, the same being within the fire limits as defined by the ordinances of said city, for the building and erection of a three-story brick building, to be known as the Convention Hall Building; Pro- vided, that the provisions of Ordinance No. 588 of the City of Salina, as to the thickness of walls and the non-combustibility of materials to be used shall govern and control such owner or owners in the con- struction of such building; and, Provided further, that the front portal with the entrance doors of said building may intrude or encroach upon the sidewalk lying in front of such lots above described to a dis- tance of eighteen (18) inches, and the two pilasters to be built from the east wall of such building may encroach upon said sidewalk to a distance not to exceed twenty-one (21) inches. (~1, Ord. 1324, 8- 20-1906). . . . Ch. 6, Art. 1 CITY OFFICERS.-Board of Commissioners; City Manager; Depts. 65 CHAPTER 6.-CITY OFFICERS, BOARDS)I The Board shall appoint a Manager who shall be AND COMMISSIONS. responsible for the efficient administration of the City's business. (~1 Ord. 2397 7-16-21). See: 13-2905; 13-1807; 13-2001-2-3; 12-1006; " G. S. 1935. Article I.-Board of Commissioners; City Manager; Departments.-6-101 to 6-115. 2.-0fficers and Employees; Duties.--6-201 to 6-229. a.-Salaries of Officers and Employees.- 6-301 to 6-316. 4.-City Planning Commission.-6-401 to 6-408. 5.-Trustees Memorial Hall. -6-501 to 6503. 6.-Library Board.-6-601 to 6-603. 7.-Cemetery Board.-6-701 to 6-707. (For Board of Public Welfare see 3-101 to 3-211; Band Trustees, 2-101 to 2-104; Oakdale Park Executive Committee, 17-310; Board of Examiners, Plumbers-See 5-472 to 5-479) ARTICLE I.-Board of Commissioners, Manager and Departments. 6-101. Governing Board. That there be and here- by is created and established a Governing Board which shall consist of the number of commissioners to be elected as provided by statute, the qualifications of such commissioners together with their terms of office, oath and bonds to be such as is prescribed by law. There shall be no distinction made as to the title or duties among the commissioners except as the Board shall organize itself for the transaction '"If business. The Board shall choose its own chair- man and shall determine its own order of business. The Chairman of the Board shall have the title of Mayor during the term of his office and shall be official head of the city on formal occasions. The Commissioners shall receive a salary payable as pre- scribed by law. The Governing Board shall meet regularly once each week and oftener if business requires, and special meetings thereof may be held on written call signed by a majority of the Com- missioners. All regular and special meetings shall always be open to the public. It shall be the duty of the Commissioners as such Governing Board to pass all ordinances (13-2901 G. S. 1935, Passage of Ordinances) needful for the pro- tection, safety and welfare of the City as provided by law and to provide for and create such depart- ments and offices as shall be necessary to carry out the provisions of the form of government defined in Chapter 86 Session Laws 1917 and amendments thereto and to determine the salaries to be paid all City officials and employees within the limitations of the law. 6-102. Administration; City Manager. That there be and hereby is created the office of City Manager and the administration of the affairs and business of the City shall be in his hands. He shall be ap- pointed by the Governing Board, and shall hold his office at the pleasure of the Board; he shall be chosen solely upon the basis of administrative ability, and his choice shall not be limited by any resident quali- fications. Such Manager shall be responsible for the admin- istration of all of the affairs of the City. He shall see that the laws and the ordinances are enforced; ne shall appoint and remove all heads or departments and all the subordinate officers and employees. All appointments made by him shall be made upon the basis of merit and fitness alone. He shall have the option to require the appointment of a Civil Service Commission, as established by the provisions of Ar- ticle 22, Chapter 18, of the General Statutes of 1915, with such amendments thereto as may hereafter be provided by the legislature; he shall be responsible for the discipline of all appointive offices, and may, without notice, cause the affairs of any department, or the conduct of any officer or employee to be exam- ined. He shall prepare and submit the annual bud- get to the Governing Body and also keep the City fully advised as to the financial conditions and needs of the City. He may make recommendations to the Commissioners on all matters concerning the .wel- fare of the City, and shall have a seat, but no vote, in all public meetings of the Governing Body. The City Manager shall take an oath for the faithful performance of his duties as City Manager, and shall cause a bond, with proper securities, ap- pro':ed by the Judge of the District Court of Saline County, Kansas, in the sum of $5,000.00 conditioned for the faithful performance of his duties as City Manager, to be executed and filed with the City Clerk. He shall receive a salary fixed and payable as de- fined by ordinance. (92, Ord. 2397, 7-16-21). (See 12-1010 to 12-1017 G. S. 1935). 6-10a. Office of City Manager and Supt. Water- works Dept. Combined. That the office of City Manager of the City of Salina, as provided for by law and as created and provided for by Section 2 of Ordinance No. 2397, being Section 6-102 of Revised Ordinances 1925; and the office of the Superinten- 66 CITY O;FFICERS.-Board of Commissioners; City Manager; Depts. Ch. 6, Art.. 1 dent of Wak!rworks Department of the City of 1 keep a true record of its proceedings, and shall also Salina, as provided for and created by Section 3 of keep a record of all his official acts, and when neces- Ordinance No. 3J.91, be and the Same are hereby com-I SUry shall attest them. He shall also keep and pre- bined, to the extent that such offices shall be here- serve in his office the corpol'ate seal of the City, after held by one person, who shall be appointed together with all records, public papers and docu- by the Soard of Commissioners of the City of Salina, mellts of the City not belonging to any other officer. Kansas, as City Manager of the City of Salina, Kan- He shall be authorized to administer oaths. He shall sas, and that the person so appointed to such office aLa perform such other and further duties as are shall be ex-officio, superintendent of the Water- now provided by law and ordinance, and are not works Department of the City of Salina, Kansas. inconsistent with the provisions hereof. He shall (H, 01'0.. 4012, 1-24-31). give a good and sufficient Surety Company Bond to the CiLy, to be approved by the Board of Com- m'ssioneJ's, in the sum of $5,000.00, conditioned for the faithful pel'formance of his duties; that he will punctually pay over to the City Treasurer all monies received by him either as Director of Finance or City Clerk and that he will save the City free from all loss caused by his neglect or malfeasance in office. 6-104. Same-Duties. That the person appointed by the Board of Commissioners of the CiLy of Salina, Kansas, as City Manager and ex-officio Superinten- dent of the Waterworks Department, as provided for in Section 1 of this ordinance, shall perform all of the duties now provided for by law and by the ordinances of the City of Salina, Kansas, for and in relation to the office of the City Manager, and Superintendent of the Waterworks Department of the City of Salina, and such other and further duties as may be provided for and required from time to time by the Board of Commissioners of the City of Salina. (g2, Ord. 4012, 1-24-31). 6-105. Same-Salary. That the salary of the City Manager, and ex-officio superintendent of the Water- works Department, shall be $5,000 per year, to be paid in equal semi-monthly installments, one-half charged to the General Fund and one-half to the Waterworks Department. (S3, Ord. 4012, 1-24-31). (See 96-303; 96-311). 6-106. Same-Bond. The City Manager, and ex- officio Superintendent of the Waterworks Depart- ment, shall take an oath for the faithful perform- ance of the duties of such offices, and shall cause a bond, with proper sureties, approved by the Board of Commissioners of the City of Salina, in the sum of $5,000, conditioned for the faithful performance of such duties, to be executed and filed with the City Clerk, after which all future liability on any prior existing bonds covering such offices shall terminate. (94, Ord. 4012, 1-24-31). 6-107. Department of Finance. That there be and hereby is created a Department of Finance which shall have general control of the financial affairs of the City. A Director of Finance will be in charge of the Department, subject to the supervision of the City Manager. He shall be appointed and hold his office at the pleasure of the City Manager. He shall also be ex-officio, City Clerk of said City and shall perform all the acts and duties prescribed by Statute and Ordinance, concerning City Clerk. He shall at- tend all meetings of the Board of Commissioners, He "hall receive a salary fixed and payable as defined by ordinance. POl' the further administration of the affail's of the Department of Finance, the following officers are hereby created and employments authorized, to- wit: (a) A City Treasurer, whose duty it shall be to safely keep and account for all the moneys of the City, coming into his hands. He shall give a good und sufficient Surety Company Bond in the sum of $58,000.00, to be approved by the Board of Com- missioners, said bond to be conditioned for the faith- ful discharge of his duties, and to the effect that such Treasurer shall keep safely all public moneys intrusted to his care and shall save said City free and harml;,ss from alll08s caused by neglect of duty or malfeasance in office. The accounts of the City shall be kept by the Treasurer in such way that a fEll and comprehensive statement of the City fin- ances may be made each month. Expenditures shall be legal and moneys paid out by the City Treasurer only on the basis of the appropriations in the budget and on the authority or warrants issued by the Director of Finance, countersigned by the City Manager. In no case shall warrants be issued to exceed the balance in the fund drawn against. All moneys belonging to the City shall be deposited with responsible and sol- vent Banking Institutions which will pay the high- est interest on funds deposited, and said interest shall accrue to the benefit of the City. He shall perform such other and further acts and duties as may be prescribed by law. He shall re- ceive a salary fixed and payable as defined by or- dinance. . . . Ch. 6, Art. 1 CITiO OF.F'lCEliS.-Board of Commissioners; City Manager; Depts. 67 (b) All necessary stenographic and clerical forces I For the Purpose of the further administration of may be employed from time to time as may be neces- , the affairs of the said Department of Public Safety, sary, the salaries to be fixed and payable as defined the following subdivisions are hereby created and by ordinance. (s3, Ord. 2397, 7-16-21). (Cross Ref: the employments are authorized: See 6-205 et seq.) (A) P I' D . o Ice epartment. The offICers and em- ployees, classification and salaries now effective by ordinance relating to the Police Department shall remain in full force and effect, and unchanged. Provided, however, that the appointment of all mem- bers of the Police Department shall hereafter be made by and they shall hold their respective offices at the pleasure of the City Manager, subject to the limitations of law. 6-108. Department of Law. That there be and hereby is created and established, a Department of Law, for the administration of the legal affairs of the City of Salina; and the supervision and control of the said Department shall be in the hands of a Direc- tor who shall be known as the City Attorney. He shall be charged with the general direction and supervision over the legal affairs of the City, and shall advise with and attend all meetings of the Board of Commissioners. For the further administration of the affairs and duties relating to the department of law the follow- ing offices are hereby created and employments au- thorized, to-wit: (a) An assistant City Attorney, whose duties shall be to assist the City Attorney under his direc- tion in all legal matters appertaining to the City, and to advise with and attend all meetings of the Board of Commissioners during the absence of the City Attorney. He shall receive a salary fixed and payable as defined by ordinance. (b) A Police Judge, whose duties shall be to try all cases brought into Police Court, and who shall have power to bring before said Police Court all parties for trial upon complaints duly and properly made, and who shall possess and exercise all the power as conferred and defined by law. He shall furnish a Surety Company Bond approved by the Board of Commissioners in the sum of $1,000.00 and shall receive a salary payable as defined and fixed by ordinance. Each and all of the officers and employees named shall be appointed by and hold their respective of- fices at the pleasure of the City Manager; they shall perform, in addition to the duties above specified, such other and further duties as are now or may hereafter be required of them by law or ordinance. (~4, Ord. 2397, 7-16-21). (See 13-2105, G. S. 1935). 6-109. Department of Public Safety. That there be and hereby is created and established a Depart- ment of Public Safety, embracing and including the superintendency and control of the Police and Fire Departments. The affairs of the said Department of Public Safety shall be under the immediate super- vision of a Director, who shall be ex-officio Chief of Police, subject to the approval and direction of the City Manager. He shall be appointed by, and hold his office, at the pleasure of the City Manager. (B) Fire Department. The officers and employ- ees, classification and salaries now effective by or- dinance relating to the Fire Department shall re- main in full force and effect, and unchanged. Pro- vided, however, that the appointment of all mem- bers of the Fire Department shall hereafter be made by and they shall hold their respective offices at the pleasure of the City Manager, subject to the limita- tions of law. (~5, Ord. 2397, 7-16-21). 6-110. Department of Public Service. That there be and hereby is established and created a Depart- ment of Public Service, which shall embrace the superintendence and control of Public Improvements, streets, alleys and sewers. The affairs of said De- partment of Public Service shall be in charge of a Director of Public Service, who shall be ex-officio City Engineer.! He shall be a civil engineer and shall prepare plans and specifications and estimates for and superintend the construction of all public improvements, do all surveying and engineering ordered by the Board of Commissioners and perform all other duties per- taining to his office. He shall give good and suffi- cient Surety Company Bond to such City, in the sum of $5,000.00, conditioned for the faithful discharge of the duties of his office and to save the City harm- less from all loss caused by neglect of duty or mal- feasance in office. He shall receive a salary fixed and payable as defined by ordinance. For the purpose of the further administration of the affairs of the said Department of Public Ser- vice, the following offices are hereby created and employments authorized, to-wit: (a) A Superintendent of 8treets,2 Alleys and Sew- ers, who, in addition to the duties now prescribed by law and ordinance, shall have under his special charge and control the cleaning of gutters, storm water sewers and paved streets. He shall receive a salary fixed and payable as defined by ordinance. CITY OFFICERS.-Boal'll or Commissiom:rs; City Manager; Depts. Ch. 6, Art. 1 (b) All other employees, such as InSl)~ctors, Rod- \ ~nd as business may. demand. Provided, when ?ther men, Instrument Men, Teamsters, Street Empoyees I L1Cpal'tments and offIces are created and estabhshed and Laborers, that may be needed for the prosecu- . the officers in charge shall be appointed by and serve tion of work in connection with the Dcpartment of at the pleasure of the City Manager and that the Public Service shall be employed, and the employ- duties to be performed and compensation be defined ment is hereby authorized by the City Manager and fixed by ordinance. (~8, Ord. 2397, 7-16-21). whenever it is deemed necessary and expedient. The salaries and wages paid to such persons em- ployed to be fixed and payable as deemed by ordin- ance. 68 Each of said officers of the Department of Public Service shall be appointed by and hold office at the pleasure of the City Manager. (S6, Ord. 2397, 7-16- 21). (1. See 13-2109, G. S. 1935). (2. See 13-2110, G. S. 1935). 6-111. Other Officers. For the further adminis- tration of the affairs and business of the City of Salina, the following offices are hereby created and employments authorized, to-wit: (a) A Superintendent of Parks, who shall be in charge of all the parks, parkways and boulevards belonging to or under the control of the City and shall improve, maintain and regulate the same in accordance with the instructions given him by the Board of Commissioners or the City Manager. (b) A Sanitary and Health Officer, whose duty it shall be to make all investigations of conditions pertaining to health and sanitation and to see that the rules and regulations of the Kansas State Board of Health are fully complied with. Each of the above officers shall be appointed by and hold their office at the pleasure of the City Manager. Their salaries shall be fixed and payable as defined by ordinance. (S7, Ord. 2397, 7-16-21). 6-113. Deputy Director of Finance-City Clerk. That there be and there is hereby created the office of Deputy Director of Finance and ex-officio City Clerk to act as such in the absence or disability of the regularly appointed and acting Director of Fi- nance and City Clerk of the City of Salina, who shall when appointed perform all the duties and be in- vested with all the authority of the Director of Fi- nance and City Clerk of the City of Salina in the absence or disability of the regularly appointed and acting Director of Finance and ex-officio City Clerk. (Sl, Ord. 4914, 11-1-38). 6-114. Additional Deputy City Clerk. That in ad- dition to the offices now created and existing there is hereby created the additional office of Deputy City Clerk who shall be ex-officio Deputy Director of Fi- nance and who shall perform such duties in the office of the City Clerk as may be directed by the City Clerk or by the City Manager, and also such duties as are or may be required by law or by ordinance to be performed by the City Clerk and Director of Finance and in the absence of the City Clerk and Director of Finance such Deputy City Clerk and ex- officio Deputy Director of Finance shall have all the authority and perform all the duties provided for by law or by ordinance and in connection with such office he shall give a surety bond in the sum of $5000 conditioned as provided by law for the faith- 6-112. Additional Departments. That the Board ful performance of his duties to the same extent of Commissioners may create and establish addi- and in the same manner as required of the City tional departments and offices as may be necessary I Clerk and Director of Finance. (Sl, Ord. 4966, 1- for the purpose of a more efficient administration 26-40). . . . Ch. 6, Art. 2 CITY OFFICERS.-Duties. 71 ARTICLE 2.-Dutiell of City Officers. 6-201. References to Mayor and Council, or to any Committt!e-ileemed to refer to Board of Commis- sioners. That wherever in any ordinance heretofore adopted by the Mayor and Councilmen of the City of Salina, any reference is made to the Mayor and Councilmen or the Councilmen or to the Council of the City of Salina, or to any committee thereof, such reference shall be deemed to be and to refer to the Board of Commissioners of the City of Salina, Kan- sas, except as may be otherwise specifically provided by ordinance. (~1, Ord. 3030, 9-15-24). keep a special and distinct account of moneys or other property received by said Treasurer, to number all orders issued on the treasury for the payment of money and to keep a record of the date of the issue of said order, the name of the person to whom issued, the amount and number of the same, and the date of the cancellation or payment of the same, and keep and preserve all papers, books, records and documents belonging to said city and keep an ordinance book to be furnished by said city, in which he shall enter at length, in a plain and distinct hand- writing, every ordinance hereafter enacted for said 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 passage, and also the name of the newspaper in which said ordinance was published, and the date of such publication, and affix the seal of said city thereto, and in connection with the Mayor to attest the same; to certify to the County Clerk of Saline County, Kansas, all taxes and assessments levied by said city under the authority of the laws governing said city; to make and prepare for pub- lication, quarterly reports for the quarters ending the 15th day of March, June, September and Decem- ber, respectively, containing a full and detailed state- ment of the receipts, expenditures and indebtedness of the said city for the quarter ending on the 15th of said months in each year, and present the same to the council of said city in time for publication of the same between the 15th and 20th days of said months; and in connection with the Mayor to sign all licenses issued by said city, and affix the corporate seal of said city thereto; and to perform all such other duties as may be required of him by said council. (~2, Ord. 280, 6-24-79). (See 13-2106, G. S. 1935). 6-202. Duties of City Clerk. In addition to any and all other duties, which may now or hereafter be prescribed by ordinance, it shall be the duty of the City Clerk to keep his office, in the City Hall open for business continuously from 8:30 o'clock A. M. to 5:00 o'clock P. M. He shall register all voters in the city as provided by law, and 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 of Salina, into the City Treasury, taking the Treasurer's receipt therefor. Whenever any ordinance or section thereof shall have been heretofore or shall be hereafter re- pealed it shall be the duty of the City Clerk to write or stamp on the face of the record of said ordinance of section thereof, in the original ordinance books of the City of Salina, and upon the face of the ori- ginal ordinance or section thereof on file in his of- fice, 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 in- dex of all ordinances passed by the Board of Com- missioners and shall note thereon the repeal of any such ordinance or section thereof. Whenever any 6-204. Clerk to pay over money. It shall be the paper of any kind entitled or required to be filed duty of said Clerk to pay over all moneys that may with the City Clerk, is presented to him for filing, come into his hands as such Clerk as required by the Clerk shall, at the time of the reception thereof law or ordinance, and shall deliver to his successor write or stamp thereon the word "Filed" together in office all the books, records, papers and other with the date of reception and the name of the Clerk. things belonging to his office. (~3, Ord. 280, 6- The City Clerk shall perform such other and further 24-79). duties as may be required by law or which may be 6-205. City Treasurer; Bond. The City Treasurer directed at any time by the Board of Commissioners. shall give a good and sufficient Surety Company All acts required to be performed by the Clerk bond to the City, in a sum of not less than $50,000.00, hereunder or by any other ordinance shall be per- the cost of which shall be borne by the City, and formed by such Clerk or by his deputy or assistant which before its acceptance shall be approved as to under his direction. (91, Ord. 3059, 12-29-24). form, amount and surety by the Board of Commis- 6-203. Additional duties of Clerk. It shall be the sioners of the City of Salina. The surety on such duty of said Clerk to attend all meetings of the said bond shall be an incorporated surety company, au- council and record their proceedings, to keep the thorized to do business in the State of Kansas and proper account books belonging to his office, and to I such bond shall be conditioned for the faithful dis- CITY o]iFICERS.-Duties. eh. 6, Art. 2 72 charge of the d\lties of such treasurer, and that he shall keep all public moneys or securities intrusted to his care, and save such city free and harmless from all loss caused by neglect of duty or mal1'eas- ance in office. The Board of Commissioners shall require the Treasurel' to give new bond whenever in their opinion, the existing bond is insufficient either as to amount or surety or otherwise; 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. (li1, Ord. 3359, 4-16-27). (See 13-2107, G. S. 1935). 6-206. Treasurer; Duties. It shall be the duty of the City Treasurer to receive and keep all money belonging to the City and which shall have been re- ceived by him from any source whatsoever, and to payout the same only upon warrants duly authorized by an appropriation ordinance adopted by the Board of Commissioners, and issued by the Director of Finance and countersigned by the City Manager. For all moneys received by him the City Treasurer shall give duplicate receipts, one to the party pay- ing such money into the treasury and one to the City Clerk. Said Tl'easurer shall render a full and correct itemized statement of all receipts and pay- ments to the Board of Commissioners at their first regular meeting in each month and at such other times as may be required by said Board. (li2, Ord. 3359, 4-16-27). 6-207. Same; Designation of Depositories. The City Treasurer shall make deposits daily of all such sums of money as shall be received by him from all sources whatsoever, to his credit as treasurer of such City, in accounts subject to check in one or more responsible banking institutions, to be selected by the Board of Commissioners, which will pay the high- est rate of interest on the funds so deposited, which interest shall accrue to the benefit of the City, and any such banking institution before such deposit is made therein shall be required to enter into a con- tract with said Board to pay such City not less than two percent interest per annum, which shall be pay- able at the end of each month and shall be based on the average daily balances for the month, and the City Treasurer shall report the amount of interest collected in his monthly statement following such collection; provided that whenever there are funds in the hands of the City Treasurer which are not needed for current expenses, he may when authorized by the Board of Commissioners deposit the same in any such banking institutions on time certificates of deposit at the highest rate of interest obtainable on deposits of such character. (li3. Ord. 3359,4-16-27). G-2118. Depository Bond; Requirements. Berore U.0 GiLy Treasurer shall deposit any money in any such banking institution, such bank shall execute and Jeiivel' to the City, a good and' sufficient surety com- pany bond, to be approved as to form, amount and "c;I.e;;y by the Board of Commissioners, and the sure- Lyon which shall be an incorporated surety com- pany authol'ized to do business in the State of Kan- ,~a~ conditioned that such bank will safely keep and account for and pay over said money promptly upon demand or upon the presentation of any certificate of deposit representing funds deposited as herein aLiLhorojzed, and no sueh bond shall be approved which does not expressly cover certificates of deposit as well as deposits subject to check; provided that in lieu of such surety bond; any such bank may deposit with the City Treasurer, as security for the deposit of money belonging to the city, bonds of 1-he United States, or of the State of Kansas, or of some County, school district, or municipality of the State of Kan- sas, or other securities authorized by law, which se- curities of any kind so deposited shall be first ap- p:'oved by the Board of Commissioners of said city. When any bonds or other securities are so deposited by any bank with the City Treasurer as security for the deposit of funds of the City in such bank, the City Treasurer shall be responsible under his official Dond for the safe keeping of such bonds or other se- curities, and such bonds or other securities shall be by him deposited in a burglar proof vault of a re- sponsible safe deposit company or bank equipped with adequate modern facilities for the safe keep- ing of securities, located within the State of Kansas, under contract with such safe deposit company or bank that such bonds may be withdrawn or coupons detached only by the joint consent of the owner thereof and the city Treasurer, except in case the owner thereof has defaulted in its obligation to pay part of the deposit secured by such bonds, but no such bonds or other securities belonging to a deposi- tory bank shall be deposited for safe keeping in any ~afe deposit vault owned or controlled by such depos- itory. (li4, Ord 3359, 4-16-27). 6-209. Depositories; Duties of Treasurer on de- fault of. The City Treasurer shall not deposit any money of the City of Salina in any bank in excess of the amount of the surety bond of such bank then in effect, or in excess of the amount of bonds or other securities deposited with him by such bank as col- lateral security for such deposit, or if the money de- posited be secured by both a surety bond and collat- eral, then in excess of the aggregate amount of the bond and collateral. If any bank having money of . Ch. 6, Art. 2 CITY OFFICERS.-Duties. 73 the City on deposit shall fail to pay such money upon I Commissioners and which will furnish a surety bond proper demand being made therefor, the City Treas. or deposit collateral security as in this ordinance urer shall after collecting from the surety on the authorized, in. an amount sufficient to cover any bond securing such deposit the amount for which such deposit; and provide further that whenever it is liable under such bond, proceed to sell any bonds bonds of the City of Salina are sold by the Board or securities of such bank deposited with him as of Commissioners to any banking 01' financial in. collateral security, or such part thereof as may be stitution either within or without the State of Kan- necessary, at public sale upon ten days notice there- sas, it may contract with the purchaser of such of given in the official City paper, and apply the bonds that the proceeds thereof may remain on de- proceeds of such sale to the payment of the amount posit with such banking institution subject to check due to him by reason of such deposit, and in such or draft of the City, upon its depositing with the case the City Treasurer shall have authority to City Treasurer collateral security of the same kind withdraw such bonds from the safe deposit vault and in the same manner as authorized in this 01'- where they are deposited without the consent of dinance for other deposits, in an amount sufficient the owner, upon furnishing proof to the person hold- to secure the amount left in its hands, and such col- ing such bonds for safe keeping that the owner has lateral security shall be kept by the City Treasurer defaulted in the payment of a deposit due to the as in this ordinance provided. (S7, Ord. 3359, 4- City of Salina, and if any such bank shall secure 16-27). such deposits by the pledge of such bonds or other securities, and also by a surety company bond, the surety on such bond shall first be held liable to the extent of such bond for any money due the City from such bank, and any collateral deposited in addition thereto shall be considered as supplemental to such surety bond and sold after the liability of the surety has been exhausted. (S5, Ord. 3359, 4-16-27). . 6-210. Ordinance; Part of contract with depository. When this ordinance shall have taken effect, it shall become a part of the contract with any bank deposit- ing collateral security to secure the deposits of the City, and of any surety bond given to secure such deposits, and of the City Treasurer's bond, whether expressly mentioned therein or not. (S6, Ord. 3359, 4-16-27) . . 6-211, Depositories Designated; Other Depositor- ies. That the following named banking institutions located in the City of Salina, Kansas, to-wit: The Planters State Bank, The Reserve State Bank, The Farmers National Bank and the National Bank of America are hereby designated as depositories of the funds of the City of Salina, but no funds shall be deposited by the City Treasurer in any such bank until it shall have given a surety company bond or deposited collateral security as herein provided for, or both, in amounts sufficient to cover any deposit of any character made in such bank; provided that if the banks above named shall not have deposited or given such security as herein required, in an ag- gregate amount sufficient to cover all of the money of the City in the hands of the City Treasurer, he may deposit any such excess in any banking institu- tion in the State of Kansas outside of the City of Salina, which may be designated by the Board of 6-212. Depositories; Reduction; Substitution of Securities. When any bank shall have deposited collateral security to secure a deposit of any city money it may on or after the first of any month whenever the balance of the city's deposit with it is reduced, reduce the amount of the security deposited by it as collateral, and secure back from the City Treasurer, the amount of such bonds or securities deposited by it in excess of the amount of money re- maining on deposit at the end of the previous month, and the City Treasurer is authorized to deliver to any such bank, bonds held by him as security in excess of the amount of such balance on deposit in such bank; but no additional deposits of money shall be made in such bank in excess of the amount of se- cUl'ity held by the City Treasurer; and provided further, that any bank having deposited such collat- eral security may at any time substitute for the same other securities, to be approved by the Board of Commissioners, of an equal or greater value, and may make successive substitutions thereof under the same conditions, all of such substituted collateral to be held withdrawn or disposed of under the same conditions as herein provided for in the case of se- curities originally deposited. (S8, Ord. 3359, 4-16- 27). 6-213. Treasurer; Depositories; Receipts. When any collateral security is deposited with him, the City Treasurer shall execute triplicate receipts, de- scribing fully such security, and deliver one copy to the bank from whom the security is received, and file one with the City Clerk, and retain the other. When any such security is returned to any bank, either withdrawn or substituted, he shall take dupli- cate receipts therefor, retaining one himself and 74 CITY OFFICERS.-Duties. Ch. 6, Art. 2 I filing one in the office of the City Clerk, and he shall I 6-218. Attorney give advice to Mayor, etc.; draw keep a record of all such collateral by him received I contracts. It shall be the duty of the City Attorney from or returned to any bank. (~9, Ord. 3359, 4-, to give legal advice to the Mayor and Council or the 16-27). chairman of any committee of the council or other 6-214. Additional duties of Treasurer. If said city officer, and whenever so requested, shall reduce Treasurer shall receive in payment of city taxes or his opinion to writing, and it shall be his further assessments or for licenses or other dues, any legally duty to draw any contract or other writing necessary issued warrants or orders or any matured coupons, to :he prosecution of the business of the city. (~3, bonds or scrip of said city, or shall redeem any such 01'0. 1859, 6-21-15). warrants, orders, coupons, bonds or scrip out of 6-219. Failure and neglect; forfeiture of pay. money in the treasury appropriated by ordinance If in any case the City Attorney shall refuse or for that purpose, it shall be the duty of said Treas- neglect to perform any of the duties aforesaid, he urer upon redeeming said warrants, orders, coupons, shall forfeit double the amount required to pay for bonds or scrip or upon receiving the same in pay- the work so refused or neglected, which sum shall ment for such taxes, assessments, licenses or other be deducted from his salary. (~4, Ord. 1859, 6-21- dues, to cause the person presenting such warrants 15). orders, coupon, bond or scrip to endorse the same with the date of its payment, and said Treasurer shall write on the face of the warrant, order, coupon, bond or scrip, "Redeemed," and shall enter in his books the number of said warrant, order, coupon, bond or scrip, its date, amount, the name of the person to whom issued, the name of the person from whom received or to whom paid, the date of receipt or payment and the amount of interest, if any, paid thereon and the kind of instrument. (~7, Ord. 280, 6-24-79) . 6-215. Treasurer: deliver warrants, bonds, etc., to Clerk. Said treasurer shall on the first Monday of each month deposit in the office of the Clerk of said city all warrants, orders, coupons, bonds and scrip, by him redeemed or received in payment as such Treasurer and take his receipt therefor. (S8, Ord. 280, 6-24-79). 6-216. Treasurer deliver books, etc., to successor. Said treasurer shall deliver over to his successor in office or to any other person authorized by law or ordinance to receive the same, all moneys, books, papers and other things appertaining thereto or be- longing to his said office. (S10, Ord. 280, 6-24-79). 6-217. Duties of City Attorney; attend courts; draw ordinances. That it shall be the duty of the City Attorney to attend all cases in the Police Court, when he is notified by the Police Judge or the officer making the arrest, so to do; to attend all cases in the District Court or in any of the higher courts wherein the city is interested or is a party; to attend all regular meetings of the City Council and all special and adjourned meetings, when so requested by the Mayor or acting Mayor; to draw ordinances when so requested by the Mayor and Council or the chairman of any committee of the council. (~2, Ord. 1859, 6-21-15). 6-220. City Physician appointment. (The appoint- ment of a City Physician is authorized by Sec. 15, Ord. 2216, see Sec. 20-315). 6-221. City Engineer; Sanitary and Health Offi- cer: offices combined. That the Director of Public Service who is ex-olficio City Engineer shall also be ex-officio Sanitary and Health Officer of the City of Salina, Kansas, and that the duties of both of said offices shall be performed by the Director of Public Service. ({iSl, Ord. 2423, 1-21-22). 6-222. Street Commissioner; Superintendent of Streets; duties. The Street Commissioner shall have charge of and direct the work of all laborers and teams engaged in working on the streets and alleys of the city, and all such employees shall be under the immediate direction of said Street Commissioner, with the right in him, subject to the provisions of this ordinance, to employ and discharge all laborers and employees in his department. It shall be his general duty to keep the streets, alleys, sidewalks, bridges, viaducts and culverts clean and in good re- pair for public use and travel. He shall also keep a complete and accurate account of all laborers and teams employed in his department, and an itemized statement of the cost thereof, each month, and shall each month present to the Mayor and Council a com- plete and accurate report showing the number of laborers and teams employed, the number of days worked by each and the wages paid each per day, and showing also the work done by his department for the preceding month as well as receipts and tran- sactions of his office; and shall, as often as the first Monday of March, June, September and December, of each year, render to the council a true, complete and itemized statement of the property in his pos- session belonging to the city. (Sl, Ord. 1717, 6- 16-13) . . Cb. 6, Art. 2 CITY OFFICERS.-Duties. 75 6.223. City Mechanic; duties. That there be and there is hereby created the office of City Mechanic, whose duty it shall be to keep in first class mechani- cal order and repair all motor equipment belonging to and used by the City of Salina, including the equip- ment of the Fire Department, Street Department, Park Department and Police Department and such other equipment as may be placed in his charge for repair by the direction of the City Manager, and said City Mechanic shall perform such other and further duties at any time as may be directed by the City Manager. The City Manager shall appoint such City Me- chanic, who shall hold his office at the pleasure of the City Manager and shall be paid such salary as may now or hereafter be provided by ordinance. (S1, Ord. 3061, 1-5-1925). . 6-224. Office of Mechanic in Fire Department abolished. From and after the taking effect of this ordinance the office of Mechanic in the Fire Depart- ment shall be abolished. (S2, Ord. 3061, 1-5-1925). 6-225. Night Fireman at City Hall; duties. That there be and hereby is created and established the position of night fireman at the City Building whose duty it shall be to tend the boiler and furnace, to keep and maintain regular temperature at all times in the said City Building and the greenhouse ad- jacent thereto, and perform such other duties as may be assigned to him from time to time. (SI, Ord. 2412, 11-16-21). 6-226. Caretaker City Dump; duties. That the Mayor, with the consent of the City Council, may appoint a suitable person to act as caretaker of the city dump grounds, whose duties shall be to take the proper care of said grounds, as may be Girected . by the Public Health Committee of the City of Salina, provided, however, such caretaker shall not be ap- pointed for any specified term. (Sl, Ord. 2363, 12- 9-1920). 6-227. Supt. Municipal Swimming Pool; Duties. That there be and there is hereby created in the City 01 Salina the office of Superintendent of the Muni- cipal Swimming Pool. Such officer shall be ap- pointed by the City Manager as other officers are appointed and shall hold office at the pleasure of the CIty Manager. Such officer shall have the sole charge and management of the municipal swimming pool located in Oakdale Park and of the other em- ployees who may from time to time be employed in connection with the operation of said swimming pool. Such officer shall enforce and carry out such rules and regulations for the conduct and manage- ment of such swimming pool as may be adopted by the Board of Commissioners of the City of Salina. (SI, Ord. 3110, 5-30-25). 6-228. Same; Salary. The Superintendent of the municipal swimming pool shall receive as full com- pensation for his services the sum of $125.00 per month, payable semi-monthly as the salaries of other city employees are paid for such time as he may be actually employed. (S2, Ord. 3110, 5-30-25). 6-229. Same; Assistant; Wages. The City Man- ager be and he is hereby authorized to employ an assistant to the Superintendent of the Swimming Pool, and such other employees as may be necessary for the operation of such swimming pool, at such wages as may be necessary, such wages however, not to exceed the sum of $100.00 per month for anyone such employee. (S3, Ord. 3110, 5-30-25). Note: (See S 17-319 to 17-324, Swimming Pool, Oakdale Park). ~ [kj. ~500'f - J~- ~~/trLtt ~f-7F1"'/ . Ch. 6, Art.. 3 CITY OFFICERS.-Salaries. 77 ARTICLE a.-Salaries of City Officers. 6-aOl. Wa~es and salaries paid semi-monthly. That the wa~es and salaries of all officers and em- ployees of the City of Salina, Kansas shall be paid semi-monthly. (~1, Ord. 2127, 12-29-17). 6-302. Salaries of certain officers and employees. That from and after January 1st, 1938, the salaries and wages to be paid to the officers and employees of the City of Salina mentioned in this ordinance shall be the amounts set forth in the following sec- tions of this ordinance. (Ord. 2906, 12-17-23; Amd. Ord. 3200, 12-28-25; Amd. Ord. 4825, 1-10-38). 6-3iJ3. Administration and I!'inance Department. The salaries and wages of the following officers and employees of the CIty of Salina shall be as follows; City Manager, (not including salary as Super- intendent of Waterworks Department) ...............h...............$175.00 per month City Clerk m..................................... (See ~6-317) Assistant City Clerk and Bookkeeper ..........m....................... 120.00 per month City Manager's Secretary.............. 72.00 per month Building Inspector, (furnishing own automobile . .:::re~~p~~~~..~~h~~.~.~~.~~~~...~~~..~~~~~~O per month k f?J frJ.,Clty Attorney h.................................. (See ~6-316) 1 --Mf'morial Hall r.m<todia~ ................ ~per month Custodian of City Hall .................. 95.00 per month Dump Ground Caretaker ................ 40.00 per month ~ r 7 'L -'-I Police Matron and Caretaker of Rest Room h.................................... 10.00 -IJer month City Treasurer .........................h....... 37.50 per month (~2, Ord. 4825, 1-10-38). 6-304. Police Department. The salaries of Police Officers of the City of Salina shall be as follows: Chief of Police ................................ (See ~6-317) One Police Captain ........................ 135.00 per month One Police Sergeant ........................ 130.00 per month /" Two Police Sergeants, each .......... 120.00 per month 5L>---"~ . -, Patro.lmen, :raffic O~ficers, and other fA j 1 . pollce officers maXimum ............ 120.00 per month I Police Judge .:.................................... 50.00 per month Salaries of any special policeman shall be fixed by the City Manager not to exceed the salary of regular patrolmen. Salaries of patrolmen when hired shall be fixed and raised to maximum as now pro- vided for by ordinance. (~3, Ord. 4825, 1-10-38; see Sec. 19-111). 6-305. Street Department. The salaries and wages of officers and employees of the Street Depart- ment of the City of Salina shall be as follows: . Superintendent, (furnishing own automobile and expense of upkeep and operation ...........................h...........$200.00 per month Mechanic ...................h....................... 125.00 per month (~4, Ord. 4825, 1-10-38). 6-306. Engineering Department. The salaries of ofiicers of the engmeering department shall be as tollows: Gity Engineer (not including salary as .h.ngineer for the Water Department) ................h................ (See ~6-317) The above mentioned shall furnish an automobile, and the expense of operation and upkeep thereof, tor use in the performance of his duties. Not to exceed two assistant City Engineers when necessary, at such salary as may be fixed by the City M.anager, not to exceed $150.00 per month. (95, Ord. 4/):::;5, 1-10-38). b.30'i. Park De~artment. 'l'he"aialies 01 oilicel.~ and employees of/the Park Department shall be as follows: Superintendent,' . (furnishing Q\Vn ~r and expense of operation and upkeep thereof ............................................$150.00 per month (96, Ord. 4825, 1-10-38). 6-308. }<'ire Department. That from and after January 1st, 1939 the salaries and wages of officers and members of the Fire Department of the City of Salina shall be as follows: Fire Chief ...............h.........................$200.00 per month Two Assistant Fire Chiefs, each.... 130.00 pel' month Fire Inspector .................................... 130.00 per month Four Lieutenants, each .................... 125.00 per month Operator .................................h......... 122.50 per month Regular Firemen, maximum, each 122.50 per month Salaries of any special firemen shall be fixed by the City Manager not to exceed the salary of regu- lar firemen. Salaries of firemen for the first six months of their employment shall be $90.00 per month; for the second six months of their employ- ment $100 per month; thereafter for each additional six months of continuous employment such salary shall be increased $5.00 per month for each such additional six months of employment until such sal- ary shall reach the maximum then provided for by ordinance; provided however, that nothing herein contained shall have the effect of reducing the pres- ent salary of any fireman and provided further, that the salaries of all firemen now regular members of the Fire Department shall be computed according to the schedule herein provided for based upon the length of service in the Fire Department. (~1, Ord. 4927, 1-16-39). lJ.l,O P /(1-1 7~+? 78 QITY OFFICERS.-Salaries, Ch. 6, Art. 3 6-309. Same; Employment Requu:ements. No per-I duced from the' amount hereby fixed or theretofore son shall hereafter be employed as or become a mem- in e:fe.::t, the amount so agreed upon, when allowed bel' of the Fire Department of the City of Salina, and paid by the Board of Commissio'ners and accept- who is over the age of twenty-five years or unless! cd by theofficel' or employee shall be in full' pay- such person is in fit and proper physical condition and /lm911t fot' his, services. (~1l, Ord. 4825, 1-10-S,8). shall have taken a physical examination by a physi- ,.... . , . . ' 1 t d f h by th C't M n g l' 6-31Ll. O<tter provIsions not affected. Nothmg In clan se ec e or suc purpose e I y a a e '" . . . d ~h It f h' h h 11 b d b th ;;IlIS ol'clmance shall be deemed to affect or change the an "e resu so' W IC S a e approve y e, . '" , . C't M d Lh Ch' f f th F' D t e' LCrms or prOVISIOns or any ordInance now m effect, I'y anager an c e Ie 0 e Ire epar m nv. ". (~2, Ord. 4927, 1-16-39). cx~ept to such extent as the sa~aries and wages of offIcers and employees of the CIty are changed by 6-310. Sewage Disposal Department. The super-, t, his ,or, dinance. (g12,' Ord. 4825, 1-10-.38). intendent and custodian of the Sewage Disposal and " '" _ " " . ') S P. PI t (f n' h' h' wn a to 'hH.). Salary of CIty Mechanic. E rom and atter '" 1V ewage umpmg an s, ur IS mg IS 0 U _ . ,. , ',( b'l d th f tI' n a d upkee Janmny 1, 1925, tne salary of the City Mechalllc ('.L mo I e an e expense 0 opera 0 n p '. ......y- thereof) shall receive a salary of $.200.00 per month. shall be $~,470.00 p.er ann~m, whICh shall be m full /"8 Ord.4825 1-10-38). compensatIOn for hIS servIces. (g3, Ord. 3061, 1-5- d , , 1925). 6-311. Water Works Department. The salaries Note: Salaries of: Supt. Swimming Pool, 6-228: and wages of officers and employees of the Water salary or Judge City Court, 34-108; salary of Mar- Works Department shall be as follows: shal City Court, 34-108; saiary of Clerk City Court, 34-108. ...-- Sf1~.\'3 ~r1~-h Superintendent ................................$208.33 per month Cashier ........--.......................__............. 120.00 per month Bookkeeper -......-....................._......._.. (See ~6-317) Chief Plant Engineer ._.........._....... 120.00 per month Three Assistant Plant Engineers, each ...........-........................_........... 120.00 per month One Repair Man, One Service Man, One Meter Reader, each ..............................._$120.00 per month Superintendent's Secretary............ 45.00 per month Consulting Engineer __..._..............____ 60.00 per month Water Works Chemist ____.........._..... 15.00 per month (g9, Ord. 4825, 1-10-38). 6-312. Milk Inspection Department. The salary of the Milk Inspector (furnishing own automobile and expense of upkeep and operation and not in- cluding salary as chemist for the Water Depart- ment) shall be $160.00 per month. (~10, Ord. 4825, 1-10-38) . 6-313. Other Officers. The salaries of such city officers as are not specifically mentioned in this or- dinance shall remain as now fixed by ordinance, 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 Com- missioners; provided, that if by agreement the sal- ary or wages paid to any officer or employee is re- 6-316. Salary of City Attorney. The salary of he City Attorney of the City of Salina shall be $1,800.00 per year which shall be in full compensa- tion for his services, provided however that for all business or cases outside of Saline County, Kansas, conducted by him, and for all cases in any court of record in Saline County except appeals from judg- ment of the Police Court, he shall be allowed such reasonable compensation in addition to his salal'y as may be allowed by the Board of Commissioners. (S9, Ord. 3323, 1-8-27; see also ~6-303; ~6-314). 6-317. Salaries Certain Officers; Deputy City Clerk That from and after January 1st, 1940, the monthly salaries of certain officers of the City of Salina as hereinafter set forth shall be in the amount hereinafter set out in lieu of the monthly salaries fixed by Ordinance No. 4895 to-wit: City Clerk and Director of Finance ................$100.00 Deputy City Clerk (not now provided for)....$100.00 Chief of Police .................-..........................._..........$200.00 City Engineer (not including salary as Engi- neer for Water Department) ...........-............$225.00 Bookkeeper for Water Department ....-...-....---$.!!O.OO~ '" Nothing in this ordinance shall in any manner change or affect any of the provisions of Ordinance No. 4825 except to the extent of the monthly sal- aries of the several officers above mentioned. (gl, Ord. 4962, 12-30-39). ~{3 /\.1, "r\ Q.,V-' \ " , (Published in the Sali ,a J urnal January 4, 1941) o ORDIl\AI~CE NO. 4985 AN CRDHTANCE relating to and fixing the sala.ries of certa.in officers and em:}loyees of the City of Salina and repealing parts of ordin- ances in conflict with the provisions hereof. BE IT meADlED by the Boa.rd of Conmissioners of the City of Salina, Kansas: Section 1. That front and after January I, 1941, the salaries of officers and emplo:,'ees of the City of Salina hereinafter named and set fo1'~h shall be the' amount hereinafter fixed 'with respect to each such officer a.nd emrloyee. Section 2. The salary of the Deputy City Clerk and ex-officio de'Duty director of finance shall be $125.00 1Jer month. ... 8ection 3. The salary of the Park Supe~intendent (WIlO shall furnish his ovm automobile and paJ' the expense of operation and upkeep thereof) shall be ";165.00 per month. Section 4. The salary of the 'i,aterworks Chemist in the \.aterworks Department, (in addition to his salary as Lilk Inspector) shall be ~40.00 X per nonth. Section 5. The salary of the Police Ma.tron shall be ~15.00 per month. Section 6. That .sections 6-307 of the Revised Ordinances Cit:f of Salina 193-9-,-being Section 6 of Ordinance lIo. 4825, and that parts of Sections 6-311 a.nd 6-31'1 of the Revised Ordinances City of Salina. 1939, being Secti on 9 of Ordinance No. 4825, relating to the salary of';'ia ter- v[orks Chemist 9...11d Section 1 of Or:J.nance No. 4962 relating to the salary of the Deputy City Clerk, to the extent that such sectjons or parts thereof are irl conflict with the provisions of this ordinance, and any other ordinances or parts t~ereof to the extent that they are in con- flict with the provisions of this ordinance, be and the same are hereby repes.led. Section 7. This ordinance shall take effect and be in force from and after its p:~blication in the official city paper. Introduced, December 23, 1940 Passed, December 30, 1940 A tte s t : Chas. i:;. Banker -City Clerk - Ed l:iorgenstern Hayor /1 /~~7.: l--y/ - (Published in the Salina Journal 1942) ORDnANCE NO. 5009 t AN ORDINANOE relating to the 8alU"y' or the Memorial Hall Oustodian. BE IT ORDAINlm by the Board ot Commissioners ot the City of Salina. Jean..... . Seotion 1. Ccnnenolng January 1. 1942. the n.lary of th. Memorial Ball Custodian ,hall be U15.00 per month. a..tion 2. !bat that portion ot Seotion 3 ot 01"d1nan.. No. 4836 in oonfliot with this ordinance be and. the .... 1. hereby repealed. S..tion a. lbi. ol"dlnanoe .hall take erfect and be 1n foroe trom and after ita publication in the offioial city peper. Introduoed. January 12. 194.2 Paeled, JanuarY' 19. 1942 14 Morgenstern Kayor Attest. Chaa. B. Banker en: ty Clerk . . . l (Published in the Seli ne Journal January 3, 1942) ORDIr~~CE HO. 5007 AN OlWITTANCE relatin.:; to and fixing the salaries of certain officers and employees of the Cit~,r of Salina and repealing certain ordinances and parts trlereoi'. BE IT ORD1~L\jED b~r the Board of Commissioners of the City of Salina, Kansas: Section 1. Tl~t froJn and after January I, 1942, the salaries of officers 'and "employees of the City of Salina hereinafter named and set forth shall be the amount hereinafter fixed with respect to each such offi cer and employee. '- Section 2. The salary of the Depu.t~r Ci t~r Clerk and ex-oJ"f:icio ~ Director of Finance shall be ~135.00 ?er:,o'lth. Section 3. The salary of the Park Superintendent (who S1l8.1l furnish nJ_S own automobile and expense of O,Jer2. tion and upkeep thereof) shall be ~ '11;175.00 per month. Section 4. l'hat Section 2 and 3 of Ordinance No. 4985 be and the same are her-eby repealed. Section 5. That the salary of rr~ecIlanic in the Street Department shall be ;130.00 per Jnonth. Section 6. That Section 3 of Ordinance No. 3061, beine: Section 6-315 Revised Ordinances 1939, and that part of Section 4 of Ordi~ance No. 4825, vi being Section 6-305 Revised Ordinances 1939, relating to the salary of I1echanic in the street Department, be and the same are hereby repealed. Secti on 7. Assistant to the shall be .JlillO.OO That there be and Superintendent of per ::LOnth. there is hereby created the office of the Sev,age Disposal Plant, who=.ese.lary Sectioi], B. There shall be in the Police Department a Chief of Police, one Police Captain, 02e Desk Sergeant and Record Clerk, tlvo Desk Sergeants, PatrOlmen First Class, Patrolmen Second Class, Patrolmen and Police Eatron" and such other special officers or special police as the City Lanager lllay frOIil time to time appoint. On the taking effect of this ordinance the City ka.nager and Chief of Police shall assign the present r:~embers of the Police Deparbient to such offices and classifications as they l<lay deem prmper and for the best interest of the Police DepartL1ent, and s;lall keep and preserve a record of the date of appointment" length of service,pay and classifi- cation of each member of the Police Department now in service or hereE'.fter appointed, and all officers of tile Folice Depart,~ent shall at any time be assii;ned to and oerforTil such duties as may be assigned and designated by the Chief of Police. Special police officers without ]ay may be a9pointed Jf' e and eommissioned 'by the City l"9.naser for Sll,ch du-cies as Flay be s:,?ecif'ied i::1 tneir COITllliissions, and such commissions Elay be revoked !:\ t any ti:,:e bJr the Ci t:,/ l-arw<~er. Section 9. The salar;y of the C,lief of :Police shall be,?200.00 ner :;,onth. Section 10. The salaries of the Police Captain, Desk Sergeant and Hecord Clerk, Desk SerGeants, ~\;'ld of First Class Patroh:ien shall be fixed at the\~res~"1t base pay-of slJch officers, to-1:'rit: Captain1;i135.CO per month, Desk .sergeant and Rec~H'd Clerk ,;;130.00 per month, Des>~ Ser?;eants and ,,:'irst Glass Patrolmen -",126~oo per ,-,c;nth llL1S D,n account COlhputed at tl1.8 rate 01'.;'1.00 Del' l'cnth increase for each year oi' service, in excess of five ye<:.rs, served l)y an;)' such cfJ,'icer on the Police Jepar'b,ent, which rate of increase shall continue unt:Ll such officer shall have served for a ,oeriod of tl','enty years on the poLice deparur,ent, at ,\",hich ti]T~e 8U8h in- creases shall cease. . Section 11. Pe.trolmen who he.ve served for less than five years shall be designated as Second Class Patrolmen. They shall receive a salary com- ;)11ted as follows :~30.00 per month for the first six months of emploY:i!,ent; ~90.00 per month for the second six months; $100.00 per month for the third six l1wYlths; \pIIO.OO per 1:'(:nth for the fourth six mc"ths;:pl15.00 ~}8r month for the fifth six ITJ)(),ths; ';;120.00 ;:'181' nO:1t11. thereafter unti 1 such 0 ffi cer shall have served five years on the depart-,;,ent, and at the expiration of such time "~e shall, if his services have been satisfactory, and if he is retained on the department and desibnated as a patrolman first class, ;lis sahry shall be fixed as provided by ordinance for ?a.trolmen F'irst Class. Section 12. Special Patrolmen she,ll receive a salary of;,;120.00 per month. \" Section 130 'l'he I-olice Lntron, "i',-ho sl1.B,ll also be c,;.retaker of the cit~/ restroom, shall receive a salary of 'lli15.00 ;Jer month. Section 14. Any special police officers who may be cOlIllirissioDed by the CitJ, "i,anac:er and assigned to spec.ial duty shall be paid such amount for their servi ces as may be fixed by the Ci ty Lana~;er and not to exceed pay at the rate of #120.00 per month. Section 15. That Section 1 and 2 of Ordina:r.ce Ho. 3323, being Sections 19-110 and 19-111 Revised Ordinances 1939, Section 3 of Ordinance No. 4825, being Section 6-304 Revised Ordinance 1939, and Section 5 of Ordinance Ho. 4985, and any other parts of ordircances specifically in con- flict 'i'ri th the precedinc sections of this ordinance, be and the same are hereby repealed. e Section 16. That Section 1 of Ordinance No. 4927 be ann the same is l1erebJr amended to read as follows: IlSect:'on 1. The salaries of officers and Ii'embers of the Fire Depart- :;:ent of the City of Jalina shall be as follows: r'-. .- ! -c / . Section 20. This ordinance shall take effect and be in force from and after its passage and publication in the official city paper. Introduced, December 22, 1941 Passed, December 31, 1941 Attest: Chas. E. Banker City Clerk Ed. borp'enstern <:> l~a.yor . ,:- /;' f;' , J f tI . (Published in the Salina Journal Maroh 5, 1942) ORDI~aNCE NO. 5012 AN ORDINJu~CE oreating the office of Night Guard at the Municipal Airport and fixing the salary of such offioer. BE IT ORDAI~ by the Board of Commissioners of the City of Salina, Kansas:, Section 1. There is hereby created the office of Night Guard at the Salina Munioipal Airport, whioh offioer shall be appointed and oommissioned by the City Manager as a special police officer with full police powers at the Salina Municipal . Airport, and who shall be paid a salary in such amount as ll18.)t be appropriated for such purpose from time to time by the Board of Commissioners in the City of Salina, not to exceed $75.00 per month, to be paid from the Airport Fund Section 2. This ordinance shall take effect and be in force after its publication in the official city paper. Introduced, February 28, 1942 Passed, March 2, 1942 Ed Morgenstern Mayor Attest: Chas. E. Banker City Clerk . .... --.... . (Publiahed ID the Salina Journal 19ft1) OROIt~JUiC,b; NO. IOU AI OlDINABCI ".lat1nc te aDd. t1x1nc tM ..larl.. ... wag.. of oertain otN..... u4 -.ploy... ot tbe Clt7 ot h11aa. .. 1'.,-.11Dc ..tala ol"dlDaQo" aa4 par'M ot .cUn..... l>t the City ot h11na. BE IT ORUAlfiU) by ta. Board ot 0..1..10n.ra ot tin. 01t7 at 8&lina, ian.... ko't1on 1. fhe. t trom. &D4 after JIUPlU01 l.t. 18011, the nlar1.. and -t" to " paid to th4J 0 trlo..... ud. apl.,.... ot the C1 V of WiD& lMntionN in till. oN1.... ahall b. the aaou:ta ..t forth 1n the foll_Lac ...t10_ ot thi. "d~... Seot1on a. 4DW1.;US'l"1lJ;l'lV. AAD i"J:~.ANO.. ';;;:,j).A.tt1'~. rlie .....1.. aM -6.. 0'1 th. tollowi.l1c ot.c~...... au4 4laployqa .hall he aa tollOWll' . City .IiaIapr. <not ID.Olw!1ftg aal&1'7 .. SuperiDtalIleat ot ..."....1'0 ~~} .. .. .. .. .. .. - .. -1116.00 per month City Olerk .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. _ .. .. .. _.. 110.00 per DlOZltb Dltputy C1V Cledt... .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. _ liO.OO per month 8ooklteGp.. aDd Aulat&Dt C1ti7 Clwk... .. ... .. .. .. .. .. .. _ 1a.00 per raonth 01.. !l"Aa:UI'er .. .. .. ... .. .. ... .. .. ... .. .. ... .. .. .. .. .. .. _ _ "1.67 per month C1. Mllaager' a s.erlllltary ... ... ... .. .. ... .. ... .. - ... .. .. .. ... _ 71.00 per aonth ~il4in& luapeo1;rgr (.ru.nu..~ own ..... &rui open.. ot .,....t1011 &Del 11"" ther..t) .. .. - 110.00 pe.. MOllth Du.p QroUD4 Caretabr .. ... .. .. ... ... .. .. .. .. .. .. .. - .. .. _ '0.00 per month ""1_ .. roue! l)t;pA.ln.lIi.i~. (a) the -.luy ot the Ch1et ot Polio. .hall be .. .. ... .. ... - ... ... .. .. .. ... ... .. ... ... .. .. _ .. 226.00 p." aOl1th (It) the aalar1.. or ,he ,.11.. Capw.a. DMk Sere.... .. RectO" Clerk. hat Sere-ta. aml of t!.rat cl.... patrolmen .ball be tla84 .t the tol1cnrm, bu. pay tor .uch ottlo... to-wit. _tala .. .. .. ... - ... .. .. .. ... .. ... .. - .. .. .. .. .. ... .. ... ... _ f 146.00 per Mollth .,.. a.rc-at aDd heonl Clerk ... .. .. .. .. ... .. ... .. ... ... _ 140.00 pe.. aontm Deak -paa. &ad. F1nt Clu. PatrolMD ... .. ... .. ... .. _ 130.00 per fM)Jltb plua AD ..cnmt OO!IIINW at tM rat. ot '1.00 ,... aoDth ine....... tot' ..oh Y'" ot ..n1.... 1rl ..... ot tift yeu'.. ..rnd by AD7 hoh 01'1'1... 011 the Po11_ Depari. .llent. whioh I'lL. ot 1.,.... .hall ooa$1_ un11 WQ ottlo.... ahall beve ......... tor a period ot twenty year. OD the Polt.. Depal"'tmeDt. .t whioh time .uch 1110....... .hall ...... . (0) Pawo1lMD who ha.... ....... tel' 1... tbe t1" )"MJ". ahall be 4..1patlM at 8eooDCl Cl... Patrolm.eD.. ttuty- .hall ,...elft a MlU'y OMpUtM .. toll.... ..., .. . A "11JUl1ue lI&1U'J' of' not to ...... '110.00 pe,. _on-, to be tixed. b7 tbe C1'1 JlaDa&w at the t1me of' -p1.,...n. .......1ac on the expert__ IUd ability of the .,107M. u4 .uoh "&$!P'\JT'I Hlu7 '0 tixell .bal1 be t.noao.a... .10.00 pel" aonth at t~ e. ot ....b. au.....l... 'u I1tlDllh pwiol of' OOD't1m.lOU' .ploJlUD1'! W'lt1l lIUoh a1.."Y .1'&11 naoh '110.00 per mon-, &DIS ,11&11 "' .110.00 per month thene.t'tw Wltl1 'uoh ottioo,. .hall ha.... .ornct f1ve ,..-.r. 0J:l the clopal"tl:aellt, an. at tlbe ..inti_ or neh time he .hall, if' h.ie ..rTie.. haw boen eat1.tutory. aDd it he 1. :ret&1IM4 on the depal'ia_ and 4..i~te4 a. .. patrclau til'.t ola.., hi. aa1ar,y .hall bo t1sN a. proncled. by ord1nan.. for "~ro1a.a Fir.t 01..... (4) "'01&1 Patrolaa ,hall .....i... a .alal"J of .. ... ., 110.00 pw month (0) The Poli.. Matron. who ahall alao be .arotUe of' the C.lty B.e.troaa ahall reoeln .. nll.l'7 of' - - - 1&.00 per month (t) 4ilq IIpee1&1 poll" otf'loor. who -.:r be ._d..lon" by tM City SI~... aDd ....1gne4 to .pecl&l duty .hall be 1'''14. Iw.h amOUl1t tor their a.."l... u -.,. ~ t'1ucl by tNt 01'7 ....geI" ... Do1l to uue' pay at t_ rate ot '110.00 I)4tr month. ...tion'. "lB.i: DL?Al;.'!1.:J.Jr1'. the nluie. of of'fi..r.an4 maBbve ot iiW i;~1'r. fiepartr.l.at oi' tJw City of Sal1na .il&ll be u fol1..... . 'ire Chiet - - - - ~ - - . . - . . . _ . _ _ _ . ., two .l".i......t 1'11'. Chief. ... - ... .. ... .. .. .. .. .. .. _ One fire w~otor .. ... - .. .. .. .. ... .. .. .. .. .. .. _ ... I'c1.11" Lieutenant.. ... ... .. ... .. _ .. .. .. .. .. _ ... _ .. . _ 'Ir_eIl f'11'.t Cla.. .. .. - .. .. .. .. _ .. .. _ _ .. .. _ two Oper&tor. .. .. ... . .. .. .. _ _ _ _ _ .. ... .... .. Flr-..n S_Qn4 Cla.. ah&ll be all r 11'.... llh.c ha.... .."ed 1... tbul ... ,...... Gal the F1re ge~ am .hall 'be paid ...lari.. a. toll.... A Mc1ImiDlaJ...,. not to exoMi $UO.OO f)"1" acnth to be tiakl by tM C1tJ :Muapr at the Umect -,lO)'laOl.tt, 4epetldlB& em the export..e .. abl11qr ot the .p10TH. and auoh M&1=1nc Ml&1"J anall 0. lno...... .'.00 POI' JI.(l,,"th at the end ot ...oh Bucoo..l... lix montha period ot .... t1nuou. caployunt \U1t.11 auch ...1"17 Bhall rMoh t136.oo per lllontn. a.a4 t~ it ttuwB .orn... haw bea. atiataotcry and. 1t ~..... re- tainK on the ;'1,.. Depar1:wm.t aDd 40alpatell .. J."1ra' ok.. fireaen. their .dart,. ahall b. $136.00 per aoD1lh. (a) (b) (0) (4) (e) (t) (I) 225.00 per aonth 150.00 per aonth l'~. OC per aOnth 1.0.00 pv aonth 111.00 per _th lla. SO pel" aonth . OD tho taJd.ng ettoot ot thie arctlDanoe thAt 01 ~ ~ aDIl Chief of' ,1ft DeplU"'taent .hall cl....it)" Md. 4ulg_" tho cla..ifloatioD ot the .-n,bwa ot the fire De,partant now 1A a.moe anti .hall keep M4 prea....... a reoerd ot the date ot appoiatmeat. l~h ot ..nl... ptI.T and cl...1... !'1oatlon o~ eaob ......... o~ 10lw F1,.. J)epu"tlaet now in ..ni.. or hereat"ter tlPPOlllM4. 1a1ar1.. ot ttIq .peol&l 1"1,.._ ahall bo t1u4 by the 01. .lfuagor not to ...., tNt ...11llJ7 o~ recul... tir... Beetlell'. f4.A!m WORKS DJ<-PAR'l'MQT. The ea1&l')" &Del a&e' of ott10en a.nd _ployeo. 01' 'the w.'MrWol". Departm.8Ilt .hall 'be ... toU.,.... ... -.. . 8uper1ateadeat..... .....................,.... .. .,.'w.,. ............ Caahl.r . - - _ _ . _ _ _ . . . _ _ __ _ _ _ _ _ _ .. Bookk.1teper - - - ... _ _ _ _ . _ . _ _ _ _ ... .., ... ... _ _.. A8s1.taDt Bookkeeper ... ... ... ... .. ... .. .. .. ... .. _ ... .. .. ... ... I AaslwtMm:t 1~1ant &new...., Moh _ ... .. .. ... ... ... ... ... _ I Sel"Y1olltlMll and 1 Jfete.. 1M".,., -.oh .. ... ... .. ... ... ... _ Oouult1n& la<<1neer (111 "clition to ..1.". a. CtV Jila&laeer) ... ... .. ... ... .. _ Super1nteDd..-t'. "'retal7 (In "\lltton to ea1U7 .. C1V ~W. sn,..tuT)... _tel" 'lor. CUai.t (Ia lIdcU15ion to ..1ary .. M1D: lIapeotor) ... - .. ... ... . . 108.0 pet' month 1"00 iJV mo;:th 150. 00 plr month 100. 00 per month 136.00 per month 135.00 plr month 11.00 pc' month ".00 P'" aonidl 40.00 ,... monh ,"151on ~ s'ftU"t1' l).~.J)/Ht..i~"T. the .alar1.. ani w&bee ot otd.en aDd ern1?lo;:rM' of the Stroot De~ant of the Oity or Balina. Ihkll bo A' toll.... Super1DtleDdqi;: (furn1alU.:., own automobUe ~ exp61'i&' or upkoei) a.nd 0 perlltion) - .. - .. - i IIIohaniG. ... - .. - - _ _ .... ... __ .. .. _ .. _ .. _ _ _ .. . . 216.00 per lIIlGlltll l.frO.OO pel" saoldh SIotloa 7. DCI1.:';...U:;C .~. .;\,l.h!L.:..~l'. fh.e aala.rl.. oJ: ot~'ioer. .... . ,~ ,. 1 of the Enp "~ ~1)l& Depar-Qr,ct ablUl be aa t'o11ow.. City Rnt,;1neer (net 1.n'31'.\~inc 1&1..", ... ~g1..J" tor tbe if. tel' Depart".ment) ... ... .. .. .. .. . .. . 116.00 per mon. . 'the .oove ZMnt: oned shall l"Urnlah ~ a.utotae'bUe, tloU4 t_ OZP". or operation L'1~Upkeop tiltJreot, tor u.. lu the 'OI".t01'm&nM 01"',1. cl1..1tlea. lot to .xes... two .~a1.tIJ'lt Cl ty li'IAgln~... wMD 114Meas..,. at .uoh ..1..,.,. .. M.7 be tlue! lri the City ~, Aot to ...... '150.00 per aon1;h. section at T~ ...Iariee of the tollowin& ~d _p10)..... ot t~ Parle o.par~. whc dur1Dg u,y 'fto&DO)1 in the officI of Puk kper1a- ~nt thall be ,..nder the air'ot SUPflrvia.i.<<;in of th$ City ltanag4tl'. .!wall be .. tollowal Cah:1ale ?ark .. ... ... ... ... ... ... .. ... .. .. ... ... ... . .. ~~k-._.__.__....__~ aua.et Part ... .. .. ... .. ... .. ... .. ... ... ... ... .. .. _ . 1:56.00 p.r ao'" 110.00 per .mo"" 110. 00 ~J" moD\Ja StJOtlQ1l e. SIW!GE ID.s:'v!L D.i&;')AHT,;Q~lJT. !he 8u:per1dend.at &.Dd Cl.1ltocUU 0'1 the S..p DllponJ. aDd ....p Puaf1D& P1aDta. (f\u"n1ab.1JlC hi. 0_ &11taaobU. an4 the expen.. of op....t10n aDd up~ tber.-ot"1 Ihall l'Mol... · IAlary ~ ... ... ... .. ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... . '..00 per moll1;ll .....lnaut to h,e.r1D'-a4..- a.wag. Dl.po..1 Pl., .. ...... 116.00 pel" .ooth Seo1510Jl 10. MILl :ni;;'~'C?IO)j UD lLAL'l'H D.h:?A,RT,{ENT. flw ...1....,. 01" the to1.l8lf'1Dc 'otfio.... and _ploy... or the Ati1k Inapeotlon and Health Depal"tueJlt. 11_11 be .1 roll.... Health 'OS'....t:or .. ... ... .. .. .. .. .. .. .. .. ... ... ... .. ... .. .. .. _. Iaapeotor- - _ .. _ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ _ . _ Cl-er,k - - _ _ .. _ _ _ _ _ . _ _ _ _ _ __ _ .. _ _ . _ _ . 186.00 per month 111.00 per moath 11.00 ?Or month 4Il . Section Ui J..ISA.L DRPARfiU... fhe OOIQpeuation or the Clt;y AttorMy .hal be ae D01r pl'"ovU_ b7 orcl:1nuoe. the wary of the Pol1oe J\ad.ge 'hllll Oe .. .. .. .. .. .. . 60.00 P" month ~t:i.on ~ ~IL\.)Dia Dl:.l~AR'f'..u;B1'. fhe aal&ry of the City UI.ll Cuatod,1a, 1 ~ .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. . 91.00 per ___ ""101l 11. .BIIIORlAL 1W..L Dtt?AaT'..u~~~rl. thll M1ar,y ot the "orlal BIll Cuatocl~ 'hall be .. .. .. .. .. .. .. .. .. .. .. .. . .. . 186.00 ~I" UlOQth. . ~tlon U.. WIICI!).l!. 41ti.pm.;t DbPAR'tUEII'. The nJ.a1"J of t.blt lUghtt Ou..rd '" Jfwa1e1pa1 A1rport .hall be .. .... .. .. . 8Q.00 per -nil S.o'C1ol1 If.C~EJ:tY Dli..PAhTii.t,m. Tn. ,.1al"J' of the hnon. Oyp,ua MIl ~ery ahall b. .. .. .. .. .. .. .. .. .. .. .. . 110.00 pel' aontb Seoti,.!! IS. Tbe ..lui.. oJ: ... oity of"t"io.,.. OJ' .plo,.., .. .... not lpeolf1eirq MDtioDed. ill tt~1, ard1n&ll.. 'hall I"..un iU now ri_ by OI"cUJuusoe. aad .nen..... 1t I, neo...&.I')" to .plo7 any penoa 1n &rIT 4.,.r~ who,. -.ge, ...... not lIpoo1tloally t1ucl 1n thie ol'din..... 1:aoludlDg alloCllllOZl labor, tho -ag., ot lID7 WGh eap1~ 'hall " allOh a. may be N..u4 by the C1. .Mu4ag.,. u4 a. may be al101t'llC1 and pai. t... time to tJae by taw .Golu"d of Commie'101leN' proYU., that 1t by agr..eJ:rt tM alar,y or wa.,g.. ,.14 to My 01'1"1..... or -ploy_ 18 recluM4 trOll thM.u\IDt ....0, fixed 01" thlllretotore 1. .tt..i:. tho U&Ount eo au... UpoA. WbeA allowed. 0.11 pa1cl by the .aoara of CclaIm1'.ione" and .OCUllpW by the ott1081" or ..,10,... ahall b. 1Z1 rull pa~ tor M. ..nl.... ~tlon .11. "'thing 1n t.tt1e ord intul.. ahall b. d.... to att"t or obaD,g. the t--. .1" proyuione ot &n,y ord1zaanoe now ln .tteot, ...0'" to al.loh ex'bct A' the .alar1.. and """.11;.' ot oillo.. -.nd ffJJ1ploy... ot the C1ty U. cbanged '07 tll1. o..~u.DAII'" 2M1r10n let. 1tlUilh.&.L. tbat s.oUou 2, " 6. Sf a ancl lOot Ord1uaDOe ... -'&11. ....1011 1 of Ord1zau. 1'0. '911, SeotlCHl. .. allf! IS ~,t Ord 1naao. !ID. 6981. Ordtaa.. ..... 600t, &n4 hotlQ1\8 I, a, i. 10, 11, 1', I', 16 a.ad 18 fd Vl"t.U.naa.. 10. 0007. ancl auoh parM 01' o'tl'''' ClI'd h..... .. &r4t Sa ap.oUta MAtlin witob. tn. te.... ot till. ord1...., be and. 1:;.1'1. ... .... haft. repealed. Ieotlon li. filia oN1..... '.hall __ e.ft'eo1; aM beln 1'01'0. Arter 1_ publ1oatloD 1n 'the orr'loial oi ty pap.... latrodu.... ne..m.r 11, 1MI Pu..., Dee_her II, 1 NI . A.t..t. Ghae....Banar CIty clerk -.!' ,r,:,_te~ , , . ( Published in the Sal ina Journal May 7, 1943) ORDINANCE NO. 5028 AN ORDINANCE relating to and providing for certain employees of the Fire Department. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: . Section 1. That the employment of three employees of the Fire Department, to serve as telephone operators for the Fire Department under the direction and supervision of the Fire Chief, at a salary of $80.00 per month, is hereby authorized; Provided, that any or all of such EIIlployees may be women, and provided further that such employees shallnot be considered to be fire- men or members of the Fire Department as such terms are used in any acts or ordinances relating to the firemen's relief fund or the firemen's pension fund, or other ordinances relating to fire- men, and they shallnot be entitled to participate in the firemen's relief or pension funds, or in any insurance plan provided for fire- men, and no deductions are to be made from the salaries ~ such employees for fees, dues or contributions to the Firemen's Relief Fund or the Firemen's Pension Fund of said city. Section 2. This ordinance shall take effect and be in force after its publication in the official city paper. Introduced, April 26, 1943 Passed, May 3, 1943 Attest: Cpas. E. Banker City Clerk Ed Morgenstern Mayor . . (Published in the SaHna Journal l.!:ay 14. 1943) ORDL\ANCE NO. 5029 AN ORDINANCE relating to and fixing the salaries and wages of certain officers and employees of the City of Salina and repealing Section 8 of Ordinance No. 5025. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. I'hat Sectj.on 8 of Ordinance No. 5025 be and the same is hereby amended to read as follows: "Section 8. Park Department. The salaries of the following named officers and employees of the Park Deparuuent shall be as follows: . Superintendent of Parks, effective May 1. 1943 Foreman. Oakda1e Park - _ _ _ _ _ _ _ _ _ _ __ Foreman. Thomas Park - _ _ _ _ 10'0 r ernan. Sunset Park - _ _ _ _ _ _ _ _ _ _ _ _ -~185.00 per month 135.00 per month 130.00 per month 130.00 per monthll Section 2. That original Section 8 of Ordirlance No. 5025 be and the same is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced. May 3. 1943 Passed. May 10. 1943 Ed Morgenstern Mayor Attest: Chas. E. Banker City Clerk- . tr ~ . (Published in the Salina Journal July 3. 1943 ) ORDINANCE NO. 5032 .A1i ORDINANCE relating to and fixing the salaries and wages of certain officers and employees of the City of Salina and repealing Ordinance No. 5029 and original Sections 3 and 4 of Ordinance 5025. BE IT ORDAINED by the Board or Commissioners of the City of Sr11ina. Kansau Section 1. That from and after July 1. 1943. the salaries and wages to be paid to the offioers am EIIlployees of the City of Salina mentioned in this ordinanoe shall be the amounts set forth in the following sections of this ordinance, Section 2. POLICE DEPARTMENT: .. (a) The monthly salary of the Chief of Police shall be ___ (b) The monthly salaries of the Police Captain. Desk Sergeant and Record Clerk. Desk Sergeants. and of first olass patrolmen shall be fixed at the following base pay for such Officer. to-wit: . 225.00 Captain - - - - - _ _ _ _ _ _ _ _ _ ... _ _ _ _ _ _ _ _ _ .. 178.00 175.00 Desk Sergeant and Record Clerk _ _ _ _ _ _ _ _ _ _ _ _ __ Desk Sergeants - $165.00; One Speoial Sergeant _ .159.00; First Class Patrolmen - 4160.00 - plus an amount canputed at the rate of .1.00 per month increase for each year of service. in excess of five years. served by any such officer on the Police Department. whioh rate of increase shall con- tinue until such officer shall have served for a period of twenty years on the Police Department. at whioh time suoh increase shall cease. (c) Patrolluen who have served for less than five years shall be designated as Seoond Class Patrolmen. They shall receive a monthly salary computed as follows I . Not to exceed '135.00 per month for the first six months. to be fixed by the City Manager at the time of employment. depending on the experienoe and ability of the employee. and suoh salary 80 fixed shall be inoreased $5.00 per month for the second six months and shall be '140.00 per month thereafter until suoh offioer shall have served five years on the department. and at the expiration of such time he shall. if his services have been satisfaotory. and if he is retained on the department and designated as a patrolman first class. Ilis salary shall be fixed as provided by ordinanoe for Patrolmen First Class. . '. .. " . (d) The Polioe Jlatron who shall also be oaretaker of the City' Redroom shall reoeive a mcmthly salary ~ of - - - - - - - - _ . 20.00 (e) Any special polioe officers who may be oommissioned ~ the City Manager and assigned to special duty shall be paid suoh amount for their servioes as may be fixed by the City.Manager and not to exceed pay at the rate of $135.00 per month. Seotion 3. FIRE DEPARTMENT The monthly- salaries of officers and. members of the Fire Depar-tment of the City of Salina shall be as follo'W3: (a) Fire Chief - - - - - - - - - - - - - - - _ _ _ . 225.00 (b) Two ~sistant Fire Chiefs - - - - - - - - - -- 165.00 (0) One Fire Inspeotor - - - - - - - - - - - - _ _ 160.00 (d) Four Lieutenants - - - - - - - - - - - - - _ _ 155.00 (e) Firemen First Class - - - - - - - - - - - _ _ 145.00 (f) Three Operators - - - - - - - - - - - - - - __ 80.00 eaoh (g) Firemen Second Class - - - - - - - - - - - - - 140.00 (h) Fir~en Third Class - Two at $135.00 and one at 130.00 Section 4.. PARK DEPARTMENT. The monthlY' salary- and wages of the Park Department shall be as fo11owu . Superintendent of Parks - - - _ _ _ .. _ _ _ _ _ _ _ Foreman. Oakda1e Park - - _ _ _ _ _ _ _ _ _ _ _ _ _ Foreman. Thomas Park - _ _ _ _ _ _ _ _ _ _ _ _ _ __ For~ Sunset Park - - - _ _ _ .. _ .. _ _ _ .. .. _.. 185.00 150.00 145.00 145.00 Seotion 5. REPEAL That OrdinAnoe lio. 5029 and Sections 3 and 4 ot Ordinance No. 5025 be and. the same are hereby repealed. Seotion 6. This ordinanoe shall take effect and. be in toroe after its publioation in the offioial city paper. Introduoed, June 21, 1943 Passed. June 28, 1943 Ed Morgenstern Mayor Attest}, Chas. E. Banker City Clerk . (Published in the Salina Journal e ORDI;;Al~CE NO. 5214 1947) AU ORJr::,ANCE FIXING TliE SALMGES .A1-;J ';VAGES OF' VARI US CITY Oc"PICERS and employees of the City of Salina, Kansas, and empowering the City l"ana,. er of said city to employ such other employees as he deems necessary for the vHrious departments of the said city, as now existint or hereafter created, and repealing certain ordinances, parts and sections thereof. BE IT ORDAINED by the Board of COIrlLtissioners of the City of Salina, Kansas. Section 1. That the officers and employees, which includes all of the officers of the City of salina.', Kansas, named in this ordinance shall receive the salaries or wages as herein specified. Section 2. Administrative Department 1. City Manager, per annum Law Departmen t: 1. City Attorney, per annum 2. Police Judge Department of Public Vvelfare: 1. City Health Officer or Director per a:.n um Section 3. Section 4. - Section 5. Park Department: 1. Superintendent of Parks, Per annum Section 6. Department of Safety: 1. Chief of Police, per annum 2. Fire Chief, per annum Section 7. Department of Service: 1. City Lngineer, per annum 2. Superintendent of Streets, per a.nnum Section 8. Department of Finance: 1. City Clerk, per annum 2. Deputy City Clerk, per annum 3. City Treasurer, per annum Section 9. Wa ter 'Works Department: 1. Superintendent, per annum 2. Cashier, per annum Secticn 10. Miscellaneous: 1. Building Inspector, per annum 2. Superintendent of Sewage Disposal per annum 3,300.00 2,400.00 1,020.00 2,5BO.00 3,000.00 3,300.00 3,300.00 3,300.00 3,300.00 1,560.00 2,400.00 660.00 3,300.00 1,920.00 2,160.00 3,3:)0.00 Section 11. 1hat the salaries and wages of the officers and employees herein provided for in the preceding sections, and the 'finges of all other employees of the City of Salina, Kansas, shall be paid semi-monthly. Section 12. The City !<ila.nager is hereby authorized to employ such additional employees for the various departments of the City of Salina, Kansas, 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 1Nages are ~lOt specifically fixed by this ordinance, including all COllirr!on ~abo~, the wates of any such employees s~all be such as may be f~xed by the C~ty Manager and as may be allowed and pa1d from time to time by the board of Commissioners. - Seotion 13. That ordinanoe number 5041 be end the same is hereby repealed. Seotion 14. This ordinance shall take effect and be in foroe the first pay period after its publioation in the official city paper. Introduced, May 5, 1947 Passed, May 12, 1947 Al Noyce ~;layor Attest: Chas. E. Banker City Clerk - - ,." ..... . Published in the Salina JOurnal December 1943 ORDINANCE NO. 5041 AN ORDINANCE fixing the salaries and wages of various city officers and employees of the City of Salina, Kansas, and empowering the City Manager of said city to. employ such other employees as he deems necessary for the varieus departments of the said city, as now existing or hereafter created, and repealing certain ordinance, parts and sections thereef. BE IT ORDAINED by the deard of Cemmissioners of the City of Salina, Aansas: Section 1. That the officers and employees, which includes all of the officers of the City of Salina, Kansas, named in this ordinance shall receive the salaries er wages as herein specified. e Section 2. Administrative Department: 1. City Manager, per annum $ Section 3. Law Department~ 1. City Attorney, per annum 2. Pelice Judge, per annum Section 4. Department of Public Welfare: 1. City Health Officer or Director per annum Section 5. Park Department: 1. Super intendent of Parks per annum Section 6. Department of SafetYJ 1. Chief of Police, per annum 2. Fire Chief, per annum Section 7. Department of Service: 1. City Engineer, per annum 2. Superintendent of Streets per annum Section 8. Department of Finance: 1. City Clerk, per annum 2. Deputy City Clerk per annum 3. City Treasurer, per annum Section 9. Water Works Department 1. Superintendent, per annum 2. Cashier, per annum Section 10. Miscellaneous: 1. Building Inspector, per annum 2. Sliperintendent of Sewage Disposal Plant, per annum 2700.00 2400.00 900.00 2220.00 2400.00 3000.00 3000.00 3000.00 3000.00 1500.00 2100.00 500.00 2700.00 1800.00 2040.00 3000.00 Section 11. That the salaries and wages of the officers and employees herein provided fer in the preceding sections, and the wages of all other empleyees of the City of Salina, Kansas, shall be paid semi-menthly. Sectien 12. The City Manager is hereby authorized to employ such additional employees for the various departments of the City of Salina, Kansas, as new exist, er are hereinafter created, as may be necessary fer the efficient eperatien ef such departmen~s, and whenever it is necessary to. employ any person in any depart- ment whose wages are not specifically fixed by this ordinance, including all common labor, the wages of any such employees shall be such as may be fixed by the Oi ty .Ma~ager and as may be allowed and paid from time to t:ime by the Board of CamnlJ.s s J.oners. e ,",,- i e Section 13. That ordinances numbered 5032~ 4985~ 5029~ 5007~ 5009, 5028, Section 3 of Ordinance No. 4012 (Section 6-105 Revised Ordinances of 1939), Section 2 of Ordinance No. 3359(Section 6-206 Revised Ordinances of 1939), Section 1 of Ordinance No. 2263 (Section 6-226 Revised Ordinances of 1939), Sections 2 and 3 of Ordinance No. 3110 (Sections 6-228 and 6-229 Revised Ordinances of 1939) and each section or parts of ordinances incon- sistent or in conflict with the foregoing sections of this ordinance, be and the same are hereby repealed. Section 14. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, December 13~ 1943 Passed~ December 20, 1943 . Ed Morgenstern Mayor Attest: Chas. E. Banker - City Clerk . . . . Ch. 6, Art. 4 CITY OFFICERS.-Planning Commission. 79 ARTICLE 4.-City Plannin~ Commission. See 12-701 G. S. 1936) 6-401. City Plannin~ Commission created. That there be and there is hereby created a CommissiQn to be known as the City Plannin~ Commission ot the City of Salina. (~1, Ord. 3083, 3-2-26). 6-402. Members of Commission; appointment. The City Planning Commission shall consist of 7 mem- bers, all of whom shall be tax payers and residents of the City of Salina and shall be appointed by the Mayor and with the consent of the Board of Com- missioners. That said members shall serve for terms of three years from the first day of May of the year in which they are appointed, and that not more than two of such members shall be appointed in anyone year, provided, however, that vacancies caused by the death, resignation or other disability of any member shall be filed for the unexpired term only. That the members of such commission shall serve without compensation and shall perform the duties and have the powers hereinafter provided for; and provided further, that the members of the City Planning Commission now holding office as such shall continue to hold such offices as members of the Commission hereby created until the expiration of the terms for which they were heretofore appointed. (S2, Ord. 3083,3-2-26). 6-403. Organization of Commission. The mem- bers of the City Planning Commission shaIl meet at least once a month at such time and place as they may fix by resolution. They shaIl select one of their number as Chairman and one as Vice-Chairman, who shall serve one year, or until their successors have been selected. Special meetings may be caIled at any time by the Chairman or in his absence by the Vice- Chairman. A majority of the Commission shaIl con- stitute a quorum for the transaction of business. The Commission shaIl cause a proper record to be kept of its proceedings. (S3, Ord. 3083, 3-2-26). 6-404. Duties of Commission. The powers and duties of the Commission shaIl be to make plans and maps of the whole or any portion of the City of Salina and of any land outside of the City, which in the opinion of the Commission, bears relation to the planning of the City of Salina and to make changes in such plans or maps when it deems the same advisable. Such maps or plans shall show the Commission's recommendations for new streets, aIleys, ways, viaducts, bridges, sub-ways, park-ways, parks, playgrounds or any other public ground or public improvement and the removal, relocation, wid- ening or extension of such public works then exist- ing with a view to the systematic planning of the municipality, and the Commission shall make recom- mendations to the Board of Commissioners of the City of Salina concerning the location of streets, transportation and communication facilities, public buildings and grounds and other civic improvements and matters affecting the appearance of the City; and shall make such recommendations as they deem proper relative to any matters concerning the loca- tion of buildings or other matters which may be referred to them by the Board of Commissioners. Whenever the Commission shall have made and agreed upon a plan for the development of the muni- cipality or any portion thereof, such plan or plans shall be submitted to the Board of Commissioners for their consideration and action. (S4, Ord. 3083, 3-2-25). 6-405. Plats and additions submitted to Commis- sion. AIl maps, plats or re-plats of land laid out in building lots, and the streets, alleys or other por- tions of the same, intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon, or adjacent thereto, and located within the City limits of the City of Salina, or any addition, adjoining and connecting with such City, shall be submitted to the City Planning Commission for their consideration and their recommendations, and shaIl then be submitted to the Board of Com- missioners, of the City of Salina for the official consideration and action of such Board. No such plat or re-plat shall be filed with the Register of Deeds, provided by law, until such plat or re-plat shall have the endorsement upon it of the fact that it has been first submitted to the City Planning Commission and by the City Planning Commission to the Governing Board or body of such City, and by such Governing Body duly approved, in accord- ance with the requirements of Sections 12-705 and 13-1413, of the Revised Statutes of Kansas, 1923. (S5, Ord. 3083, 3-2-25). 6-406. Plats approved by Board of Commissioners; filed with Register of Deeds. Any person or corpora- tion desiring to subdivide any tract of land within or touching the boundary line of the City shall plat the same so as to conform to plats, streets and alleys of said City next adjoining said land, and shall sub- mit the plat thereof, together with an abstract of title to the Governing Body of said City for approval before filing said plat in the office of the Register of Deeds. No reservation shall be made in the de- dication of the streets, alleys or public grounds by said grantor in any of such streets, alleys or public grounds for any purpose whatsoever. When any such plat is filed with the Board of Commissioners 80 CITY OFFICERS.-PlanningCommission. Ch. 6, Ari. 4 of the City of Salina for approval the same shall be referred to the City Planning Commission for their recommendation, as provided by the preceding sec- tion of this ordinance. No plat or any land of which the st!'eets and alleys do not conform to the streets and alleys next adjoining shall be legal unless the same shall be submitted to the Board of Commis- sioners of the City of Salina and by such Board of Commissioners approved, or if any reservation is made by the grantor in any street, alley or public ground contained in any such plat. (~6, Ord. 3083, 3-2-25). 6-407. City open streets; plats illegal. Whenever any plat is filed, the streets or alleys of which do not conform to the streets and alleys of the City of Salina previously platted and next adjoining such plat, the City of Salina shall have the right, if such plat was not'duly approved by the Board of Com- mi,.doners of the City of Salina, to .open any street Oi'. alley through such land, which may conform to the streets or alleys adjoining such' plat, and in opening any such street such plat shan be regarded as not having been filed, and the owners of the pro]H.>l'ty through which such streets or alleys are opened, or of any other property affected by such opening, shall have recourse for such damages as they may sustain against the grantor or grantors in said plat in accordance with the provisions of Section 13-1413 of the Revised Statutes of Kansas, 1923. (97, Ord. 3083, 3-2-25). 6-408. Conflicting ordinances repealed. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. (~8, Ord. 3083, 3-2-25). . Ch. 6, Art. 5 CITY OFFICERS.-Memorial Hall. 81 ARTICLE 5.-Trustees of Memorial Hall. (See 73-407 G. S. 1935) . 6-501. Memorial Hall Trustees; Board created. That the management and control of the Salina Memorial Hall, the Memorial Building erected by the City of Salina pursuant to the provisions of a certain special election heretofore held in the City of Salina authorizing the issue of bonds for the pay- ment thereof in accordance with the provisions of Chapter 256 of the Laws of the State of Kansas, 1921, be and the same is hereby vested in a Board of Trustees, consisting of three members to be ap- pointed by the Mayor of the City of Salina. Said Trustees shall be residents of the City of Salina, each of whom shall be appointed for the term of three years, from the first day of April in the year of such appointment; Provided, that the term of no two members shall expire in the same year, and provided further that all members hereafter appoint- ed shall be so appointed upon the expiration of the term of office of the Trustees holding office at the time of the taking effect of this ordinance. Any vacancy on said Board by reason of death, resigna- tion or other disability of any of said members shall be filled for the unexpired term of the member causing such vacancy. Said Trustees shall serve without compensation and shall make annual reports and recommendations to the Board of Commissioners . of the City of Salina, respecting the management and use of said building and the needs thereof. (91, Ord. 3084, 3-2-25). 6-502. Powers and duties of Board. That the Board of Trustees shall have sole charge and man- agement 01 said Salina Memorial Hall and shall have authority to lease all 01' any part of said build- ing for hh'e to any person 01' persons desiring to lease the same and to fix the rate and terms upon which the charge shall be made and collected there- for, and to make such provisions for the use of said building as they may deem necessary and proper. ~~2, Ord. 3084,3-2-25). 0-503. Income; tax levy. That all of the income received and derived from the use of said hall shall be paid by said Board into the City Treasury of the City of Salina to be kept in a fund to be known as the Memorial Hall Fund, and all expenses of main- tenance and other expenses in connection with said Memorial Hall shall be paid out of such fund, on vouchers approved by the Chairman of said Board and duly appropriated by Ordinance, and the Board of Commissioners may annually levy a tax of not more than 1/10 of one mill to take care of the ex- penses and maintenance of such Memorial Hall not provided by the income from such Hall. (~3, Ord. 3084, 3-2-25). . Ch. 6, Art. 6 CITY OFFICERS.-Library. 83 ARTICLE 6.-Library Board. (See 12-1201 et seq-G. S. 1935) . 6-601. Library Board created; appointment; terms. That there be and there is hereby created a Board to be known as the Directors of the Salina Free Public Library, consisting of nine (9) members, one of whom shall be the Mayor of the City of Salina, who shall be an ex-officio member of said Board, and the remaining eight (8) members shall be ap- pointed by the Mayor by and with the approval of the Board of Commissioners, all of said members to be chosen from the residents of the City of Salina at large, with reference to their fitness for such office; provided that no person holding any official position under the City, other than the Mayor, shall be appointed a Director while holding such office. All of the present members of the Board of Direc- tors shall hold office until the expiration of their respective terms, which expire as follows, to-wit: Two on April 5th, 1925, two on April 5th, 1926, two on April 5th, 1927 and two on April 5th, 1928. Up- on the expiration of the terms of such members the Mayor shall annually appoint two members of said board who shall hold their office for four years from and after the 1st day of February of the year in which they were appointed, and thereafter all terms shall be for four years from and after the 1st day of February in the year of such appointment. Any vacancy created by resignation, death or otherwise shall be filled by appointment by the Mayor for the unexpired term only. Such Board shall serve with- out compensation. (~1, Ord. 3085, 3-2-25). 6-602. Duties of Board; expenditures; treasurer. Such Board shall effect their own organization and . elect officers from their own members, and shall adopt such by-laws and rules for their own guild- ance and for the government of the Library as they may deem expedient, and not inconsistent with the laws of the State of Kansas with reference to Public Libraries. They shall have fuli and complete charge and supervision of the Library and all of the build- ings, grounds and rooms set apart for that pur- pose, and shall have all such other and further duties a:., may be provided for such Board by the laws of the State of Kansas. They shall have exclusive con- trol of the expenditures of all moneys collected by taxation or otherwise to the credit of the Library Fund, which fund shall be kept in the Treasury of the City of Salina, and shall be kept separate and apart from other funds. The City Treasurer, upon receiving a certificate signed by the President and Secretary of the Board of Directors to the effect that the person named in such certificate has been duly elected as the Treasurer of the Library Fund and has given bond as required by law, shall pay over to such Treasurer all funds collected for the maintenance of such Public Library, to be by such Library Treasurer disbursed under the direction of the Board of Directors as by law provided. (~2, Ord. 3085, 3-2-25). 6-603. Tax levy. The Board of Commissioners of the City of Salina shall annually levy a tax of not to exceed one mill on the dollar on all taxable property in the City, subject to taxation, to be levied and collected in a like manner with the other taxes of the City of Salina, to be known as the Library Fund, which shall be handled and disbursed as by this ordinance and by the laws of the State of Kan- sas provided. (~3, Ord. 3085, 3-2-25). . - . Ch. 6, Art. 7 ARTICLE 7.-C~metery Board. CITY OFFICERS.-Cemetery. 85 See Ch. 223 Laws 1891, "Vacate, as a cemetery, cer- tain lands to "Gypsum Hill Cemetery Association." 6-701. Cemetery Board; powers and duties. That the Board of Directors of the Gypsum Hill Cemetery Association which shall have the management and control of the property and affairs of said Gypsum Hill Cemetery Association and of the Gypsum Hill Cemetery, located in the North-east Quarter (NE74,) of Section Eighteen (18), Township Fourteen (14), Range Three (3), Saline County, Kansas, be appoint- ed by the Board of Commissioners of the City of Salina, said Board of Directors to consist of six members not more than two of whom shall be ap- pointed in anyone year, and who shall hold their offices for a period of three years from and after the date of their appointment; provided that the members of the Board of Directors of the Gypsum Hill Cemetery Association heretofore appointed by the governing body of the City of Salina, Kansas shall, at the first meeting of such Board of Directors, after the taking effect of this ordinance, fix the terms of such present directors, by lot or otherwise, the manner thereof to be determined by such Board, so that the terms of office of two of the present mem- bers shall expire on the 1st day of January, 1926, two on the 1st day of January, 1927 and two on the 1st day of January, 1928, and that thereafter the gov- erning body of the City of Salina shall annually be- fore January first of each year appoint two mem- bers of such Board, to hold office for a term of three years from and after the 1st day of January follow- ing such appointment; and provided further that vacancies caused by the death, resignation or other disability of any member shall be filled for the un- expired term only. Such members shall serve with- out compensation, shall effect their own organization and elect their own officers, shall have the sole con- trol and management of said Cemetery, and shall have all of the authority conferred upon them by the laws of the State of Kansas or by such ordinances of the City of Salina as shall not be in conflict with such laws. They shall adopt such bylaws and rules for their own government and the government of said Cemetery as may be necessary. (SI, Ord. 3086, 3-2-25) . 6-702. Gypsum Hill Cemetery; Trust Deeds; Per. petual Care of Lots. That whenever any person shall desire to place or deposit with the City of Salina any money or securities to be used in improving, main- taining and caring for any lot, grave, monument vault or other cemetery property of any lot owner in Gypsum Hill Cemetery, such person shall execute a trust deed to the. City of Salina, describing the money or property so placed or deposited ip. trust wlth said eity and describing the lot, grave, monu- ment vault or other cemetery property of any. lot owner which he desires to have improved, maintain- eel and cared for, together with the descl'iption of the lot or part of a lot upon which the same is sit- uated and which trust deed shall authorize the city a::l trustee to invest or reinvest such money or the p;:oceeds of any such securities in state, county or dey bonds 01' other securities appl'oved by the gov- erning body of such city and to use the income there- .ii'Om for the purpose mentioned in such trust deed. \iil, Ord. ;'530, 5-14-28). 6-703. Same; Records; Receipts. The City Clerk shall keep suitable records relating to any trust l'und placed or depo::llted with the City of Salina in accordance with the provisions of this ordinance, and shall record therein any such trust deed and the ap- proval of the same by the Board of Commissioners, and Shall deliver to the City Treasurer any such moneys or securities so deposited, or placed with the city under any such trust deed, and shall record the receipt of the City Treasurer for such money or securities. (S2, Ord. 3530, 5-14-28). 6-7G4. Same; Funds. The City Treasurer shall be the custodian of any money or securities deposit- ed or placed with the City of Salina under any such tl'USt deed and shall invest or re-invest the same or the proceeds thereof in such securities as shall be approved by the Board of Commissioners of said city, and the income from any such trust fund shall be and the same is hereby appropriated by the Board 01 Commissioners to the Board of Directors of the Gypsum Hill Cemetery to be used by them in im- pJ'oving, maintaining and caring for the lots, monu- ments, vaults, or other cemetery property described in any such trust deed and the Board of Directors of said cemetery shall expend any money so appro- pi'iated, and paid to them by the City Treasurer out of the income of any such trust fund, only for the purpose of improving, maintaining and caring for any such lot, grave, monument, vault or other ceme- tery property in accordance with the provisions of the trust deed relating thereto. (S3, Ord. 3530, 5- 14-28) . 6-705. Same; Records. Whenever any money is paid to and used by the Directors of said cemetery from the income of any such trust fund, they shall make a record of the same showing the date and amount thereof and the manner in which the same was expended and shall certify the same to the City 86 CITY OFFICERS.-Cemetery. Ch. 6, Art. 7 Clerk who shall make a record thereof in his books kept for such purpose. (~4, Ord. 3530, 5-14-28). 6.706. Same; Funds; Manner of Handlin~. Any negotiable securities placed or deposited with the city for the purposes provided for in this ordinance, or in which any money placed or deposited with the city shall be invested, may be placed by the City Treasurer in the custody of the State Treasurer of the State of Kansas at Topeka, for safe keeping, in accordance with the provisions of Chap. 103 of the Laws of Kansas 107 and the State Treasurer shall issue a receipt therefor and shall retain such pos- session as custodian thereof, subject to the order of the government body of said city, provided that the City of Salina shall have the power and right to re- ceive periodically the income from any such securi- ties and may at any time procure the return of such securities either in whole or in part for the purpose of reinvesting the funds or otherwise preserving and caring for the same. (~5, Ord. 3530, 5-14-28). 6-707. Same; Funds only income used. Any money which may be accumulated under the provisions of this ordinance shall be known as the Gypsum Hill Lot Owners Endowment Fund, and the principal thereof shall be kept intact and only the income therefrom or accretions thereto shall be used for the purpose specified in this ordinance. (~6, Ord. 3530, 5-14-28) . -.--./ /i'\- . .'\1 . - -.. ~ Ch. 7; Art. 1 CITY LIMITS.-Boundaries Established. CHAPTER 7.-CITY LIMITS. Article] .-Boundaries Established._7_101. 2.-0rdinances Extending Limits.- 7-201 to 7-344. ARTICLE I.-Boundaries Established. 7-101. City Limits. That the corporate limits of the City of Salina, be and the same are hereby ex- tended to include the territory added to, taken into and made parts of said city under the provisions of the preceding sections of this ordinance, and that all of the land lying within the following described boundary be and the same is hereby declared to be within the corporate limits of said city and made a part of said city, and that such corporate limits be and the same are hereby defined, as follows; Commencing at the point of intersection of the center of Ninth Street with the center of Cloud A venue, being the corner common to Sections 23, 24 25 and 26, Township 14 south, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas; thence west along the south line of said Section 23 to the southwest corner of Evergreen Park Addi- tion; thence north along the west line of Evergreen Park to the northwest corner of said addition, such point being in the south line of Claflin Avenue as shown on the plat of Pleasant View Addition; thence west along the south line of Claflin Avenue as shown on the plat of Pleasant View Addition to the south- west corner of Pleasant View Addition; thence north along the west line of Pleasant View Addition to the northwest corner of said addition, said point be- ing the southeast corner of Park View Addition; thence west along the south line of Park View Ad- dition the southwest corner of said addition; thence north along the west line of said addition to the south l;ne of Jewell Avenue, being the northwest corner of said Park View Addition; thence west along the south line of Highland Court Addition to the south- west corner of !,aid addition; thence north along the west line of said addition to its intersection with the easterly line of the right-of-way of the Missouri Pacific Railroad Company; thence north along the east line of said railroad right-of-way to the point of inter3ection of said line with the south line, pro- du~ed east, or Walnut Grove Addition; thence west alcng said line to the southwest corner of said ad- dition; thence north along' the west line of said ad- dition to the south line of Leavenworth Addition; be- ing the cei1ter line of \Valnut Street; thence west along the south line of Leavenworth Addition to the center line of Dry Creek; thence in a northerly di- rection down the center of said creek to the inter- section of the center line of said creek with the cen- ter line of the channel of the Dry Creek cut-off chan- nel as now established, being the first point of inter- section of said lines lying -north of Walnut Street; thence -llorth along -the centerline of the channel of said Dry Creek cut-off chanm;l- as now established to its next intersection with the center line of Dry Cl'eek as originally existing'; thence down the center line of the channel of Dry Creek as originally exist- ing to the point of intersection of said line with the center line of the channel of the Dry Creek cut-off channel as now established, being the first point of intersection of said lines lying north of the main line right-oi-way of the Union Pacific Railroad and lying adjacent to Block 10 in Chicago Addition; thence northeasterly down the center line of the chanllel of the Dry Creek cut-off channel as now established to the next intersection of said line with the center line of Dry Creek; thence down the cen- ter line of Dry Creek as odginally existing to its intersection with the west line of Pacific Addition, being the west line of the northwest quarter of the northeast quarter of Section 11, Township 14, Range 3; thence north along said line to the north line of ~aid Section 11, thence east along said line in Pacific A venue to the in tersection of said line in Pacific Avenue to the intersection of said line with the southwesterly line, extended southeasterly, of Lots 1, 3 and 5 of Block 32 in Military Addition; thence northeasterly along said line and along the west lines of Lots 7 and 9 of said Block 32, being the westerly boundary of said Block 32 in Military Ad- dition, to the northwest corner of said Lot 9 in Block 32; thence due west 40 feet to a point; thence due north 132 feet to a point; thence due east 170 feet to east line of the alley in said Block 32; thence due north to the north line of Harsh A venue in Military Addition; thence east along the north line of Harsh Avenue to the west line of Twelfth Street in Mili- tary Addition; thence north along' the west line of Twelfth Street to the southwesterly line of the aban- doned railroad right-of-way running through said Military Addition; thence east to a point in said abandoned railroad right-of-way due south of the intersection of the northeasterly line of said right- of-way with the south line of Antrim Avenue; thence north through said point of intersection to the north line of Antrim Avenue; thence east along the north line of Antrim A venue to the west line of Eleventh Street in Military Addition; thence north along said line, and said line extended north, through Tucker Park, to the intersection of said line with the center line of Euclid Avenue, being the center line, run- ning east and west, of Section 2, Township 14, Range 3; thence east along the center line of said Section 2 to a point 159.6 feet west of the southeast corner 87 88 CITY LIMITS.-Boundaries Established, Ch. 7, Art. 1 of the northeast quarter of said Section 2 Township center line of Section 12, Township 14, Range 3, 14 south, Ran~e 3 west of the Sixth Principal Meri- BeingLhe center line of Front Street, to the south dian; thence north 395 feet mOl'e or less to a pQint line of the main line right-of-way of the Union in the center of the original channel of Dry Creek Pacific Hailroad Company; thence nOl,theasterly (as heretofol'e existing); thence northerly and west- along the southerly line of said railroad right-of- erly up the center of the original channel of Dry way to the east line of said Section 12, thence south Creek to its intersection with the north line of the along said line, being the center line of Ohio Avenue, south half of the northeast quarter of said Section to the center of the channel of the Smoky Hill River; 2; thence east to a point 106.1 feet west of the east thence southeasterly down the center of the channel line of the northeast quarter of said Section 2; to said river to its intersection with the east line thence south 237.8 feet; thence east 45 feet; thence or Lot 2 in Surveyor's Plat No. 18; thence 20Lltb south 512 feet; thence east 5 feet; thence south 413 along said east line of said Lot 2 to the north line of feet; thence west 30 feet; thence south to a point in Section 18; Township 14, Range 2; thence east along the south line of the northeast quarter of said Sec- the north line of said Section 18 to the northeast tion 2 which lies 84.6 feet west of the southeast corner of said section; thence continuing east along corner of the northeast quarter of said Section 2; the north line of Section 17, Township 14, Range 2 thence east 84.6 feet to the southeast corner of the to a point 1880 feet east of the northwest corner northeast quarter of said Section 2, being also the of said Section 17, being the northeast cornel' of southwest corner of the northwest quarter of Sec- Country Club Heights, thence southerly and west- tion 1, Township 14 south, Range 3 west, of the erly along the boundary line of Country Club Sixth Principal Meridian; thence north approximate- Heights to a point 214 feet north and 627.3 feet ly 200 feet along the west line of the northwest east of the southeast corner of the northwest quar- quarter of said Section 1 to its intersection with the tel' of the northwest quarter of said Section 17; center line of the original channel of Dry Creek; thence south 214 feet; thence west 627.3 feet along thence down the center of the original channel of the boundary line of said Country Club Heights to Dry Creek to a point 75.4 feet east of the west line the southwest corner of the northwest quarter of of the northwest quarter of said Section 1; (said said Section 17, being the southwest corner of said point being approximately 230 feet north of the Country Club Heights, thence north along the west south line of the northwest quarter of said Section line of said Section 17, one hundred seventy-two 1); thence north to a point 1112.8 feet south of the (172) feet, more or less, to a point due east of the north line of the south half of the northwest quar- southeast corner of Lot 7, Mt. Barbara Park Ad- tel' of said Section 1; thence west 30 feet; thence dition; thence west to the southeast corner of said north 785.2 feet; thence east 327.6 feet to a point Lot 7 Mt. Barbara Park Addition; thence south 273 in the center of the original channel of Dry Creek; feet to a point in the south line of the north half thence in a southerly and westerly direction up the of the northeast quarter of Section 18, Township 14 center of the original channel of Dry Creek to its south, Range 2 west of the Sixth Principal Meridian; intersection with the north line of College Court thence west along the south line of the north half Addition, thence east along the north line of Col- of said quarter section, to the center of said north- lege Court Addition to the center line of a public east quarter of said Section 18; thence south 33 feet; road known as Fifth Street; thence south along said thence west along a line parallel with the south center line of said road to the center of Euclid line of the north half of said northeast quarter of Avenue; thence east along the center line of Euclid said Section 18, 147.84 feet, more or less to a point Avenue and of said Section 1 to the northeast cor- 1172,16 feet east of the west line of said northeast ner of Episcopal Military Institute Addition; thence quarter of said Section 18; thence south along a south along the east line of the alley which lies along line parallel with the west line of said northeast the east side of said addition, and which is the quarter of said Section 18, 330 feet; thence west east line of said addition, to its intersection with along a line parallel with the south line of the the center line of Harsh Avenue as shown by the north half of said northeast quarter of said Section recorded plat of said addition; thence east along 18 to a point 940.5 feet east of the west line of said center line of Harsh Avenue, extended east, to the northeast quarter of said Section 18; thence south intersection of said line extended with the east line 658.74 feet along a line parallel with the west line of the southwest quarter of Section 1, Township 14, of said northeast quarter of said Section 18; thence Range 3, being the center line of said section; thence west 353.83 feet, along a line parallel with the south along the center line of said Section 1 and the r;outh line of the north half of said northeast quar- r- ~ "f1 .4 . ,,'" . .~ ~ '- . . .. Ch. 7, Art. 1 CITY LIMITS.-Boundaries Established. 89 tel' of said Section 18: thence south 277 feet along of intersection of the center line of said channel a line parallel with the west line of said northeast with the center line of Front Street, extended north, quarter of said Section 18, to a point 20 feet north such point being the northwest corner of Lot One of the south line of said northeast quarter of said (1) in Garden Home Addition; thence south along Section 18: thence west 586.67 feet to a point 20 the center line of Front Street to its intersection feet north of the southwest corner of the southeast with the center line of Crawford Street, such point quarter of said Section 18; thence south to the cen- being the southwest corner of the southeast quarter tel' line of said Section 18: thence west along the of Section 13, Township 14 south, Range 3 west of south line of the northwest quarter of Section 18, the Sixth Principal Meridian; thence east along the Township 14 south, Range 2 west of the Sixth Prin- center line of Crawford Avenue, being the south cipal Meridian to the east line of Indiana Avenue, line of said quarter section to the east line of Wells according to the original plat of Stack Place; thence Addition: thence south to the southeast corner of north along said east line of Indiana Avenue to its said addition; thence west to the west line of the intersection with the center line of Stack Avenue, northeast quarter of Section 24; being the center in Stack Place; thence west along the center line line of Front Street: thence south along said line to of Stack Avenue to the center line of Ohio Avenue; the center line of Republic Avenue; being the center thence south along the center line of Ohio Street line running east and west of Section 24; thence to the southwest corner of the northwest quarter of east along said line being the north line of the addi- said Section 18, Township 14 south, Range 2 west tion to the Grounds of the Kansas Wesleyan Uni- of the Sixth Principal Meridian; thence west along versity, to the east line of Roach Street, formerly the south line of the northeast quarter of Section Decatur Street, being the northwest corner of said 13, Township 14 south, Range 3 west of the Sixth addition; thence south along said line to the center Principal Meridian, being the south line of Lot 6 in of Cloud Avenue, being the southeast corner of said Surveyor's Plat No. 12, to the intersection of said addition; thence west along said line, being the line with the center of the channel of the Smoky south line of said Section 24, to the intersection of Hill River; thence southwesterly up the center of said line with the center line of Ninth Street, be- the channel of said Smoky Hill River to the point ing the point of beginning. (~5, Ord. 4756, 6-14-37). . . . , ) ~/ ) ,'1,J-.(.l :: f il Ch. 7, Art. 2 CITY LIMn'S.-Ordinanceil Extending. 91 ARTICLE 2.-0rdinances Extending City Limits. (Included only by reference to ordin~nce numbers and dates.) 7-201. Original townsite. (The original townsite of the City of Salina consists of the Southwest quar- ter of Section 12, and the Northwest quarter of Sec- tion 13, Township 14 South, Range 3 West in Saline County, as shown by the certificate and plat thereof filed in the office of the Register of Deeds in Saline County, on the 14th day of April, 1862, and includes all of that part of the city bounded by Front Street on the East, North Street on the North, Ninth Street on the West and South Street on the South.) 7-202. Additions to original townsite. (The Board of Trustees of the Town of Salina on July 5th, 1870, in accordance with the provisions of law then in effect, made an order including as part of the Town of Salina and within the corporate limits thereof all additions previously platted and recorded in the of- fice of the register of deeds as additions to the Town of Salina, notice thereof having been published in the Salina Herald, July 23, 1870. The additions included by such order included Calkins Addition, Depot Addition, Jones Addition, Bishops Addition, Abbot & Williams Addition and Hugger & Bishops Reserve. The following sections refer to the ordinances by which the additions therein named, or the lands sub- sequently platted as such additions, were incorporat- ed into the city limits of Salina, with the effective dates of such ordinances.) 7-203. Abbott & Williams Addn. (See 7-202) 7-5-70. 7 -204. Atherton & Phillips Addn. Sec. 1, Ord. 553, 5-25-87. 7-205. Addn. to Kansas Wesleyan University Grounds. Sec. 25, Ord. 610, 11-10-87. 7-206. Bachtold's Plat. (Part Surv. Plat No. 10) Ord. 2481, 5-5-22. 7-207. Beebe's Addn. Ord. 247, 12-17-78. 7 -208. Berg Addn. Sec. 6, Ord. 620, 1-16-88. 7-209. Berks Addn. Ord. 250, 1-20-79. 7-210. Beverly Manor. Blks. 1, 2 and 3. Sec. 12, Ord. 3229, 3-27-26. 7-211. Bishop's Addn. (See 7-202) 7-5-70. 7-212. Bishop & Blodgett's Addn. Ord. 131, 8- 13-74. 7-213. Bond's Addn. Sec. 9, Ord. 522, 12-23-86. 7-214. Braniff & Cravens Addn. Sec. 9, Ord. 610, 11-10-87; Sec. 1, Ord. 1690, 11-18-12. 7-215. Bristol's Addn. Sec. 2, Ord. 610, 11-10-87. 7-216. Brown's Addn. (Part Surv. Plat No. 10) Ord. 2481, 5-5-27. 7-217. Calkins Addn. 7-5-70, (See 7-202). 7-218. Carroll's Addn. Ord. 96, 4-17-73. 7-219. Casa Loma Manor. Sec. 1, Ord. 4756, 6- 14-37. 7-220. Chicago Addu. Sec. 3, Ord. 610, 11-10-87. 7 -221. College Court Addn. Sec. 1, Ord. 3229, 3- 27-26. 7 -222. College View Addn. OI'd. 2316, 1-24-20. 7-223. Crawford Addn. (Part Surv. Plat No. 10) Ord. 2481, 5-5-22. 7 -224. Country Club Heights. Sec. 3, Ord. 3254, 6-19-26. 7-225. Depot Addn. 7-5-70, (See 7-202). 7-226. Derrington's Addn. Ord. 253, 2-24-79. 7-227. Dimick's Addn. (Part Lots 13 & 14 Surv. Plat No. 10) Sec. 10, Ord. 3229, 3-27-26. 7-228. East Gardens Addn. Sec. 2, Ord. 579, 7- 15-87. 7-229. Eberhardt's Addn. Sec. 18, Ord. 710, 11- 10-87. 7 -230. Episcopal Military Institute Addu. Ord. 726, 11-28-89. 7-231. Elmdale Addn. Sec. 8, Ord. 610, 11-10-87. (All west of Dry Creek vacated by Res. of City Council, and order of Co. Commissioners.) 7-232. Ernest & Rhodes Addn. Ord. 253, 2-24-79. 7 -233. Evergreen Park Addn. Sec. 6, Ord. 3229, 3-27-26. 7-234. Fairview Addn. (Part Surv. Plat No. 10) Ord. 2481, 5-5-22. 7-235. Fruitland Addn. Sec. 11, Ord. 610, 11-10- 87. 7 -236. Garden Home Addn. Sec. 1, Ord. 3843, 4- 5-30; (excluded from city limits Ord. 2417, 2-3-32). 7-237. Geis' Addu. Ord. 138, 10-8-74. 7-238. Glennifer Hill Addn. Sec. 16, Ord. 610, 11-10-87. 7 -239. Golden Belt Subdivision Blk. 1. Sec. 5, Ord. 3328, 2-5-27. 7-240. Grounds of Kansas Wesleyan University. Ord. 526, 2-21-87. 7-241. Hoffa's Addn. Sec. 1, Ord. 610, 11-10-87. 7-242. Hudson's Addn. Sec. 14, Ord. 610, 11-10-87. 7-243. Highland Court Addn. (Including city park) Ord. 2188, 6-3-18. 7-244. Hollands Addn. Ord. 323, 2-24-81. 92 CITY LIMITS.-Ordinances Extending. Ch. 7, Art. 2 7-245. H~ghes Addn. Sec. 5, Ord. 610, 11-10-87. 7-246. Hutchinson's Addn. Sec. 21, Ord. 610, 11- 10-87. 7-247. Hugger & Bishops Reserve. 7-5-70 (See 7-202). 7-248. Jones Addn. .7-5-70 (See 7-202). 7-249. Kansas Wesleyan University, The Addn. to. Sec. 26, Ord. 610, 11-10-87. 7-250. Kansas Wesleyan University, Grounds of. Ord. 526, 2-21-87. 7-251. Kenwood Park. Ord. 2217, 10-12-18. 7-252. Leavenworth Addn. Sec. 7, Ord. 610, 11- 10-87. (Part west of Dry Creek excluded from city limits Ord. 4323). 7-253. Leavenworth Addn. (Part of Park No.3 and part of Blk. 10 & 11 lying west of center of original channel of Dry Creek and east of center of Dry Creek north of Walnut St.) Sec. 2, Ord. 4756, 6-14-37. 7-254. Lill Addn. Sec. 1, Ord. 533, 5-25-87. 7-255. Logan Addn. Sec. 19, Ord. 610, 11-10-87. 7-256. Lunkenheimer's Addn. Sec. 4, Ord. 610, 11-10-87. 7-257. Maple Grove Addn. Ord. 253, 2-24-79. 7-258 Military Addn. Sec. 24, Ord. 610, 11-10-87. (Parts of this addition were vacated at various times. See reference to notes on original plat filed in office of Reg. of Deeds, Sept. 26, 1887 and Res. of City Council passed Feb. 17, 1913. Part of vacat- ed portion later platted as Tucker Park and Episcopal Military Institute Addn.) 7-259. Morris' Addn. Sec. 1, Ord. 679, 7-15-87. 7-260. Morrison's Addn. Sec. 2, Ord. 522, 12-23- 86. (That part of said addition lying between 9th St. and the west line of 12th St. in Phillips 2nd Addn. extended south, was previously incorporated in city limits by Ord. 353, 2-24-89). 7-261. Morrisun's 2nd Addn. Sec. 7, Ord. 522, 12-23-86. 7-262. Morrison 3rd. Addn. Sec. 12, Ord. 610, 11-10-87. 7-263. Mt. Barbara Park Addn. .Sec. 1, Ord. 3328, 2-6-27. 7-264. Mt. Calvary Cemetery. (Part lying north of south line of Lot 7, Mt. Barbara Park Addn. ex- tended east). Sec. 3, Ord. 3328, 2-5-27. 7-265. Neeley's Addn. Sec. 3, Ord. 522, 12-23-86. 7-266. Ninth St. Plat. (Part of Surv. Plat No. 10) Ord. 2481, 5-6-22. 7-267. North Park Addn. Sec. 6, Ord. 610, 11- 10-87. 7.268. Oakdale Park. (That part previously in- cluded in the city limits) Sec. 2, Ord. 553, 5-24-89. 7-269. Oakdale Addn. Ord. 239, 10-24-78. 7-270. Pacific Addn. Sec. 10, Ord. 522, 12-23-86. 7-271. Park View Addn. Se~. 7, Ord. '3229,3-27-26. 7 -272. Phillips East Salina Addn. Ord. 554, 5- 24-87. (All that portion lying east of the east boundary of Delaware Ave. later platted as Surv. Plats 7 and 8, excluded from city limits. Ord. 2271, 7-12-19). 7.273. Phillips 2nd Addn. Ord. 254, 2-24-79. 7-274. Pleasant View Addn. Sec. 5, Ord. 3229, 3-27-26. 7 -275. Prescott Addn. Ord. 323, 2-24-81. 7-276. J. C. Rash & Sons Addn. Sec. 15, Ord. 610, 11-10-87. 7-277. Replat of Beebe's 2nd Addn. Ord. 323, 2- 24-81. 7-278. Replat of Powers Addn. Ord. 253, 2-24-79. 7 -279. Riverside Addn. Sec. 8, Ord. 522, 12-23-86. 7-280. Riverview Addn. Sec. 23, Ord. 610, 11- 10-87. 7-281. Santa Fe Park Addn. Sec. 3, Ord. 620, 1-16-88. 7-282. Seitz Addn. Ord. 253, 2-24-79. 7.283. Seitz 2nd Addn. (Part Surv. Plat No. 10) Ord. 2481, 5-5-22. 7-284. Smiths Addn. Ord. 253, 2-24-79. 7-285. Smith & Colvard's Addn. Sec. 1, Ord. 522, 12-23-86. 7-286. Southern Heights Addn. Sec. 4, Ord. 3229, 3-27-26. 7-287. South Park Addn. Sec. 6, Ord. 522, 12- 23-86. (Part of land included in Replat of Blk. 5 South Park Addn. described as commencing at NE cor. of Lot 5, Blk. 5, thence west 886 ft. thence north 96.6 ft., thence east 886 ft., thence south 100 ft. to place of beginning, included in the city limits by Sec. 1, Ord. 620, 1-16-88). 7-288. Southview Addn. (Land later platted as) Sec. 12, Ord. 3229, 3-27-26. 7-289. Stack Place. Sec. 3, Ord. 3229, 3-27-26. 7 -290. Stack Place, Blks. 5, 6, 7 & 8. Sec. 6, Ord. 3627, 12-10-28. 7-291. Sunny Side Addn. Sec. 20, Ord. 610, 11- 10-87. 7-292. Sweeneys Addn. (Land later platted as) Ord. 253, 2-24-79. 7-293. Thomas Park. (Tract known as Thomas Park incorporated in city limits by Sec. 1, 2, Ord. 4588, 12-2-35. (See ~17-601). . . . Ch. 7, "Art. 2 CITY LIMI'l'S.-Ordinances Extending. 93 7-294. Thomas White Farm, Subdivision of, Part Lot 2. (Lyin&, south and east of Smoky Hill River) Sec. 1, Ord." 3627, 12-10-28. 7.295. Tucker Park. Sec. 1,' Ord. 2028, 3-17-17. (By order of Co. Commissioners June 4, 1917, that part of Tucker Park described at Lot 13 & 14 in Blk. 2 lying west of west line of 11th St. extended north and lying north of south line of Antrim St. extended west and lying east and south of Dry Creek west excluded from corporate limits of Salina and va- cated as a part of Tucker Park). 7-296. University Addn. Ord. 436, 2-24-85. 7-297. VanTrine's Addn. Sec. 3, Ord. 610, 11- 10-87. 7-298. Walker Addn. (Land later platted as) Sec. I, Ord. 553, 5-25-87. 7-299. Walnut Grove Addn. Sec. 2, Ord. 3229, 3-27-26. 7-300. Weaver's Addn. Sec. 4, Ord. 522, 12-23-86. 7-310. Weaver's 2nd Addn. Sec. 4, Ord. 522, 12- 23-86. 7-302. Wellington's Addn. Sec. 5, Ord. 522, 12- 23-86. 7-303. Wells Addn. Sec. 10, Ord. 610, 11-10-87. 7-304. West Park Addn. Sec. 17, Ord. 610, 11- 10-87. (Vacated and excluded from city limits. Ord. 1360, 1-21-07). 7-305. Wights Addn. (Land later platted as) Sec. 1, Ord. 553, 5-25-87. 7-306. Wilsons Addn. (That part lying between Park St. and Ash St. and between 11th St. and 13th St.) Ord. 461, 9-11-85. 7-307. Wilson Addn. Sec. 11, Ord. 522, 12-23-86. 7-308. Woodland Addn. (That part now in city limits was originally platted as Jones Addn.) See 7-202. 7.309. Surveyors Plat A. (Land later platted as) Ord. 253, 2-24-79. 7-310. Surveyors Plat B. (Land later platted as) Ord. 253, 2-24-79. 7-311. Surveyors Plat C. Lots 1 to 16 inclusive included in territory incorporated in city limits by Sec. 2, Ord. 620, 1-16-88. Lot 17, Sec. 5 of same Ord. 7-312. Surveyors Plat D. (Land later included in plat) OI'd. 323, 2-24-81. 7-313. Surveyors Plat E. (Land later included in plat) Sec. 4, Ord. 620, 1-16-88. 7.314. Surveyors Plat F. (Part of which was later replatted as College View Addn.) Ord. 2316, 1-24-20. 7-315. Surveyors Plat G. (Land later platted as) Sec. 1, Ord. 553, 5-25-87. 7.316. Plats 7 & 8. (Being that part of Phillips East Salina Addn. lying east of east line of Dela- ware Ave. excluded from city limits, Ord. 2271, 7- 12-19). 7-317. Plat 7, Lot 1. Sec. 3, Ord. 3641, 1-3-29. 7-318. Plat 7, Lots 2, 3, 4 & 5. Sec. 2, Ord. 3641, 1-3-29. 7.319. Plat 7, Lot 6. Sec. 1, Ord. 3641, 1-3-29. 7 -320. Plat 8. Part of Lot 1 lying south of north line of Sec. 18-14-2. Sec. 1, Ord. 3239, 4-29-26. 7-321. Plat 8. Lots 2, 3, 4, 6, 7 & 8. Sec. 8, Ord. 3229. 7-322. Plat 8. Lots 9, 10, 11 & 12. Sec. 9, Ord. 3229, 3-27-26. 7-'323. Plat 8. Lots 13, 14, 15, 16, 17, 18 & 19. Sec. 2, Ord. 3239, 4-29-26. 7-324. Plat 8. Lot 20. Sec. 5, Ord. 3627, 12-10-28. 7-325. Plat 8. Lot 21. Sec. 4, Ord. 3627, 12-10-28. 7-326. Plat 8. Lot 22. Sec. 3, Ord. 3627, 12-10-28. 7-327. Plat 8. Lot 23 & 24. Sec. 1, Ord. 3372, 5-4-27. 7-328. Plat 10. (Except Blk. 13 & 14) Ord. 2481, 5-25-22. Now includes Blk. 2 & 4 Surv. Plat No. 10; Seitz 2nd Addn. 9th St. plat; Bachtold Plat, Fair- view Addn.; Browns Addn.; and Crawford Addn. 7-329. Plat 10. Blks. 13 & 14 (Now Dimicks Addn.) Sec. 10, Ord. 3229, 3-27-26. 7-330. Plat 12. Lots 2, 3, 4, 5, 8, 9, 10, 11 & 12. Sec. 11, Ord. 3229, 3-27-26. 7-331. Plat 12. Lot 6. Sec. 7, Ord. 3627, 12-10-28. 7-332. Plat 18. Lot 2. Sec. 2, Ord. 3627, 12-10-28. 7-333. Plat 34. Lot 1. Sec. 1, Ord. 3254,6-19-26. 7-334. Plat 34. Part of Lot 2 lying north of center line of Stapler Ave. extended east. Sec. 2, Ord. 3328, 2-5-27. 7 -335. Plat 34. Part of Lot 2 lying south of cen- ter line of Stapler Ave. extended east. Sec. 2, Ord. 3843, 4-5-30. 7.336. Plat 34. Lot. 3. Sec. 2, Ord. 3254, 6-19-26. 7-337. Part of S1I2 NE1I4 Sec. 18-14-2 (33' x 1320' lying south Lot 2 Surv. Plat 34) Sec. 3, Ord. 3843, 4-5-30. 7-338. Part of 8112 NE1I4 Sec. 18-14-2 (1172.16' x 330' east of Iowa St. at east end of Gypsum Ave.) Sec. 4, Ord. 3843, 4-4-30. 7-339. Part Sec. 1-14-3 (255' x 480' lying be- tween Elk 1 Golden Belt Subdivision and Elk 6, East Military Institute Addn, on north side of Pacific Ave.) 94 CITY LIMITS.-Ordinances Extending. Ch. 7, Art. 2 7-340. Part of SW1/4 NW1/4 Sec. 1-14-3. (Part lying north of College Court Addn. Sec. 1, Ord. 3785, 9-28-29. Excluded from limits Ord. 4107, 9- 21-31) . 7-341. Part of SW1/4 11-14-3. (Adjacent to Blk. 10 Chicago Addn. between center of original channel of Dry Creek and center of Dry Creek cut-off chan- nel). Sec. 3, Ord. 4756, 6-14-37. 7-342. Part of NE1/4 NW1/4 11-14-3. (Between center Dry Creek and Whittredge St. north of North St.) Sec. 4, Ord. 4756, 7~14.a7. 7-343. Part of 81/2 81/2 NEl/4 12-14-3. (Tri- angular tract between North St. & Mo. Pac. Rwy, west of Ohio St.) Sec. 13, Ord. 3229, 3-27-26. 7-344. Part of Nl/2 Nl/2 SEl/4 8El/4 23-14.3. (Now Southview Addn., & Blk. 1, 2 & 3 Beverly Manor & tract 100' x 120' in NE cor. of SW1/4 south of Jewell Ave. & east of Pershing). Sec. 12, Ord. 3229, 3-27-26. . CI1: 8 CITY PROPEttTY 95 CHAPTER S.-CITY PROPERTY. (13-401 et seq. G. S. 1935) (The ordinances authorizing the purchase of ptop- erty by the city are not set out in full, the descrip- tion of the tracts of land purchased and the ordin- ances authorizing' such purchase being included here- in by reference only.) 8-101. City Hall and Fire Station property. Pur- chase of the following property; lots 80-82-84 and 86 on Fifth Street in Salina, Kansas, authorized by Ordinance 1006, August 21, 1899. The erection of a city building, including a jail annex, on the above property authorized by Ordinance 1604, April 17th, 1911. . 8-102. City Dump Ground. Purchase of the fol- lowing property; commencing at a point 2220 feet West of the SE corner of the SE1/4 of Section 10- 14-3; thence North 638.5 feet; thence West to the West line of said quarter section; thence South along said line to the SW corner of said quarter section; thence East 441.8 feet to place of beginning in Saline County, Kansas, formerly block 42 and South 1/2 of block 35 of J. C. Rash & Sons Addition, authorized by Ordinance 1091, August 28th, 1921. 8-103. Voting place Second Precinct Second Ward. The purchase of lots 8-9 and 10, block 7 Calkins Ad- dition authorized by ordinance 2006, December 4th, 1916. 8-104. Voting place Fourth Precinct Third Ward. Purchase of following property; beginning at a point 10 feet North of the SE corner of lot 10, block 1, Morrisons Addition; thence West 21 feet; thence North 40 feet; thence East 21 feet; thence South 40 feet to place of beginning, authorized by Ordinance 2183, May 25th, 1918. 8-105. Voting place Second Precinct Fifth Ward. Purchase of West 60 feet of East 76 feet of South 1/2 of lot 21 on Ninth Street in Prescotts Addition authorized by Ordinance 1996, October 16th, 1916. 8-106. Memorial Hall Grounds. Lots 1 to 11 in- clusive of the replat of Bishops Reserve, occupied by the Salina Memorial Hall acquired by the city by condemnation proceedings and by additional quit claim deeds executed by the various owners of the tracts in book 77 of deeds, at pages 74 and 77 to 87 inclusive. 8-107. Library Property. Lots 110 and 111 on Iron A venue in the original Town of Salina were . deeded to the dire~tors of the free public library by warranty deed recorded in book 29 of deeds, page 379. 8-108. Ail'port. Elh of NWi.,4 and W1h of NE 1/4 of Section 20-14-2, acquired by warranty deed. Recorded book 89 of Deeds, page 318. 8-109. Water Works. The fOllowing property, (together with appurtenances) acquired by deed from The Salina Water Works Company: E. 20 feet of Lot 13, block 1, Santa Fe Park Addi- tion; also, S. 70 feet of lot 2 and E. 50 feet of lot 4, block 2 Beebe's Addition; also, lot 41 block 2 and lot 15 block 3 Van Trine's Addition; also lot 8 Survey- or's plat "C"; also lots 1-2 on 4th street and lots 1-3 on 5th street Holland Addition; also lots 11-13 block 1 College View Addition. (Ord. 3166, 10-12-25; Ord. 3199, 12-28-25; Ord. 3445, 8-1-27). Note: E 20 feet of Lot 13, block 1, Santa Fe Park Addition authorized sold to C. H. Harper and Mary D. Harper by Ord. 3271, 7-20-26. 8-110. Sewage Disposal Plant. Part of NW1/4 Section 8-14-2 (comprising area 610 feet by 500 feet), acquired by warranty deed, dated August 1, 1927, recorded in book 86 Deeds, page 396. 8-111. Sewage Pumping Station. S18 112 feet of lot 11 and N. 18 1/2 feet of lot 12 all in block 3, Fairview addition acquired by warranty deed dated 12-4-28, recorded in book 89 Deeds, page 373. 8-112. Lots 165-167 on Second Street, were deed- ed to the City of Salina by administrator's deed by F. D. Blundon, administrator of Estate of Emma Louisa Blundon-Farquharson. Deeds dated 1-20-20. Recorded in book 41 of Deeds, page 621. 8-113. Street Department Property. Acquired by quit claim deeds recorded in volume 86 Deeds, page 504 and page 522. Note: This tract was the formerly platted street known as Third Street, south of Ash Street, later vacated. 8-114. Lot 8 Block 6 Walnut Grove Addition. Deeded to City of Salina by warranty deed dated 2-17-28. Recorded in book 86 of Deeds, page 592. 8-115. Kansas Wesleyan University Athletic Field. Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19 on Claflin Ave., lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 on Russell Ave., lots 2-4-6-8-10-12 14-16-18 and 20 on Cloud Ave., all in the Addition to Grounds of Kansas Wesleyan University, deeded to City of Salina by trustees of Kansas Wesleyan Uni- e6 CITY PROPERTY Oh. 8 versity by corporatiQn warranty deed, dated 9-21-88, lot 126 on Fifth Street in the City of Salina Sept. 8, recorded in book 11,5 of Deeds, page 296. This deed 1927, see Ord. 3291, 9-27-26; Proclamation first pub- recites that the forf;!going property is for ~he use lished in the Salina Journal Oct. 7, 1926; Ord. 3463, of the inhabitants of the City of Salina subject, how-19-12-27. ever, to the prior rights to Ulje by the Kansalj Wes~ leyan University. t ]' For sale of part of Lot 30 block 1 Riverside Park Note: For sale of lot 124 and N. 6 1/2 inches of Addition to the City of Salina see Ord. 3289, 9-8-26. . eh. 9, Art. 1 CHAPTER 9.-FIRE DEPARTMENT. FIRE DEPARTMENT.-Pemonne!; Duties. Article I.-Personnel . Duties-9-101 to 9-116. 2.-Firemen's Relief Association-9-201 to 9-214. a.-Firemen's Pension Fund-9-301 to 9-311. ARTICLE I.-Personnel - Duties. (13-442 G. S. 1935) 9-101. Fire Department. The Fire Department of the City of Salina shall sonsist of a Fire Chief and as many regular Firemen as the Mayor and Council may from time to time deem necessary. (~1, Ord. 1480, 4-19-09). . 9-102. Two platoons; alternate. That from and after the 1st day of April, 1920, the members of the Fire Department of this City shall be divided into two platoons, one to perform day service and the other night service. The hours of duty of the day force shall be from eight A. M. to six P. M., and the hours of duty of the night force shall be from six P. M. to eight A. M. the following morning; Provid- ed: than on every fifteenth day, for the purpose of alternating the day force with the night force, and vice versa, and for the purpose of giving one force or platoon of men twenty-four hours off duty, every fifteenth day the force or platoon of men who go on duty at eight A. M. on said fifteenth day and every fifteenth day thereafter, will remain on duty to eight A. M. the following morning, but one force or platoon shall be at liberty all times, except as otherwise provided. (~1, Ord. 2326, 3-20-1920). 9-103. Fire alarm; off duty Firemen report. That when the fire alarm is sounded, such firemen as may be off duty will immediately report to the Fire Department as ready at command of Fire Chief to be summoned to assist in the protection of life and property. (~2, Ord. 2326, 3-20-20). 9-104. Wear uniforms, badges, comply with rules. 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 re- quired of them by him, or by his directions, and shall comply with all rules and regulations established by him for the government of said department. (~5, Ord. 1480, 4-9-09). 9-105. Fire Chief responsible for Department; make rules; enforce orders. The Fire Chief shall be held responsible for the discipline, good order and proper conduct of the entire Fire Department, and for the proper care of all fire department stations and all apparatus and property of the City coming . under his control; and shall have power to assign and locate employees of the -department as shall to him seem to best promote the efficiency .of the ser- vice, and shall establish and enforce such rules and regulations as he shall deem ne~essary, and shall have power to suspend or dismiss any employees of the department for drunkenness, inefficiency, neglect of duty, disobedience of orders, or other good cause; the action so taken to be reported to the Mayor. (94, Ord. 1480, 4-9-09). 9-106. Chief in command at fires; Assistant Chief; obstructing firemen; penalty. The Chief shall have full power, control and command over all per- sons at fires, and shall station the engine and appa- ratus, and see to it that all persons belonging to 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 Assis- tant Chief or next higher officer in such Department shall command and be in control at such fire; and any person who shall hinder, obstruct or resist the per- son so in charge of any fire in the performance of his duties, shall be deemed guilty of a misdemeanor and, upon conviction, punished by a fine not exceed- ing One Hundred Dollars. (97, Ord. 1480, 4-9-09). 9-107. Fire Chief keep record of fires; record of men and inventory of property. He 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 in- surance involved and the loss incurred. He shall also keep a record of all men employed in the Depart- ment, with the time so employed; also an inventory book, showing at all times a list of the property belonging to the City in charge of the fire depart- ment, together with any other records that may be necessary to show at any time the workings and con- ditions of said department; and at the cl03e of each fiscal year he shall make a report to the Mayor and Council giving a summary of the work done by him and his Department and the expenses and general condition of said Department. (98, Ord. 1480, 4-9-09). 9-108. Firemen; attend fires. All firemen, under the direction and control of their proper officers, shall, upon alarm of fire, repair to the place of such fire with the engine and other apparatus under their care, and there work and manage the same under the direction of the Chief and his assistants, or of the officer having chief control, and shall not remove -97 98 FIRE DEPART'MENT.-Personnel; Duties. Ch. 9, Art. 1 therefrom except by permission of such.. Officer., wa~'. by the Fire. Department, and any person who (~14, Ord. 1480, 4-9-09). . shall wilfully injure in any manner any hose, fire 9.109. Cut down or remove buildings, etc., to check ~ngine, or other apparatus, or any building contain- flames. The Fire Department, may, under the di- mg the sa:ne. belonging to th~ Cit~ of Salina shall rection of the Chief, or in his absence, under the di- upon ~onvlCtlOn thereof be fmed m any sum not rection of the Assistant Chief, cut down or remove exceedmg $50.00. (~20, Ord. 1480, 4-9-09). 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. (~15, Ord. 1480, 4-9-09). 9-110. Fire guard; police; protection of property; keep idle away. At all fires the City Marshal, As- sistant Marshal and Policemen 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 buildings at fires and deliver the same to the Chief, or in his ab. sence, 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 own- ers upon the payment to the Chief of all expenses necessarily and actually incurred in and about the care and protection of such property, 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 pos- session of such property; and it shall be the further duty of said fire guard to prevent the hose from being trodden upon, and to keep all idle and suspect- ed persons from the fire and its vicinity, and also to use all proper exertions within their power for the protection of property endangered at fires; and all citizens are hereby enjoined and required to comply with the directions of any of the said fire guards. (~18, Ord. 1480,4-9-09). 9-111. Firemen refuse duty; penalty. Any fire- man or other person who at a fire shall refuse to obey the orders or directions given by the officer in charge, or who shall resist or impede any officer or fireman in the proper discharge of his duty, shall, in the absence of a sufficient excuse, be deemed guilty of a misdemeanor and upon conviction there- of, be fined in any sum not exceeding $50.00. (~19, Ord. 1480, 4-9-09). 9-112. Property of Fire Department; taking; pen- alty. No person shall wilfully and without proper authority remove, take away, keep or conceal any tool, appliance or other article belonging to any fire apparatus or fire station, or anything used in any 9-113. Chief may require aid of vehicles or of horse or team; Refusal; Penalty. 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 or of any horse or team found in the city at the time, in conveying any fire apparatus 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 liable to paying a fine not to exceed $25.00. (~22, Ord. 1480,4-9-09; Amd. ~1, Ord. 4949, 9-18-39). 9-114. Disorderly conduct at fire; refusal to obey order of :Fire Chief; penalty. Every person at or near a fire who shall conduct himself in a disorderly manner, or neglect or refuse to obey promptly any proper order of the Fire Chief or his Assistant, or who shall resist, obstruct, hinder or abuse any officer of the Fire Department, or any Fireman, in the pro- pe:' discharge of his duties shall, upon conviction thereof, be fined not less than $10.00 nor more than $100.00 for each offense; and any of the aforesaid officers or any police officer may forthwith arrest without warrant and take to the Police Station any person so offending. (~23, Ord. 1480, 4-9-09). 9-115. Violation of Secs. 9-103 to 9-110; penalty. Any person found guilty of violating any of the provisions of this ordinance for which no penalty is hereinbefore named, or who shall refuse or neglect to comply with any of the directions of the Fire Chief or his Assistant given in accordance therewith shall upon conviction, be fined not less than five nor mor~ than one hundred dollars for each offense. (g24, Ord. 1480, 4-9-09). 9-116. Reference to Fire Marshal; reference to Fire Chief. That whenever in any ordinance here- tofore adopted by the Governing Body of the City of Salina, Kansas, any reference is made to the Fire Marshal or Assistant Fire Marshal such refer- ence shall be deemed to be and shall refer to the Chief of the Fire Department and to the Assistant Chief of the Fire Department respectively. (~3, Ord. 3030, 9-15-24). . Ch. 9, Art. 2 ARTICLE 2.-Firemen's Relief Association. FIRE DEP ARTMENT.-Relief Association. . 9-201. Membership; Officers; Records. The Fire- men's Relief Association of Salina, Kansas as here- tofore created and incorporated shall be composed of all full paid members of the Fire Department of the City of Salina including the Chief and other officers of the Fire Department, and the members of such Fire Department shall continue to be members of such Association only so long as they remain mem- bers of said Fire Department and their membership in said Association shall cease immediately upon the termination of their employment as members of such Fire Department. The Chief of the Fire Depart- ment shall be ex-officio President of the Firemen's Relief Association and the affairs of said Associa- tion shall be administered by a Board of Directors of five members consisting of the President and a Vice President, a Secretary and two members who shall be elected by the members of said Association. Said Association shall by a majority vote of its members adopt such by-laws, rules and regulations as it may deem advisable to carry out and promote the objects of said Association, not inconsistent with this ordinance or with the laws of the State of Kan- sas, and said by-laws shall become effective by ap- proval of the Board of Commissioners. The Secre- tary of the Association shall keep a complete record of all of the transactions of the Association, includ- ing the minutes of all meetings of the Association and of the Board of Directors and all records of the Association shall be open and subject to inspection at all times by the governing body of said city. (~1, Ord. 4816, 12-27-37). 9-202. City Treasurer, as treasurer of association. The City Treasurer of the City of Salina shall be the Treasurer of said Association and the custodian of all funds and securities belonging to the Fire- men's Relief Association and shall be liable on his official bond for the security of such funds. He shall keep said funds separate and apart from all other funds and shall credit such funds from time to time with moneys for such funds from any source and shall payout the same only on warrants issued by authority of the Board of Directors of said Association, which shall be signed by the Presi- dent and countersigned by the Secretary of the As- sociation and when so signed and countersigned such funds shall be paid only on the approval of such warrants by the Board of Commissioners of said city and of the amount and purpose specified there- in and upon appropriation for such warrant duly made by the Board of Commisioners. (~2. Ord. 48).6, 12-27-37). . 9.203. Funds of Association. All of the moneys received by the Firemen's Relief Association from the sources provided for by Article 17, Chapter 140, General Statutes' 19'35 and from any and all other sources shall be used and set apart and appropriated by the governing body of said city solely and entirely for the object and purposes of said Association as authorized by said Article 17 and any amendments thereto and under such provisions as shall be made by the Board of Commissioners of the City of Salina, provided that not to exceed 90% of all moneys in such fund at any time may be used in purchasing and investing in bonds in the City of Salina or bonds of the United States as provided by law. (~3, Ord. 4816, 12-27-37). 9-204. Same; Use; When; Loan of Funds; How. All funds of said Association shall be held in trust and used as a fund for the relief of any member of the Fire Department of said city when injured or physically disabled in or by reason of the discharge of his duties and for the relief of or the payment of gratuities to the widow or those dependent upon any member of such fire department who may be killed in the discharge of his duties as fireman or who may die from the effect of injuries so received or from disease contracted by reason of his duties as such and for the payment of the necessary fun- eral expenses of any member of such Fire Depart- ment, when killed in the discharge of duties as fire- man or in case of death resulting from the injuries so received or disease so contracted by reason of his duties as such or for purchase of life, accident and health insurance upon the members of such fire de- partment and for the purpose of paying a pension to full paid members of the Fire Department who are unfit for service after having served a period of not less than 20 years on the fire department, such pension not to exceed an amount of one-half of the monthly salary of such firemen at the date of retire- ment, provided however that such Firemen's Relief Association is hereby authorized to loan part or all of such funds to the city of Salina to be used by such city in the improvements of its Fire Department and equipment thereof then the city shall issue to the treasurer of such Firemen's Relief Association its warrant therefor, bearing interest payable semi- annually at a rate not to exceed 6% per annum, pro- vided further that no moneys shall be expended as provided in this section until approved by the Board of Commissioners in the amount and purpose for which the same is paid and the conditions of the pay- ment thereof and except upon appropriation there- fore made by ordinance. (~4, Ord. 4816, 12-27-37). 99 100 FIRE DEPARTMENT.-Relief Association. Ch. 9, Art. 2 9-205. Same; Maximum benefits; when and how paid. No pensions or other benefits shall be paid to any member of said Association out of the funds of the Association and no benefits shall accrue to or be paid to any member of the Association from any in- surance policy of any kind carried and paid for out of the funds of said Association which will increase the pension or benefits of such firemen or to any of his dependents in excess of the maximum pensions and benefits provided for by Section 13-758 to 13-767 inclusive, General Statutes of Kansas 1935, as amended by Chapter 128 of the Laws of 1937, and any amendments thereto, it being the intention of this ordinance that the maximum pension and bene- fits to be paid to any such firemen under any cir- cumstances shall not exceed the total maximum provided for in said Act last above referred to and amendments thereto and that there shall be no du- plication of such pensions or benefits from the Fire- men's Pension Fund or Firemen's Relief Fund or from other sources, and it is further provided that all insurance policies carried and paid for out of the funds of the Firemen's Relief Association shall be made payable to the Firemen's Relief Associa- tion and/or the City of Salina, Kansas as beneficiar- ies and that all payments received from any such policy shall be applied and distributed either to the Firemen's Relief Association or to the Fire De- partment Fund of the City of Salina or as the Board of Commissioners of said city deem just and proper, and provided further that so long as the salary of any firemen who is under disability and not on duty shall be paid by the Fire Department Fund, which shall in no event exceed 30 days, all benefits from any health or accident policy covering such firemen shall be paid into the Fire Department Fund, and during such time none of the funds of the Firemen's Relief Association or Firemen's Pension Fund shall be payable to or on behalf of any such firemen, ex- cept expense for medicine and physician to the extent in this ordinance provided for, and when any such firemen ceases to be paid by the fire department fund of said city any and all payments which he may be en- titled to receive by way of pension or other relief shall be paid to him out of the funds of the Fire- men's Relief Association or the Firemen's Pension Fund subject to all the provisions of this and other ordinances of the City of Salina. (~5, Ord. 4816, 12-27-37) . 9-206. Same; When payable; Examinations. No fireman who is off of active duty by reason of ill- ness or injury shall be entitled to participate to any extent or for any purpose in the funds of the Fire- men's Relief Association, nor shall his salary as fireman be paid by the city, while he is absent from duty, unless he is determined to be unfit for duty by reason of illness or injury by examination by a phy- sician selected by and paid hom the funds of the Firemen's Relief Association, and provided further that except for such first examination all bills of physician incurred by any such fireman for his treatment, up to $10.00 shall be paid by such fire- men and the Firemen's Relief Association shall pay only such amount of any such bill as shall be in ex- cess of $10.00 and provided further, that a physician appointed by the Firemen's Relief Association shall at any time have the privilege of examining any such fireman to determine his physical condition. (96, Ord. 4816, 12-27-37). 9-207. Insurance Policies; Payment of premiums. That pursuant to the provisions of Section 40-17U7 R. S. Supp. 1933, life insurance policies covering the lives of the regular full paid members of the Salina Fire Department, now or hereafter employed as such, shall be purchased and premiums thereon paid from the funds of the Firemen's Relief Association. Such policies shall be in the principal sum of $1,000.- 00 each, with endowment at age 65, and with a clause pl'oviding for waiver of premiums in event of dis- aDility occurring prior to the age of 55 (such clause to apply only to policies written on firemen under the age of 50 at the time the policy is written and who are in physical condition acceptable to the com- pany writing such policy. (91, Ord. 4599, 1-2-36). 9-208. Same; Beneficiary; Waivers; Retirement of Firemen; Policy Rights. The Firemen's Relief Association shall be the beneficiary in each such life insurance policy and each such policy shall be de- posited with the Board of Commissioners and held by the City Clerk for such Board and shall be so en- dorsed that the Board of Commissioners shall have the sole control thereof; Provided, that no such policy shall be purchased for any fireman, and this ordin- ance shall not be effective as to any fireman, unless and until such fireman shall sign a written assign- ment and waiver substantially as follows: "ASSIGNMENT AND WAIVER In consideration of the payment of the premiums on the within described policy by the Board of Com- missioners of the City of Salina, Kansas, out of the funds of the Firemen's Relief Association of Salina, Kansas, which funds are under the control and supervision of the Board of Commissioners of said City, and of the fact that the insured is an em- ployee of the City of Salina, in whose life the City of Salina and Firemen's Relief Association each have . . . Ch. 9, Art. 2 FIRE DEPARTMENT.-Relief Association. insurable interest, the Firemen's Relief Association of Salina, Kansas, is hereby made the beneficiary of said policy without the right of revocation or change by the insured except with the written consent of the Board of Commisioners of said city expressed in a Resolution or Ordinance duly adopted by such Board, and the policy issued on the life of ................ ............, the undersigned, as insured, being Policy No. ............, dated .................... issued by The United Life Insurance Company of Kansas, with all of the rights of the insured provided for therein, is hereby assign- ed to The City of Salina, Kansas, for the use and benefit of The Firemen's Relief Association of Salina, Kansas, and the Board of Commissioners of said city shall have the sole control of said policy and of all rights thereunder including the right at any time to surrender the same for the then cash value thereof without the consent of the insured or the bene- ficiary or of any other person, and the undersigned as the insured in such policy does hereby waive all of his rights under the policy above described in favor of said The Firemen's Relief Association of Salina, Kansas. The proceeds of said policy at ma- turity, either by death or by arrival of insured at age 65 while said policy is still in force, shall be paid to The Firemen's Relief Association, of Salina, Kan- sas, in accordance with the terms and provisions of said policy contract; Provided however, that if the undersigned at any time before becoming eligible for retirement from said fire department according to law, ceases to be a regular full paid member of the Salina Fire Department, either voluntarily or involuntarily, the undersigned may upon payment to the Firemen's Relief Association of the then cash or loan value of such policy have the right to such policy for his own benefit and the right to designate the beneficiary therein, and for the purpose of bor- rowing from the company issuing such policy an amount sufficient to pay such sum to the Firemen's Relief Association, such association and the Board of Commissioners may join with the undersigned in the execution of such instrument as may be re- quired by such company in order to procure such loan, and after the payment of such amount to the Firemen's Relief Association the insured shall there- after have the sole right to such policy subject only to such loan. (~2, Ord. 4599, 1-2-36). 9-209. Surrender of Policy. The Board of Com- missioners shall have the right at any time to sur- render any such policy, without consent of the insur- ed therein, to the life insurance company issuing the same, upon payment of such company to the Firemen's Relief Association of the then cash sur- render value thereof as provided for in such policy. (*3, Ord. 4599, 1-2-36). 9-210. Firemen; Policy rights prior to retirement. If the insured in any such policy at any time before becoming eligible for retirement according to law ceases to be a regular full paid member of the Salina Fire Department either voluntarily or involuntarily, such person may upon payment to the Firemen's Relief Association of the then cash or loan value of such policy have the right to such policy for his own benefit and the right to designate the bene- ficiary therein, and for the purpose of borrowing from the company issuing such policy an amount sufficient to pay such sum to the Firemen's Relief Association, such association and the Board of Com- missioners shall join in the execution of such in- strument as may be required by such company in order to procure such loan, and after the payment of such amount to the Firemen's Relief Association the insured shall thereafter have the sole right to such policy subject to such loan; or in the event of such termination of service the Board of Commis- sioners may make such other provisions with refer- ence to the disposition of such policy as they may deem proper under the circumstances. (~4, Ord. 4599, 1-2-36). 9-211. Same; Retirement. If any fireman so in- sured shall become eligible for retirement as pro- vided by law and shall retire before the maturity of the policy covering such person, the Board of Com- missioners may surrender such policy for its then cash value and place such proceeds in the Firemen's Relief Fund to be used in payment of such retire- ment allowance as may be provided by the Firemen's Relief Association and by the Board of Commission- ers for such person, or they may make provision for the payment of a retirement allowance to such per- son out of other funds of the Firemen's Relief As- sociation and carry such policy to its maturity at which time the proceeds of such policy shall be placed in the Firemen's Relief Fund and used in or applied to the payment of the retirement allowance to such person so long as such allowance is payable or until such proceeds are exhausted by reason of the payments therefrom. (~5, Ord. 4599, 1-2-36). 9-212. Policy; use of funds on maturity. When any such insurance policy shall mature either by the arrival of the insured at the age of 65 or by reason of death of the insured prior thereto, the proceeds of such policy shall be placed in the funds of the Firemen's Relief Association and used for the fol- lowing purpose: 101 102 FIRE DEPARTMENl'.-'-Relief Association. Ch. 9, Art. 2 paid. members of the Salina Fire Department and all persons who shall be hereafter employed as such shall make application to The United Life Insur- ance Company of Kansas, for issuance of life insur- ance policies in accordance with the provisions of (b) If the insured has become eligible for re- this ordinance, and the first annual premiums due tirement and has retired, the proceeds shall be used on sLlch policy and all subsequent annual premiums as provided for in Section 5 of this ordinance. due thereon shall be paid to such company out of (c) If the insured shall die before reaching the the funds of the Firemen's Relief Association, it age of 65 (or after 65 while still in active service as being understood and agreed that such Company by fireman and after the endowment has been paid to issuing the policies herein provided for agrees to ac- the Firemen's Relief Association,) as a result of ac- cept the present 20 members of the Salina Fire De- cident or illness incu,rred in the li~e of duty, the I partment ~nd to issu,e policies. on ,the lives of suc~ procoeeds of such polIcy shall be paId to the widow persons WIthout medICal exammatlOn or other eVI- andlor dependents of such fireman, if any, in lieu dence of insurability except such as has been made of a similar amount out of the other funds of the (except as to provisions for the waiver of premiums Association, and in such monthly installments or on account of disability, and to issue policies in the amounts as may be provided by the Board of Com- same manner on any new regular full paid members missioners and in addition to such other amounts of said Fire Department as they may be employed out of such fund as the Association and the Board from time to time, provided that no such new mem- of Commissioners may deem proper under the cir- bel' shall be hereafter employed until he shall pass cumstances and considering the then condition of such physical examination or tests as may be pro- such Firemen's Relief Fund. vided for from time to time by the Board of Commis- (d) If the insured shall die while a regular ~ioners and by the medical e~aminer for such life member of the Fire Department before reaching the msurance company, and provIded further that no age of 65 (or thereafter while still in active service person shall be hereafter employed as a member and after the endowment has been paid to the Fire- of the Fire Department who at the time of such men's Relief Association) as a result of accident .01' employment is over the age of 40 years. (~7, Ord. illness not incurred in the line of duty, the proceeds 4599, 1-2-36). of such policy or such portion thereof as the Board of Commissioners may deem proper may be paid to the widow andlor dependents of the insured, if any, in such monthly installments or payments as the Board of Commissioners may deem proper, or the Board of Commissioners may make such other pro- visions for the disposition of such proceeds as they may deem proper and equitable. (e) In any event not herein specifically provided for the Board of Commissioners shall provide for such disposition of the proceeds of any such policy as they may deem proper and may in any event provide that the proceeds of any such policy be placed in the Firemen's Relief Fund to be used in any manner provided by law for the use of such funds. (~7, Ord. 4599, 1-2-36). 9-213. Membership in Association; Issuance of Policies; United Life Insurance Co.; Examination of new members; Age limits. The present regular full (a) If the insured is still in service as a fireman such proceeds shall be kept in the Firemen's Relief Fund to be applied to the retirement allowance of such firemen when he becomes eligible for retire- ment. 9-214. Definitions. Reference in this ordinance to the Board of Commissioners shall be deemed to mean the Board of Commissioners (or the regular governing body) of the City of Salina, Kansas; ref- erence to the Firemen's Relief Association, or As- sociation, shall be deemed to refer to the Firemen's Relief Association of Salina, Kansas, a corporation; reference to the Firemen's Relief Fund shall be deemed to refer to the fund belonging to the Fire- men's Relief Association in the hands of the City Treasurer as ex-officio treasurer of the Firemen's Relief Association; reference to members of the Salina Fire Department, and to firemen, shall be deemed to refer to and include all regular full paid firemen of the Fire Department of the City of Salina, Kansas, including the Chief, Assistant Chiefs, Fire Inspector, and any other officers now or hereafter in service on the Fire Department of the City of Salina. (~8, Ord. 4599, 1-2-36). . Ch. 9, Art. 3 FIRE DEPARTMENT.-Pen~ion Fund. 103 . ARTICLE 3.-Firemen's Pension Fund. (See 13-768 G. S. 1936, as Amd.) 9-301. Firemen's Pension Fund; Purpose. Pur- suant to the provisions of Section 13-758 of the Gen- eral Statutes of 1936 as amended by Chapter 128 Laws of 1937, there is hereby created a fund to be known as the "Firemen's Pension Fund" for the purpose of pensioning firemen and affording relief to members of the Pire Department of the City of Salina, Kansas, when sick or who may become dis- abled in the service or may be retired and for the relief of the family and other dependents of such firemen in case of death under such rules and reg- ulations as may be enacted by the Board of Trustees of such fund as provided for in this ordinance and subject to the provisions of law. (~1, Ord. 4817, 12-27 -37). 9-302. Same; Board of Trustees; City Treasurer ex-officio, treas. That there is hereby created a Board to be known as the "Board of Trustees of the Piremen's Pension Pund", which Board shall con- sist of the Mayor, Chief of Pire Department, City Attorney and two delegates at large from the Fire Department to be selected by the members thereof and who have been selected by the members of the Pire Department as follows: One delegate for a term of one year and one delegate for a term of two years from the first Monday in December 1937 thereafter on the first Monday in December of each year there shall be selected a delegate for a term of two years. The Board shall elect from the mem- bers a President and Secretary and the City Treas- urer of said city shall be ex-officio Treasurer of said Board and shall have charge of the funds and securities of such fund. (~2, Ord. 4817, 12-27-37). 9-303. Pension fund kept separate; trustees to serve without pay; investment of fund. That the firemen's pension fund shall be kept and preserved as a separate fund, and no part of the fund shall be used for any purpose other than the payment of the amounts to become due as provided for in this act; and the trustees herein provided shall receive no compensation for their services. The Board of Trustees of said fund are authorized and may in- vest up to seventy-five percent of said funds in United States government bonds, or in bonds of the City by which it is created. (~3, Ord. 4817, 12-27- 37). 9-304. Persons entitled to receive death benefits. That if any officer or member of the Fire De- partment while in the performance of his duty be killed or injured or contracts a disease attributable . to.. such performance so that .death results there- from, the Board of Trustees shall pay monthly to his widow, or if there be no.widow, then to such of his children collectively so long as they are under the age of eighteen years, a sum equal to fifty per- cent of the monthly salary or wages such officer or member is receiving at the time his illness or injury occurred. (~4, Ord. 4817, 12-27-37). 9-305. Retirement for permanent injury or dis- ability or at age limit; payment to widow of de- ceased fireman. That any member of a fire depart- ment within the provisions of this act who shall, while a member of such department and while en- gaged in the performance of his duties as a fire- man, be permanently disabled by reason of injuries or illness resulting from the performance of his duties as a fireman, and upon an examination by a physician or physicians appointed by the Board or Trustees and paid by same, be found to be physically or mentally disabled as a result of such permanent injury or disability so as to render him unfit for the performance of his duties as a fireman, shall be entitled to be retired, and the Board of Trustees shall thereupon order his retirement and upon be- ing retired shall be paid out of the firemen's pen- sion fund of such city, monthly as long as such disability exists, a sum of one half of the monthly salary at the date of his permanent injury or dis- ability, and a physician or physicians appointed by said Board of Trustees shall have the right to ex- mine any such retired fireman at any time to deter- mine his condition, and if it shall be determined upon such examination that such disability has ceased to exist, prior to the time that such retired fireman would otherwise be entitled to retire by reason of age and service, then the payments of such pension shall immediately cease. (~5, Ord. 4817, 12-27-37). 9-306. Retirement; When eligible; amount of pension. Any officer or member of the fire de- partment more than fifty years of age, and having served twenty years, or more in such fire depart- ment, of which the last two years shall have been continuous, or has been retired because of disability, may make application to the Board of Trustees to be placed on the pension list and, upon such appli- cation being granted, the Board of Trustees shall pay monthly to such member so retired a sum equal to fifty percent of the salary or wages such officer or member was receiving at the time of his retire- ment or disability, and in the event of the death of such officer or member of the fire department, either while in service or while retired, leaving sur- viving him a widow, such monthly payment which 104 FIRE DEPARTMENT.-Pension Fund. Ch. 9, Art. 3 such retired officer or member was receiving or r dues. That there shall be levied annually at the would. be entitled t~ at the tim~ of his, death . ~h~lll time of the levy of other taxes for city purposes, be paid to her durmg. the rema.mder of her hfe III I a tax upon all taxable property within the limits the same manner as It was paid to such deceased I of the City of Salina for the purpose of creating a officer or member of the fire department during his Firemen's Pension Fund as herein provided for a retirement; PROVIDED, that any widow of any tax of 2/10 of one mill on the dollar, provided that officer or member of the fire department who shall if at any time that fund shall reach the sum of become entitled to the pension under the provisions :;;10,000 no additions tax shall be levied until the of this act shall be the wife of said pensioner at fund shall drop below that amount and the tax levy the time he is pensioned, or at the time he is killed herein shall be in addition to all other levies au- in service, and she shall forfeit all her rights under thorized by law. All money derived from taxes so this act in case she remarries. (~6, Ord. 4817, 12- levied shall constitute a fund to be known as the 27-37). "Firemen's Pension Fund" of the City of Salina, 9-307. Pro rata payment where funds deficient. which fund shall be exclusively devoted to and for That if at any time there shall not be sufficient the purposes herein enumerated, Provided further, money in the fund created under the provisions of every member of the Fire Department of the City this act to pay such persons entitled to the benefits of Salina shall be required to pay to the Treasurer herein provided the full amount per month provided of said Board of Trustees of said fund a member- for in the said rules and regulations, then an equal ship fee of $5.00 and shall also be requh'ed to pay percentage of such monthly payment shall be paid to said Treasurer dues of at the rate of 1% of their to each beneficiary until such fund shall have been monthly wages, which assessment shall be deducted replenished, so as to warrant the payment in full from and paid in equal monthly installments out of each of said beneficiaries. (~7, Ord. 4817, 12- of his salary and no member of the Fire Department 27-37). who shall fail to pay such membership fee or such dues shall be eligible to participate in or benefit by the fund hereby created by reason of any illness, injury or death occurring while such delinquency ex- ists. (~10, Ord. 4817, 12-27-37). 9-308. How pensions paid; report by treasurer. That all persons paid and all moneys drawn from the pension fund under the provisions of this act shan be upon warrants signed by the President and Se- cretary of the Board of Trustees and approved by and appropriated from such fund by the Board of Commissioners of the City of Salina and such war- rants shall designate the name of the person and the purpose for which payment is made. The treas- urer of the Board of Trustees shall prepare, annual- ly, immediately after the first day of January, a report of the receipts and expenditures for the year ending December 31 of the previous year, showing the money on hand, how invested, and all moneys received and paid out, which report shall be filed with the City Clerk. (~8, Ord. 4817, 12-27-37). 9.309. Payments inalienable. That all payments made, or to be made, as provided in this act, shall be absolutely inalienable by any assignment, sale, execution or otherwise, and they shall not be subject to garnishment or attachment. (~9, Ord. 4817, 12- 27-37). 9-310. Tax levy for fund; membership fees and 9-311. Participation in other funds forbidden. N" 0 member of the Fire Department nor the widow or dependents or any beneficiary of any such fire- man who shall be participating from the Firemen's Pension Fund hereby created to the maximum ex- tent provided for herein and in the Act pursuant to which this ordinance is adopted, shall be entitled to participate for the same purpose or on the same grounds or receive benefits from any other pension or relief fund which is provided for the refief of firemen and their dependents in the City of Salina, including the Firemen's Relief Association Fund of said city, it being the intention of this ordinance to provide only for the payment of one pension or total payment of benefits not to exceed those pro- vided for in this ordinance to any such firemen or his dependents, and that the total payment of bene- fits and pension from this and other funds shaH not exceed the maximum provided for in this or- dinance. (~11, Ord. 4817, 12-27-37). . eh. 10, Art. 1 FIRE PREVENTION.-General Regulations. 105 . CHAPTER lO.-FIRE PREVENTION. (See 13-441, G. S. 1935) Article I.-General Regulations.-10-101 to 10-136, 2.-Gasoline, Oils, etc.-10-201 to 10-214. ARTICLE I.-General Regulations. 10-101. Measures for prevention of fires; Inspec- tion of premises. It shall be the duty of the chief of the fire department of the City of Salina to adopt in his discretion, and to enforce all prudent meas- ures for the prevention of fires in said city, and all laws or ordinances relating thereto. It shall be the duty 01 the chief of the Fire Department, and of any fireman or Inember of the fire department appointed or designated by him fOI' such purpose, to enter inte and examine all dwelling houses and other buildings and inclosures of every description in the City oi Salina, and they or any of them are hereby author- ized, at any reasonable hour and whenever said chief of the fire department or any fireman or mem- ber of the fire department appointed by the chiei for the purpose may deem it necessary or proper, in order to ascertain whether any such dwelling houses or other buildings or inclosures are in a dangerous condition to enter the same for the purpose of mak- ing such examination and inspection. For the pur- p02.e of carrying out the provisions of this ordin- ance, the chief of the fire department may desig- nate or appoint one or more firemen or members of such fire department as fire inspectors and it shall be unlawful for the owner, occupant or any person in charge of any dwelling house or other building or inclosure in the City of Salina to refuse to permit the Fire Chief or any Fire Inspector to enter any such premises, or in any way to prevent the chief of the fire department or any such fire inspector from entering any such premises, in the City of Salina, for the purpose of examining and inspecting the same as herein provided. (~1, Ord. 3797, 10-14-29). 10-102. Regulation of storage; I,eeping combusti- ble or inflammable material. It shall be unlawful for any person, firm or corporation, being the own- er, occupant or in charge of any dwelling house or building or inclosure in the City of Salina, to keep or store in, on or about any such premises any com- bustible or inflammable materials or substances in such manner or in such quantities or under such conditions as will, or may in the opinion of the Chief of the Fire Department or of any such Fire inspector, be dangerous in causing or producing fires, or which will, or may in their opinion, increase the fire hazard or be dangerous to property in the City of Salina in case of fire in, on or about any such . premises, or to keep or store in any such premises any accumulation of rubbish, paper, boxes or any other highly inflammable materials or substances especially liable to cause fire, or which is so situated as to endanger any property in said city. (~2, Ord. 3797, 10-14-29). lG-103. Removal of Combustible or inflammable material; misdemeanor. If, upon the inspection of any dweHing house or building or other inclosure in the City of Salma, the Chief of the fire department or any such fire inspector shall find that any such com- bustible or inilammable materials 01' subs Lances are kept or stored in, on or about any such premises in such manner, or in such quantities or under such conditions as will, or may in their opinion, be dan- gerous in causing or producing fires, or which will, or in their opinion may, increase the fire hazard on such premises 01' cause damage to any property in the City of Salina in the event of a fire on or about such premises, or shall find any accumulation of rubbish, paper, boxes or any other inflammable ma- terials or substances especially liable to fire, and which is so situated as to endanger any property in the City of Salina, such fire chief or fire inspector shall have the power and authority, and it shall be Lheir duty, to order any such inflammable or com- bustible materials or substances removed from such premises, or so cared for and arranged as to remove the probability of such danger, which orders or di- rections may be given either orally or in writing, and apy such person, firm or corporation, being the owner, occupant or in charge of any such premises, who shall fail, refuse or neglecG to comply with any such orders or directions within a reasonable time thereafter, not to exceed three days, shall be deemed guilty of a misdemeanor. (~3, Ord. 3797, 10-14-29). 10-104. OiJstructions unlawful. It shall be unlaw- ful for any person, firm or corporation, being the owner, occupant or in charge of any premises in the City of Salina, to place or allow, or cause or permit to be placed, allowed or maintained, on or about any fire escapes, stairs, passageways, doors or windows, on any such premises, any obstruction liable to in- terfere with the operations of the department or the egress of occupants in case of a fire in, on, or about such premises. (~'!, Ord. 3797, 10-14-29). 10-105. Same; Failure to remove; misdemeanor. If upon inspection of any premises in the City of Salina, as provided for in this ordinance, the fire chief or fire inspector shall find any obstructions in, on or about any fire escapes, passageways, doors or windows in any such premises, liable to interfere 106 I<'lRE PREVENTION.--General Regulations. Ch. 10, Art. 1 with the operations of the fire department or the egress of occupants in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, oc- cupant or person in charge of such premises or build- ings, and any such person, firm or corporation who lShall fail or refuse to comply with any such orders or directions within a reasonable time thereafter, not to exceed three days, will be deemed guilty of a misdemeanor. (S5, Ord. 3797, 10-14-29). 10-106. Service of orders. If any order or direc- tion provided for herein to be given by the Fire Chief or Fire Inspector shall be given in writing, such order may be served by delivering a true copy of the same to such owner or occupant or person in charge or by leaving such copy at his place of residence, or in case no person is found on the pre- mises by affixing a copy thereof in a conspicuous place on the door or at or near the entrance to such premises. (S6, Ord. 3797, 10-14-29). 10-107. Orders not waivers or release of liability. That the giving of any order or direction to any person, firm or corporation pursuant to any of the provisions of this ordinance shall not be deemed to be waiver or release of the liability of any such per- son, firm or corporation on account of any violation of any part of this ordinance caused by the exist- ence of any condition which may be referred to in any such order, and it is the purpose and intent of this ordinance that any such person, firm or corpora- tion may be charged with any violation of this or- dinance regardless of the giving of any such orders or directions. (S7, Ord. 3797, 10-14-29). 10-108. Inspections; Frequency. It shall be the duty of the Chief of the Fire Department to make an inspection and examination as provided for in this ordinance or to cause an inspection and examination to be made by one of the fire inspectors as provided for herein, as often as may be or as he may deem necessary, of all buildings, premises and public thoroughfares in the City of Salina, for the purpose of ascertaining and causing to be corrected any con- dition liable to cause fire, or violations of any of the provisions or of the intent of this ordinance or of any other ordinance of the City of Salina relat- ing to or affecting the fire hazard; provided that all premises within the fire limits used for business purposes shall be examined not less than four times a year, and all premises used for business purposes outside the fire limits shall be inspected and examin- ed not less than twice a year. (S8, Ord. 3797, 10- 14-29). 10-109. Violation; Penalty. Any person, fil'm or cOl'por-ation who shall violate or cause or permit the violation of any of the pl'ovisions of this ordinance or who shall refuse to permit, or in any manner pre- vent, the chief of the fire department or any fire iU3pcctor as provided for herein from entering any pl'emi:ses in the City of Salina owned or occupied lJy 01' in chluge of any such person, firm or corpora- ~ion, for the purpose of making an examination and inspection as herein authoj:ized and provided for, or who shall fail, neglect or refuse within three days after the giving of any order or direction which may be provided for herein to comply with such or- der 01' direction, shall upon conviction thereof, of each oiiense, be fined not le3s than $25.00, nor more than $100.00, or be imprisoned not to exceed thirty days, or may be punished by both such fine and im- prisonment for each such offense, and each day upon which any condition herein prohibited may be permitted to exist, and each day during which any such order or direction shall not be complied with according to the provisions of this ordinance, shall be deemed to constitute a separate offense. (S9, Ord. 3797, 10-14-Z9). 10-110. Litter and trash in street, lots, etc.; re- move or burn; how burned; violation; penalty. It is hereby made a misdemeanor for any person to throw or deposit in an alley or on any lot in the rear of any business building within the fire limits of the City of Salina, any paper, shavings, litter, trash, old boxes or any other combustible or inflammable ma- terial; or for any owner or occupant of such build- ing or lot to permit any paper, shavings, litter, trash, old boxes, or any other combustible or inflammable material to accumulate or remain in such alley or upon such lot for three (3) days after being re- quested by the Fire Chief to remove the same; and it is hereby made the duty of the Fire Chief and his assistants to diligently watch and inspect the said alleys and lots in the rear of such buildings within the fire limits and require the owners or occupants thereof to clear away, remove therefrom 01' burn all paper, shavings, litter, trash, old boxes or other com- bustible or inflammable material, and if such owner or occupant or occupants of such premises shall de- sire to destroy any such paper or shavings or like ma- terial by burning the same, he shall provide him- self with a fireproof receptacle within which to burn the same, which shall be built of such material and in such manner as may be satisfactory to the Fire Chief and shall not be located nearer than twenty feet to any wooden building or structure of any kind: Any person who shall violate any of the provisions of this section shall, upon conviction, be . . . Ch. 10, Art." 1 FIRE PREVENTION.-General Regulations. 107 fined-in any sum not less than five nor more one hundred dollars. (~10, Ord. 1480, 2-9-09). 10-111. Theatres; regulations. The Fire Chief shall have full right and authority to detail and place on duty, at his discretion, one or two regular members of his force within any theatre, lyceum, opera house, public hall or other place of amusement in the City of Salina, where scenery, drop curtains, footlights and necessary stage fittings are used, dur- ing any performance therein, and shall require every precaution possible to be taken by the owner, man- ager, lessee, or employees, to prevent fire, and to guard the public from panic; and all persons shall comply with any such requirements made as afore- said, and the Fire Chief, or his Assistant under his direction, when in the proper discharge of their du- tie~, shall have the right to enter any such theatre, lyceum, opera house, public hall or place of amuse- ment at any and all times. Every such theatre, lyceum, opera house, public hall or place of amuse- ment within said City shall be supplied with a suffi- cient quantity of good, serviceable hose, with con- nections for the same with the City's water service, to enable all parts of the stage, scenery or room or hall to be reached property in case of fire, or, in lieu of such hose, not less than two chemical hand fire extinguishers, which shall be kept properly charged and in good working order at all times, and in plain view of the audience, and said hose shall be kept and maintained at all times efficient, and sub- ject to the approval of the Fire Chief. No camp stools, loose chairs or other obstructions shall be al- lowed in any of the aisles or the lobby during any performance in any such theatre, lyceum, opera house, public hall or place of amusement in said City and all proprietors, lessees or managers of such theatres, lyceums, opera houses, public halls or places of amusement shall not permit any person or persons to stand in the aisles, doors or windows of such places while any performance of any kind is or may be going on therein. (~11, Ord. 1480,4-9-09). 10-112. Fire Chief examine schools, theatres, hotels, etc. The Fire Chief shall also adopt in his discretion such system of examination as he may deem practicable to the following classes of buildings already erected or that may hereafter be erected within the City as shall render the Fire Department familiar at all times with the manner of construction and internal arrangement of such buildings, the modes of egress and ingress and any existing de- fects, in order that the workings of said Department may be facilitated in case of fire, to-wit: School buildings, public halls and theatres, manufacturing than I establishments," hotels, -business houses and ware- houses. (~12, Ord. 1480, 4-9-09). 10-113. Chief report violations and non-compli- ance with directions; enforce ordinance. It shall be the duty of the Fire Chief to ascertain and report to the City Council all violations of and non-com- pliance with his directions, as herein provided, to- gether with the names of the offenders; he shall also have charge of and look to the enforcement of all ordinances of the City relating to iire limits or fire precautions. (~13, Ord. 1480, 4-9-09). 10-114. Vehicles give right of way to Fire Depart- ment; street cars; Fire Department sound gong. At every alarm of fire it shall be the duty of the owners or drivers of all animals, wagons, carriages 01' other vehicles in any street, avenue or alley, 01' upon any bridge, upon which the Fire Chief, or his Assistant, is approaching with any vehicle, hose carriage, hook and ladder truck 01' other apparatus belonging to the Fire Department, to immediately yield the right of way to such officer or apparatus, or to move in such manner as not to obstruct or delay them or either of them on their way to such fil'C; and all drivers, engineers and conductors of street or railway cars, when in the vicinity of any imch Fire Department, vehicle or apparatus, when the same is on its way to or on duty at any fire, shall so manage and control such car and the motive power which moves the same as not to obstruct or delay the Fire Department or any part of it in the discharge of its duties. The drivers of all Fire Department vehicles and apparatus when answering alarms of fire must cause the gongs upon their apparatus to be sounded upon leaving the station, and when approaching all cross streets and street crossings, and continue the same while enroute to the fire as constantly as the public safety may re- quire. (~16, Ord. 1480, 4-9-09). 10-115. Fire hydrants; obstructing. No person shall place or cause to be placed upon or about any fire hudrant any rubbish, building material, fence or other obstruction of any character whatsoever in any manner to obstruct, hinder or impede the Fire Department in the performance of its duties in case of a fire in the vicinity of such hydrant; nor shall any person hitch or cause to be hitched to any fire hydrant any animal or animals nor fasten to the same any guy rope or brace, nor back or stand any wagon, dray or other vehicle against any such hy- drant. (~17, Ord. 1480, 4-9-09). 10-116. Boiling pitch and tar; bonfires near buildings; hours; no fires on pavements. No person shall within the City limits boil any pitch, tar, or 108 FIRE PREVENTION.-General Regulations. Ch. 10, Art. 1 other inflammable substance of like nature, unless the same be done in an open space not less than twenty-five feet distant from any building or other property that can be endangered thereby, or within a building specially designated for such purpose and at such distance from any other building as the Fire Chief shall direct; nor shall any person set on fire within said City Limits any hay, straw, paper, shavings, rubbish or other combustible material within twenty-five feet of any building, and then only between the hours of six o'clock A. M. and one o'clock P. M.: Provided, that in no case shall any such material be burned upon any avenue, street or alley within the City paved with bitulithic or asphalt pavement or wooden blocks. (~21, Ord. 1480, 4-9-09). 10-117. Violation of Sees. 10-110 to 10-116; penalty. Any person found guilty of violating any of the provisions of this ordinance for which no penalty is hereinbefore named, or who shall refuse or neglect to comply with the directions of the Fire Chief or his Assistant given in accordance there- with shall, upon conviction, be fined not less than five nor more than one hundred dollars for each offense. (~24, Ord. 1480, 4-9-09). 10-118. Fires prohibited; certain district. That it shall be unlawful for any person or persons to set fire to any rubbish, shavings, hay or straw any- where between Elm and Walnut Streets and Fifth and Seventh Streets in the City of Salina. (~1, Ord. 70, 4-25-1872). 10-119. Violation of Sec. 10-118; penalty. That any person or persons violating the provisions of this Ordinance shall upon conviction thereof be pun- ished by a fine of not less than five nor more than' twenty-five dollars for each and every offense. (~2, Ord. 70, 4-25-72). 10-120. Stacldng hay in certain district; pro- hibited. That it shall be unlawful for any person or persons to stack or other wise expose between Fourth Street and Ninth Street and between Elm and Walnut Streets any hay or other unusually combusti- ble material or to leave the same within said limits so as if ignited to endanger any building or other property. (Sl, Ord. 205, 7-23-1877). 10-121. Violation of See. 10-120; penalty. That any person or persons violating any provision of this ordinance shall upon conviction thereof be fined by a fine of not less than $5.00 or more than $100.00. (s2, Ord. 205, 7-23-1877). 10-122. Lighting match in barn, cellar, etc.; pen- alty. That every person who shall light a pipe or match in any barn, stable or cellar or any building containing straw or any combustible material shall be deemed guilty of a misdemeanor and upon con- viction be punished by a fine of not exceeding $25.00. (S26, Ord. 635, 3-7-88). 10-123. Giving false fire alarm; penalty. Every penson who shall maliciously or mischievously give or wLlnd or cause to be given or sounded any false alarm of fire within the City shall be deemed guilty of a misdemeanor and upon conviction thereof before the Police Judge of this City shall be fined not less than $25.00 nor more than $100.00. (~27, Ord. 635, 3-7-88). 10-124. Fire alarm telegraph system; breaking or cutting connection. It shall be unlawful for any person or persons whomsoever to break, cut or in- jure or sever the connection of, loosen or remove irom the fastenings any wire of, and connected with the fire alarm telegraph system of said City of Salina, or in any manner, or by any means what- soever, to obstruct, loosen or hinder the free, full and perfect use of any such wire, without first ob- taining a permit in writing so to do from the Super- intendent of said Fire Alarm Telegraph System and then only under such terms and conditions as to time, manner, place and expenses of repairing and l'eplacing the same as said Superintendent may im- pose and subscribe. (~1, Ord. 848, 1-15-94). 10-125. Placing wire within ten inches of fire alarm telegraph. It shall be unlawful for any per- son or persons to place any wire so that the same shall be or become at any point through any cause, at any time, nearer than ten inches to the wire of the Fire Alarm Telegraph System. (S2, Ord. 848, 1-15-94) . 10-126, Violation of Sees. 10-124 and 10-125; pen- alty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be pun- ished by a fine of not less than $3.00 or more than $100.00 for each offense. (~8, Ord. 848, 1-15-94). 10-127. Stacking hay within 500 feet of fire limits; packing material. No person shall deposit or stack any hay or straw within five hundred (500) feet of any building located within the fire limits. Packing material shall be kept in metal or wood, metal lined, bins, having self closing or automatic covers. Refuse from rooms where packing or un- packing is done shall be removed daily. (~3, Ord. 3076, 2-23-25). . Cb. 10, Art. 1 FIRE PREVENTION.-General Regulations. . 10.128. Storing ashes. It shall be unlawful to any time by such Board, and such explosive!:! whe., store ashes inside of any non-fireproof building, un- any such permit is granted, shall be kept only in a le"s they be stored in an incombustible container or building specifically provdied for such purpose, and l'eceptable and a clearance of at least five feet shall which when so used shall be placarded on each side be maintained between such containers or receptacles with red signs on which the words "Danger," "Ex- and any combustible material. Ashes shall not be plosives," and "Keep Away" in letters at least six stored outside of any building in wooden receptacles inches high shall be placed and such building shall 0," dumped in contact with or in close proximity to not be nearer to any other building or structure than any combustible material. (S4, Ord. 3076, 2-23-25). the distance fixed in such permit, and it shall be 10-129. Explosives. It shall be unlawful to store unlawful for any owner or person in charge of such or keep any explosive, except one pound or less oj: building to permit any other person, except the duly gunpowder, in any storeroom, wareroom, building 01' authorized employees of such owner or person in on any' premises within the City, providing, however, charge, to go nearer to such building, or to smoke, that not more than five pounds of gunpowder mayor to light any match or other fire, or to permit be kept III closed metal canisters in a store or ware- to be lighted any match or other fire, or to have room away from artificial heat or light, and pro- any light, fire or any lighted cigar, cigarette or vided further that not more than fifty pounds oj: pipe, or to have or permit any electric wire, electric gunpuwueI' may be kept if in a magazine made of light, or other light, or to set off or to cause or ill'e proof material or of wood covered with sheet permit to be set off any explosive charge, nearer iron and mounted on wheels and kept securely to such building than the distance fixed in such locked except when necessarily opened for use by permit; Provided, however, that nothing herein con- authorized persons, and not more than 1,000 blasting tained shall relieve any such person, firm or cor- caps in a similar, but separate magazine. Said poration from any liability from damage caused by magazine shall be conspicuously placarded in red the keeping or storing of such explosives whether letters at least four inches high "EXPLOSIVES" by virtue of such permit or otherwise, nor shall the which placard shall be located within the building, City of Salina be responsible for any damage caused on the Hoor nearest the street level and within ten by the keeping or storing of any such explosives, by feet of the street entrance. (S5, Ord. 3076, 2-23-25). virtue of any such permit. (Sl, Ord. 3624, 1-3-29). 10-130. Gunpowder; permit. Any person, firm or corporation who shall store gunpowder shall obtain a permit from the Chief of the Fire Department, who shall inspect the place where same is kept, and the dealer shall fully disclose to said Chief where same 1S kept both in the day and night time. (S6, Ord. 3076, 2-23-25). 10-131. Violation of ordinance; penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not less than $5.00 nor more than $25.00 for each offense and every day that any of the terms, conditions or provisions of this ordinance are not complied with shall be considered a separate offense. (S7, Ord. 3076, 2-23-25). 10-132. Storage of Explosive~ther than gun- powder. Permits. It shall be unlawful to store or keep any dynamite, nitroglycerine, giant powder, or other explosives other than gunpowder in any store- room, wareroom, building, or any premises within the city limits, except by special permit granted by the Board of Comissioners, which permit shall spe- cifically state the location at which, and the condi- tions under which, any such explosive shall be kept or stored, and which permit shall be revocable at 10-133. Gunpowder regulated. That the keeping and storage of gunpowder in the City of Salina shall be regulated in all respects by the provisions of Sections 5, 6, 7 and 8 or Ordinance No. 3076, as now in force, being Sections 10-122 to 10-125 inclu- sive, of Revised Ordinances 1925. (S2, Ord. 3624, 1-3-29). 10-134. Violation; penalty. Any person, firm or corporation violating any of the provisions of this oI'dinance or the provisions or conditions of any special permit issued as provided for herein, shall be fined not less than $5.00 nor more than $500.00 for each offense and every day that any of the terms, conditions or provisions of this ordinance or any such permit are not complied with or are violated, shall be considered a separate offense. (S3, Ord. 3624, 1-3-29). 10-135. Use of fumigants; permit required. It shall be unlawful for any person, firm, or corpora- tion, being the owner, occupant or in charge of any premises used for commercial purposes in the City of Salina, Kansas, to use or allow or cause or permit to be used on or in any such premises at any time, any type or kind of poisonous or explosive gas, in- cluding the use of hydrocyanic acid, chloropierin or . 109 110 FIRE PREVENTION .-General Regulations. Ch. 10, Art. 1 carbon bisulphide, for fumigation purposes without sentative or officer thereof, who shall violate the special permit from the Chief of the Fire Depart- provisions of this ordinance shall be deemed guilty ment. Provided, however, that no fumigant composed of a misdemeanor and shall be fined not less than in whole or in part of carbon bisulphide gas may I $25.00, not more than $100.00 for each offense, and be used within any commercial building. (~1, Ord. every day that the conditions or provisions of this 4947, 9-27-39). ordinance are not complied with according to the 10-136. Violation; penalty. That any person, provisions of this ordinance shall be deemed to con- firm or corporation, or any employee, agent, repre- stitute a separate offense. (~2, Ord. 4947, 9-27-39). . . . Ch, 10, A~ 2 FIRE PREVENTION.-Gasoline, Oils, Etc. 111 ARTICLE 2.,.....,Gasoline, Oils, Etc. (See 13-441, G. S. 1935) 10.261. Tanks within IOU feet of building; pro- hibited unless according to regulations; exceptions. That it shall hereafter be unlawful for any person, company, co-partner::;hip, corporation or associa.tion to own, keep or maintain, eiLher as principal or agent above ground and within one hundred feet of any dwelling house or other building within the City of Salina, any tank of more than one hundred galloll~ capacity used for the storage of fuel, oil, crude oil, petroleum, gasoline or any other like combustible, inflammable or dangerous product or material, un- less such tanks with their appliances and the prem- ises upon which the same are situated shall be con- structed and maintained strictly in accordance with the terms of this ordinance and with the regula- tions herein provided for; provided, however, that the provisions of this ordinance shall not apply to tanks used for the storage of distillate or other similar fuel oil used for domestic heating, having a capacity of 2000 gallons or less, where the dis- tillate or other similar oil stored in such tank is for the use of heating the building situated on the premises where such tank is located. (Sl, Ord. 2353, Amd. by Sl, Ord. 3075, 2-23-25). 10-202. Construction of tanks. All such storage tanks shall be of standard construction throughout and shall be built of steel of suitable strength and of not less than three-sixteenths (3/16) of an inch in thickness. (S2, Ord. 2352, 8-21-1920). 10-203. Venting system of tanks. All such stor- age tanks shall be equipped with a venting system consisting of a double screen 50x50 non-corrosive wire gauze mesh installed and connected in a safe and workmanlike manner with all joints in such venting system constructed so as to be air tight and in such a manner that the only source of air supply and source for the escape of gases will be through the wire gauze screens in the venting connections. The vent pipe of any storage tank having a flat metal sheeted roof may lead directly through the roof thereof which pipe shall be equipped with the double screen wire gauze mesh hereinbefore men- tioned and shall be made air tight at the point of entrance by the use of litharge or similarly effec- tive substance applied after a driving fit has been made. All vents shall, after their construction, be painted with a heavy coat of non-corrosive paint. (S3, Ord. 2352, 8-21-20). passage- permitting the. escape of gases, shall be through the venting sy.stem. In event any manhole shalt be constructed in the roof of any stGrage tank such manhole shall be consti'ucted so that it may be bolted. or screwed down and made equally air and vapor tight with the remainder of said roof and tank. (S4, Ord. 2352, 8-21-20). 10-205. Measuring openings. The measuring openings shall be of the plug and socket type fitted with standard threads and constructed so that all openings are air and gas tight when the plugs are screwed firmly into the sockets. Each plug shall be fastened by chain in close proximity to the socket with which it is used and shall be kept tightly in place in its respective socket except when removed for measuring purposes. (!l5, Ord. 2352, 8-21-20). 10-206. Tanks electrically connected with earth. All tanks and piping shall be brought into solid permanent electrical connection with the earth for the purpose of carrying off static and other elec- trical discharges and in accordance with the regu- lations of the National Electric Code Standard. All piping used in connection with the tanks shall be inter-connected by means of a number 0 0 0 0 flexi- ble copper conductor in solid electrical and mechani- cal connection with the piping, and in connection with a boiler plate not smaller than four (4) square feet in surface area by one-fourth inch (14") in thickness and buried to the depth of permanent moisture and in any event not less than four (4) feet below the surface of the ground. (~6, Ord. 2352, 8-21-20). 10-207. Retaining wall surrounding tank, capacity. There shall be constructed so as to completely sur- round the storage tanks upon any particular prem- ises, a retaining wall of concrete, brick or masonry of not less than eight (8") inches in thickness which wall shall be leak proof and of an interior dimen- sion sufficient to retain one and one-fourth (114) of all the contents of the tanks so surrounded when filled, that is to say that such wall shall have an interior retaining area of a sufficient number of cubic feet to retain the entire capacity of all tanks so surrounded plus an additional one-fourth (14) thereof. (S7, Ord. 2352, 8-21-20). 10-208. Premises free from inflammable material. The premises upon which any such tanks are main- tained shall be kept clean and free of any dangerous or inflammable waste or rubbish. (!l8, Ord. 2352, 8-21-20) . 10-204. Roofs of tanks. The roofs of all storage tanks shall be constructed so as to be air tight and 10-209. Violation of Sees. 10-201 to 10-208; penalty. in such a manner that the only air passages or Any person, company, co-partnership, corporation or 112 FIRE PREVENTION.__Gasoline, Oils, Etc. eh.. 10, Art. 2 association violating any provision of this ordinance or refusing or neglecting to comply with the require- ments thereof shall in 'such case bli! deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding one hundred ($100.00) dollars, and each day's continuance of any failure or neglect to comply with any provision of this ordinance shall be deemed to be a separate and distinct offense and shall be punished accordingly. (99, Ord. 2352, 8-21-20). 10-210. Sale of gasoline to vehicle in street; pro- hibited; exceptions. That on and after the taking effect of this ordinance it shall be unlawful for any person, company 01' corporation, 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 driven vehicle in or upon any public street, alley or thoroughfare within the fire limits of the City of Salina, Kansas, as such fire limits are now 01' may be hereafter defined by ordinance any gaso- line from any tank wagon or similar vehicle wherein gasoline is transported for sale; Provided, However, that it is not intended and this ordinance shall not operate against the sale and delivery of not to exceed three (3) gallons of gasoline upon the public streets and thoroughfares within said fire limits and to a motor driven vehicle in event such vehicle shall be then incapable of operation because of an actual and complete lack of gasoline, provided such emergency shall actually exist, without intent or purpose of the driver thereof to evade the provisions of this ordi- nance: and provided further, that nothing herein con- tained shall be construed to prohibit the delivery of gasoline to filling stations, grocery stores and other and similar places of business within the fire limits of said city, where gasoline is kept for sale and disposition, but in all instances where exceptions to the provisions of this ordinance are permitted such delivery shall be made in a careful manner with due regard for the protection and safeguard against explosion or combustion and with regard to the pro- tection of property and of travelers or pedestrians upon the public streets and side-walks of said city. (SI, Ord. 2800, 6-13-23). 10-211. Violation of Sec. 10-210; penalty. That any person, firm or corporation, or any person who shall be or act as the agent, representative, mem- ber, officer or manager of any firm or corporation who shall violate any of the provisions of Section 1 of this ordinance shall be deemed guilty of a mis- demeanor and shall, upon conviction, be fined not less than $10.00 nor more than $100.00 for each offense. Each separate day's violation of said sec- tion or any provisions thereof shall be considered a separate and distinct offense and shall be punished as such. (S3, Org. 2800, Amd. SI, Ord. 3025, 9-8-24). 10-212. Curb filling stations in fire limits, con- struction prohibited. That on and after the publica- tion of this ordinance it shall be unlawful for any person, company or corporation, either as principal or as the agent or employee of another to construct 01' cause to be constructed within the fire limits of the City of Salina, as now or hereafter defined by ordinance, any gasoline filling station or similar ap- paratus or contrivance located upon a public sidewalk 01' parking adjacent thereto or upon or adjacent to .he curb of any public street within such fire limits and used for the sale and delivery of gasoline. (S2, Ord. 2801, 6-15-23). 10-213. Curb filling stations outside fire limits; special permits; subject to revocation. That on and after the publication of this ordinance it shall be anlawful for any person, company or corporation, either as principal or as the agent or employee of another, to build, construct, maintain or operate apon any public sidewalk or parking adjacent there- co or upon or adjacent to the curb of any public ,treet, outside the fire limits of the City of Salina out within the corporate limits thereof, any gasoline filling station or similar apparatus used for the sale and delivery of gasoline without first having made written application to the Board of Commissioners of said City for permission so to do and without hav- ,llg first received from said Board of Commissioners a permit for the erection and operation thereof. Such permits, when granted, shall be received by the ap- plicant subject to the right of the City of Salina, through action of its Board of Commissioners to revoke such permit and to order the discontinuance and removal of such filling station at any time, and subject to discontinuance and removal in event the fire limits of said city shall be extended so as to embrace the location where any such filling station may be located. (S3, Ord. 2801, 6-15-23). 10-214. Violation of Sees. 10-212 and 10-213; penalty. That any person, firm or corporation or any person who shall be or shall act as the agent, representative, member, officer or manager of any firm or corporation who shall violate any of the provisions of Sections 2 and 3 of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction shall be fined not less than $10.00 and not more than $100.00 for each offense. Every day upon which or during any part of which any violation of said Sections 2 and 3 shall continue or during which . Ch. 10, Art. 2 FIRE PREVENTION.-GasoIine, Oils, Etc. 11.': any curb pump filling stations erected in violation of the City of Salina, shall be deemed and considered of said Sections 2 and 3 of this ordinance shall be a separate offense and shall be puni:Jhed as such. permitted to remain in any street or thoroughfare (~5, Ord. 2801, Amd. ~1, Ord. 3026, 9-8-24). . . (Firat Publiehed in '!he Salina Journal Jovember 30. 1~6) ORDINANCE NO. 5126 AN ORDINANCE extending the tire limit. of the City ot Salina a. defined in Seot! on #1 of Ordinanoe #3040 and Seotion #l ot Ordinanoe *,619. being Seotion. 11-101 and 11-102. re.peotively revi.ed ord1nanoe. ot 1939. BE IT ORDAINED by the Board of' Commiesioners of' the C1 ty' ot ~ Sal in a, Kanaaa. Section 1. 'lh&t the tire limit. of' the City ot Salina. Kan..... ... de/ined in Section 1 of' Ordinanoe 1I0. 3040 ..nd hotion No. 1 ot Ordinanoe 50. 4619. being Section. 11-101 and 11-102, respectively, revised ordinanoe. ot 1939. be and th87 are hereby extended to include all that part at the City ot Salina, laneas, lying within the following boundar!e.. - Commenoing at the interseotion of the we.t lino of' Fourth Street with th, south line ot We..lJ1ut Street, thence south to northweet corner of' intersection at Fourth Street and Mulberry Street, thence west along the north line at Mul- berry Street to the eut line at Fitth Street, thence north to south line ot Walnut Street) thenoe eaat along south 1 ine ot Walnut street to point at beginning. . Section 2. fh18 ordinance shall take ettect and be in full toroe after it. pas.age and publication in the otticial city paper. Introduced, WOTombor 19. 1945 Pa..ed, )Jovember 26, 1946 J. H. )(oore, Jr. Kayor Attest. Cha.. I. Bank.. O! ty Cl:erk e . . . eh. 11 FIRE LIMITS. 115 CHAPTER H.-FIRE LIMITS. (See 13-442, 13-427, G. S. 1935.) 11-101 Fire limits defined. That all of that por- tion of the City of Salina, Kansas, comprised within the following metes and bounds shall be known and designated as the Fife Limits of the City of Salina, to-wit: Commencing at the intersection of the north line of Mulberry Street with the west line of Fifth Street, thence north along the west line of Fifth Street to the north line of Walnut Street, thence east along the north line of Walnut Street to the west line of the right-of-way of the Union Pacific Railroad Company (McPherson Branch) thence north along the west line of said right-of-way to the north line of Ash Street, thence east along the north line of Ash Street to the west line of the alley running north and south between Second Street and Third Street, thence north along the west line of said alle~' to the south line of Elm Street, thence west along the south line of Elm Street to the west line 01 Third Street, thence north along the west line oi Third Street to the south line of North Street, thence west along the south line of North Street to the west line of Fourth Street, thence north along the west line of Fourth Street to the center of the main line right-of-way of the Union Pacific Railroad Company, thence southwesterly along said center line of the said right-of-way to the intersection 01 said center line with the east line, extended north, of College A venue, thence south along said line to the north-west corner of Lot 41 on Elm Street in Weaver's Addition, thence east along the north line of Weaver's Addition to the north-east corner of Lot 7 on Elm Street in said addition, thence easterly to the southwest corner of Lot 4 on Twelfth Street in said addition, thence east to the southeast corner of Lot 4 on Eleventh Street in said addition, thence north to the southeast corner of Lot 10 on Eleventh Street in Weaver's Addition, thence easterly to the southwest corner of Lot 58 on Eleventh Street in Bishop's Addition, thence east to the southeast corner of said Lot 58, thence northeasterly to the south- west corner of Lot 59 on Eleventh Street in said addition, thence east to the southwest corner of Lot 17 on Ninth Street in said Addition, thence northeasterly to the southwest corner of Lot 26 on Ninth Street as shown by the plat of the Original Town of Salina, thence east to the southeast corner of said lot, thence east to the southwest corner of Lot 2 on Eighth Street in Gower and Van Fleet's Sub-Division, thence east to the southeast corner of Lot 21 on Seventh Street in said addition, thence due east to the east line of Seventh Street, thence south alon~ the east line of Seventh Stree~ to the south line of Elm Street, thence west along the south line of Elm Street to the east line of the alley run- ning north and south between Seventh Street and Eighth Street, thence south along the east line of said alley to the south line of Lot 7::: on Eighth Street, thence west along the south line of said lot to the east line of Eighth Street, thence south aiong the east line of Eighth Street to the north line of Mulberry Street, thence east along the north line of Mulberry Street to the place of beginning. (91, On.!. 3040, 10-27-24). 11-102. Fire Limits Extended. That the fil'e limits of the City of Salina as defined in Section 1 of Ordinance No. 3040, being Section 11-101 Revised Ordinances U125, be and they are hereby extended to include ail of that part of the City of Salina, Kansas, lying within the following descnbed boun- daries, to-wit: Commencing at the intersection of the center line of Fifth Street with the center line of the main line right-of-way of Union Pacific Railroad, thence north along the center line of Fifth Street to the center line of Harsh Avenue, thence west along the center line of Harsh Avenue to the center line of the alley which runs north and south between Ninth Street and Tenth Street, thence south along the center line of said alley, and said center line ex- tended south, to the center line of Lincoln Avenue, thence west along the center line of Lincoln A venue to the center line of Thirteenth Street, thence south along the center line of Thirteenth Street to the center line of North Street, thence west along the center line of North Street to the center line of College Street, thence south along the center line of College Street to the center line of the main line right-of-way of the Union Pacific Railroad, thence in an easterly direction along the center line of the main line right-of-way of the Union Pacific Railroad to the point of beginning. (S1, Ord. 4579, 10-21-35). 11-103. Buildings, in Fire Limits; construction; alterations. That all buildings or structures here- after constructed, erected or altered within the limits defined by Section 1 of this Ordinance, or moved into or within such limits, shall be governed by the provisions of Section 2 of Ordinance No. 3040 being Section 11-102 Revised Ordinances 1925 (See 11-104); provided, however, that the. provisions of said Section shall not affect any dwelling house hereafter erected, constructed or altered within such limits, or moved into or within such limits, if the location of any such dwelling house on the lot upon 116 l<'IRE LIMITS. Ch. 11 which it is or is to be situated shall conform -to the requirements of the -.zoning ordinance of thf; City of Salina, then in effect with respect to any such location, as to set back from the street and from the side and rear property lines, or to Pl'ivate garages used or to be used in connection with any dwelling house on any premises within such limits where such private garage is designed to accommo- date not to exceed two cars, and where no part of any such private garage is closer than five feet from the side or rear property lines of the lot upon which it is situated; and provided further that the Board of Commissioners may, if in their discretion the circumstances with respect to the location, size, p:rQposed use, and probable fire hazard justify it, authorize a reduction in the thickness of outside walls, or a change in the character of the fire proof or fire resisting materials, used in the construction of any commercial building hereafter constructed, erected or altered within such limits, subject to such restrictions or requirements as the Board of Com- missioners may deem necessary under the circum- stances, which restrictions or requirements shall be inserted in and become a part of any building permit issued in connection with the construction, erection or alteration of any such building. (S2, Ord. 4579, 10-21-39) . 11.104. Buildings in Hre limits; how constructed, altered, etc. That no buildings shall be constructed, erected, altered or moved within the fire limits as defined in Section One (1) hereof, except as pro- vided in Ordinance Number 2993 of the City of Salina, Kansas, adopted by the Board of Commis- sioners of said city on June 2nd, 1924 (see Secs. 5-203 to 5-209), as now in effect or as may be here- after amended, and except as otherwise in this ordi- na:nce provided, or as may be provided in any other ordinance of the City of Salina, now in effect or hereafter adopted. (S2, Ord. 3040, 10-27-24). 11-105. Fire District No. 2 Defined. Section 3. All of that portion of the fire limits as designated in Section 1 of Ordinance No. 3040, located within the followillg described boundaries shall be known as mstriet No. 2 of the fire limits, such boundaries being as follows, to-wit: Commencing at the interection of the west line of Fourth Street with the north line of Ash Street, thence north along the west line of Fourth Street to the south line of Lincoln Avenue, (formerly Pacific Street); thence west along the south line of Lincoln A venue to the west line of the alley run- ning north and south between Fourth Street and Fifth Street, thence south along the west line of said alley to the north line of --Ash Street, thence e.'t'Jt along north line of Ash Street to the place of beginning; also, commencing at the intersection of the west line of Ninth Street with the center line of the main line tracks of the Missouri Pacific Railroad lying immediately north of Bishop Street, t'lence north along the east line of Ninth Street to the intersection of said line with the center 01 the main line tracks of Union Pacific Railroad, thence southwesterly along the center of main line tracks of said Union Pacific Railroad to the inter- section of said line with a line running north and sDuth thlOUgh the center of what was formerly the alley between Eleventh and Twelfth Streets in Blocks 11 and 12 in Depot Addition, thence south along said line to its intersection with the center line of the main line tracks of the Missouri Pacific Railroad, thence east along the center line of said tracks to the point of beginning. (S3, Ord. 3040, IJ-27-24; Amd. Sl, Ord. 3519, 2-26-28). 11-106. Fire Limits, District No.2, Extended. That the limits of Fire District No. 2 as defined in Section 1 of ordinance No. 3519, amending Section 3 of Ordinance No. 3040, be and the same are hereby extended to include the following premises in the City of Salina, Kansas, to-wit: Commencing at the intersection of the south line of Ash Street with the west line of Fourth Street, thence south on the west line of Fourth Street to the north line of Walnut Street, thence west to the east line of the alley l'un- ning north and south between Fourth Street and Fifth Street, thence north along the east line of said alley to the south line of Ash Street, thence east to place of beginning. (SI, Ord. 3804, 10-26-29). 11-107. Fire District No.3 defined. All of that pJrtion of the fire limits as designated in Section 1, hereof within the following described boundaries shall be known as District Number Three (3) of the Fire Limits, to-wit: Commencing at the intersection of the center line of the Union Pacific Railroad right-of-way with the east line of the alley, extended north, running north and south between Phillips Street and Thirteenth Sheet, thence southwesterly along said center line to the east line, extended north, of College Avenue, thence south along said line to the northwe$t cornel' of Lot 41 on Elm Street in Weaver's Addition, thence east along the north line of Weaver's Addition to the northeast corner of Lot 7 on Elm Street in said addition, thence east to the southwest corner of Lot -1 on Twelfth Street in said addition, thence east to the southeast corner of Lot 4 on Eleventh Street in said addition, thence north to the northea~t corner . Ch. 11 FIRE LIMITS. 117 of Lot 9 on Eleventh Street, in said addition, thence of buildings which are prohibited by the provisions west to the northwest cornel' of Lot 9 on Twelfth of said ordinance within the fire limits of the City Street in said addition, thence southwesterly to the of Salina (see Sec. 5, 204), Kansas shall not apply northeast corner of Lot 8 on Twelfth Street in I to residences or dwellings or other buildings of frame Weaver's 2nd Addition, thence west to the southwest construction which may be erected, altered, repaired corner of Lot 9 on Thirteenth Street in said addi- or moved within the limits of Fire District Number tion, thence west to the northeast corner of Lot 8 3 as defined in the preceding section hereof, where on Thirteenth Street in said addition, thence west to such buildings do not cover a ground area of more the east line of the alley running north and south than 2500 square feet and do not exceed two stories between Phillips Street and Thirteenth Street, thence in height or where such buildings do not covet' a north along said line to the place of beginning. (~4, ground area of more than 5000 square feet and do Ord. 3040, 10-27-24). not exceed one story in height, if all of the exterior walls of any such building are covered with brick 11-108. Buildings in District No.3. That the pro- veneer not less than 4 inches in thickness or with visions of Ordinance Number 2993 of the City of lath and stucco and shall have a roof of fire-resist- Salina, passed and approved by the Board of Com-I ing material and construction. (~5, Ord. 3040. missioners on June 2nd, 1924, relating to the type 110-27-24). . . . Ch. 13 LEVEES AND DIKES 119 CHAPTER l3.-LEVEES AND DIKES. (See 12-635 et seq., G. S. 1935, as Amd.) 13.101. Dike east of Dry Creek in Elm Dale Addi. tiOIL 'fhe construction and maintenance of a dike, by the City of Salina with consent of the property ...wners, along the following course: Beginning at the south side of State Street, thence directly north across State Street to the alley between Park No.2 and Block No.5 in Elm Dale Addition to said City, thence north along the west side of Block 5 to and across Ash Street, thence north along the west side of Block 9, in said Elm Dale Addition, thence north- erly and northwesterly over and across Block No. 1 of said Addition to and connecting with and abutting against the embankment of the Union Pacific Rail- road Company, authorized by Ord. 1279, Sept 25, 1905. ment of said Railway Co. The construction anLl main- tenance of said dike shall be performed in a man- ner entirely satisfactory to said Railway Co. fond un- der the supervision of its division engineer or other properly appointed representative; provided that said dike shall be such a height and width as to con. form to an unbt"oken grade alQng its line of construc- tion. (Sl, Ord. 1303,4-17-06). 13-103. ll'iissouri Pacific to raise and lengthen trestle. Said Railway Co. further agrees to iengthen Its trestle over Dry Creek, known as Hridgt! No. i30, about 84 feet to the south, and to raise said trestle about 3 feet above its present grade, in order co provide an increased waterway under said trestle, and to raise its two trestles located immediately south of said Bridge No. 230, known as Bridge No. 231 and Bridge No. 231 A, a sufficient amount to make the top of the rail at said two trestles conform to an unbroken grade line between the point near the south end of said Bridge No. 230, raised and ex- tended as aforesaid, and a point on the present grade of the track of said Railway about 120 feet south of said Bridge No. 231 A. (~2, Ord. 1303, 4-17-1906). NOTE: 1)ry Creek Dikes. Land for dikes condemned and dikes constructed under provisions of Resolution No. 477, 7-27-29, and Ordinance No. 3820, 1-15-30. . 13.102. Dike at crossing of Dry Creek and Mis- souri Pacific right of way. The Missouri Pacific Railway Co. grants to the City of Salina the right to construct and maintain a dike on the north side of Dry Creek, at the point of the crossing of said creek through the right of way of the said Railway Co., the said dike to enter the right of way from the east and the west, and to connect with the embank- . . Ch. 14, Art. 1 LICEN SES.-General. 121 CHAPTER l4.-LICENSES. (See Sec. 13-911; 13-1905 'G. S. 1935.) Article l.-General Licenses.-14-101 to 14-179. 2.-Carnival and Amusement Comp~mies and Amusement Parks.-I4-lWl to 14-209. a.-public Dances.-14-301 to 14-310. 4.-PooI and Billiard Halls.-14-401 to 14-414. 5.-Public Vehicles; Licenses in General. 14-501 to 14-515. 6.-Taxi-Cabs.-14-601 to 14-649. 7.-Junk Dealers.-14-701 to 14-712. S.-Auction Sales.-14-801 to 14-823. 9.-Fireworks.-14-901 to 14-914. 10.-Cereal Malt Beverages.-14-1001 to 14-1020. 11.-Music Machines.-14-1101 to 14-1104. 12.-Loudspeakers.-14-1201 to 14-1204. (Note: For license for farm products, see 12-1617, G. S. 1935. For licenses to ex-soldiers and sailors, see 73-207, G. S. 1935.) ARTICLE I.-General Licenses. . 14-101. Licenses; non-assignable; no refund. All licenses issued from this date are to be non-assign- able, non-transferable and no refund is to be made in any case, regardless of the time when such license has been issued. (~1, Ord. 2640, 3-11-1922). 14-102. Same, words printed on license. All li- censes issued from this date shall have printed within said license, or stamped on said license with a rubber stamp the words, "non-transferable, non- assignable and no refund". (~2, Ord. 2640, 3-11- 1922). 14-103. License required. No person, firm or cor- poration, either as principal 01' agent, shall conduct, pursue, carryon or operate, in the City of Salina, any calling, trade, occupation, profession, 01' busi- ness hereinafter named without first having ob- tained a license therefor from the City Clerk and paying the charge or charges therefor, as herein- after provided. (~1, Ord. 1668, 11-18-1912). 14-104. Amount of license fees. The license tax hereby levied under this ordinance shall be in the following amounts, viz. (92, Ord. 1668, 11-18-1912): 14-105. (1) Auctioneers. Auctioneers, not includ- ing the proprietors or managers of auction rooms, $25.00 per annum. (~2, Ord. 1688). 14-106. (2) Auction rooms. Auction rooms, $500.00 per annum. (~2, Ord. 1688). 14-107. (3) Auction sales. (See Secs. 14-801 to 14-823). . 14.108. Auction stands. (SeeSecs. 14-151 to 14- 155). 14-109. (4) Bowling alleys. Bowling alleys, 01' ten-pin alleys, $25.00 per annum. (~2, Ord. 1688). 14-110. (5) Canvassers. Itinerant or transient canvassers, or book, map or picture agents, $10.00 per week. (~2, Ord. 1688). 14-111. Carnival and amusement companies. (See Secs. 14-201 to 14-2(9). 14-112. Circuses, Shows, Etc. (See Secs. 14-201 to 14-209). 14-113. Concerts, Etc. (See Sees. 14-201 to 14- 209). 14-114. (8) Corn doctors. Corn doctors, 01' chir- opodists, not residents of Salina, $1.00 pel' day, $5.00 per week. (~2, Ord. 1688). 14-115. Dances, public. (See Secs. 14-301 to 14- 310). 14-116. (9) Doctors, etc. Itinerant or transient doctors, dentists, oculists, opticians or surgeons prac- ticing such profession or occupation, $10.00 per day. (~2, Ord. 1688). 14-117. (10) Express companies. The sum of $20.00 per year on the business and occupation of ex- press companies, corporations or agencies, in receiv- ing packages in this City from persons in the City and transmitting the same by express from this City within this State to persons and places within the State of Kansas; and receiving in this City packages by express transmitted within this State from persons and places in this State to persons within the City and delivering the same to persons in this City; excepting the receipt, transmission and delivery of any such packages to and from any de- partment agency, or agent of the United States, and excepting the receipt, transmission and delivery of any such packages which are interstate commerce; the business and occupation of receiving, transmit- ting and delivering of the packages herein excepted is not taxed hereby. (S2, Ord. 1688). 14-118. (11) Free lectures, patent medicines, etc. Free lectures, or entertainments of any kind what- ever, given on any street, avenue or vacant lot in the City of Salina, for the purpose of advertising any goods, wares, merchandise, person, thing or bus- iness, or the advertisement of patent medicines, pro- prietory medicines, drugs, nostrums and articles, where such goods are not sold or offered for sale, $4.00 per day or $15.00 per week. (S2, Ord. 1688. See also Sec. 14-146). 122 LICENSES.-General. Ch. 14, Art. 1 14-119. (12) Fortune Tellers. (.~ee Sees. 14-165 to 14-167). ~4:UO. (l3) Gift enterprises. Gift enterprises of any kind, $25.00 per day, (~2, Ord. 1688). 14-121. (14) Goods on street. Soliciting business or e~hibiting goods, wares and merchandise, or sam- ples of the same on the streets or adjacent thereto or in any public place in the City of Salina, or sell- ing or offering to sell goods in connection with such exhibition, by any transient or itinerant proprietor, agent or vendor, $25.00 per week. (~2, Ord. 1688.. See also Sec. 14-169). 14-122. (15) Peddlers. (See 14-134; 14-174). 14-123. (16) Insurance companies. Insurance companies, agents or agencies, surety bonding com- panies, agents or agencies handling and writing in the City of Salina, any kind or manner of insurance or surety bonds, $10.00 per annum for each insur- ance company or bonding company so represented, excepting, however, that no insurance company or agent or agencies representing the same, and en- gaged solely in writing fire, lightning or tornado insurance either separately or combined, shall be obliged to pay any license fee whatsoever and pro- vided further that no insurance company organized and existing under the laws of the State of Kansas, and having its principal office or place of business at the City of Salina therein, shall be obligated to obtain any license for the transaction of its business or to pay any license fee in regard to the transaction thereof. (~2, Ord. 1688, Amd. by p, Ord. 2366, 12-24-1920). 14-124. (17) Itinerant venders, patent medicines, etc. Itinerant or transient venders of any patent medicine or proprietory medicine, nostrums, or other articles, $25.00 per week. Provided that no license shall be issued to any person to sell or peddle drugs or medicines within the City until such person shall have furnished satisfactory proof that he has com- plied with the pharmacy laws of the State of Kan- sas. (~2, Ord. 1688. See also Sec. 14-146). 14-128. (21) Nickelodeons. Rooms and halls used for nickelodeon~and' for moving picture' shows, in- cluding such vaudeville attractions as might be given as part of any such moving picture show, $30.00 per annum; Provided, that the price of admission ehal'ged for any show or exhibition under this sub- section shall not exceed twenty cents; and provided Ln.thel', that no license shall be issued hereunder for le~s than one year. (S2, Ord. 1688, Amd. by ~1, Ord. nll 1-5-1914). 14-129. (22.) Opera houses. Opem houses, the- atres, halls an~ other rooms and buildings used for public entertainments for pay, not otherwise enu- merated or specified in this ordinance, $50.00 per annum; and no license shall be issued hereunder for less than one year. (S2, Ord. 1688, Amd. by S2, Ora. 1741, 1-5-1914). H-130. (2.3) Orders, future delivery. Itinerant 01' transient persons soliciting or canvassing for ordcrs for future delivery of goods, wares, or mer- chandise by themselves or by others, from stock not carried in the City of Salina, $25.00 per week. (S2, Ord. 1688). 14-131. (24) Patent rights. Patent right deal- er:!, $25.00 per day. (~2, Ord. 1688). 14-132. (25) Pawnbrokers. Pawnbi:okers or loaners of money on pledged security 01' property, ~;50,OO per annum. (~2, Ord. 1688). 14-133. (26) Peddlers, clothing, etc. Itinerant or transient peddlers or venders of ready made clothing, textile fabrics, boots or shoes or home fm'- nishing goods of any kind, $25.00 per week when sold from a wag'on or vehicle of any kind, $3.00 per tiay, $15.00 per week when carried by the pel:son 3clling the same. No license shall be issued to an~' one to sell any such articles from a stand upon any street in the Cit~.. (S2, Ol'd. 16S8. See also Sec. H-146). 14-134. (27) Peddlers, transient or itinerant. Transient or itinerant peddlers, hawkers, or venders of any goods, ,vares or merchandise, or solicitors 01' canvassers for the sale of the same, not otherwise provided for in this ordinance, $25.00 per week. No license shall be issued to anyone to sell any such articles from a stand upon any street in the City. i 14-126. (19) Merry-Go-Rounds, etc. (See 14-201). (S2, Ord. 1688. See also Sec. 14-146). ~o"',.J r?:i.~ 14-127. (20) Museums. Museums, for the exhibi- 14-135. (28) Penny arcades. Places of amuse:,.;Y ~ ~X tion of paintings, works of art, or scientific, literary, 111ents or exhibitions known as "penny arcades", ^;~ or other curiosities, for pay, $2.00 per day, $8.00 per. $35.00 per annum; and no license shall be issued for '\ week. (~2, Ord. 1688). I less than one year. (~2, Ord. 1688). 14-125. (18) Lightning rods. Lightning rod agents, $3.00 per day, $25.00 per month. (~2, Ord. 1688). (Published in the Salina Journal 1946) e ORDINANCE NO. 5201 AN ORDINANCE providing for the levying or an oooupational and lioen.e tax upon certain callings and providing for the repeal of sub-division Nineteen (19) of Section Two (2) of Ordinanoe Bo. 5042 and enacting a new subdivision Nineteen (19) or Ordinance No. 5042 in lieu thereof. BE IT ORDAINED by the Board of Commissioners of the City of Sal ina. Section 1. !hat sub-division Nineteen (19)01.' Seotion 2 of Ordinance 1'0. so.&2 being "an ordinance providing for the levying of an ocoupational and license tax upon. and the regulation ot c.rtain callings, trad.s, pro- t..siona, bu.in..... and occupation. hereinafter sp.citied, which are con- ducted, pursued, carried en and operated within the City of Salina; pro- viding penal tie. for the violation of its ter.ms and repealing ordinanoe. 10. 2640, 1668, 1111, 6022, 6027, 226, 2504, 3043, 3313, 3651, 4075, 3426 and 3139- be and it is hereby amended to read as tollow.. e "S.otion 2. Subdivision 19. PAWNBROKERS. Pawnbrokers, or loaners ot m.oney on pledges security or property, or purchasers of personal property f?ranting options ot re-purohase, a tax in the sum ot One Hundred Fifty ($150.00) Dollars, per annum." Section 2. ~t sub-division nineteen (19) of.' Seotion 2 of Ordinanoe 1'0. 5042 be and it is hereby repealed. Seotion 3. !hat this ordinanoe shall be in tull foroe and etrect from and atter-"it. adoption and publicatioms once in the official paper. Introduc.d, December 9, 1946 Pass.d, Decemb.r 16, 1946 Atteat. Cbaa. E. Banker City Clerk Lloyd W. Price Mayor e . . . Ch. 14, Art. 1 LICENSES.-General. 1"., L-,.) 14.136. (29) Photographers. Itinerant or tran- sient photographers soliciting business or taking pictures and selling the same in the City, $15.00 per week. (~2, Ol'd. 1688). 14-137. (30) Street stands. (See 14-169). 14.133. (31) Sidewalk stands. (See 14-169). 14-139. (32) Sales; bankrupt; fire; receivers; sheriffs, etc. Persons selling 01' offering for sale goods, wares or merchandise known as 01' adver- tised or designated to be goods, wares 01' merchan- dise bought at fire sales, auction sales, manufac- turer's loss sales, wreckage sales, sheriff's, credi- tor's, assignee's, consignee's, bankrupt, special bar- gain or damaged goods' sales, or advertised in any manner for the purpose of inducing customers 01 people to believe that such goods, wares or merchan- dise will be sold for a price or prices not exceeding the cost of production, or bankrupt or damaged stock of goods not otherwise taxed, $25.00 per day, pay- able in advance. This section shall apply to all stocks of goods that are not assessed or taxed in the City of Salina; Provided that this section shall not apply to goods, wares, or merchandise which are actually under the control of the sheriff, or an as- signee or trustee in bankruptcy, or to goods, wares or merchandise which have been damaged in the City of Salina, and which are being disposed of in good faith to close out the same. (~2, Ord. 1688, 11-18-1912). 14-140. (33) Shooting Gallery. (See 14-168). 14-141. (34) Skating rinks. Skating rinks, $50.00 per annum; and no license shall be issued for less than one year. (~2, Ord. 1688). 14-142. (35) Slot machines. (Sec. 2, Ord. 1688, Re- pealed by Ord. 3633; Repealed by Ord. 4965). 14-143. (36) Street Parades. All street parades and all persons walking or driving over the streets of the City, advertising by means of printed ban- ners, signs or streamers or by ringing bells, loud calling or announcements intended to attract the at- tention of people and for the purpose of advertising any entertainment not otherwise named in this or- dinance, $3.00 for each parade or advertising "stunt". (~2, Ord. 1688. See also Section 14-1, 205). 14-144. (37) Street vender. Any street vender for articles of merchandise, notions and the like, not otherwise mentioned in this ordinance, $5.00 per day. (~2, Ord. 1688). 14.145. (38) Summer theatres. (See 14-201). 14.146. Street business; regulations. Any busi- ness which occupies or is carried on in any of the streets, alleys or public places of the City of Salina shall, at all times be subject to such regulations as the Mayor and Council shall from time to time adopt; and any failure to observe such regulations shall, without further proceedings or action of any kind forfeit the license of the person failing to observe such regulations. (~3, Ord. 1688, 11-18-12). 14.147. Clerk to issue license. Licenses under this ordinance be issued by the City Clerk, under the seal of the City, and signed by the Mayor and Clerk; but no license shall be issued until the person applying therefor shall produce to and file with the City Clerk the receipt of the City Treasurer showing the payment of the amount required by this or- dinance to be paid for the license applied for by such person. Provided, that nothing in this ordin- ance shall require the payment of a license tax by persons selling hay, grain, fruit, vegetables, milk or articles of the seller's own raising or production, or by residents of the City selling articles of their own manufacture. (~4, Ord. 1688, 11-18-1912). 14-148. Application for licenses. No license shall issue to carryon any vocation or occupation men- tioned in this ordinance until the applicant therefor shall present to the City Clerk, on a blank provided by the City, a written application signed by the applicant setting forth: 1. The name and place of residence of the applicant for license. 2. The char- acter of the business to be conducted. 3. In what manner such business is carried on. 4. In what place the business was last pursued. 5. The time for which a license is desired. (~5, Ord. 1688, 11-18- 1912). 14-149. Licenses non-assignable, etc.; when ex- pire. All licenses shall be non-assignable and non- transferable and shall expire except when issued for one day, one week, or one month, on the last day of June or the last day of December of each year. (~6, Ord. 1688, 11-18-1912). 14-150. Violation; penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof in the police court shall be fined in any sum not exceeding one hundred dollars for each offense, and shall forfeit his license thereby, if he holds any license. (~7, Ord. 1688, 11-18-1912). 14.151. Auction stands; licenses. That it shall be unlawful for any person, firm or corporation to maintain, operate or conduct within the City of Salina, Kansas, any auction stand without first hav- 124 LICENSES.-General. Ch. 14, Art. 1 ing obtained a license so to do, unci paying the L1:'- therefor as hereinafter set forth. Ull, Ord. l:226, 12-21-1918) . 14-152. Same; license fees; date of expiration. The fee for such license shall be the sum of Three Hundred Dollars, per annum payable in advance and deposited with the written application; licenses is- sued under this ordinance shall expire on the last day of June or December next after the issuance of the same. (~2, Ord. 2226, 12-21-1918). 14-153. Same; applications. Application for such license shall be made in writing and filed in the office of the City Clerk of the City of Salina, and shall set forth the name of the applicant, the firm name or style under which such business is to be conducted, and the location or place within said city where such business is to be conducted. (~3, Ord. 2226,12-21-1918). 14-154. Licenses signed; not transferable. All licenses issued under this ordinance shall be signed by the Mayor and Clerk of said city and counter- signed by the Treasurer thereof, and shall in no event be assigned or transferred. (94, Ord. 2226, 12-21-1918). 14-155. Violation of Sees. 14-151 to 14-154; penalty. Any person, firm or corporation violating any of the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Twenty-five Dollars nor more than One Hundred Dollars for each offense. (~5, Ord. 2226, 12-21-1918). 14-156. Ice cream cone venders; obtain license; fees. That every person, firm or corporation which shall either as principal or agent conduct, operate or carryon in the City of Salina the business of vend- ing, hawking or peddling ice cream or ice cream cones shall first obtain a license therefor from the City Clerk of the City of Salina and shall pay to said City Clerk prior to the issuance of said license the sum of $10.00 for each vehicle used as an an- nuallicense fee therefor. (91, Ord. 2504, 6-10-1922). truck or other similar merchandise, shall be permit- ted to occupy any street or part thereof within the City of Salina, Kansas, and it shall be unlawful for any person owning 01' in charge 01 any wagon, cart OI' stand to permit the same to stand in 01' occupy any street or part thereof within the City of Salina, Kansas, Provided However, that this ordinance shall not be construed to prohibit the sale of fruit, veg- etaLlcs, garden truck or other similar merchandise by any duly licensed vendor or peddler, whenever such vendor or peddler shall keep the cart, wagon or other yehicle from which such merchandise is sold moving, 0xcept when engaged in making a sale of such merchandise and except at such times as such per;;on may be reasonably required to stop for tem- porary purposes. (91, Ord. 3043, 11-10-1924). 14-159. Clerk not to issue Hcense. That from and after the taking effect of this ordinance no license shall be issued by the City Clerk to any person for the operation of any street or sidewalk stand for the purpose of permitting any such street or side- walk stand for sale of merchandise mentioned in Section 1 hereof, to occupy any street or part there- of within the City of Salina, Kansas. (92, Ord. 3043, 11-10-1924). 14-160. Violation of Sees. 14-158 and 14-159; pen- alty. That any person violating any of the provi- sions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $25.00. (~4, Ord. 3043,11-10-1924). 14-161. Sale of Clothing-Retail; license. That any person engaging temporarily in the business of selling or offering for sale, at retail, for or on behalf of himself or for or on behalf 01 any person, firm or corporation, men's or women's clothing, wear- ing apparel, shoes, hats or millinery, from any tem- porary location, sample room, hotel room, or any other place in the City of Salina, unless such goods have been listed for taxation and assessed and taxed in the City of Salina, shall secure a license for carry- ing on such business from the City Clerk of the City of Salina, before commencing to sell, offer for sale, or display any such goods, and shall pay for such license at the rate of One Hundred ($100.00) Dollars per day. (~1, Ord. 3225, 3-6-26). 14-157. Violation of Sec. 14-156; penalty. Any person violating any of the provisions of this or- dinance shall be deemed guilty of a misdemeanor and upon conviction thereof in the police court shall be fined in any sum not exceeding $100.00. (92, Ord. 14-162. Same; issuance of license. The license 2504, 6-10-1922). provided for in Section 1 shall be applied for, issued 14-158. Street stands, certain classes prohibited. and governed by and in accordance with the provi- That from and after the taking effect of this or- sions of Sections 14-147, 14-148 and 14-149 of the "inanee no street or sidewalk stand from which is I Revised Ordinances of Salina, 1925. (~2, Ord. 3225, ""In or offered for sale fruit, vegetables, garden 3-6-26; See ~14-1, 207 to 914-1, 209). Ch. 14, Art. 1 LICENSES.-General. 125 14-163. Violation; penalty. Any person who shall engage in any business mentioned in Section 1 here- of without first securing a license therein required and paying the license tax as therein provided for, 01' who shall violate any of the provisions of this ordinante shall be deemed guilty of a misdemeanol' and upon conviction thereof shall be fined in any sum of not less than one hundred dollars and not more than three hundred dollars, and each days vio- lation of any of the provisions of this ordinance shall be deemed a separate offense. (~3, Ord. 3225, 3- 6-26). 14-164. Clothes; sale by sample; penalty. That any person, firm or corporation, either as principal or agent, who shall engage in the City of Salina in the occupation or business of taking orders for the delivery of tailor made or ready made clothing, from samples displayed in said city, where a deposit of money is required when the order is taken and the balance of the price is to be collected when the merchandise is delivered C. O. D., by the United States Post Office Department or by any express company, or otherwise, shall pay a license tax to the City of Salina of $25.00 per day, and any such per- son, firm of corporation so engaging in any such business after the taking effect of this ordinance without paying such license tax and securing a li- cense therefor from the City Clerk shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than $50.00 nor more than $100.00 for each offense, and each day on which any such busi- ness is carried on without a license shall be deemed a separate offense. (~1, Ord. 3313, 11-24-26). 14-165. Fortune tellers; etc.. licenses. That no person shall in the City of Salina engage in or con- duct, carryon or pursue the occupation, trade, call- ing or profession of fortune teller, clairvoyant, mind reader, phrenologist, palmist, astrologer, or adver- tise or hold himself out as such, or solicit such busi- ness for himself or another, or offer to foretell or predict the happening of future events or tell of past events by means of phrenology, mind reading, for- tune telling, palmistry, card reading, clairvoyance, astrology, or otherwise, for pay, whether as a direct charge or as a voluntary contribution, without first securing a license therefor, and paying to the City Clerk a license or occupation tax therefor in the sum of $25.00 per day for each day upon which any such person engages in such business or advertises or holds himself out as engaging or being ready to en- gage therein, or solicits such business either for him- self or another. 14-166. Same; license not transferable. Uponap- plication therefor and payment of the license. or occupation tax provided for in Section 1 hereof, the City Clerk shall issue such license, which shall show the name of the person to whom issued and the lo- cation at which such business is to be carried on, and such license shall not be transferable from one pel'son to another or from one location to another. 14-167. Violation; penalty. Any person who vio- lates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and on convic- tion shall be fined not less than $25.00 nor more than $100.00 or be imprisoned not to exceed ten days or both, for each offense. (~1, Ord. 3651, 1-18-29), 14-168. Shooting Gallery. That no person shall in the City of Salina engage in or conduct, carryon or pursue the occupation or trade or calling of op- erating a shooting gallery or maintain or operate in the City of Salina a shooting gallery without first securing from the City Clerk a license therefor, pay- ing a license or occupation tax as follows: $3.00 per day, $25.00 per month or $50.00 per year, provid- ed that each yearly license issued under the pro- visions of this ordinance shall expire on the 31st day of December following the issuing of the same, and upon the filing of an application therefor and the payment of the license or occupation tax herein provided for, the City Clerk shall issue to the appli- cant a license for such period of time as may be applied for and paid by such applicant. (~1, Ord. 4075, 6-15-31). 14-169. Street and sidewalk stands prohibited; exceptions; license. That from and after the taking effect of this ordinance, it shall be unlawful for any person, firm, co-partnership or corporation, either for themselves or for another, to operate or conduct upon any public street or sidewalk in the City of Salina any street or sidewalk stand of any kind, from which is sold or offered for sale any fruit, vegetables, ice cream, pop corn, drinks, garden truck or any other goods, wares or merchandise whatsoever, ex- cept that the owner, lessee, or tenant of any busi- ness building may operate in connection with the business conducted by him in such building, a stand for vending peanuts or'; pop corn, when the same is located in front of and adjacent to such building, and when the same does not extend more than twenty-five inches in front of the property line of such building, upon the payment to the City of Salina, of a license tax for such stand in the sum of $30.00 for each year or portion thereof and pro- vided however, that nothing in this ordinance shall be deemed to permit any owner, lessee or tenant of 126 LICENSES.-GeneraL Ch. 14, Art. 1 any such building to assien to any other person the right to conduct any such stand in front of such building, and provided further, that the Board of Commissioners reserve the right to revoke any li- cense issued hereunder at any time if the same is in their opinion so maintained as to be a nuisance to the public, and that any such license may be re- voked at any time by said Board for any reason upon refunding to the licensee the pro rata part of the license fee paid for the unexpired term of the license. (~1, Ord. 3435, 8-3-37). 14.170. Sales from vehitles. That all ordinances and parts of ordinances now in effect and authorizing the issuance of any license by the City Clerk to any person for operation of any stand of any kind upon any of the streets or sidewalks of the City of Salina, except as hereinabove provided for and all ordin- ances or parts of ordinances in conflict herewith are hereby repealed, provided however, that nothing herein contained shall be held to prohibit the sale of vegetables, fruits or garden truck by a duly licensed vendor or peddler, or any other person engaged in the same of any such merchandise who may not be re- quired to obtain a license, whenever such vendor, peddler, or other person shall keep the cart, wagon or other vehicle from which such merchandise is sold, moving, except when engaged in making a sale of such merchandise and except at such time as such person may be reasonably required to stop for tem- porary purposes. (~2, Ord. 3435, 8-3-37). 14-171. Violation; penalty. That any person, act- ing for himself or for any other person, firm, co- partnership or corporation who shall violate any of the provisions of this ordinance or who shall operate any stand herein permitted without first securing a license therefor, shall be deemed guilty of a misde- meanor and upon conviction shall be fined in any sum not less than $5.00 nor more than $25.00 for each offense, and each day's violation of this ordin- ance shall be deemed a separate offense. (S3, Ord. 3435, 8-3-37). A peddler is defined for the purpose of this ordin- ance as a person, firm or corporation' that drives or goes from residence to residence or from place to place selling at retail goods, wares or merchandise other than vegetables, fruits or garden truck and who do not come within the provisions of any other ordinance now in effect, or any solicitor or canvasser for the sale of the same. (Sl, Ord. 3139, 8-14-25). 14-173. Hucksters; license tax.. A license taxshali be paid by retail and wholesale hucksters selling fruits, vegetables or garden truck in the city of Salina, and said license is hereby levied under this ordinance and shall be in the following amounts, to- wit: Retail hucksters selling ot:! foot, with a push cart or with a one-horse wagon or vehicle, $1.00 per day or $20.00 per year. Retail hucksters selling goods with a two-horse wagon or vehicle or with a truck or motor driven vehicle, $2.00 per day or $40.00 .per year. . Wholesale hucksters, $25.00 per day or $200.00 per year. No huckster license, except such as shall be issued for one or more days at the rate per day above specified shall be issued for less than one year and such license shall expire on December 31st of each year, except that for licenses issued after the 1st day of July, one-half the yearly rate shall be charged for the remainder of such year, provided that this ordinance shall not take effect as to persons who have secured and paid for licenses prior to August 3rd, 1925, under the present exist- ing ordinance until after the expiration of such li- cense so previously issued. (~2, Ord. 3139, 8-14-25). 14-174. Peddlers; license tax. A license tax shall be paid by peddlers as in Section one (1) of this ordinance defined and said license is hereby levied under this ordinance in the amount of $25.00 per year and no such license shall be issued except for one year and such license shall expire on December 31st of each year, except that for license issued after the 1st day of July, one-half of the yearly rate shall be charged for the remainder of such year. (S3, Ord. 3139, 8-14-25). 14-172. Retail and wholesale hucksters; peddlers. A retail huckster is defined for the purpose of this ordinance as a person, firrlt' dr corporation driving or going from residence to re~nce selling at retail 14.175. License tag or card required. Every per- vegetables, fruits or garden truck of any kind which son, firm or corporation doing business as a huck- he has previously bought for the purpose of selling ster or peddler in the city of Salina shall keep post- in such manner. ed in a conspicious place upon his cart, wagon, motor A wholesale huckster is defined for the purpose vehicle or truck a card or tag furnished him by the of this ordinance as a person, firm or corporation City Clerk at the time of the issuance of the license, that drives or goes from place to place and sells which card or tag shall state the date of the expira- to merchants, retail hucksters or other persons, at tion of said license. If any huckster or peddler is wholesale, vegetables, fruit or garden truck. I selling goods on foot he shall carry such card on . Ch. 14, Art. 1 LICENSES.-General. 127 14-176. Violation; penalty. Any person, firm or corporation or any officer, agent, employee or mem- ber or any person, firm or corporation violating any of the provisions of this ordinance or who shall sell any of the goods, wares or merchandise as a huck- ster or peddler as defined in this ordinance without first securing a license and paying therefor as pro- vided herein shall be deemed guilty of a misdemean- or and upon conviction shall be fined not less than $25.00 nor more than $100.00 for each offense and each days violation of this ordinance shall consti- tute a separate offense. (~5, Ord. 3139, 8-14-25). 14-177. Miniature Golf Course. Ord. 3916, 6-30- 30; Rep. by Ord. 4965. his person at all times. No huckster license shall be required of any person selling vegetables, fruits or garden truck exclusively of his own raising. (~4, Ord. 3139, 8-14-25). 14-178. Transient Hair Dressers. Ord. 3276, 8-12- 26, Rep. by Ord. 4965. 14-179. Gasoline filling stations. Ord. 3492, 12- 29, 27, Rep. by Ord. 4965. . . . . . Ch. 14, Art. 2 LICENSES.-Carnival, etc. 120 ARTICLE 2.-Carnival and Amusement Companies Circuses, Amusement Parks, Tent Shows. 14-201. Definitions. For the purposes of this or- dinance, a "circus" shall be deemed to mean that kind of a show or exhibition ordinarily known and advertised as a circus, including the exhibition of wild animals, trained animal acts, and performances by acrobats, aerial performers, trained animals, clowns, etc., and including side shows and exhibitions ordinarily shown in connection with and as a part of circuses, and the term circus shall also include menageries, wildwest shows, dog and pony shows and other similar exhibitions, whether opel'ated 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 of Salina and the unloading and/or moving 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 of the city. "Carnivals" shall be deemed to include attrac- tions or amusements in which merry-go-rounds, fer- ris-wheels, riding devices and other amusement de- vices of a similar nature are used and shall also include, whether operated in connection therewith or separately, other forms of amusements or at- tractions such as side-shows, singing and dancing acts and other exhibitions, attractions, shows, or de- vices of various kinds for the amusement of the public, commonly operated and known as carnivals, or as parts thereof, whether advertised as such or otherwise. "Tent-shows" shall be deemed to include theatri- cal, dramatic or operatic performances, or enter- tainments, or concerts, whether operated in a tent or in the open, or in any temporary or permanent building or structure unless the same be in a regu- larly licensed opera house, theatre or motion picture theatre, provided that this section shall not apply to entertainments, concerts or musical exhibitions given by any church, school, lodge or other society or organization of the City of Salina when the pro- ceeds 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 corpora- tion, except in payment of labor actually performed or for property or materials actually furnished for use in connection with such performance, concert or entertainment. (~1, Ord. 4421, 6-11-34). 14-202. Gambling prohibited. It shall be unlaw- ful for any person, firm or corporation to operate or conduct or to permit any other person to operate or conduct, or for any person to have in his posses- sion, upon the premises occupied by any such cir- cus, carnival or tent show within the City of Salina, ai1Y gambling device or game of chance. (92, Ord. 4421, 6-11-34). 14-203. Permits Required. It shall be unlawful j:'or any person, firm or corporation to operate or con- duct any such circus, carnival 01' tent show in the City oj:' Salina, without first having made application to and securing a permit from the Board of Public Weliare of the City of Salina, and without first hav- ing complied with all of the rules and regulations of such Board of Public Welfare. (S3, Ord. 4421, 6- 11-34). 14-204. License required. No person, firm or cor- pOl'ation shall engage in, pursue, conduct or carry on in the City of Salina the calling, trade or occu- pation of conducting or operating a circus, carnival or tent show as in this ordinance defined without first having paid to the City Clerk of the City of Salina the license tax as herein provided for, and without first having secured from the City Clerk a license to conduct or operate the same. (94, Ord. 4421, 6-11-34). 14-205. Same; application. Before any license shall be issued, the person, firm or corporation de- siring to secure the same shall file with the City Clerk an application in writing setting forth the nature and character of the circus, carnival or tent SilOW 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 ad- dl'8ss 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 operated, together with a statement that the applicant will abide by and perform all of the Wovisions of this ordinance and of all other or- dinances of the City of Salina, Kansas, and all reg- ulations of the Board of Public Welfare relating thereto, and such application shall be accompanied by the original or duplicate of the permit issued to such applicant by the Board of Public Welfare of the City of Salina. (95, Ord. 4421, 6-11-34). 14-206. Same; Amounts. A license tax is hereby levied upon every person, firm or corporation engag- ing in the pursuit or occupation of operating or con- ducting any circus, carnival or tent show as herein defined within the City of Salina, which license tax shall be paid to the City Clerk at the time the appli- cation in this ordinance provided for, is filed, in the following amount, to-wit: 130 LICENSES.-Carnival, etc. Ch. 14, Art. 2 For every day upon which any circus is operated within the City of Salina, the sum of $75.00; For every day upon which any carnival is operated' within the City of Salina, the sum of $25.00; Pro- vided, that if only riding devices are operated in connection with such carnival, the license tax shall be $10.00 per day; For every day upon which any tent show is operat- ed within the City of Salina, the sum of $25.00; Provided, that the license tax for one or more weeks shall be $60.00 per week. (~6, Ord. 4421, 6-11-34). 14-207. Same; not transferable. Every license tax herein provided for shall be paid by the person, firm or corporation actually operating the circus, carni- valor tent show to which such license tax is ap- plicable, and the payment of any other license tax of any kind paid by any other person shall not be deemed to cover or take the place of any license tax provided for by this ordinance, and no license issued hereunder shall be assignable or transferable. (~7, Ord. 4421, 6-11-34). 14-208. Lewd, indecent or obscene performances prohibited. No lewd, indecent or obscene perform- ance shall be given or shown in connection with any circus, tent show or carnival as herein defined, and any person 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 provi- sions of this ordinance. (~8, Ord. 4421, 6-11-34). 14-209. Violation; penalty. Any person, co-part- nership or corporation, or any agent, employee, rep- resentative, member or officer thereof, who shall violate or cause, permit or direct the violation of any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of shall be fined not less than $25.00, nor more than $160.00, for each offense, and each day upon which any such violation occurs or continues, shall be deem- ed to be a separate offense, but nothing herein con- tained shall be deemed to prevent the prosecution of any person for the commission of two or more of- fenses on the same day. (~9, Ord. 4421, 6-11-34). . Ch. 14, Art. 3 ARTICLE a.-public Dances. LICENSES.-Public Dances. 131 . 14-301. Public Dances; license required. That it shall be unlawful for any person, persons, club, so- ciety, or organization or the members, officers 01' directors thereof to conduct or operate any public dance as now or hereafter defined by Ordinance, 01' any dance hall or room 01' other place where public dancing is permitted, which shall be deemed to in- clude any restaurant, dining room 01' olher place where dancing is permitted in connection with the serving of food 01' drinks, whether 01' not any charge is made for such dancing in addition to the charge made for food and drinks served in any such place, which for the purposes of this and other ordinances of the City of Salina shall be deemed a public dance hall, without complying with all of the rules, regu- lations and requirements now or hereafter provided for by ordinance with respect to public dances, and with the requirements and provisions provided for in this ordinance, and without first securing a license as provided for in this ordinance. (SI, Ord. 4563, 8- 12-35) . 14-302. Same; requirements. That no public dance hall shall be operated, and no public dance shall be given, and no public dancing as defined in Section 1 of this ordinance or as otherwise now or herc,after provided by ordinance, shall be permitted in any building which is located within 50 feet of any dwelling house or other building occupied ex- clusively for residence purposes, within the City of Salina, Kansas, and no license as provided for in this ordinance, and no permit as now or hereafter pro- vided for 01' required by ordinance, shall be issued for the operation of a public dance hall to any per- son or persons, club, society 01' organization, or Lhe members, officers, or directors thereof, except in conformity with the provisions and requirements of this ordinance or any other ordinance now or here- after in effect. (S2, Ord. 4563, 8-12-35). 14-30a. Same; applications; amount of license. Before any such license is issued, the person or per- sons, club, society or organization or the members, 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 de- tails with respect thereto as may be required by the City Clerk, and shall pay to the City Clerk a license tax for the same as follows: For one year, $100.00; for six months $50.00; for a single day or night . $3.00; and in cases where a permit is required by ordinance from the Board of Public Welfare, shall exhibit such permit to the City Clerk. (S3, Ord. 4563, 8-12-35). 14-304. Issuance of license; revocation. If, upon Lhe filing of such application and the payment of such license fee, it appears to the City Clerk that under the provisions of this and other ordinances of .>aid city, the applicant is entitled to a license, the City Clerk may issue such license to such applicant, or if the City Clerk is not satisfied from such ap- plication that the applicant is entitled to a license, he shall refer such application to the Board of Com- missioners, who shall either approve 01' reject such application. If the application is approved by the Board of Commissioners, the City Clerk shall issue such license, and if the application is rejected no license shall be issued, and the amount deposited with the City Clerk as a license fee shall be returned to the applicant. 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 or any other ordinance of the City of Salina, 01' that any public dance 01' dancing is being con- ducted contrary to the provisions of this or any other ordinance of the City of Salina, to revoke any license issued, whether the same was issued with 01' without the approval of the Board of Commissioners. (S4, On!. 4563, 8-12-35). 14-305. License not transferable. No license is- sued under the provisions of this ordinance shall be in any manner assignable or transferable, and no such license shall be issued to or permitted to be held by any person or persons who are not of good moral character, or for the operation or conduct of any pub- lic dance or public dance hall or for any public danc- ing in any place where the ordinance of the City of Salina or the laws of the State of Kansas are violated. Each yearly license issued hereunder shall expire on December 31st following the date of issue and each six months license shall expire on the 31st day of July, 01' on the 31st day of December, follow- ing the date of such issue. (95, Ord. 4563, 8-12-35). 14-306. Violations; penalty. Any person who shall violate or who shall cause, permit or direct the violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.00 n8r more than $100.00 for each offense, and each separate violation and each day upon which any snch violation is caused 01' permitted to exist, shall be deemed a separate offense. (S6, Ord. 4563, 8- 12-35). 132 LICENSES.-Public Dances. Ch. 14, Art. 3 14-307. Licenses not assignable. All licenses shall in conducting a public dance on the Sabbath Day be non-assignable and non-transferable. (~3, Ord. commonly called "Sunday" in the City of Salina. 2414, 11-26-21). (~5, Ord. 2414, 11-26-21). 14-308. Public dance defined. (See Sees. 3-201; 3-202 and 3-203 for definitions.) 14-309. Dance on Sunday; nuisance. It is hereby declared to be a nuisance for any person, persons, clubs, societies or organizations to conduct or assist 14.310. Violation of 14-309; penalty. Any person, persons, clubs, societies or organizations violating any of the provisions of this ordinance shall upon conviction thereof be fined in any sum not less than $25.00 nor more than $100.00 for each offense. (~6, Ord. 2414, 11-26-21). . . . (k/) SOIl_~L yf~~ Ch. 14, Art. 4 LICENSES.-Pool and Billiard Halls. ARTICLE 4.-PooI and Billiard Halls. 14-401. Billiard and Pool1'ables; License. It shall be unlawful for any person or persons to have, keep 01' maintain, for hire or profit in any place in the City of Salina, billiard or pool tables, without first securing a license therefor as in this ordinance pro- vlded, and paying a license tax on all such tables in the following amounts: For each table $7.50 or fractional part thereof. Such license when issued shall be for a period of six months, and shall expire on the last day of June or December next after the same is issued, and shall be non-assignable and non- transferable, and shall be issued only to individuals and not to corporations; provided that the license tax herein made payable shall be based upon each and every bilhard and/ or pool table kept or main- tamed in place of business for which such licenses is paid unless such table is actually dismantled ana i:endered unfit for use as a billiard or pool table." (Sl, Ord. 3821, 1-4-30; Amd. ~1, Ord. 4496, 1-7-35; Amd. Sl, Ord. 4925, 1-10-39). 14-402. Same; application. Any person or per- sons desiring a license under this ordinance shall make applicatIOn therefor in writing, over his or their signature, to the Board of Commissioners. Such application shall state the number of billiard and pool tables to be set up, kept and used; the lo- cation of the room or rooms in which such tables are to be set up and used and shall contain a certifi- cate of at least two reputable citizens of said city as to the good character of the applicant 01' applicants and their recommendation that such license be grant- ed. Such application shall also be accompanied by a certificate of the Board of Public Welfare of the City of Salina recommending the granting or re- jection of the same, and the Board of Commissioners may grant or refuse such license as in their dis- cretion they may deem propel'. (~2, Ord. 3821, 1- 4-30) . 14-403. Revocation. No surety bond, as hereto- fOl'e required to be filed before any such license is issued, shall hereafter be required, but in addition to the manner, as hereinafter provided for in this ordinance, in which licenses issued under this ordin- ance may be revoked, and in addition to the causes fOi' which any such license may be revoked, any li- cense at any time issued under the provisions of this ordinance may at any time be revoked by the Board of Commissioners of the City of Salina if in the opinion of the Board of Commissioners any such licensee conducts or causes or permits the pool or billiard hall so licensed to be conducted in a dis- orderly manner, or in violation of any of the pro- 133 Viiil.lllS or l'i!gulations contained in this ordinam:e, prOVided, that any such licensee shall be entitled tp a hearing before thi! Board of Commissioners before any such lICi!llSe shall be oruel'ed ri!voki!u under the j}rovisions of this section. (S3, Ord. 3821, 1-4-30; .nmd.. Ill, Ord. 4185, 7-18-32). 14-404. Issue Hcelli:ie. If the Board of Commis- 6!Qnel'S shall deem the applicant to be a tit person co engage in such business, and sIlail approve lluch <lppiicat,on ana the bond submitted therewith, the vlty Clerk shall upon payment 01 the lIcense tax tJ.elein provided for, Issue such hcense. (S4, Ord. Jo:::a, 1-4-30). 14-4lH,. Hours open; Sunday. Ie shall be unlaw- ...ul lor any person or persons to keep open or cause J!.' penll1tlo be kept open any bilual'd or pool hall, iJowling alley, 01' any other place where bulianl 01' j}ool tables or other gaming tables or devices are ..:ept for pay on the first day of the week, commonly Kllown as Sunday, 01' between the hOUl'S of 11 p. m. and 6 a. m., on any day, 01' permit any game to be played therein on 8unday or between :;uch hours oi J.l p. 111. and 6 a. m. on any day. (~5, Ord. 3821, 1-4-3~~~ ~ SO" - Qut r'13<ff-f 14-4D6. ~e of phhers. It shall be unlawful for ehe owner, manager, keeper or person in charge 0:1 any place described in the preced.ng section hereof cO permit or allow any person under the age of nine- teen years to play at or take part in any game ill any said place, or to loiter or congregate in or about any such place. Ui6, Ord. 3821, 1-4-30). 14-407. Profane language. It shall be unlawful for the owner, manager, keeper or person in charge of any pool 01' billiard hall to knowingly permit the use of profane or indecent language or to permit any docous or disorderly conduct in such place. (~7, Ord. 3821, 1-4-30). 14-408. Intoxicating liquor. It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to sell or keep for sale or iree 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 about said premises, or to permit any gambling in 01' about said premises. (~8, Ord. 3821, 1-4-30). 14-409. Connecting rooms. It shall be unlawful for the owner, managel', keeper or person in charge of any pool or billiard hall to permit such place to be connected with any other separate room or com- partment either in the same or any adjoining build- ing, unless the connecting doorways or passageway" 134 LICENSES.-Pool and BilUard Halls. Ch. 14, Art. 4 between such premises and any. such room or com- partment shall be at. all times kept open and free from any door, gate or other device which may be .shut 01' locked, and there shall be no door, gate 01' other device capable of being shut 01' locked between any such pool 01' billiard hall and any such adjoining room 01' compartment either in said 1'00111 01' adjoin- ing room, except that this section shall not apply to room designated for and used solely for toilet purposes. (~9, Ord. 3821, 1-4-30). 14-410. License revokable. Every license granted under the provisions of this ordinance shall be re- vokable and cancellable at the pleasure of the Board of Commissioners of the City of Salina, Kansas, ir- l'espectlve of any other provislOn contamed m this ordmance 101' the revocation of any such license, provided however, that if such revocai;ion or cancel- lation shall be made by the Board of CommisslOners without 01' prior to the conVIction oi: the owner', or manager, of such pool or billiard hall for any viola- tion of this ordinance, 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. (gI0, Ord. 3821, 1-4-30). mises, the Board of, Commissioners may revoke such license, and after any such revocation, no license shall at any time thereafter be granted or issued to any such person so convicted, or in whose pr'em- ises any such act was committed, and upon any such conviction, an action shall at once accrue upon the bond given by any such person or persons, and the person or persons to whom any such license is issued shall be deemed responsible for and guilty of any violation of this ordinance caused 01' permitted by any manager, keeper or employee of such pool or billiard hall. (gl1, Ord. 3821, 1-4-30). 14-412. Same; penalty. Any person or persons who shall keep or maintain any pool or billiard table required to be licensed by this ordinance, without first obtaining a license therefor, 01' who shall keep 01' maintain any such pool or billiard table or keep open any billiard or pool hall after any such license shall be revoked, shall for each day 01' part of a day that any such pool or billiard hall is kept open, be deemed guilty of a misdemeanor and fOl' each separate offense shall upon conviction be punished by . a fine of not less than $50.00 nor more than $100.00; or by imprisonment not to exceed thirty days, 01' by both such fine and imprisonment; and provided fudher that if any bond given under this ordinance shall be cancelled by the surety, or other- wise, the operation or use of any pool or billiard table thereafter and before a new bond is given shall be deemed an operation thereof without a li- cense, and any such license shall be deemed null and void during any period in which no bond as herein required is in effect. (g12, Ord. 3821, 1-4-30). 14-411. Violation; penalty. Any person or per- sons who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 or be imprisoned not to exceed thirty days or shall be subject to both such fine and imprisonment, for each offense, and upon the conviction of any person 01' persons to Wi' a license as provided for in this ordinance 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 ordinance, or any employee thereof, of any such violation, or upon the 14-414. Posting copy of ordinance. At least two conviction of any such person of selling 01' keeping copies of this ordinance, and the license issued here- for sale or free distribution, or of using or permit- under, shall be posted in conspicuous places in each ting the keeping or use of any intoxicating liquors, pool or billiard hall licensed under the provisions of or of permitting any gambling in or about said pre- this ordinance, and a failure to keep such copies mises, or upon the conviction of any other person and license posted shall be deemed a violation of the upon the charge of gambling in or about said pre-I provisions of this ordinance. (g14, Ord. 3821, 1-4-30). 14-413. Number limited. Sec. 13, Ord. 3821, re- pealed by Ord. 4942, 8-21-39). (published in the Salina Journal February 17, 1942) ?/.ltf +/ ORDINANCE NO. 5011 AN ORDINANCE amending Section 6 of Ordinance No. 3821, being Section 14-406 Revised Ordinances 1939, re1atin~ to the age of perso~ permitted to play in or loiter about billiard or pool halls or other places and repealing said original seotion. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: . Section 1. That Section 6 of Ordinanoe No. 3821, being Section 14-406 Revised Ordinances 1939, be and the same is hereby &mended to read as follows: "Section 6. (14-406) Age of Players. It shall be unlawful for the owner, manager, keeper or person in charge of any place described in the preceding section hereof (Section 5 Ordinance 3821) to permit or allow any person under the age of eighteen years to play at or take part in any game in any such place or to loiter or congregate in or about any such place; Provided however, that persons under the age of eighteen 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 application for license to operate such place, make a special application to the Board of Com- missioners of the City of Salina for such permit and if such applica- tion shall be granted by the Board of Commissioners after the same has been referred to and approved by the Board of Public Welfare. In such special application the OWAer of such place shall agree that he will allow no person under the age of eighteen years to loiter in or playa t any game in the place owned by him unless and until he has first secured froffi such person two permission cards signed by a parent or guardian of such person, or the person having parental authority over such person, granting him permission to play at games or to be in such place. The owner of such place shall keep one of such cards on file in his place and the other shall be filed with the City Clerk, and no person under the age of eighteen years shall be permitted to play or loiter in such place unless such a card is on file covering such person, or after the same is revoked, and the owner of such place shall likewise keep a register which shall be sighed daily by all persons under eighteen years who enter his place, either to loiter or to play. Such permission cards shall contain the name of place where suoh person is to be permitted to play, the name, address and telephone number of the parents (both father and mother, if living) or guardian if such person has no father or mother, and the address, telephone number, date of birth and age of the person to whom suoh card relates, and shall state whether or not he is employed, and if so, where. When suoh card is filed with the City Clerk it shall be the duty of the City Clerk to notify by mail the parents or guardian mentioned in such card, that such permission card is on file in his office. 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. f"";>,",,, __I ". ..... . Any permission given by a parent or guardian or person having parental aut~ority. to any person under the age of eighteen years to play at or be in any such place, may be revoked at any time by either of the parents or guardian or person having parental authority over any such person. The violation by the owner, manager, keeper or person in charge of any such place, of any of the provisions of this section, or any of the agreements con- tained in the special application provided for herein, shall be grounds for the revocation of the permit granted pursuant to such special application." Section 2. That original Section 6 of Ordinance No. 3821, (~ection 14-406 Revised Ordinances 1939) be and the same is hereby repealed. Introduced, February 2, 1942 Passed, February 9, 1942 . Ed Morgenstern Mayor Attest: CMS. E. Banker City Clerk . l (.;:>C" -4 .-;- . (Published in the Salina Journal November 21, 1942) ORDli\ANCE NO. 5022 AN ORDI~ANCE regulating and providing for and requ~r~ng the payment of a license tax for the operation of penny arcades and other places of amusement and repealing certain ordinances or parts of ordinances of the City of Salina. BE IT ORDAlr~ by the Board of Commissioners of the City of Salina, Kansasl . Section 1. That it shall be unlawful for any person, firm or corporation to operate or maintain in the City of Salina, any place of amusement commonly lmown as a "penny arcade" or any place in which there is kept, operated or maintained amusement devices, including machines which exhibit or display pictures, and game machines or de- vices, operated by the insertion of a penny or other coin, without ftrst filing with the City Clerk an application for license on a form to be furnished by the City Clerk, and securing from the City Clerk a license for the operation of the same and paying the license fee provided for herein; Provided that no such place shall be operated or maintained unless a permit for the same shall be secured from the Board of Public Welfare. Section 2. The license fee for the operation of any place of amusement described in Section 1 of this ordinance shall be $100.00 which shall be for the period from the date such license is issued until December 31 next ensuing, provided, that for the remaining portion of the current year 1942, after the passage of this ordinance, the license tax shall be 20 percent of the amount herein specified. . Section 3. No gambling device or any machine or device co~only used or which is designed or susceptible for use as a gambling device or for the operation of a game of chance shall be permitted, maintained or operated in any such place, and no machine or device shall be operated, maintained or kept in any such place with exhibits or by means of which are exhibited any lewd, indecent or immoral pictures, and the exhibition of any such pictures in any such maohine or device or otherwise in any such plaoe, or any other violation of the terms of this ordinance, shall, in addition to any other penalty provided for herein, be grounds for the revocation of such license at the discretion of the Board of Com- missioners, and any such license shall be revoked by said Boa.rd if the Bos_rd of Public Welfare shall revoke or cancel any permit issued by it covering such pla.ce of business, and any such permit may be revoked or cancelled by the Board of Public Welfare at any time for rea.sons which it deems sufficient, with or without notice. . Section 4. Any person. firm or corporation. or any agent. employe or other representative thereof who shall violate or permit or direct the violation of any provision of this ordinance. shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $15.00 and not more than $100.00 or be prisoned not more than ten days. or shall be punished by both such fine and im- prisonment. and each day on which any such violation shall exist or continue shall be deemed to be a separate offense. Section 5. That sub-section 28 of Section 2 of Ordinanoe No. 1688, being Section 14-135 Revised Ordinances 1939. and any other ordinances or parts thereof specifically in conflict with the pro- visions of this ordinance be and the same are hereby repealed. Section 6. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced. October 26, 1942 . Passed. November 16. 1942 B. A. Breon Ac ting Mayor Attest: Chas. E. Banker City Clerk . (' - I. ~"",' (Published in the Salina Journal January 14, 1944 ORDLAIWE NO. 5043 AU ORDnJ.Al~CE regulating pawnbrokers and purchasers of second hand jewelry, and providing for punishment of violation thereof. BE IT ORDAINED by the Board of Co~nissioners of the City of Salina, Kansas: Section 1. S~~L KEEP RECORD. Every pawnbroker and every buyer of second hand or old gold or silver or dirorronds or other second hand jewelry, shall keep at his place of business a register, in which he shall enter in writing, a minute description of all property taken, purchased, or received by him in the conduct of his said business (including any number that may be in or upon any article), together with the t:L.-ne of the purchase and the name and place of residence (giving street and number if within city), of the per- son selling or leaving said property. also the amount paid for such property, or loaned thereon. He shell make such entries within one hour after the pur- chase of said property, and such entries shall be made in ink and shall not in any manner be erased, obliter~ated or defaced. It shall be the further duty of every such dealer or buyer to make out and deliver to the police de- par~~ent of the city, every day before thehour of 12:00 m. a legible and correct copy from said register, of all property received or purchased dur- ing the preceding 24 hours, and a good description of the person or persons from whom the same were purchased. Section 2. RECORD OPEN FOR INSPECTION. Such register shall at all times be kept open to the inspection of the Commissioners, City Manager and the Police Depar~nent. Such dealer or buyer shall also upon request exhibit to any such officer for inspection any article or articles so purchased or received by him.. Section 3. SF..ALL NOT PURCHASE OF PERSONS UNDER 16 YEARS OF AGE OR STOLEN PROPERTY. No such dealer or buyer shall purchase or receive any such article or property of person or persons under the age of 16 years, nor 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. Section 4. SPALL IiliE? IN PLAIN VI~~. Every such buyer or dealer shall keep in plain view of the public in some conspicuous place for a ~eriod of at least three days from the date and time of purchase or receiving same, all articles so purchased or received. Section 5. PEl.AtTY. Any such dealer, or buyer who shall violate, fail, neglect or refuse to comply with any provisions, regulation or require- ment of this ordinance, shall be deemed guilty of a misd~neanor, and upon conviction thereof shall be fined not less than Twenty-five Dollars, nor more than One Hundred Dollars. 4 ) . Section 6. ADDITIO~,'JAL PENALTY. That in addition to the penalty provided for in Section 5 of this ordinance, any such dealer or pawnbroker, licensed under the terms of any ordinance of the City of Salina that violates, fails, neglects or refuses to comply with the tenns of this ordinance shall forfeit such license upon hearing before the Board of Commissioners of the City of Jalina after five-day notice duly given of the time and place of -such hearing. Section 7. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, January 3, 1944 Passed, January 10, 1944 Ed Morgenstern ------- Mayor Attest: Chas. E. Banker City Clerk .. ..., . I (P~blished in the ~lina JOurnal Decanber 31, 1943) ORDIliliNCE NO. 5042 AN ORDDJAHCE providing for the levying of an occupational and license tf!x upon, and the regulation of certain callings, trades, professions, businesses and occu~tions hereinafter specified, which are conducted, pursued, carried an and operated within the City of Salina; providing penalties for the violation of its terms and repealing Ordinances No. 2640, 1668, 1688, 2366, 1741, 5022, 5027, 2226, 2504, 3043, 3313, 3651, 4075, 3425, and 3139. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Licenses required. That from and after the passage and publicati n of this ordinance, ti shall be unlawful for any person, firm, or corporation, etiher as principal, officer, agent, servant or errployee: (a) To conduct, pursue, carry on and operate in the City of Salina, Kansas, any of the callings, trades, professions, businesses or occupations hereinafter specified without having first paid to the City Treasurer an occupqtion and license tax as hereinafter prescribed, and having procured a license to engage in and carryon such calling, trade, profession, business or occupation. (b) To fail to comply with all of the regulations as provided herein. /<. Section 2. Amount of License. That the license tax hereby imposed and levied shall be in the following amounts and upon each of the following callings, trades, profeSSions, businesses, or occupations conducted, pursued, carried on or operated by any person, firm, partnership or oorporation, whether as principal agent, lessee, licensee, owner, or in any other capacity within the city limits of the City of Salina, Kansas. (1) Auctiol.eers. Auctioneers, not including the proprietors or managers of auction rooms, $25.00 per annum. (2) Auction Rooms. Operators or Auction rooms. $500.00 per annum. (3) Auction Sales. Any person conducting auction sales, $50.00 for thirty days (30). (As regulated by Ordinance No. 4951). (4) Bowling Alleys, For the operation of bowling alleys, the license 1 be $7.50 per alley, for each six (6) months. (5) Canvassers. Itinerant or transient canvassers, or book, map or ure agents, or salesmen, $10.00 per week. (6) Circuses, Carnivals and Tent Shows. (a) For every day upon which )ircus is operated vnthin the City of Salina, the sum of $75.00; (b) For r day upon which any carnival is operated within the City of Salina, the )f $25.00; Provided, that if only riding devices are operated in connection such carnival, the license tax shall be $10.00 per day; (c) For every day which any tent show is operated within theCity of Salina, the S~l of ~25.00; ded, that thelicense tax for one or more weeks shall be $60.00 per week. 'egulated and defined by Ordinance No. 4421). . (7) Corn Doctors. Corn doctors, or chiropodists, not residents of - . a, $1.00 per day, $5.00 per week. (8) Dances, public. For one (1) year, $100.00; six (6) months, $50.00 single night #3.00. (as regulated and defined by ordinances No. 4563 and 114). e - . . ~ (9) Doctors, Dentists, Oculists and Opticians. Itinerant or transient doctors, dentists, oculists, opticians or surgeons practicing such profession or 0 ccupation, $10.00 per day. (iOj--Express Com.panies. The sum of ~20.00 per year on the business and occupation of express companies, corporations or agencies, in receiving packages in this city from persons in the city and transmitting the same by express from this city within this state to persons and places within the State of Kansas; and receiving in this city packages by express transmitted within this state from persons and places in this state to persons within the city and delivering the same topersons in this city; excepting the receipt, transmission and de- livery of any such packages to and fram any department agency, or agent of the United States, and excepting the receipt, transmission and delivery of any such \ packages which are interet&te commerce; the business and occupation of receiving, \, transmitting and delivering of the packages herein exce;pted, i.sllot taxed hereby. '-'"~'-o/---'(llT- -Vortune-- Telierl3~~ Astrologists, PabnJ.sts,dand similar professioDlilist: Any person occupied for any t:iri:e as a fortune teller, clairvoyant, mind reader, phrenologist, palmist, astrologist, or advertising as any of such, ~25.00 per day. (12) Goods on streets. Soliciting business or exhibiting goods, wares and merchandise, or sauples of the s~ne on the streets or adjacent thereto or in any public place in the City of ~lina, or selling or offering to sell goods in connection with such exhibition, by any transient or itinerant proprietor, agent or vendor, $25.00 per week. (13) Insurance Cmnpanies: Insurance companies, agents, or agencies, surety ~onding companies, agents or agencies handling and writing in the City of Salina, any kind or manner of insurance or surety bonds, $10.00 per annum for each insurance company or bonding company so represented, excepting however, that no insurance company or agent or agencies representing the same, and engaged solely in writing fire, lightning, or tornado insurance either separately or coniliined, shall be obliged to pay any license fee whatsoever and provided fur-ther that no insurance company organized and existing under the laws of the State of Kfu~sas, and having its principal office or place of business at the City of Salina therein, shall be obligated to ob-t;ain any 1 icense for the -trans- action of its business or to pay any license fee in regard to the transaction thereof. (14) Itinerant vendors of patent or proprietary medicines or nostrums: Itinerant or transient vendors of any patent medicine or proprietary medicine, nostrwns, or other articles, $25.00 per week. Provided that no license shall be issued to any person to sell or peddle drugs or medicines within the City until such person shall have furnished satisfactory proof that he l~s complied vnth the pharmacy laws of the ~~ate of Kansas. (15) Musewns. Musemns, for the exhibition of paintings, works of art, or scientific, literary, or other curiosities, for pay, $2.00 per day, ~8.00 per week. (16) Nickelodeons or Music Machines: On any person owning, leasing, or operating a nickelodeons, music playing machine or any s~1ilar device, $7.50 each six (6) months for each ma.chine. (17) Opera Housesl Theatres: On each opera house or theatre, (a) with an available seating capacity of 550 or less, ~75.00 per annWUj (b) with an available seating capacity of 551 to 750, both inclusive, $100.00 per annmil; (c) with an available seating capacity of 751 or more, $125.00 per annum. e e . \ (IS) Orders, future delivery. Itinerant or transient persons solicitlllg or canvassing for orders for future delivery of goods, wares, or merchandise by themselves or by others, from stock not carried in the City of Salina, $ 25.00 per week. (19) Pavmbrokers. Pawnbrokers, or loaners of money on pledged security or property, or purche_sers of personal property granting options I_~f tfe-purchase, a tax in the Stml of l1'ive Hundred Dollars ~oo.; per amlUm. !" (20) Peddlers of Clothing, Textile Fabrics, Shoes and Home Furnishings. Itinerant or transient peddlers or vendors of ready-made clothing, textile fabrics, boots or shoes or home furnishing goods of any kind, ~25.00 per week' when sold from a wagon or vehicle of any kind, $3.00 per day, $15.00 per week, when carried by the person selling the same. No license shall be issued to anyone to sell any such articles from a stand upon any street in the city. (21) Peddlers, transient or itinerant. Transient or itinerant peddlers, hawkers, or vendors of any goods, wares, or merchandise or solicitors or can- vassers for the sale of the same, not otherwise provided for in this ordinance, ~25.00 per week. (22) Pin Ball game, marble table game, marble game, amusement devices and sll~ilar games and devices. For the operation of any pin ball game, marble table grone, marble game, amusement devices, and slluilar games and evices, whether operated in whole or in part by hand or by sight or by photo-eledtric cell, $75.00 per anntml on each machine operated for any length of time each annum. (23) Photographers. Itinerant or transient photographers soliciting business or taking pictures and selling the same in the city, '15.00 per week. (23-a)) Pool or billiard Table. On each pool or billiard table, the license tax shall be $7.50 for each six (6) months. (24) Retail and Wholesale Hucksters: Peddlers. A retail huckster is defined for the purpose of this ordinance as a person, finn or corporation driving or going from residence or residence selling at retail, vegetables, fruit or garden truck of any kind which he has previously bought for the pur- pose of selling in such manner, and the license tax therefor shallbe $1.00 per day or '20.00 per year if on foot or by pusth cart; $2.00 per day or $&0.00 per year if by motor vehicle. A wholesale huckster is defined for the purpose of this ordinance as a person, firm or corporation that drives or goes from place to place and sells to merchants, retail hucksters, or other persons, at wholesale, vegetables, fruit or garden truck and the license tax therefor shall be $25.00 per day or $200.00 per year. A peddler is defined for the purpose of this ordinance as a person, finn or corporation that drives or goes from residence to residence or from place to place selling retail goods, wares or merchandise other than vegetables, fruits or garden truck and who does not COlile within the provisions of any other ordinance now in effect, or any solicitor or canvasser for the sale of the same and the license tax therefor shall be $25.00 per year or one-half thereof if a new business started after July 1st of any year. (25) Steeet or Sidewalk stands: On offering for sale upon any public street, sidewalk or alley any goods, wares, merchandise or foods ~30.00 per year for each place of such offering for sale. (26) Sales: bankrupt; fire; receivers; and s~lilar sales: Persons selling or offering for sale goods, wares or merchandise known as or advertised or designated to be goods, wares or merchandise bought at fire sales, auction sales, manufacturer's loss sales, wreckage sales, sheriff's, creditor's assignee's consignee's bankrupt, special bargain or damaged goods' sales, or advertised in any manner for the purpose of inducing custoDlers or people to believe that such e e . ., goods. wares or merchandise will be sold for a price or prices not exceeding the cost of production. or bankrupt or damaged stock of goods not otherwise taxed. $25.00 per day. payable in advance. This section shall apply to all stocks of 2:oods that are not assessed or t axed in the City of Salina; Pro- vided tha t~this section shallnot apply to goods. wares. or merchandise which are actually under the control of the sheriff. or an assignee or trustee in bankruptcy. or to goods. wares or merchandise which have been damaged in the City of Salina. and which are beL~g disposed of in good faith to close out the same. (27) Sale of Clothing by sample. The occupation or business of takihg orders for the delivery of tailor made or ready made clothing. from samples displayed in said city. where a deposit of money is required when the order is taken and the balance of the price is to be collected when the merchandise is delivered C. O. D. by the United States Post Office Department or by any express crnnany. or otherwise. shall pay a license tax of ~25.00 per day. (28) Skating rinks. Skating rinks. $50.00 per annum; and no license shall be issued for less than one year. (29) Shooting gallery. The operation of a shooting !allery. an occupa- tion tax as follows: $3.00 per day, $25.00 per month. or ~50.00 per year. (30) Street Parades. All street parades and all persons walking or driving over the streets of the city, advertising by means of printed banners. signs or streaL~ers or by ringing bells. loud calling or announcements intended to attract the attention of people and for the purpose of advertising any enter- taillluent not otherwise named in this ordinance. ~3.00 for each parade or advertis- ing "stunt". (31) Street Vendors. Any street vendor for articles of merchandise. notions and the like. not ,9,~I:eryif~;,:r~entioned in this ordinance. $5.00 per day. (32) Taxicabs and &perators thereof. For each taxicab $30.00 per year and for anoperat'()F-'f" license therefor, l:i-.OO per year. (As regulated and de- fined by ordinances fuULlDe:red 1552. l616;/1?65; 1911; 3088; 4505; 4952; 5030; 5008; 5017; 5026.) X -- Section 3. Applications. Any person. firm or corporation engaging in any of the trades, occupations or callings upon which the foregoing sections of this ordinance levies a license tax shall file an application with the City Clerk of the City of Salina, Kansas on or before January 2, 1944, for a license to carryon such trade, calling or occupation and that such application shall state the following facts~ (1) The name and address of the applicant. (2) The nature and location of the business. (3) If an amusement machine. a specific description thereof, and the location of the machine to be licensed. (4) If the applicant is not the owner thereof, the name of the owner must be stated. (5) That funds accompany the application to pay such license tax in full. Section 4. 'When taxes due. All license taxes by this ordinance imoosed on certain trades, callings and occup~tions on an annual 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. all license taxes herein provided for on a six-month basis shall be paid on or before January second and July first of each year. All license taxes herein provided for on .. e a monthly basis shall Je paid on the first day of each calendar lfionth. All license taxes 9rovided for in this ordinance on a weekly b~s. shall be payable on Monday. the first business day of each week. Section 5. New businesses. Any person. firm or corporation entering into an occupation or trade or calling between license paying dates. shall immediately apply. pay for. and obtain a license on the same basis as though such person. firm or corporation was engaged in such bus :l.lleSS on such 1 icense paying dates. Section 6. Delinquencies. All licenses not paid within 30 days after date of e-xp irfttion shall pay a penalty of 10;~ of the amount of the license fee and 10% of the amount of thelicense fee shall be added for each additional 30 days from date of expiration. Section 7. License to be exhibited. Each license shall be posted in a conspicuous place '~ere such business or o~cupation is carried on and the holder of such license shall llronediately show such license to the license inspector or collector or his deputy or any police officer of the City upon being so requested by such inspector. deputy or officer to do so. provided that when luusic or wnusffiuent machines are licensed hereunder that such licenses shall be displayed on the licensed machine. e Section 8. Inspection. All such trades. professions. businesses and occupations. herein licensed shall be open and subject to inspection at all reasonable times. by the proper officers of the City of ~lina. under its police powers. in order for such officers to ascertain that persons conducting said trades. professions. businesses and occupations are complying wit~ all of the police and health regulatins of the City of Salina. Section 9. Inspection of a license. All licensed persons. including their employees. not having a -permanent locatio_l. shall carry their license with them and every person shall present his license for inspection when re- quested to do so by any officer of the City of Salina. Section 10. Payment. On and after the taking effect of this ordinance. any person engaged in. or intending to engage in any calling. trade. profession. business or occupation upon ~nich a license tax is levied by this ordilmnce shall ?ay the tax to the City Treasurer. who shall give a receipt therefor. stating the amount paid. the nature of the license desired. for what tllne and to whom to be issued. and if possible the exact location of office or headquarters. vnlere such calling. trade. profession. business, or occupation is to be carried on. Section 11. Not Transferable - No Refund. No license issued hereunder sr~ll be transfer tle or assignable. and no refund shall be granted. The licensed trade, calling occupation or machine shall not be transferred from place to place without the consent of the Board of Commissioners of the City of Sal :i.na, I<8.nsas. e " tit Section 12. Separate License. A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by each person, firm or corporation engaged in any occupation, calling or trade for which a license is required by this ordinance. e . Section 13. Prosecution now Pending. No prosecution now pending and no offense heretofore committed under ordimnces heretofore enacted shall be affected in any v,ray by provis ions of this ordinance but all such prosecution shall be conducted to final judgment and all such offenses shall be prosecuted in the same manner as if this ordinance had not been enacted. Section 14. Forfeiture of License. That any trade, business, profession, or occupation pursued, carried on or operated in the City of Salina, shall at all times be subject to such regulat ions as the Board of Commissioners shall from time to t~ne adopt; and any failure by any person, persons, cruupany or corpuration to observe such regulations shall without further action or pro- ceedings of any kind whatsoever, forfeit the license of the person, persons, company or corporations failing to observe such regulations. Section 15. Penalty. Any person, firm or corporation which shall con- duct, pursue or carryon, or operate within the limits of the City of Salina, any calling, trade, profession or occupation for which a license or the pay- illent of a license tax is required by the ordinance or shall assist directly or indirectly in so doing in any manner or any extent, either as owner or proprietor or as any officer of any corpors.tion, or s.s manager, superintendent, agent, servant, or employee of any person, firm or corporation, after a license tax should have been paid, or a license obtained to conduct, pursue, carryon or operate such calling, trade, profession or occupation, shall be de~ned to do so unlawf1.clly, and for such violation of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than T~~nty Five Dollars (~25.00), or not more than One Hundred Dollars ($100.00). Each day's violation shall be considered a separate offense. Any person, finn or corporation whether as principal or as agent which shall violate any other provision of this ordinance than those ~nediately above enumerated, shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than Twenty Five Dollars (+25.00), nor more than One Hundred Dollars (4100.00); and each day's violation will be considered a separate offense. Section 16. Penalty. In addition to the penalty described in Section 15 of this Ordinance, the City of Salina may recover in civil action in any court of competent jurisdiction the amount of the license tax by this ordinance Unposed, 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 Con- stitution of this State. Section 17. Saving Clause. That if any provision, term or requirement of this Ordinance shall be determined to be unreasonable, illegal, unconstitu- tioal or void, the same shall an no manner be held to eliminate, alter annul, or restrict such provisions of this ordinance, as may be legal, constitutional, reasonable and valid. , - e Section 18. Repealing Clause. That Ordinance Number 2640, 1668, 1688, 2366, 1741, 5022, 5027, 2226, 2504, 3043, 3225, 3313, 3651, 4075, 3425 and 3139, be, and they are hereby repealed. Section 19. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication once in the official city pa pe r . Introduced, December 20, 1943 Passed and approved, December 27, 1943 Ed lJorgenstern 1iayor Attesj1;: Chas. E. Banker Ci ty Ole rk e . ... (Published in the Salina Journal January 1943) . ORDINANCE NO. 5027 .AN ORDINANCE rela.ting to and regulating, and providing for the levy and collection of a license tax upon the business, trade or occupation of o'WD.ing or operating or maintaining pin ball games and other devices, and providing a penalty for the violation of this ordinance. BE IT ORDAINED by the Board of Commissioners of the City of Salina, KansasJ . Section 1. It shall be unlawful for any person, fir.m, partnership or corporation either as principal, agent, lessee, licensee, owner, or in any other capacity, within the City of Salina to own, maintain or operate, or per.mit to be maintained or operated or to have or keep or permit to be had or kept for the purpose of operation, or where the same may be operated, in any place where the same may be used or operated by any person other than the owner thereof, any game or ball ca.sting device, commonly known as a pin ball game, marble game, marble table or pin table, or any similar game, machine or device in which a wheel, disc or hand is caused to spin or rotate, or on which disos or balls are caused to be spun, turned, rotated or cast, or any other similar game, machine or devioe which is operated by depositing therein a coin or token of any kind, or any 80 called race horse game, or any similar game/lor device, without first having secured a license from the City Clerk to engage in such business, trade or occupation and for the keeping, maintaining a.nd operation of any such game, machine or device and without first having paid to the City of Salina the license tax therefor as hereinafter provided for, and without complying ~th all the rules and regulations in this ordinance provided for; PROVIDED, however, that this ordinance shall not be construed as relating to or permitting the licensing of any gambling device of any kind or nature; and provided further, that except as herein provided for, this ordinance shall not be deemed to apply to any machine or device used solely as a vem.ing machine for the purpose of selling or vending merchandise and which has no feature of chance or skill connected therewith. Section 2. There is hereby levied upon every person engaged in the busi- ness, trade or occupation described in Section 1 of this ordinance and upon every game, machine or device included within the provisions of Section 1 of this ordinance, a license tax in the amount hereinafte~ set forth for each and every such machine or device which is used, operated or maintained by any such person in the City of Salina, Kansas, such license tax being as follows; For each game. device or machine deworibed in Section 1 of this ordinance, the sum of $100.00 per year, or for each fractional portion of a year remain- iig after the issuing of suoh license. . Section 3. The license tax herein provided for shall be payable immediately upon the taking effect of this ordinance for each such game, machine or device then in use or operation in the City of Salina or whenever after such time any person shall engage in any such business, trade or occupation or commences the use, maintenanoe or operation of any such machine or device, and every license . . . --. issued as provided for herein shall expire December Sl.t following the date of issue 'thereof, and hereafter every such license tax shall be due and pay- able on the first day of January each year for every such game, machine or device then in operation. Section 4. A separate license shall be issued for each game, machine or device, and each license issued under this ordinance shall cover and per.mit the operation by the named licensee in the location designated in such license ef the game, machine. or device specified therein and for which such license is issued, and games. machines or devices of the same general type and class may be changed in such locations from time to time, and no license hereunder shall be transferred to any other licensee or to any other location than the one for which it is originally issued. Section 5. Every person requiring any license under the provisions of this ordi~ance shall file with the City Clerk an application for a license which shall state the name and address of the applicant. and for the owner. licensee and lessee of any such game, machine or device and the location where any suoh machine or device is to be used. kept or operated and shall describe the machines or devices for which a license is desired at the location speci- fied in such application. Upon the filing of such application and the payment of the license tax required by this ordinance the City Clerk shall issue to the applicant a license or licenses which shall specify the name of the person to whom such license is issued and the description of the game. machine or device for the operation, maintenance or use of which such I icense is issued, the name of the owner thereof. the location where the same will be used, maintained, or operated. the name of the owner or operator of the bus iness conducted at sei d location. and the date of issue and expiration of such license, and such license shall be attached to the game. maohine, or device for the use, operation, main- tenanoe of which such license is issued. Any license issued under this ordin- ance may be revoked by the Board of Commissioners at any time on proof satis- factory to Whem that the owner, licensee, lessee or operator of any such game. machine or device, or the owner or operator of the place of business where the same is located, has violated or per.mitted the violation of any of the pro~ion8 of this ordi nance. Section 6. It shall be unlawful for any licensee or for any person operat- ing. maintaining, or keeping any such game. machine or device or operating or maintaining either as owner. agent or employee the place of business where any such game. machine or device is kept, maintained or operated. to use any suoh game, machine or device as a gambling device or to per.mit the same to be used by other persons as a gambling devioe or for gambling purposes. or to per.mit any such game. machine or device to be used or operated by any person under the age of eighteen years.' Section 7. Wherever in this ordinance the ter.m "person" is used. it shall be deemed to refer to any corporation, co-partnership or member thereof or any agent. representative, officer or employee of any person. corporation or co-fpartnersh ip. .. . Section 8. That Ordinance No. 5022 shall not be deemed to cover the operation of games oz:- devices mentioned and described in Section 1 of t his ordinanoe. and the lioense tax levied and required by the provisions of this ordinanoe shall be in addition to any license tax required by the provisions of said Ordinanoe No. 5022. Section 9. Any person who shall violate any of the provisions of this ordinance or who shall fail to comply with any of the requirEments or pro- visions thereof shall be deemed guilty of a misdemeanor and for each offense shall be punished by a fine of not less than $10.00 nor more than '100.00 or by ~prisonment for not less than three. or more than thirty days, or by both suoh fine and imprisonment. and each day upon whioh any violation shall oontinue shall be deemed a separate offense. Section 10. This ordinanoe shall take effect and be in force from and after its publication in the official city paper. Introduced, January 4, 1943 . Passed, January 11, 1943 Ed Morgenstern Mayor Attest: Chas. E. Banker City Clerk . . . . Ch. 14, .ht. 5 LICENSES.-Public Vehicles; General. 13:; ARTICLE 5.-Public Vehicles; Licenses in General. (See Article 6.-Taxi Cabs.) 14.501. License required. It shall be unlawful for any person, firm or corporation to run, use or drive, upon the public streets and thoroughfares of the City of Salina, any carriage, hack, cab, coach, automobile, transfer wagon, express wagon, dray, or wagon or vehicle of any kind or description used for the carrying, conveying or transportation of persons, passengers, baggage, goods, wares or merchandise within said City for pay, without first having and procuring a license therefor, as in this ordinance pro- vided; and it shall be unlawful for any person, firm or corporation to drive or use any omnibus or other vehicle in the transportation of passengers to and from any hotel and railroad depot and station, or run the same over any established line or route of travel in the City, whether such omnibus or other vehicle be propelled by horse or other locomotive power and whether pay is charged or not for riding in the same, without first having a permit therefor, as herein provided; Provided, the provisions of this ordinance shall not apply to vehicles kept and used solely in the prosecution of the ordinary livery busi- ness, 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 said City. (~1, Ord. 1552,4-18-1910). 14-502. Driver's license. (See 14-613). 14-503. Clerk to issue license. The license pro- vided for in this ordinance shall be issued by the City Clerk, and shall be signed by the Mayor and Clerk and countersigned by the City Treasurer, with the corporate seal of the City prefixed thereto, and Ehall 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 character of the business in which it is to engage; but no license shall be issued until the person apply- ing therefor shall produce to and file with the Clerk the receipt of the City Treasurer showing the pay- ment of the amount required by this ordinance to be paid for any such license. (~3, Ord. 1552, Amd. by S2, Ord. No. 1616, 7-17-1911). 14-504. Rate!;l charged for licenses. The amounts to be paid for a license under Ordinance Number 1552, passed and approved April 18th, 1910, shall be as follows, to-wit: (a) For any automobile, hack or motor propelled vehicle, with a seating capacity of more than five persons, used for the transporta- tion of passengers for hire within the City of Salina, $30,00 per annum, or major portion thereof, for each such vehicle, provided that any per!On licemling more than two such vehicles, owned by him, under this sub-section, shall pay at the rate of $25.00 per annum for each such vehicle over and above two such vehicles. (b) For any automobile, hack or motor propelled vehicle, with a seating capacity of five persons or less, used for the transportation of passengers for hire in the City of Salina, Kansas, $25.00 per annum or major portion thereof; provided that any such person licensing more than two such vehicles, owned by him, under this sub-section shall pay at the rate of $20.00 per annum for each such vehicle over and above two such vehicles. (c) For any cab, hack, carriage or vehicle drawn by horse or horses, used for the transportation of passeng'ers for hire within the City of Salina, $15.00 per annum, or major portion thereof; provided, that any person licensing more than two such vehicles under this sub-section, owned by him, shall pay at the rate of $10.00 per annum for each such vehicle over and above two such vehicles. (d) For any motor propelled vehicle used in the City of Salina in the business of transporting for hire therein any goods, wares, merchandise, baggage, parcels, furniture or other thing or property of any kind or nature whatsoever, $15.00 pel' annum, or major or portion thereof, for each such vehicle, pro- vided that any person licensing more than two such vehicles under this sub-section owned and operated by him shall pay at the rate of $10.00 pel' annum for each such vehicle over and above two such vehicles. (e) For any dray wagon, transfer wagon or other vehicle drawn by horse or horses used in the City of Salina in the business of transporting therein for hire any goods, wares, merchandise, baggage, parcels or other thing or property of any kind or nature whatsoever, $7.50 per annum, or major portion thereof, for each such vehicle; provided that any person licensing more than two such vehicles under this sub-section, owned and operated by him, shall pay at the rate of $5.00 per annum for each such vehicle over and above two such vehicles. (S4, Ord. 1552, Amd. by ~1, Ord. 1665, Amd. by ~1, Ord. 1911, Amd. by ~1, Ord. 2499, 5-15-1922). 14-505. Term of license. No license shall be is- sued under this ordinance for a less sum than the respective annual rates specified in Section Four hereof, and every such license, when issued, shall be good for one year, or the major portion thereof, ex- piring for any such year, or portion thereof, on the last day of June or the last day of December next 136 LICENSER-Public Vehicles; General. Ch. 14, Ad. 5 after the ~ate of the issuance of, ~ny such license. ,I which Ilhall be fa~tened securely in some conspicuous All such lIcenses shall be non-assIgnable, but the place on the outsIde of the front or right side of the same may be revoked by the Mayor and Council I vehicle for which such license charge was paid. (~1, upon the conviction of the licensees of having vio- Ord. 3088, 3-2-25). lated any of the provisions of this ordinance. No license shall be granted to any person under eighteen years of age. (~4, Ord. 1552, Amd. by ~3, Ord. 1616, 7-7-1911). 14-506. Articles left in vehicle. Whenever any package or article of baggage, or goods or merchan- dise of any kind shall be left by the owner in or on any licensed vehicle, or when such package or article shall be left in the custody of the driver or chauffeur of any such vehicle, such driver or chauffeur shall, upon the discovery of such package or article, forth- with deliver the same at police headquarters, unless such package or article shall be sooner delivered to the owner thereof. (~1l, Ord. 1552, 4-18-1910). 14-507. Misinforming persons. No owner, driver or chauffeur of any licensed vehicle shall induce any person to employ him by either knowingly, wantonly or carelessly misinforming or misleading such per- son, either as to his identy or as to the time of the arrival or departure of any railroad train, or the location of any railroad depot, office, station, hotel, public place or private residence within said city; and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction fined in any sum not exceeding ten dollars. (~13, Ord. 1552, 4-18-1910). 14-508. Penalty; violation of Sees. 14-501 to 14- 507. 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; and any person who shall drive, propel or run any of the vehicles named in this ordinance used for the carriage of passengers or goods or merchandise for pay without first procuring a license therefor, as in this ordinance provided, or who shall violate any of the provisions of this ordinance for which a penalty is not hereinbefore prescribed, shall be deemed guilty of a misdemeanor and upon conviction thereof fined in any sum not exceeding one hundred dollars for each offense. (~17, Ord. 1552,4-18-1910). 14-510. License plate displayed. It shall be un- lawful for any person, firm or corporation to own or to operate on the streets 01' Salina any vehicle for which a license charge is required by the ordi- nances of the City of Salina without displaying thereon in the manner provided in Section 1 of this ordinance the metal license plate mentioned in such section. (S2, Ord. 3088, 3-2-25). 14-511. Changing license plate from one vehicle to another; license revoked. It shall be unlawful for any person, firm or corporation to display on any vehicle any license plate issued by the City Clerk upon the payment of the license charge for any other vehicle. If any such license plate issued for one vehicle 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 there- after during the same year be issued for such vehi- cle, and it shall be unlawful to drive or operate any such vehicle on the streets of Salina, Kansas, for hire after any such license is revoked and before a new license is issued therefor. (~3, Ord. 3088, 3-2-25) . 14-512. Violation of Sections 14-509 to 14-511; penalty. In addition to any other penalty herein provided any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined in any sum not less than $10.00 nor more than $50.00 for each offense. (~4, Ord. 3088, 3-2-25). 14-513. Use of streets for transportation pur- poses; regulations. It shall be unlawful for any person, co-partnership or member thereof, or COl'pO- ration, either as principal, agent, employee or other- wise, to use the streets of the City of Salina for the transportation of passengers in busses or other similar vehicles or to engage in the business of transporting passengers in such a manner, where such passengers are transported from one place to 14-509. Metal license plates to be furnished. That another within the City of Salina or where the major whenever under any ordinance of the City of Salina, portion of the route or routes of any such bus line Kansas, a license charge is required to be paid by or lines lies within the City of Salina and where the person owning or operating any vehicle for hire, such bus line or lines are operated along a regular including taxi-cabs, busses, drays, transfer wagons, route or routes or in such manner as not to come trucks and other similar vehicles, the City Clerk shall I within the definition of taxicabs as defined by ordi- upon payment of any such license charge furnish I nances of said city relating to taxicabs, unless such to the person paying the same a metal license plate, I person, co-partnership, or corporation shall have a I . Ch. 14, Art. 5 LICENSES.-Public Vehicles; General. 137 franchise granted by the governing body of the City of Salina to use the str~ets of the City of Salina for such purpose. (~1, Ord. 4505, 1-29-35). 14-514. Same; violation; penalty. Any person, co-partnership or member thereof, or corporation, who shall, either as principal, agent, employee or otherwise, violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and for each offense shall be punished by a fine of $50.00 and each day upon which any such violation shall occur or shall continue shall be deemed to be a separate offense, and the operation of each separate vehicle by any person, co-partnership or corporation either as principal, agent, employee or otherwise in violation of the provisions of this ordinance shall be deemed to be a separate offense. (~2, Ord. 4505, 1-29-35). 14-515. Same; injunction. In addition to the en- forcement of this ordinance by the arrest of any person, co-partnership or corporation either as prin- cipal, agent, employee or otherwise, it shall be the duty of the proper officials of the City of Salina to cause any violation or continued violation of the provisions of this ordinance to be restrained or en- joined by appropriate proceedings in any court of competent jurisdiction. (~3, Ord. 4505, 1-29-35). . . . Ch. 14, Art. 6 LICENSE8.-Taxi-cabs; Ordinance. ARTICLE 6.-Taxi-c;abs. (Published in the Book of Revised Ordinances, 1939) ORDINANCE NO. 4952 An Ordinance relating to and regulating taxi-cabs and the conveyance of passengers lor hire in the City of Salina; fixing fares and rates therefor: pro- vidmg for the licensmg of taxi-cabs and the drivers thereof and the use of taxi-meters; establishing the rules and regulations for the operation thereof; making provisions for the carrying of liability in- surance: providing penalties for the violation of this ordinance and repealing ordinances numbers 2948 passed March 3, 1924: 3306 passed November 1, 1926; 4625 passed March 23, 1936; 4633 passed April 20, 1936, and 4787 passed October 11, 1937, and all other ordinances or parts of ordinances in conflict herewith. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: . 14-601. Section 1. Definitions. Whenever used in this ordinance the following terms shall be re- spectively defined as follows: (a) The word "street" shall mean and include every public street, alley, avenue, road, highway, thoroughfare or public place in the City of Salina. (b) The word "taxi-cab" as used herein shall include every and all motor vehicles carrying passengers for hire for which a charge is made and for which public patronage is solicited, provided however, that motor busses operating under a franchise from the city or operating under authority and jurisdiction of the State Corporation Commission shall not be termed taxi-cabs within the meaning hereof. (c) "Person" and/or "Per- sons" shall mean and include any person, firm, asso- ciation, co-partnership or corporation. (d) Taxi- meter: A mechanical device affixed to taxi-cabs and designated 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. ( e) Use of any word in the singular shall include plural, and use of plural shall include singular. 14-602. Section 2. License Required: No person, either acting as owner, principal, agent, employee, lessee, or licensee shall operate or permit to be operated upon the streets of the City of Salina any taxi-cab without first having procured a license therefor as hereinafter provided. 14-603. Section 3. Application: Title Certificate: Any person desiring to secure a license for the operation of a taxi-cab within the City of Salina shall file with the City Clerk a written application containing the following information: (a) the full name and address of the owner and operator, (b) . make,. mo.tor and type of vehicle,. (c) seating capa- eity (induding driver); (d) motor and serial number and state. license number of vehicle, .(e) principal place of business, office address and name, and night and day telephone numbers, of the manager in charge of operation of such taxi-cab, 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, (f) name 01 insurance carrier carrying the liability insurance on such taxi-cabs as required in this ordinance and the number and date of issuance and date of ex- piration of such policy, and such other information, statements and agreements as may be required, on a printed form furnished by the City Clerk for such purpose. The application shall be accompanied by the title certificate issued by the State of Kansas showing ownership of such vehicle, which certificate shall be left with the City Clerk while any license issued on such application is in effect. 14-604. Section 4. Conditions of License: Trans- fer: Any license for the operation for a taxi-cab shall apply to and cover only the specific vehicle described in the application therefor until on appli- cation duly made by the same owner and operator the right to transfer such license to another vehicle is granted by the Board of Commissioners. Every application 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. No license issued for the operation of any taxi-cab shall be assigned()-r transferred to any other person as owner or operator except upon application for such transfer made to and granted by the Board of Com- missioners, and it shall be unlawful for any person to use, drive or operate either as owner,_{)perator or driver, any taxi-cab within the City of Salina which shall not have been duly licensed, or which is not being operated by the owner and/or operator to whom the license for such vehicle was issued or on which any license has been cancelled, or which has ceased to be operated by the owner or operator named in the license or in the duly approved trans- fer thereof. 14-605. Section 5. License Approved by Board of Commissioners: The applicant for any such li- cense 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 ordinance and 189 140 LICENSES.-Taxi-cabs; Ordinance. eh. 14, Art. 6 the City Clerk shall .thereupon .after inspection and approval of such vehicle by the license. inspector as provided for in this ordinance, present such ap- plication to the Board of Commissioners at the next regular meeting of such Board. The Board of Com- missioners shall if they consider that the public convenience and necessity require the licensing of such taxi-cab, in addition to any other taxi-cabs 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 wili operate the taxi-cab for which a license is desired properly and for the best interests of the public and that they will conform to and obey the ordinances of the city relative to the operation of taxi-cabs and all other ordinances of said city, grant a license to such applicant covering the taxi-cab described in his application and direct the City Clerk to issue such license; Provided, however, that the Board of Com- missioners shall not approve or have in effect at anyone time licenses for taxi-cabs in a number in excess of the number which the Board of Commis- sioners may deem necessary for the best interests and convenience of the inhabitants of the City of Salina or the general public, or in such number that the owners and operators of the licensed taxi-cabs and their employees might in the opinion of the Board of Commissioners be apt to engage in prac- tices which would be detrimental to the best inter- ests 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 taxi-cabs licensed to operate in the City of Salina beyond the number necessary for the best interests and con- venience of the inhabitants of said city and the gen- eral public, or if for any other reason they deem that the granting of such license would be detri- mental to the public interest. 14-606. Section 6. Insurance Required. It shall be unlawful to operate a taxi-cab for hire or to permit the same to be operated in the City of Salina and no license for the operation thereof shall be granted by the Board of Commissioners of said city until the applicant for a license shall deposit with the City Clerk a policy of liability insurance issued to and covering such applicant and the taxi-cab de- scribed in his application, in such form as shall be acceptable to and approved by the Board of Com- missioners, and issued by an insurance company or association approved by said Board and in such amount as said Board may deem sufficient to ade- quately protect the interests 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 prop- erty resulting ~rom th~ l!~gligen.t .operation of such taxi-cab, and shall make such additional arrange- ments for the protection of the public supplementing such insurance policy as the Board of CommissionerH shall require and approve. Any such insurance policy shall have incorporated therein, or attached thereto by endorsement thereon, recitals to the ef- fect that the policy is issued in accordance with and under the requirements of the ordinances of the City of Salina pertaining thereto and that it is issued for the benefit of and for the purpose of protecting the public, including passengers there- in, against injuries or damages resulting from the negligent operation of said taxi-cab and that it shall remain effective until cancelled as herein pro- vided for, irrespective of any statements, declara- tions, misrepresentatives, acts or omissions of the assured or of any agent, servant, employee or repre- sentative 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 any such vehicle, and shall provide that no can- cellation of the policy or any endorsement thereon shall be effective until the expiration of ten days after notice of such cancellation shall have been delivered to the City Clerk, and such other recitals as may be approved by and required by the Board of Commissioners, and any policy or certificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be used as a taxi-cab in the City of Salina shall be deemed to include the provisions of this ordinance whether such provisions are specifically recited therein or not. 14-607. Section 7. Inspection of Taxi-cabs; Main- tenance; Suspension by Inspector: When an applica- tion for a taxi-cab 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 License Inspector (and until otherwise provided by ordinance the City Building Inspector shall be ex- officio License Inspector) and it shall be the duty of such inspector to examine such vehicle as to its physical and mechanical condition, including its brakes, lights, and other equipment and its regis- tering meter, if any, and to certify to the Board of Commissioners his approval or rejection of such taxi-cab, and no application for license shall be ap- . Ch. 14, Art. 6 LICENSE8.-Taxi-cabs; Ordinance. . proveli by the Board of Commissioners and no li. cense shall be i~ued by the City Clerk until the condition of such vehicle has been approved and certified by the license in:;lpectol'. The decision of the license inspector with referenc~ to such condi- tion shall be final and conclusive, except that the Board of Commissioners may if they deem it propel' and necessary, direct the issuing of license for any taxi-cab which may be rejected by the inspector and the Board may also at any time inquire with reference to the condition of any taxi-cabs and may at any time revoke the license of such taxi-cab iJ: in the opinion of such Board its physical and me- chanical condition renders it unfit for use as a taxi- cab. In addition to the in3pection required fOl' the issuing a licen:;e, it shall be the duty of the license inspector to make an examination of each taxi-cab at least once each three months from the date 01 the original inspection, or oftener if necessary, as to its physical and mechanical condition and the license inspector is hereby empowered to suspend the license of such taxi-cab until the owner or oper- ator of such taxi-cab shall have repaired the same or restored such taxi-cab to such physical and mechanical condition as shall meet the approval of the license inspector, and it shall be the duty of the license inspector upon the suspension of any such taxi-cab license by him to report such suspen- sion to the office of the City Clerk and to the Chief of Police and no owner, operator, or driver of any taxi-cab, the license for which has been so suspended by the license inspector, shall allow or permit such taxi-cab be used until the same shall be re-inspected and approved by the license inspector. 14-608. Section 8. Fees for Inspection. Before exammmg and certifying the condition of any taxi- cab the applicant for a license or any licensee whose vehicle is to be inspected shall pay the license in- spector an inspection fee of $1.00 for each vehicle inspected by him 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 of a vehicle already licensed, such license shall be re- voked upon the failure of the licensee to pay such fee. 14-609. Section 9. Clerk to Issue License; Signa- tures; Register. After the application for any taxi- cab license has been filed with the City Clerk and the condition of the vehicle described therein pro- vided by the license inspector and the insurance covering such vehicle approved by the Board of Commissioners and after the license fee provided . fOl' he.1'ein 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 i<,>r the ownership of such taxi-cab which shall con- tain the name of the licensee including both owner and operator and a description of the vehicle licensed and before any such license is delivered to the li- censee it shall be endorsed thereon in the presence 01 the City Clerk the signature of owner and oper- ator named in such license. The City Clerk shall keep a register of all such licenses issued by him :;hawing 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 01 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. 14-610. Section 10. License Fees; Revocation; Age of Licensee: The amounts to be paid for a license under the provisions of this ordinance shaH be as follows: For each vehicle with a seating capacity of more than five persons $30.00 per annum or major portion thereof and for each vehicle with a seating capacity of five persons or less, $25.00 per annum or major portion thereof. Every license so issued shall expire on the 31st day of December of the year in which such license was issued. Ii any such license is issued on or after July first of any year the license fee for the remaining portion of such year shall be one-half of the annual rate hereinabove fixed. No license so issued shaH be as- signable except as provided for in this ordinance and the same may be revoked by the Board of Com- missioners upon the conviction of the licensee of having violated any of the provisions of this ordi- nance and said Board may also revoke such license for any cause which the Board may deem constitutes reasonable grounds for such revocation, and also and in such manner and for such causes as are other- wise in this ordinance provided for. No such license shall be granted to any person under twenty-one years of age. 14-611. Section 11. Maintenance of Taxi-cabs: It shall be unlawful for any person either as owner, operator or driver to drive, operate or use on the streets of Salina any taxi-cab which is not in good sound, safe and fit condition mechanically and other- wise, including brakes, lights and other equipment, or which is in any manner defective, unsafe or unfit for use. 141 142 LICENSES..,-Taxi-cabs; Ordinance. Ch. 14, Art. 6 14-612. Section 12. License; Posting; Inspection; Identification. The license issued by the City Clerk for the operation of any taxi-cab and also the drivers license issloled by the City to the driver thereof, or identification cards issued by the City Clerk as provided for in this ordinance, shall at all times, while the taxi.cab is being used or main- tained or offered for use for hire to the public, be kept in a conspicuous place in the taxi-cab itself, and shall be subject to inspection at any time by any officer of the City of Salina. The owner and driver thereof shall also upon demand furnish to the officer inspecting the taxi-cab his signature made in the presence of such officer for the purpose of identification. 14-613. Section 13. Drivers License; Application. It shall be unlawful for any person to act as a driver of a taxi-cab or livery car without having first se- cured a license to be issued by the City Clerk of the City of Salina, as herein provided. Sluch license shall be applied for in writing on such forms as the City Clerk may prescribe, and such application shall include: (a) The name, age, sex, weight, height, color of eyes, and hair of applicant, his residence address and length of residence in the City of Salina. (b) Whether or not the applicant has heretofore been licensed as a chauffeur or taxi-cab 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. (c) The number of times and places arrested, and/ or convicted for traffic violations. (d) The experience the applicant has had in driv- ing motor vehicles. (e) The name of the person by whom the appli- cant is employed and name and address of employer during the preceding two years and kind of employ- ment. (f) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving parti- culars of each such conviction. (g) Each applicant shall furnish four recent photographs of himself, not less than 2%" by 3" and not more than 2%" by 31,4", and submit to finger prints by the Police Department. One of said photographs shall be attached to the copy of the application filed in the Police Department, one shall be attached to the application filed with the City Clerk, one shall be attached to the license issued to such driver and one to the identification card hereinafter provided for, which shall be conspicu- ously displayed in' any taxi-cab being driven by such person. (h) A statement that the applicant is in good health. (i) The applicant must name three (3) reputable pel'sons who have known him for one year or more immediately prior to such application. Such persons g'iven as reference must be residents of the City or Salina, Kansas. 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 recommenda- tion on both copies, one of which shall be returned by him to the City Clerk and one retained in the files of the Police Department, together with the finger prints of the applicant. Each application shall be accompanied by the pay- ment of an examination and license fee of One Dol- lar ($1.00) and in the event the applicant is refused a license, such fee shall be retained by the City of Salina. 14-614. Section 14. Same; Investigation of Ap- plicant by Police; Moral and Physical Requirements. Every applicant must be at least twenty-one (21) years of age and have resided in the City of Salina for at least one year next preceding the filing of such application. Before a license is issued the Chief of Police shall cause an investigation to be made of the facts set forth in the application and of the record of such applicant in the Police Court of Salina and the District Court of Saline County, Kansas, and any other Courts in which he may have reason to believe the applicant has a record, and shall report to the Board of Commissioners all in- formation secured from such information relative to the applicant's record in any court, and shall not approve the issuance of a license to any person who has been convicted of the violation of any of the c:ciminal laws of the State of Kansas or has been convicted of a felony in any other state or has been convicted of violating any of the ordinances of the City of Salina involving moral turpitude. Provided, however, that the Chief of Police may in any case where more than three years has elapsed since any such person has been convicted of any offense herein described, and where he believes the general repu- tation and integrity and responsibility of the appli- cant during such time is such that such applicant would at the time of the application be a fit person for such occupation, he may recommend to the Board of Commissioners of the City of Salina, that a license be granted. The Chief of Police shall also . Ch. 14, Art. G LICENSES.-Taxi.cabs; Ordinance. . ca~e such applicant for a driver's license to b& examined as to hi. lu1owle<ige of the provisions of the ordinances of the City of Salina relating to traffic, as well as geography of the city, and if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each applicant must, if required by the police department, demonstrate his skill and ability to safely handle an automobile by driving it through a crowded sec- tion of the city, accompanied by a member of the police department. If the applicant is found to be a fit and proper person to operate and drive a taxi- cab, by the Chief of Police, he may recommend to the Board of Commissioners of the City of Salina that a license be granted. The Board shall then con- sider the application and the report and recommen_ dation of the Chief of Police and any other informa- tion which may come to the Board concerning the applicant, and if the Board is satisfied that the gen- eral reputation for integrity and responsibility of the applicant is such as to render such applicant fit for such occupation it may approve the application and direct the City Clerk to issue such applicant a license. No license shall be issued to any persons who from general physical appearance or for any other reason is not in the opinion of the Board of Commissioners morally and physically fit to drive or operate a taxi-cab or livery ear in the City of Salina, or to any person whose general reputation for integrity and responsibility, or whose previous record as a law violator or otherwise is such as to render the applicant unfit for such occupation in the opinion of the Board. 14-615. Section 15. Same; Expiration; Renewal. All drivers licenses shall expire on the 31st 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 One Dollar ($1.00), if such re- newal application is filed on or before December 20th of the year in which an existing license expires, and in such event, no new license application shall be required. However, before any renewal license is issued, the applicant must secure the approval of the Chief of Police in the same manner and upon the requirements as are provided for in Section 14- (14-614) hereof, and new photographs shall be fur- nished, if in the opinion of the Chief of Police, they are necessary for proper identification. No refund shall be made for any reason whatsoever, and no license shall be prorated. 14-616. Section 16. Drivers Identificatil)n Card. At the time the drivers license is issued a drivers . license idel1tiiicatiQ!1 card shall also be i$sued. Said card shall be of a form prescribed by the City Clerk, and shall contain the picture of the driver affixed in such a manner that another picture cannot be substituted therefor without detection. The drivers license number, card number, and the expiration date of said license shall also be shown thereon. Said card shall have space on the reverse side for enter- ing violations aM fines. 14-617. Section 17. Display of Identification Card. The drivers license identification card shall be con- spicuously displayed in such a manner that the en- tire card is visible from the rear seat of the auto- mobile which the driver is operating, and the only driver's license identification card displayed shall be the one belonging to the driver who is on duty at that time. Said card shall be enclosed in a frame, with glass or other transparent front, so that the same shall bl;! cll;!a,rly discernable to and can be read by thl;! passengl;!r in the rear seat. No drivers li- cenS{:l shall be transferable. No driver shall operate a taxi-cab and livery car unless he shall have his identifi<;ation card so displayed. The driver shall be responsible for keeping said card in a good con- dition and it shall be unlawful to have a torn or illegibl~ card. 14-618. Section 18. Identification Card; Duplicate. In case of a loss of a license identification card the owner may file with the City Clerk a sworn state- ment of the facts concerning such loss, and if the City Clerk is satisfied that the facts justify the issuance of a replacement card, he shall on the pay- ment of a fee of fifty cents (50c) issue a duplicate card. Such duplicate card shall be plainly marked "duplicate" and the number of the original card shall be furnished to the Police Department, as well as the number of the duplicate card. 14-619. Section 19. Revocation; Suspension of Drivers License. A drivers license shall be revoked by the Chief of Police for any of the following reasons: (a) Upon conviction of violation of any Federal or State Law._ (b) For operating any vehicle while drunk. (c) For leaving the scene of an accident. (d) For failure to make full report of an accident to the Police Department. (e) For permitting any other person to use his license. (f) For obliterating or erasing any official entry on his license identification card. (g) Upon conviction of a third major traffic vio- lation during anyone license year (A major traffic violation is hereby defined to be: (1) speeding, (2) reckless driving, (3) non-observance of lights 143 144 LICENSES,-,-'I'axi-cahs;. Ordinance. eh. 14, Art. 6 or.signs;. (4)",driving. while . drunk, ,(S)','improp.er brakes, (6) making a left. or U .turn wh~re not -per- mitted, (7) driving on the wrong side of the stre~t). A' drivers license may be suspended by the Chief of Police for a period of not to exceed ninety (9G) days for any of the following reasons: (a) First and second offenses of any major traffic violation. (b) Repeated infractions of minor traffic laws or rules. Whenever a drivers license is revoked or sus- pended, t}le Chief of Police ,shall take up the drivers license and license identification card and forward same to the City Clerk together with a iull report of the reasons for such revocation or suspension. No person whose license has been revoked shall be eligible to receive a new license until one year from the date of such revocation. In case of the revocation or suspension of the license the driver shall have the right to appeal to the Board of Commissioners of the City of Salina, by notifying the City Clerk of his intention to ap- peal within three days, and thereafter presenting the matter at the next regular meeting of the Board of Commissioners, 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 such Board. Upon the hearing of any appeal from an order of suspension, or on consider- ation of any report of suspension made by the Chief of Police, the Board may revoke any such license. 14-620. Section 20. Specifications for Taxi-cabs. No taxi-cab shall be licensed unless it shall have the following equipment and comply with the fol- lowing specifications and requirements: (a) Posting Cards: Every taxi-cab 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 ordinance and the laws of the State of Kansas. Such card shall be so placed that they can be plainly seen by the passengers rid- ing in such taxi-cab. 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 within certain locations, bounded by streets, as is hereinafter provided for, 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 ~\; a.distanceof,thl'ee, (3) feet. : (b)K,~obs,or,Handle of .Dov1's-::' Every, taxi-cab, ::;tiall.' IlBve 'a' knob or ~lan<i~e up.on the inside of all doors. .thereof by which said '.doors may be easily' .opened from the inside. (c) Name and Number on Outside of Cab: Every taxi-cab that is authorized and licensed to operate in the City o.f Salina shall. be assigned a number by the City Clerk ,of said .city, and it. shall be unlawful to operate a taxi-cab within the City of' Salina un- less said number is printed on a door on each side, on the windshield, and on the rear of the said taxi- cab, in plainly visible numerals at least three (3) inches in height. Each taxi-cab shall have painted thereon on each side the name or names of the per- son" or company owning and operating the same; the letters constituting said names shall be block letters ,and at least two (2) inches in height. 14-621. Section 21. Appointment of l\'lanager: 'l'wo or more owners. or operators of taxi-cabs asso- ciated together in any partnership, association, or joint enterprise or doing business under a joint or common name or from the same office or headquar- ters and every corporation owning and/or operating taxi-cabs within the City of Salina shall within fif- teen days from the effective date of this ordinance e;ect 01' appoint some. one individual as manager of such partnership, association, joint enterprise or cor- poration who shall be responsible for the operation oi all taxi-cabs and automobiles for hire of such partnership, association, joint enterprise or corpora- tion in said city. The name of such manager of each partnership, association, joint enterprise or corporation operating taxi-cabs or automobiles for hire upon the streets of the City of Salina shall be immediately reported to the City Clerk and to the Chief of Police. No such partnership, association, joint enterprise or corporation shall hereafter oper- ate, or be licensed to operate any taxi-cab or auto- mobile for hire upon the streets of the City of Salina without first having placed on file with the City Clerk and the Chief of Police the name of such manager. 14-622. Section 22. Taxi-cab Stands: That no taxi-cab licensed to operate in the City of Salina shall be permitted to stand when unemployed at any place on the public streets of said city except at such places as may be designated for such purpose from time to time by the Board of Commissioners of said city and allotted by the Board of Commissioners to the owner or operators of any such licensed taxi- cabs, such space to be so allotted only in suc.h loca- tion as the Board of Commissioners may deem to be for the public interest and convenience; Provided, ~"'-'-"'-'-"'-'-'-~-'--'-'---'~-'--~----'~'~-"-'~~- _..-,' -- . Ch. 14, Art. G LICENSES.-Taxi-cabs;. (h.diziimce. that space for not to exceed one taxi-cab may be 1 allotted in front of or adjacent to the main entrance of each hotel in the city, and in front of each grol,lnd floor place of business actually used and maintained by any owner or operator as a taxi-cab office. No such space shall be allotted to the owner or oper- ator of any taxi-cabs by the Board of Commissioners in that portion of any street in front of or adjacent to any private property unless the. owner and the ground' floor lessee of such private property shall join the owner or operator of such taxi-cabs in an application for the allotment of such space; pro- vided that the joining of such owner and lessee of the property with the owner or operator of any such taxi-cabs shall not in itself require the granting of such application, and provided further that no space for any taxi-cab stand shall be designated or lo- cated on Santa Fe Avenue between Elm Street and Mulberry Street or on Iron Avenue between Fourth Street and Eighth Street, and any space allotted in any street may be by the Board of Commissioners vacated and restored to the use of the general public at any time, on notice to the owner or operator of any such taxi-cab. . 14-623. Section 23. Same. Marking of Stands: Taxi-cab stands so authorized or designated may be marked by the owner or operator of the taxi-cabs entitled to use such space, at the expense of such owner or operator, and in a manner to be approved by the Chief of Police, and when so marked shall be reserved to the use of the person, firm or cor- poration entitled thereto, and no other person, firm or corporation shall make use thereof. 14-624. Section 24. Same. Two or more owners or operators of taxi-cabs associated together in any partnership or joint enterprise or doing business under a joint or common name or from the same offices or headquarters shall for the purposes of this ordinance be deemed and considered to be a single firm or owner. 14-625. Section 25. Cruising Prohibited: No owner, operator or driver of any taxi-cab shall solicit passengers on or adjacent to the streets of the City of Salina or cruise on or over the streets of said city for the purpose of looking for or solicit- ing passengers or pick up any passenger on or adja- cent to the streets of said city except in response to a call from such passenger to the place of busi- ness or the station of such taxi-cab, unless such pas- senger shall hail such taxi-cab and specifically re- quest its services without solicitation from the driver thereof. . 14.626... Section 26, Stands;. .Pal'king,'9ther.thaR authori'zed, pl'ohibited: . No owner, operator 01': driver of any taxi-cab shall stand or park such taxi-cab at any place on any street in the City of. Salina for the purpose of soliciting 01' taking on any passen- gers except at a regular station or stand provided for such purpose in the manner authorized by ordi- nance. 14-627. Section 27. Maintaining telephones on public streets, prohibited: No owner, operator or driver of any taxi-cab shall maintain at any place within the limits of any public street in the City of Salina any telephone for the purpose of placing or receiving taxi-cab calls. .L1 ~Fl... &..&....#~D. 9- ~r -/4bYj 14-628J ~ec~ion 2'8.;Taxi-cab Rates: That tt..{ , minimum rates of fare for the transportation of passengers in any taxi-cab licensed by the City of Salina shall be as follows: Zone One shall consist of the City of Salina except that part lying east of Delaware Street and north of Euclid Avenue and the fare from any point in Zone One, to any other point in Zone One shall be 10 cents for each passenger, except that from the Union Station to any point in Zone One the rate of fare shall be 15c for each passenger. Zone Two shall consist of that part of the City of Salina lying east of Delaware Street and west of Marymount Road and the rate of fare from or to any point in Zone Two, to or from any other point in the city, shall be 15c for one passenger and 5c for each additional passenger. Zone Three shall consist of that part of the City of Salina lying east of Marymount Road and the rate of fare from or to any point in Zone Three, to or from any other point in the city, shall be 20c for one passenger and 5c for each additional pas- senger. Zone Four shall consist of that part of the City of Salina lying north of Euclid Avenue and the rate of fare from or to a point in Zone Four, to or from any other point in the city, shall be 15c for one passenger and 5c for each additional passenger. Zone Five shall consist of all territory lying east of Ohio Street and north of the Smoky Hill River, and extending to the east and north boundaries of Cloverleaf Addition, and the rate of fare from or to in any point in Zone Five, to or from any point in the City of Salina, shall be 20c for one or two passengers and 10c for each additional passenger. 14-629. Section 29. Extra Passengers: It shall be unlawful for the driver of any taxi-cab to take 14G 1'41 LICENSJ1:S......,.Taxi.cabs; Otdinance. Ch. 14, Art. 6 Qn any .dditio~l pa"sene.r ",hen 1I~ch: taxi-cab is aU-tad)' 04eu.pi~ by one or more pa$sen~ers, with. Qut firat requesting and securing the permission of tht PlJ.$SElJlger Qr pailsengers first occupying t11:e cab, and the pa$sQnger or pa$!lengers first occupying the cab shall be delivered to his or their destination first by the shortest possible direct route, unless the driver shall request and secure his or their peJmis- sion to first deliver the later passenger. 14-630. Section 30. Seating Capacity: It shall be unlawful for the owner,operator or driver of any taxi-cab to carry or to cause, permit or direct to be carried more passen&,ers in any cab at anyone time than the regular seating capacity llrovi4ed for and not more than one passenger shall be carried in the front seat of such cab. 14-631. Section 31. Posting and Filing Schedule; Change of Rates: Within ten days from the time this ordinance takes effect, it shall be the duty of the owner and operator of every taxi-cab operated in the City of Salina to file with the City Clerk a schedule of rates which will be charged for carry- ing passengers in such cab, and to post in every such cab, in a conspicuous place therein and in con. formity with Section 20 (14-620) of this ordinance, and within the vision of any passenger therein a card or sign, printed in letters sufficiently large to be read at any time by any passenger in such cab, setting out the rate of fare, which shall be the same as that filed with the City Clerk; the regulations provided for in Sections 28, 29 and 30 (14-628 to 14-630) of this ordinance, such information to be printed on such card or sign in substantially the following form: Rate of Fare aJlY .-fare.:!lll' luu'r~1l in.any $uch.cab.whil:h.. isdif~ ferentin any way iromthe Hied and posted. -rate of far.e for such. .cAb. ". 14:()32. See'tion 32. llourly -Rates: "'fhe owner", driver; or other person in charge or control of a taxi- cab-- "may, upon request of a passenger, accept em- ployment whereby the fare to be asked may be com- puted" to an agreed amount for the trip or by an hourly re~tal." When a taxi-cab is employed "at an hourly"' rental - the maximum fare to be charged - shall not exceed $3.00 per hour. This rate shall not be effective unless "employment by the hour is arranged for in advance of" the trip, and if rented on a trip basis, the charge for such trip shall be agreed upon in advance, and it shall be unlawful to charge, col- lect or at"tempt to collect any other additional charge. 14-633. Section 33. Taximeters; Approval; Re- eeipts: Whenever. any taxi-cab shall have affixed thereto a taximeter, such taximeter shall be of a size and design approved by the License Inspector of the City of Salina; shall be set to conform to the rates provided for in this ordinance and as posted and filed by the owner of such cab, and shall be in proper mechanical condition and in operation at all times, and shall "at the conclusion of each trip dis- . charge a printed slip showing the dista.nce traveled and the fare, which shall be given to the passenger paying such fare. 14-634. Section 34. Taximeters incorrect: No person shall use or permit to be used upon any taxi- cab 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 pas- senger on which shall be operated from any wheel to which the power is applied, or which has not been duly inspected and approved. 14-635. Section 35. Taximeters or Speedometers, lighted at night. After sundown the face of every taximeter or other registering meter shall be illumi- nated by suitable light so arranged as to throw con- tinuous steady light thereon. No additional passenger can be taken into this cab unless the driver first asks and receives consent of passenger already occupying cab. First passenger in cab must be delivered first by shortest direct route unless driver asks and secures his consent to deliver other passengers first. 14-636. Section 36. Meters kept in working order. Not more than 4 passengers can be carried in this No person shall use or permit to be used or driven cab at one time. for hire a taxi-cab equipped with a taximeter, the No rate of fare for any cab shall be changed until case of which is unsettled and not having its covers the owner or operator ()f the cab shall file in the and gears intact, or a taxi-cab without a taximeter office of the City Clerk and post in such cab a whose registering meter has not been examined and schedule showing such new or changed rate, and it approved and which is not at all times in good work- shUl be unlawful for the owner, ()perator OJ driver. I ing condition, or any taxi-cab, the use ()f which has of any taxi-cab to charge or collect from any person not been duly licensed. . Ch. 14, AI'CG LICENSES.-Taxi-cab!lj Ordinance. " 14.637. . -Section 37., Taximeters; Signals., No dHver of ataxi.ca'b equipped with a taximeter while carrying passengers or under employment shall dis- !Jlay the signal affixed to such taximeter in such position to denote that he is unemployed. While carrying passengers the signal must be in such posi- tion that the taximeter will record the distance trav- eled and the fare. No charge shall be made for the time consumed in response to a call or in re- turning to the place from which such taxi-cab has been called, whether the taxi-cab be equipped with a meter or not,. . 14-638. Section 38. Inspection test and seal meters. It shall be the duty of the License Inspector to ex- amine, inspect and seal, at least every six months, all taximeters or other registering meters used on any taxi-cab in the City of Salina, provided how- ever, that in the event complaint is made to said License Inspector that any taximeter registers im- properly or inaccurately or at any time that he deems it necessary, it shall be the duty of said in- spector to immediately examine said taximeter or other registering meter, and in case it does not properly and accurately measure the distance trav- eled, and register the amount of fare, in the case of a taximeter, to be determined and charged there- for, then in that event, it shall be unlawful for the owner or person in charge of such taxi-cab to permit its use until such taxi-cab is equipped with a taxi- meter or other registering meter, approved by said license inspector. For every meter inspection made by the License Inspector as provided for in this ordi- nance, there shall be paid to said Inspector, a fee of Fifty Cents (50c) by the owner or operator of such taxi-cab, provided however, that in case the inspection is made upon complaint as herein pro- vided and such taximeter or other registering meter is found to be correct, said inspection fee shall bc paid by the person making said complaint and not by the owner or operator of such taxi-cab. 14-639. Section 39. Refusal to pay fare. It shall be unlawful for any person to refuse to pay the legal fare for a taxi-cab, as prescribed in this ordi- nance, after having hired the same, and any person who shall hire any taxi-cab with the intention of defrauding the person from whom the same is hired shall be guilty of a misdemeanor. 14-640. Section 40. Weddings and Funerals. The provisions of this ordinance shall not include any passenger vehicle for hire while being used for service at funerals or weddings. . 14.641. ',Se.ction ,41. ',Taxi-cab for Immoral Pur- poses, 01' Transpor.tationHi.f Liquor;' .It shall' be un- lawful to drive. .op'erate or use:.any ,taxi-cab"ior. the purpose of "prostitutioI101' ,transporting. any,person or persons from any place within the City of Salina to any other place withm or without said city or from any place outside of said city to any place therein for the purpose of prostitution, or to d~'ive,operate or use any taxi-cab for transporting liquor from any place within. the City of Salina to' 'any place within or without said city or from any place without said city to any place therein, or for any other unlawful purpose within the City of Salina. 14~642. Section 42. Same; License suspended or revoked. If it shall be charged that any taxi-cab has been driven, operated or used for any of the purposes mentioned in the preceding section, the license for the operation of such taxi~cab and the taxi-cab driver's license of the drivei' thereof may be immediately suspended or revoked by the Chief of Police, and' after any such suspension or revoca- tion, any such vehicle shall not thereafter be used operated or licensed for use within the City of Salin~ as a taxi-cab or other vehicle for hire without the express permission granted therefor by the Board of Commissioners and if the license has been re- voked, without the issuance of a new license issued under the direction of the Board of Commissioners. When any such license is suspended or revoked the City Clerk shall make a note thereof on his records and shall not thereafter issue a license for any such vehicle, except as provided for herein. 14-643. Section 43. Same; Driver Guilty; Penalty. The driver of any taxi-cab used for any of the pur- poses mentioned in Section 41 (14-641) or any other person using or occupying the same for any such purpose shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) or by imprisonment in the city jail for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment. 14-644. Section 44. Revocation of License. If any driver of any taxi-cab or other vehicle for hire shall be convicted of any such violation of the pro- visions of Section 41 (14-641) of this ordinance the license of such driver shall immediately stand re- v~ked, and it shall be the duty of the City Manager to notify the City Clerk of such revocation. No such person shall thereafter be permitted or licensed to drive a taxi-cab within the City of Salina. "147 148 LlCENSES.-Taxi..c:a.bs; Ordinance. Ch. 14, Art. Ii 14-G4i. ieeUon 46. Terms of Ok_anca; .,ply M .wnu; &pnts, Me. W__eI' in this or~fl the OWM'r Ol" operator of any taxi-cab is re!eyrecl to, 11_ term or tel"lJaS shall appl7 to t.ae agut, officer, muager or membuli of ~ cOl'PQl'atiQ11, firm, part- IUtrllhip, or aliSociation owning or operating any such taxi~c;ab and. any such &Cent, o.fficer, manager or member of any such corpora.tion,. firm, partnership or aasoeiation shall be sul:lject to any and aU of the penalties provided for in this Qrdina.nce for the vio- l&tion of &l)Y Q:( the terms thereof by any such owner 01" opexator. eJ;ceeding One Hundted J;)ollus ($100.00) and. shall stand committed to Ute city jail until such fine and costs of prosecution are paid. 14-647. Section 47. Saving Clause. If any sec- tion or provision or part thereof in this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordi- nance as a whole or of any section, provision or part thereof, not adjudged invalid or unconstitutional. 14-646. Section 46. Violations; Owners and Oper- ators. Except as otherwise specifically provided for herein, any person who shall violate any of the pro- visions of this ordinance, or who shall operate or drive in the City of Salina any taxi-cab without being licensed so to do as provided for by this ordi- nance, or after any such license has been suspended or revoked or who shall fail to comply with any of the requirements of this ordinance, applicable to such (SEAL) person shall upon conviction thereof be punished bYj' Attest: a fine of not less than Ten Dollars ($10.00) and not 14-648. Sectitln 48. Repeal. That Ordinances 2948, 3306, 4625, 4633 and 4787 be and. the same are hereby repealed. 14-649. Section 49. Take Effect. This ordinance shan take effect and be in force from and after its passage and publication in the Book of Revised Ordi- nances of the City of Salina. Introduced, septembel' 11, 1939 Passed, Septemller 18, 1939. Ed Morgenstern Mayor Chas. E. Banker City Clerk P/,~. /. ' 61" -+ I (Published in the Salina Journal January 12. 1942) ORDINANCE NO. 6008 AN ORDINANCE relating to licenses and rates of fare. for taxicabs and amending Section 28 of Ordinanoe No. 4952 and repealing said original seotion. BE IT ORDAINED by the Board of Commissioners of the City of Salina. Kaneasa Seotion 1. that the license fees for the operation of taxicabs as provicled for in Section lOot Ordinance Ho. 4962 may hereafter be paid sew~-annually. One-halt of the lioen.e tee subsoribed by ordinance. paid prior to June 30 of any year. shall entitle the lioenaee to a lio- enle expiring on June 30. and one-halt the lioense tee subsoribed by ordinanoe paid on or after July 1 and before December 31. shall entitle the lioensee to a licenae expiring on December 31. No taxicab shall be operated. ho.......r. until a lioenae tee has been paid and a lioense i8sued as provided for by ordlnanoe. or after ~ lioenae il revoked. Seotion 2. That Section 28 ot Ordinanoe lio. 4952 be and the same is hereby amended to read a. tollOWlla "Seotion 28. that the rate. of fare for the transportation ot pa..engera in any taxioab lioenled by the City of jalina shall be as follon a For one person 15; For two persona from sa.me po~nt of origin to same de.tination 25; For three or more persons from same point of origin to same destination 35; For four persons from same point of oriGin to same destination 45; Any oharge made to taxicab passengers other than at the rate herein fixed shall be deemed a violation of this ordinanoe. Not more than four person. shall be carried in any taxicab at any one time." Section 3. That original Section 28 of Ordinance Bo. 4952 be and the same is hereby repealed. Seotion 4. This ordinance shall take effect and be in foroe from and after its passage and publication in the official oity paper. Introduced. Deoember 29. 1941 Passed. January 5. 1942 Attesta Chas. B. Banker, City Clerk Bd Morgenstern. II '/1- y . (Published in the Salina Journal July 1, 1942) ORDINANCE NO. 5011 AN ORDINANCE emending Section 28 01' Ordinance No. 4952 as amended by Section 2 of Ordinance 5008 relating to and regulating taxicabs and taxicab fares, and repealing said original Section as emended. BE IT ORDAINED by the Board 01' Commissioners 01' the City 01' Salina, KansasJ . Section 1. That Section 28 pt Ordinance No. 4952 as amended by Section 2 of Ordinance No. 5008, be and the same is hereby emended to read 8S follows: .Section 28. That the rates of tare for the transportation of passengers in taxicabs licensed by the City of Salina for trips with- in the City of Salina and where the point of origin or destination of the tri\> is within the City of Salina shall be as follon: (a) For trips wi thin Zone One, which is all the territory wi thin the city limits bounded on the north by Grand Avenue and Forrest Avenue, on the south by Prescott Avenue, on the west by Missouri Paoific Rail- road traoks, and on the east by Ohio Street (and the projections of such streets) l5~ per passenger. (b) For any trip where the point of origin or destination (or both) is in Zone Two, which is all 01' the City of Salina outside of Zone One (and premises immediately adjoining the city limits and within 150 feet of 8aid limits, if on a paved or surfaced road) 25~ ,#or one passenger and 15~ for each additional passenger on and off at the seme point. (c) For any trip to or trom Smoky Hill Air Base or Municipal Airport, (with point of origin or destination within city limits) 15~ to Air Base and 50~ to Municipal Air Port, tor first passenger, and 25~ for each additional passenger. (d) For hire by the hour: '2.00 per hour. (e) For special cab (no passenger other than those accompanying the hirer) 50, within the city limits. (f) Extra charge for luggage or parcels when acoompanied by passenger: Extra charge for luggage over two pieoes of ordinary hand luggage: tor each two extra pieces of hand luggage same charge as for additional passenger. For each extra large parcel (not carried in arms ot passenger) same oharge as for additional passenger. Homore than five passengers shall be carried in one trip at any one time without the consent of all passengers and in no event shall more than two passengers be carried in the front seat with the driver, and no luggage or parcels shall be carried in the front seat with the driver which will obstruct the driver's vision. . r'L{(J;_ 1; . It two or more persons enter a taxicab with different destination points, the passengers shall be delivered to their destinations in the order of their entry into the oab unless 'the passenger entitled to prior delivery consents to prior delivery of other passengers. Every taxicab shall have posted in a conspicuous place within the cab a card showing the rates provided herein and the license number and IlUle of the O\1Iler and driver, prin'tecl or in type sufficiently large to be readable by passengers. Any charge made to passengers at rates other than those fixed in this ordinance or any failure to comply with any provisions hereof shall be deemed a violation of this ordinance and shall subject the driver and oymer of the cab to cancellation ot their lioenses at the discretion of the Board of Commissioners.- Section 2. That Section 2 of Ordinanoe No. 5008 and Seotion 10 of Ordinanoe lto. 4952 as amended thereby be and the seme are hereby repealed. . Seotion 3. This ordinanoe shall take effeot and be in foroe from and after its passage and publication in 'the offioial oity paper. Introduced, June 22, 1942 Passed, June 29, 1942 Ed Jlorgenstern Mayor A.ttest: Chas. E. Banker City Clerk . -- e - (Published in the Salina Journal 1945 ) ORDINiU{CE NO. 5089 .Al'l" ORDINANCE relating to and regulating taxicab and taxicab fares and amending Section No. 28 of Ordinance No. 4952 as amended by Section 2 of Ordinance No. 5008 as amended by Section 1 of Ordinance No. 5017 as amended by Ordinance No. 5026 and No. 5059. and repealing said original section as amended. BE IT ORDAI1TED by the Board of Com.aissioners of the City of Salina, Kansas~ Section 1. That Section 28 of Ordinance No. 4952 as amended by Section 2 of Ordinance No. 5008 as amended by Section 1 of Ordinance No. 5017 as amended by Ordinances No. 5026 and No. 5059. be and the same is hereby amended to read as follows: "Section 28. That the rates and fares for the transportation of passengers in taxicabs licensed by the City of Salina for trips within the City of Salina. and where the point of origin or destination. or both, of the trip is within the City of Salina, shall be as follows: a. For trips within Zone 1, which is all of the territory within the city limits bounded on the north by Pacific Street. on the south by Crawford Avenue, on the west by Missouri Pacific Railroad tracks, and on the east by Ohio Street. (and the projections of such streets). 25t for first passenger and l5t for each additional passenger an and off at the same place. b. For trips where the point of origin or destination, or both, is in Zone 2, which is all of the City of Salina outside of Zone 1, 35t for first passenger and 15t for each additional passenger on and off at the same place. c. For trips to and from the Union Station. 251 for each passenger in Zone 1 and 35t for each passenger in Zone 2. d. For trips to the Air Base. 75t for first passenger and 25t for each additional passenger. e. For trips to Municipal Airport. 75t for first passenger and 25t for each additional passenger. f. For hire-by-the-hour, ~2.00 per hour. g. For special cab (no passenger other than those accompanying the hirer), 50t wi thin the city limits. h. Extra charge for luggage or parcels when accorilpanied by passenger; . extra charge for luggage over two pieces of ordinany hand luggage. for each two extra pieces of hand luggage. same charge as for additional passenger. For each extra large parcel (not carried in anus of passenger) same charge as for additional passenger. Nor more than six passengers can be carried in any cab in one trip at any one t~Qe. Not more than tv~ passengers shall ride in the front seat. First passenger in cab is entitled to first delivery unless he consents to delivery of other passengers first. and no luggage or parcels shall be carried in the front seat with the driver which will obstruct the driver's vision. If two or more persons in a taxicab with different destination points. the passengers shall be delivered to their destinations L~ the order of their entry into the cab unless the passenger entitled to prior delivery consents to prior delivery of other passenger. e Every taxicab shallhave posted in a conspicuous place within the cab a card showing the rates provided herein and license number and name of the owner and driver, printed or in type sufficiently large to be readable by passenger. Any charge made to passenger at rate other than those fixed in this ordinance or any failure to comply \nth any provisions hereof, shall be deemed a violation of this ordinance and shall subject the driver and owner of the cab to cancellation of their licenses at the discretion of the Board of Commissioners." Section 2. That Section No. 28 of Ordinance No. 4952 as amended by Section 2 of Ordinance No. 5008 as amended by Section 1 of Ordinance No. 4017 as amended by Ordinance No. 5026 and 5059, be and the same is hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage and publication in the official city paper. e Introduced, June 4, 1945 Passed, June 11, 1945 Attest: J. Ii. Moore, Jr. Mayor Chas. E. Banker Ci ty Cle rk - (Published in the Salina Journal January 10, 1945) . ORDINANCE NO. 5074 AN ORDINANCE relating to drivers license and application therefor and repealing Section 13 of Ordinanoe No. 4952. BE IT ORDAIlmD by the Board of Commissioners of the City of Salina, Kansas: Section 1. It shall be unlawful for any person to act as a driver of a taxicab or livery car without having first secured a license to be issued by the City Clerk of the City of Salina, as herein provided. Such license shall be applied for in writing on such forms as the Ci1:;y Clerk may pre- scribe, and such application shall include: e (a) The name, age, sex, weight, height, color of eyes, and hair of applicant, his residence address and length of residenoe in the City of Salina.. (b) Whether or not the applicant has heretofore 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. (c) The number of times and places arrested, and/or convicted for traffic violations. (d) The experience the applicant has had in driving motor vehicles. (8) The name of the person by whom. the applicant is eI:l.ployed and name and address of employer during the peud1+ig. tJIo, years and kind of employment. (f) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such conviction. (g) Each applicant shallfurnish four recent photographs of himself. not less than ~" by 3" and not more than ~" by 3-};n, and submit to finger prints by the Police Department. One of the photographs shall be attached to the copy of the application filed in the Police Department, one shall be attached to the application filed with the City Clerk, one shall be attached to thelicense issued to such driver and one to the identification card here- inafter provided for, which shallbe conspicuously displayed in any taxicab being driven by such person. )h) A statement that the applicant is in good heal the (i) The applicant must name three (3) reputable prersons who have knO'WIl him for one year or more i mediately prior to such application. Such persons given as reference must beresidents of the City of Salina, Kansas. Such application shall be made in duplicate, and both oopies shall be referred by the Ci1:;y Clerk to the Chief of Police. The Chief of Police shall endorse his report and recommendation on both copies, one of which shall be returned by hi:,~ tothe Ci1:;y Clerk and one retained in the files of the Police Department, together with the finger prints of the applicant. (j) Each application shall be accompanied by the payment of an eX8Illina- tion and license fee of Ten Dollars. Each license shall expire on December 31st of 'that year. In the event 'the applicant is refused a license, . - such fee shall be returned to tlle applican~. Sec~ion 2. That Section 13 of Ordinance No. 4952, be and the s~e is hereby repealed. Sec~ion 3. This ordinance shall take ei'fec~ and be in i'orce from and a~er i~s passage and publica~ion in the official city paper. In~roduced, January 2, 1945 Passed, January 8, 1945 Ed Morgenstern Mayor A~tes~: Chas. E. Banker City 01 erk - e (Published in the Salina Journal 1944) ORDINANCE NO. ,5()59 AN ORDINANCE relating to taxicab passengers and repealing Section 30, Ordinance 4952. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the provlslons with referenoe to the number of passengers provided for in Section 1 of Ordinanoe 5017 is supplemented by the following provisions: e "Notwithstanding the provisions of Seotion 1 of Ordinance 5017 with referenoe to the number of passengers, in no event shall more than six passengers be transported at any one t~e." Section 2. That Section 30 of Ordinance 4952 be and the same is hereby repealed. Section 3. This ordinance shall take effect ane be in foroe from and after its passage and publication in the official oity paper. Introduced, July 3rd, 1944 Passed, July lOth, 1944 Ed Mortnstern yor Attest: Chaa. E. Banker City Clerk . . Ch. 14, Art. 7 LIGENSES....:....Junk.Dt!alers. .ARTICLE 7.-Junk' Dealers;', shipping, selling or ,otherwise disposing of :the same .' .. ... in truck .loador~cal'.load lots, but who do not have . 14-7~L Junk Defmed. Junk IS hereby defmed to in the. City of. Salina any .y~rd. or. place. fl'om which b~ old Iron, lead,.brass,.~tee~,copper or:other metals, I Buch busines-s is conducted; provid..ed:that.the. term WIres, cables, rags or baggmg,. :t:~pe,.r~bber, bo~es, "Junk Buyer" as herein used shall not include any paper, bottles .and. other and .slmllar~ld matenals, person classified as .an Automobile Junk Dealer. or and old machmery and old automobIles or parts as an Automobile Junk Parts Dealer as hereinafter thereof. (~1, Ord. 3802, 10-26-29). defined. ' 14-702. Same; License Required. It shall be un- lawful for any person, firm or 'corporation to carry on a business of buying, selling, collecting, trading, exchanging or otherwise dealing in junk as herein defined without having first obtained a license so to do and having paid a license fee therefor as here- inafter provided. (~2, Ord. 3802, 10-26-29). . 14-703. Application. Any person, firm or corpora- tion desiring any such license shall make applica- tion in writing to the City Clerk which application :ohall set forth the fun name of the applicant together with his residence address and if a dealer, the loca- tion at which such junk is to be kept or stored and the applicant shall not keep or store junk in any other location in said city. Any such application shall be submitted to the Board of Commissioners and if the Board of Commissioners approve such ap- aplication and location, may order the issuance of a license upon payment of license fee as herein re- quired. (~3, Ord. 3802, 10-26-29). 14-704. Definitions. The word person, when used in this ordinance, shall mean any person, firm, cor- poration or association or any agent, officer, mem- ber or employee thereof, and those governed by this ordinance, and of whom licenses shall be required as provided for herein, shall be classified and de- fined as follows: (a) Junk Dealers, who are defined as any person or persons, who engage in the City of Salina, Kan- sas, in buying, collecting, trading in, exchanging or otherwise dealing in junk as herein defined, and shipping, selling or otherwise disposing of the same in truck load or car load lots, and who conduct such business at or from any yard or place in the City of Salina 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 in- clude any person classified as an Automobile Junk Dealer or as an Automobile Junk Parts Dealer, as hereinafter defined. (b) Junk Buyers, who are defined as any person or persons who engage in the City of Salina, Kan- sas in buying, collecting, trading in, exchanging or otherwise dealing in junk as herein defined, and . ( c) Junk ColIe'ctors, who are defined as any pet- son or persons who engage in' the City of Salina, Kansas, in buying, collecting, trading ir., exchanging 01' otherwise dealing in junk as herein defined, for resale within the City of Salina, Kansas, who do not have or maintain any yard or other place in the City of Salina, Kansas, from which such business is conducted, and who do not sell, ship or otherwise dispose of such junk outside of the City of Salina; provided that the term Junk Collector as used herein shall not include any person classified as an Auto- mobile Junk Dealer or as an Automobile Junk Parts Dealer, as herein defined. (d) Paper Junk Dealers, who are defined as any person or persons who engage in the City of Salina, Kansas, in buying, selling or collecting old paper, card board or paste board boxes, rags, bagging or other or similar materials, or baling the same at any place in the City of Salina. (e) Automobile Junk Dealers, who are defined as any person or persons who engage in the City of Salina in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old auto- mobiles or parts thereof for the purpose of wreck- ing, dismantling or junking such 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 as vehicles, and who conduct such business at or from any place in the City of Salina 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 second hand automobiles, who may as an incident to their regular business engage in selling or dealing in old automobiles. (f) Automobile Junk Parts Dealers, who are de- fined as any person or persons who engage in the City of Salina, Kansas, in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof for the purpose of wrecking, dismantling or junking such old automobiles or parts thereof, except old batteries, old tires or other old automobile parts which are 149 1M LICENSEi.......Tunk Dealers. Ch.. 14, Art. '1 p\lrlJhI~.d sepa:ratd1 trom tbe nwmoI.lU" from whith they Wflr. l'eUiQved, Of .4ealinc in old &utomo- Qil'lt for any purpOlJe other thap {or USlil as vehicles, W#lil d9 not engage in the burdn... of wrecking, dis- mantUng, junking or storing such old automobiles or part. thereof within the City of Salina, but who engqe in the business of selling parts from such wrecked, dismantled or junked automobiles at or fr9rn 3ny store, yard or other place in the City of Salina. (~4, Ord. 3802, 10-26-29; Amd. U, Ord. 4729, 3-15-37). 14-705. Same. That wherever the tel'ms "Junk Dealer" or "Automobile Junk Dealer" are referred to in Section 7 or in Section 10 of Ordinance No. 3802, such terms shall be deemed to include the terms "Junk Buyer" and "Automobile Junk Parts Dealer" as defined in this ordinance, and said sec- tions shall be deemed to refer to and include Junk Buyers and Automobile Junk Parts Dealers, as de- fined and referred to in Section 4 of Ordinance No. 3802, as amended by Section 1 of this ordinance. (~~, Ord. 4729, 3-15-37). for each wagon or vehicle \lsed for the collection of junk. (~6, Ord. 3802, 10-26-29). 14.708. Additional LieellSe8. No Junk Dealer or Automobile. J.unk Dealer shall opel'ate more than one yard or placo of business under one license, but shall secure additional license for each yard or place of business operated by him; provided that no license shall be required of any such dealer for the opera- tion of a separate store, or place of business where individual parts taken from any junk automobile are sold as parts and not as junk. (~7, Ord. 3802, 10-26-29). 14.709. 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 of Salina, and no junk dealer or automobile junk dealer shall ex- pose 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 a board fence not less than five (5) feet in height, which fence shall at all times be well painted and in good repair; pro- vided that in any yard or place in which junk is kept or stored and which was located at the time of the adoption of Ordinance Number 3188, being the zoning ordinance of the City of Salina, in any dis- trict defined by said ordinance as a commercial or residential district, or which may be located on prop- erty taken into the city limits or said city after the establishment of any junk yard thereon and which upon its inclusion within the city limits become a part of any commercial or residential district as de- fined by said zoning ordinance, no junk shall be kept or stored and no such fence shall be erected nearer than 50 feet to the line of any street or avenue upon which such yard or place abutts. (~8, Ord. 3802, 10-26-29). 14-706. License Fees. The fees for such licenses shall be as follows: (a) For Junk Dealers, $150.00 per annum. (b) For Junk Buye...s, $25.00 per annum. (c) For Junk Collectors, $1.00 per annum. (d) For Paper Junk Dea~rs, $10.00 per annum. (e) For Automobile Junk Dealers, $150.00 per annum. (f) For Automobile Junk Parts Dealers, $50.00 per annum. Provided that any person who shall pay any license fee as hereinabove provided for, shall, without pay- ing any additional license fee be entitled to engage in any other business as provided for in this ordi- nance, for which the same or a lesser fee is pro- vided for herein. All such license fee 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 shan 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 is- sued prior to July 1st, in any year, shall require the payment of a license fee for a full year, and any license issued after July 1st, in any year, shall require the payment of one-half of the annual license fee herein provided for, for the remaining portion of such year. (~5, Ord. 3802, 10-26-29; Amd. ~2, Ord. 4729, 3-15-37). 14.711. Daily Report of Pnrchases to Police De- partment. Every Junk Dealer or Automobile Junk 1....'07. Each Vehicle Licensed. A Junk cOllec-1 Dealer shall make a list of every article or group tor's license as provided for herein shall be required l of articles purchased by him, which list shall con- 14-710. Revocation of License. Any license issued hereunder may be revoked by the Board of Commis- sioners upon conviction of the licensee or any agent, employee or officers of any licensee of the violation of any provision of this ordinance, or of any ordi- nance 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. (~9, Ord. 3802, 10-26-29). . Ch. 14, Art. 7 LICENSES.~-.JUllk Dealers. Hi! tain a description of the articles purchased, suffi- cient to identify the same, and the name of the person from whom the same were purchased and date and hour of purchase and shall furnish a true and correct copy of such list, signed by such pur- chaser, with the Chief of Police of the City of Salina, Kansas, before noon of each day covering the articles purchased during the preceding day. In case of any automobile or piece of machinery bear- ing on which is by law required to bear a motor 01' serial number, such motor or serial numbel' or both if such automobile or piece of machinery has or i:c required to have both, shall be shown, and if any such motor or serial number shall be defaced or erased, such fact shall be shown on such report and it shall be unlawful for any person, firm or corpora- tion purchasing any such article to sell the same 01' to remove the same from the location at which it may be stored or kept, or to teal' down 01' remove parts therefrom, until the same has been in hi;.; possession for at least 48 hours. (~10, Ord. 3802, 10-26-29) . 14-712. Violation Sections 14-701 to 14-711; pen- alty. Any person, firm 01' corporation, or any em- ployee, agent, officer or member thereof, who shall violate any of the provisions of this ordinance, or who shall permit or direct the violation thereof by any employee or agent, or who shall conduct any bll:,iness defined herein without securing a license and paying the license fee therefor, or who shall conduct 01' carryon such business after any such license shall be revoked or suspended, shall be deemed guilty of misdemeanor and upon conviction shall be punished by a fine in any sum not less than $25.00 nor more than $100.00 or by imprison- ment not to exceed 30 days, or by both such fine and imprisonment, for each offense, and each day's continued violation of any provision of this ordi- nance shall be deemed to be a separate offense. (!ill, Ord. 3802, 10-26-29). e . . - - Ch. 14, Art. 8 LICENSES.--Auction Sales; Ordiriance. fi};J . ARTICLE 8.-Auction Sales. (Published in Book of Revised Ordinances, 1939) ORDINANCE NO. 4951 .a period of thirty days. after. the .date: of. the issllance of such license; provided however, that no license shall be issued upon any such application until after such application has been on file in the offieQof the City Clerk for a period of forty days. An Ordinance relating to and regulating sales by auction of certain kinds of new and unused mer- chandise and relating to and regulating the calling, 14-804. Same; Inventory; Requirements. The ap- trade or occupation of conducting auctions of such plicant for such a license shall file with his applica- merchandise and providing for and requiring a Ii- tion a true and correct detailed inventory, listing cense for such auction sales and of those engaged the articles proposed to be sold at said sale by auc- in such calling, trade or occupation providing pen- alties for the violation of the provisions of this tion and shall cause such articles described in said ordinance and repealing Ordinance No. 4394 of the inventory to be given a number. He shall also set City of Salina, and all other ordinances or parts of forth opposite the descriptions of such articles in ordinances in conflict with this ordinance. said inventory and before presenting the same the Be It Ordained by the Board of Commissioners of actual cost price thereof to him. The applicant the City of Salina, Kansas: thereof shall duly verify the said application by his 14-801. Definitions. Wherever the word "person" I' personal oath or affirmation. In case the license is used in this ordinance the same shall be deemed is granted, the licensee must before the beginnng of to refer and relate to any person, co-partnership or such auction sale attach to such articles a card or member thereof, or corporation or any officer, man- ticket with the said number of said articles en- agel' or employee thereof. dorsed thereon, so that the number of said articles described, and set opposite the description of the separate articles which correspond with the code or ticket number aforesaid. 14-802. Auctions; License required; exceptions. It shall be unlawful for any person to engage in the business, calling, trade or occupation of operat- ing or conducting a sale by auction of any new or unused merchandise in the City of Salina, including gold, silver, plated ware, precious or semi-precious stones, watches, clocks or any other jewelry, furni- ture, men's or women's clothing or other merchan- dise of any kind, or new or used automobiles, except such judicial sales as may be held according to law under the order of some court of competent juris- diction, or except a sale by virtue of a genuine and bonafide chattel mortgage which has been given to secure a genuine and bona fide debt which is actually in default, unless the person conducting or operat- ing such auction sale shall first pay the license fee and secure a license therefor as hereinafter provided for and comply with all of the provisions and regu- lations relating to and regulating the securing of such a license and the conducting of such an auction sale as in this ordinance provided for. 14-803. Applications; Fee. No license as herein required and provided for shall be issued by the City Clerk until the applicant therefor shall file with the City Clerk an application as hereinafter provided for and a true and correct detailed inven- tory of the merchandise proposed to be sold at such auction sale, as hereinafter required, and shall de- posit with the City Clerk a license fee of $50.00 which fee, when any license shall be issued pursuant to such application, shall, subject to the restrictions hereinafter set forth, permit the licensee in any such license to conduct and operate such auction sale for 14.805. Same. The application for such a license shall set forth the following: (a) The name, residence, address and business address of the applicant. (b) The character of business applicant has been engaged in during the two years prior to the ap- plication. (c) Whether the proposed auction is to be held at the applicant's existing regularly established place of business, and wherein his regular business has been operated for at least one year prior to the application. (d) The name and address of each person who will participate in conducting the said sale by auc- tion. (e) Whether the applicant will be present at and in continuous attendance at said proposed sale by auction. (f) Whether any additions to the stock of mer- chandise proposed to be sold at said sale by auction have been made within a period of forty days prior to the date of said application, and if so he shall furnish a separate inventory thereof containing all details as in the regular inventory required. (g) Whether, after filing said application and until the end of said sale by auction applicant will make any additions or permit any additions to be made to the said stock of merchandise described in the required inventory. 164 LICENSES.-Auction Sales; Ordinance. Ch. 14, Art. 8 (h) Whether he has .conducted or caused to be held any sales by auction within a period of. five years prior to said application and if so, when and where. (i) Whether applicant has owned or conducted within one year prior to the said application, any other store or place of business than the one men- tioned as his regular place of business in the appli- cation, anl! if so, where such store or stores or place or places of business were located and the character of business operated in each. (j) He shall state whether he will himself, and whether he will require all others participating in the conducting of said proposed sale by auction to, truly and correctly, represent at all times to all per- sons attending such auction, the actual facts in re- spect to quality. (k) Whether he has attached to said application a true and correct detailed inventory of the stock or goods, wares and merchandise proposed to be sold at said sale by auction. Whether he caused the articles in said inventory to be given a number, and whether he has set forth opposite said articles the actual cost price thereof to him, and whether he agrees in case a license is granted, to attach to said articles a card or ticket with the number of said articles endorsed thereon corresponding to the inventory number. (I) Whether the applicant or any person he pro- poses to use as auctioneer or other employee at the proposed auction sale has been convicted of any violation of any section of this ordinance within two (2) years prior to said application. (m) Whether the applicant or any person he pro- poses to use as auctioneer or other employee at the proposed auction sale will in all respects comply with all of the provisions and requirements of this ordinance relating to the conduct of any such auc- tion sale. 14-806. Hours of Auction. ~6. No such auction sale shall be held nor shall the place where any such auc- tion sale is being held be open for business between the hours of 6:00 o'clock in the evening and 8:00 o'clock the following morning, under any circum- stances, and no license shall permit such opening or the sale of merchandise at such place of business between such hours. 14-807. Auctions prohibited in December; term of Auction. ~7. No sale by auction to which this ordi- nance relates shall be held or licensed to be held in the month of December, and no such sale by auc- tion shall be lieensedor permittel! to be held for a period of more than thirty days, Sundays and legal holidays excepted. Said thirty days shall be con- secutive except as to Sundays and legal holidays and except any part of the month of December, from December first to December thirty-first, inclusive. 14-808. Licenses; Two. Year Interval; Prior Con- viction Bar to License. ~8. No license for any such sale by auction shall under any circumstances be granted to any person, firm or corporation or to any agent or affiliate of or assignee of, or to any person acting for any such person, firm or corporation, with- in a period of two years after the termination of such sale by auction, in the City of Salina, by any such person, firm or corporation, held or conducted under the provisions of this ordinance, or otherwise. No person who has been convicted of violating any of the provisions of this ordinance, shall be granted a license or act as an auctioneer or be employed in any manner at or in connection with any sale by auction licensed or held under the provisions of this ordinance, or to which this ordinance relates, for a period of two years after such conviction. 14.809. Bye-Bidding Prohibited. ~9. No person to whom any such license is issued, or any auctioneer at any such auction sale, nor any person employed by such licensee or having any connection of any kind with such auction sale, shall bid for any mer- chandise offered for sale at any such auction, and no person shall act at any such auction sale as a bye-bidder, or what is commonly known as a "cap- per", "booster" or "shiler" or offer or make any false bid, or offer any false bid to buy or pretend to buy any article sold or offered at any such sale by auction. 14-810. Auctions; Where Licensed. ~10. No such sale by auction shall be licensed or permitted, except it be held at the existing regularly established place of business of the applicant for such license, and at the place wherein the regular business of such ap- plicant has been operated for a period of at least one year prior to the filing of the application. 14.811. Attendance of Licensee Required. ~11. Whenever any such licensed sale by auction is being conducted, the person to whom the license has been granted or if the licensee is a ,partnership one of the members thereof, or if a corporation one of the officers thereof, shall remain in continuous atten- dance at all times while such sale by auction is being conducted, and shall be responsible for any violation of any of the provisions of this ordinance. . Ch. 14, Art. 8 LICENSE8.-Auction SaleH; Ordinance. 155 14-812. Additionsto Stock Prohibited. ~12. During any such sale by auction, no additions whatsoever shall be made to the stock or merchandise set forth ill the inventory attached to the application for li- cense, and nothing shall be offered for sale or sold at any such sale by auction which is not described in or which is an addition to the stock of merchan- dise described in said inventory, or which has been added to the applicant's stock within a period of forty days prior to the date of the filing of the ap- plication for such license. . 14-813. Licenses; Required Period Between; Ex- ceptions. ~13. No license shall be granted for any such sale by auction if it appears that the applicant or agent, affiliate or assignee of the applicant or other person for him, has within a period of two years prior to the date of the filing of the applica- tion conducted a similar sale by auction in the City of Salina, either under the provisions of this ordi- nance or otherwise, and either in the same place of business or at any other place within the City of Salina; provided however, that this section shall not apply to a duly licensed auctioneer who has a duly established and licensed auction room which oper- ated under the provisions of any other ordinance of the City of Salina. 14-814. Auctions; Requirements of Sale. ~14. At all such sales by auction the applicant and all per- sons participating in the conducting of said sale by auction shall truly and correctly report at all times to the public attending such auction, the actual facts in respect to the quality of the merchandise offered for sale. 14-815. Same. ~15. No person shall sell or offer for sale at any sale by auction any goods, wares or merchandise which has been falsely described, or concerning which any untruthful statement has been made as to character, quality, kind or description, either in the application for license and the inven- tory attached thereto, or during the continuance of such auction sale. 14-816. Same; Records of Sale; Resales Prohi- bited. . ~16. The licensee who shall conduct any such auction sale or any auctioneer or other person or employee of such licensee, shall keep a true and cor- rect record of all articles of merchandise sold at any such auction sale, and no article which has once been sold at such auction sale shall again be sold or offered for sale at the same auction sale. lowing .the filing of the application for a license as required by this ordinance, it has not been made to appear to the City Clerk or to the Board of Com- missioners of said City that. any of the statements made in the application for a license are false, and if the statements contained in said application, and as sworn to by the applicant entitles the applicant to a license under the provisions of this ordinance, the City Clerk shall issue to such applicant the li- cense to conduct such a sale by auction, of the mer- chandise described in the inventory attached to his application, for a period not to exceed thirty consecu- tive days, exclusive of Sundays and legal holidays and exclusive of any part of the month of December. 14-818. Chief of Police to Enforce Ordinance. ~18. It shall be the duty of the Chief of Police of the City of Salina, or of any other officer or employee of the city assigned to such duty by the City Man- ager or by the Chief of Police to inspect and inves- tigate any and every stock or stocks of merchandise which is the subject of any application for an auc- tion sale as provided herein or which is being sold at any auction sale licensed under the provisions of this ordinance and report to the City Manager whether or not the provisions of this ordinance, are being complied with, with respect to the merchan- dise licensed to be sold, or being offered for sale, or with regard to fraud or deception, or fraudulent and false statements or advertising. 14-819. Suspension of License. ~19. The City Manager of the City of Salina is hereby vested with authority to temporarily suspend the issuance of any license for sale by auction whenever he may believe that any of the provisions of this ordinance have been or are being violated, and thereupon ap- propriate proceeding shall be instituted forthwith in the Police Court of said city, for the alleged violation of any of the provisions of this ordinance, and in the event said proceedings result in the con- viction of the licensee, or of any auctioneer or em- ployee of said licensee, or any person engaged in or about the conduct of such auction sale, the said license shall become permanently null and void; otherwise the suspension shall be at an end and the license thereupon restored and said sale by auction may proceed until it has been open for an aggregate of thirty days but such auction shall not proceed at any time during the month of December, but may proceed after December 31st to complete the thirty days authorized by such license. 14-817. City Clerk to issue License; Term of Li- 14-820. Violations; Penalty. ~20. Any person cense. . ~17. If, during the period of forty days fol- who shall violate any of the provisions of this ordi- - 166 LICENSES.-Auction Sales; Ordinance. Ch. 14, Art. 8 nance, who shan optrata or continue to operate any sals by auction a. referred to ill this ordinanee while the suspeAaion of any license issued under previous Ol'Qinanee is in effect, or after the same shall have been revoked and held null and void as herein. pro- vided for, shall upon conviction be fined not less than $26.00 nor mote than $100.00 for each violation, together with the costi of proseeution, and shall be impriSOned in the city jail until any such fine and costs are paid, provided that each violation, and each day of any Yiolation of any provision of this ordi- nance, shall constitute a separate offense. 14-821. Savio&" Clause. ~21. If any section, sen- tence, clause or provision of this ordinance shall be held to be unconstitutional or invalid for any reason, the same shall not in any manner affect the validity of any other section, sentence, clause or provision of this ordinance, it being the intention of the Board of Commissioners of said city to adopt each and every .section, sentence, clause or prov.ision of this ordinalU!e, . independently of each and every othel' section, sentence,. clause and provision thereof. 14-822. Repeal. ~22. . That Ordinance No. 4394 of the City of Salina, Kansas, and any other ordi- nance which is specifically in conflict with any of the terms or provisions of this ordinance be and the same are hereby repealed. 14-823. Take Effect. 1\23. This ordinance shall take effect, and be in force from and after its pub- lication in the book of Revised Ordinances of the City of. Salina. Introduced, September 11, 1939 Passed, September 18, 1939 ( SEAL> Attest: Chaiil. E. Banker City Clerk Ed Morgenstern Mayor (Published in the Salina Journal 1946) - ORDINANCE NO. 5203 A~J ORDINANCE providing for the regulation of places of business wherein cereal malt beverages are sold at retail for consumption on the premises and providing for the revocation of thelicense of any firm, person partnership, association or any other licensee fo: the violation thereof and ~Tlending ordinance No. 4741 of the Clty of Salina by enactment of new sections, being Sections 21 and 22 to be added thereto. \'JHEREAS, ticker machines have been employed in certain cereal malt beverage retail establishments in the City of Salina; and '~HSREAS, said ticker lnachines have been employed as a means to facilitate gambling in and about such establish,'llent; and ~Tri.B31'::AS, the Board of COillillissioners deem it adviseable to prohibit possession and use of said ticker machine in and about premises employed as a place for the retail sale c,f cereal malt beverages; and SO NOW, THE ,.>....BFOHE BE IT OHDAlNED by the Board of Commissioners of the City of Salina: - Section 1. That a certain Ordinance No. 4741, being an ordinance relating to the regulation, licensing and taxing of persons engaged in the retail sale of cereal malt beverages, enacted April 29, 1937, be and it is hereby amended by the enactment of two new sections, being sections twenty-one (21) and twenty-two (22), reading as follows: "Section 21. That any person licensed to retail cereal malt beverages for conSuHlption on the premises pursuant to the provisions of Ordinance No. 4741 and all alnenruaents thereto is hereby prohibited from having in his, her or its possession or in, on or about the premises, where cereal rnalt beverages are sold at retail, a ticker machine, or any other paraphernalia vnlereby such person or any of h's, her or its eillployees, servants, agents or custoIners obtain or receive da.ta or information relating to sports events, iC1cluding, but not by way of lLlli tation, professional or amateur baseball games, horse racing, basketball ga'lles, football gffiaes, dog racing, track meets, or any and all other sports events." !ISection 22: That any person violating the provisions of Section 21 of Ordinance No. 4741 ashereby amended, as determined by theBoard of Commissioners of the City of Salina, that then and in that event, any license issued under the tellmS and conditions of Ordinance No. 4741 and amendments thereto, may be revoked as in said Ordinance No. 4741 provided for other causes.1I Section 2. That its adoption and this ordinance shall be in full force and effect frol:! and after ublication once in the official city paper. Introduced, December 16, 1)146 Passed, December 23, 1946 - B. A. Breon Acting Mayor Attest: Chas. E. Banker, City Clerk OrtJE\.I\;-C:E NO. 5302 (First published i~ taG S~lina J,urnal ., GA.3) .L.. _ - AN ORDIlJAlJCE providing for 8. 1 ice;'lse as a condition precedent to the sale ~\nLi prescribinG t~le time of sale of firevrorks, blank cartridges, pistols and other devices, or ot:ler devices and providing for the repeal of Section 2 and 3 of Ordinance No. 4950 er.d Section 2 of said ordinance as amended by :)rdimmce No. 5202 a:1d ordaining a new section 2 and section.) in lieu thereof. BE IT ulWADED b~r the .t3o'lrd of COlill::issioners of the City of Salina, KU1;.sas. Section 1. 'fhe.t Section 2 of Ordinance No. 4950, B.S amended by Ordinance Ho. 5202,---oeirlg an ordinance relatillg to "regulating the possession, offering for sale, sale, g~V~l1g ayvs.y, and/or use of firevvorks, blank ca.rtridges, pistols or other de7ices, or other de7ices froLI '-'lfhich blank cartridGes lilay [.fe fired, and/or other pyrotechnics, lJroviding for a license for ,Jersolls, fir'ms or corpora- tions, engaging in the sale of fireworks or pyrotechnics not prohibited by the terms of tnis orc1.inance and providing penalties for the violation of the tarrn.s hereof; dei'~ning certl.J.in nuisances and providing for thp, abatement thereof", te ".nd it i[3 hereby amended to read as .follo.ws: e lISe8tio::J. 2. It she,ll .be unlavrl.'ul for any such person, firm, or corporation to display for sale, sell, or offer for sale, any fireworks and/or pyrotec~~ics, including sparklers, which are not prohibited to be sold under ;:)e,~ticn 1 of tnis ord i.'1ance, '.vi thout first having obtained a license {'rom the City Clerk. Before any such license is issued se.:d applicant for such license shall pay to the City Clerk a license fee of ~venty-five Dollars (~25.00). Such license fee snnll oe du.o a:ld payable on or before the 20th day of ~Tune of each year, and no 1 icense she.ll be issued Hfter said date. A separate license 81all be re'luired for each aDd every place from which the applicant for a license desires to sell fireworks and/or nyrotecj'L.~ics, 'Nhich lice;'1Se sliall be disnlayed in a consnicuous Dlace in Ule pl2.~e cf business il~ vn:ich such fireworks a;d/~r pyrotechni~s are t; be sold. II ~~o.:~ 2. That Section 3 of said Or,'inance No. 4950, being the ordinance referred to in the preliminary portions of Section 1 hereof be and it is hereby amended to read as follows: "Section 3. No fireworks and/or pyrotechnics, tae sale of vm::"c;l is not pronibited under the provisio:1s of this ordine.nce shall be sold or offered for sale, except during tile 4th of July and the business days immediacely precedL'1g said date, froLl and after June ;~oth. It shall be unla.wful I"or any person, firm or corpora. tion to sellar offer for 30.le, an:)! fireworks and/or pyrotechnics on tne first da~r of the week commonly called tlSulldayll, -vinere the 4th of July falls upon .:>uno.ay, tnen such fireworks and/or pyrotec~mics EJaY oe sold upon the 5th day of July". Section 3. TIlat Secti 'n 2 of Ordinance No. 495:) as amended by Urdina.l1ce l\J"o. 520Z".-and SeetioD. 3 of Ordinance }\Jo. 4950 oe ~l.nd t!ley 8. re hereby repealed. Section 4. That this ordi:1ance snall be in full force and effect frol.1 R:ld after its-ac.oI).cion and ,malication clDce in the official city paper. e Introd~ced, hRY 3, 1948 Passed, Ma~T 10, 1948 A. W. Stedham Attest: Chas. E. Be.nker Cf-tyCl erk ---,._~-,- --.-.,- hlayor (Firat published in the Salina Journal December 18, 1946) - ~ €Iv ORDINANCE NO. '6111 AN ORDINANCE providing for a 1ioen.e a8 a oondition precedent to the sale of fireworks, blank cartridges, piatola and other devices, or .tner devices fri)m which blank cartridges may be fired andproviding for the re- peal of Section 2 of' Ordinanoe 10. 4950 and enacting a new .ection 2 in lieu thereot. e ~ \ BE IT ORDAINED by the l30ard of Commiaeioners of the City ot Salina, Kansas Section 1. 'lhat Sectr~ 2-~f(O~d~:~-oee'ik.a4~~;"b~i'~-~;~ J~~din~~.C 1., relating to "regulating the possession, oftering ~or sale, sale, giving away, and/or use 01' fireworks, blank oartrid!e., piatola or other devices, or ot her device. from which blank cartridges may be tired, and/or other pyrotechnio., providing for a 1 ioen... for persons, f'irnus, or oorporations, engaging in the _le of firework. or pyroteohnios not prohibited by' the terms of this ordinanoe and providing penal ties fOr the violation ot the terms hereot} detining oertain nuisanoe. and providing tor the abatement thereot", be and it is hereby amended to read a. followsl "Seotion 2. It shall be unlawtul for any such person, firm, or corporation to display tor sale, .ell, or of tel" tor sale, any tireworks and/or pyrotechnio., including sparklers, which are not prohibited to be sold under Seotionl of this ordfnanoe, without first having obtained a license from the City Clerk. Before any auch licen.e 18 issued 8ald applicant tor8uoh licen.e tha1l pay to the City Clerk a license fee ot Twent,....tive. Dollar. ($25.00). Such 11oen.e tee .hall be due and payable on or before the ~th day ot June of each year, and no license shall be hsued aft~r said date. A separate license shall be required tor eaoh and every place from which the applioant for a licens. desires to sell t'ireworks and/or pyrotechnios" whioh license shall be displayed in .. oonspiouous plaoe in the place of business in wdch suoh tireworks and/or pyrtoechnics are to be sold". '. I .J}. 'Y'O\ \, Seotion 2. !hat Seotion 2 ot Ordinanoe No. 4950 be and it 18 hereby re- pealed. ,.j"" Seotion 1. '!hat this ordinanoe shall be in full force and ettect trom and atter it. adoption and publication once in the oftici..l paper. Introduoed, December 9, 1946 Passed, December 16" 1946 LloL: W. Price yor - Attest Ch.... E. Banker C1 ty Cldrlc ARTICLE 9.-Fireworks. LICENSES.-Fireworks; Ordinance. 157 Ch. 14, Art. 9 (Published in Book of Revised Ordinances, City of Salina, 1939) ORDINANCE NO. 4950 An Ordinance regulating the possession, offering for sale, sale, giving away, and/or use of fireworks, blank cartridges, pistols or other devices, or other devices from which blank cartridges may be fired, and/ or other pyrotechnics, providing for a license for persons, firms, or corporations, engaging in the sale of fireworks or pyrotechnics not prohibited by the terms of this ordinance and providing penalties for the violation of the terms hereof; defining cer- tain nuisances and providing for the abatement thereof. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: 14-901. Certain Fireworks Prohibited. Section 1. That from and after the passage of this ordinance, it shall be unlawful for any person, firm or corpora- tion to have in his possession, store, transport, dis- play for sale, sell, offer for sale, give away, dis- charge, fire and/or use any of the following, at any time within the corporate limits of the City of Salina, Kansas: 1. Any fireworks containing any explosive con- sisting of chlorate of potash and sulphur. 2. Nigger chasers or squibs, including all types of fireworks that travel on the ground. 3. Roman candles, beyond 12 balls. 4. All firecrackers and salutes over three inches in length and/ or more than % inch in diameter. 5. All snakes or magic snakes or spit devils which contain mercury, phosphorus, or other poison- ous compounds. 6. Blank cartridges, ammunition canes, unpro- tected hammer type single cap pistols. 7. Any salute or aerial display, customarily fired from a motor, including parachutes with flares at- tached. 8. Pistols, or other devices from which blank cartridges may be fired. 9. Sky rockets. 10. All bombs, repeating tanks, and toy cannon. 11. Round, globe, or spherical salutes. 12. Torpedoes other than self-consuming type. 13. Hot air balloons carrying flame. 14. Paper caps containing more than 35 grains of explosive. 15. Sparklers beyond 20 inches in length. 16. All fireworks containing white or yellow phos- phorus. 14-902. Sale; License Required. Section 2. It shall be unlawful for any such person, firm or cor- poration to display for sale, sell, or offer for sale, any fireworks and/or pyrotechnics, including spark- lers, which are not prohibited to be sold under Sec- tion 1 of this ordinance, without first having ob- tained a' license from the City Clerk. Before any such license is issued said applicant for such license shall pay to the City Clerk a license fee of One Dollar ($1.00). Such license fee shall be due and payable on or before the 30th day of June of each year, and no license shall be issued after said date. ~ seJ2a!:.~ li::.n~.:.~~al!. b.~.L~9~Lr~oL_~E.._~? ~~ P]lll:f~.Wh4:.ll,.JIi~.IU)p'licf!.J;lt fOE. Ii, li<:en.~: ~!...es t.o ~f1.~J1J!r~~?!~'~M!-':!!~L.Q'[ .P~ro~clmics. .w'h.ilrh ~~~_~~~l~?:,!i~p~~~L in.a .conspicllOUS. place. in .~~lace of busmess in which such fireworks and/or pyrotechnics are to be sold. 14-903. . Time When Sales Permitted. Section 3. No fireworks and/or pyrotechnics, the sale of which ~.1 ~a:coet :{:l~i~ ~"'.:Ol.~n. ~. ;1' o~~e.er. :.:.0:0..':. I.' O.s.,: ~e.,o~x.~~~t O:u.d.;~.. ~l. ...... " .:~.\ !ng th~ 4thi~ .;!.~ly l~d}ra: ~ h~SW1$S~~~ljI ('. , . ImmedIately: i precellmg s~la '?ftei',i.l Sh~lr bEt un- '>') .- lawful for ny person, fum "'or coij>oratlOn to sell ~. "', or offer for sale, any fireworks and/or pyrotechnics J' on the first day of the week commonly called "Sun- day". Where the 4th of July falls upon Sunday, then such fireworks and/or pyrotechnics may be sold upon the 5th day of July. 1\ _j 14-904. Storage; Regulation. Section 4. No fire- works and/or pyrotechnics, the sale of which is not prohibted under Section 1 of this ordinance, shall be kept or stored anywhere within the corporate limits of the City of Salina at any time other than from the tenth day of June to the tenth day of July inclusive, of each year. No person, firm or corpora- tion shall keep or store any fireworks and/or pyro- technics for wholesale sale or for sale other than retail trade, within the corporate limits of the City of Salina. 14-905. Use; When Permitted. Section 5. No fireworks and/or pyrotechnics shall be fired, ex- ploded, and/or used within the corporate limits of the City of Salina, except during that period of time commencing at 6 o'clock P. M., on the 3rd day of July, and ending at 12 o'clock midnight on the 4th day of July, except where the 4th day of July falls upon Sunday, then such fireworks and/or pyrotech- nics may be exploded and/or used from 6 o'clock P. M. on the 3rd day of July, up to 12 o'clock mid- night on the 5th day of July. Provided, however, that the Board of Commissioners of the City of Salina, may permit the display of fireworks, which 158 LICENSES.-Fireworks; Ordinance. Ch. 14, Art. 9 includes the. presenting of complete,pyrotechnk:111 fee under the .conditions proVided .for' in this ordi- displays or the shooting of: aerial reports or bOh).b nance. If said stock of fireworks and/or pyrotech- shells under the direction of an. expert operator,. nics, or any portion th'ereof shall be found to be in which. display" or the shooting of aerial" reports "or i violation of the Pl'ovisions .of this ordinance, then bomb shells, shall be carried out under such condi- such portion of said stock of fireworks, kept in vio- tions as may be prescribed by the City Manager of lation of the provisions of this ordinance, shall be Salina, as shall in his opinion not be hazardous to 2ubject to confiscation, and no license shall be issued surrounding property or dangerous to any person or to any such person keeping such stock of fireworks persons. and/ or pyrotechnics, for the sale of any fireworks during such calendar year when said person so own- ing such stock, shall violate the terms of this ordi- nance, as herein provided, and it shall be unlawful for any person or persons, company or corporation, so violating the provisions of this ordinance, to dis- play and/or sell any fireworks and/or pyrotechnics of any kind or nature. 14-906. Window Displays. Section 6. No fire- works and/or pyrotechnics shall be stored, kept, or displayed in the window of any store building or any other building wherein the sun is permitted to shine through glass, on such fireworks or pyrotechnics. 14.907. Display or Sale Prohibited, Certain Places. Section 7. No fireworks and/or pyrotechnics of any kind or nature shall be displayed, sold, or offered for sale in any opim place in front of any place 01 business, or in any doorway, or upon any sidewalk or within fifty (50) feet of any gasoline filling sta- tion or any bulk oil or gasoline station or plant. 14-908. Throwing Prohibited; Use near Hospitals. Section 8. It shall be unlawful for any person to throw fireworks of any kind from any vehicle of any kind, or into any vehicle of any kind, nor shall any fireworks be thrown from any building or struc- ture. No fireworks shall be exploded or used within three hundred (300) feet of any hospital, or within any business district in the City of Salina. 14-909. Duty of Parents. Section 9. It shall be unlawful for any parent, guardian, or other person having the care or custody of any minor, to either furnish or give to such minor at any time, any of the fireworks and/or pyrotechnics or other articles described in paragraph 1 hereof, as prohibited being sold within the City of Salina, or to furnish or give to any minor any fireworks and/or pyrotechnics not prohibited under the provisions of Section 1 hereof, at any time, except upon the days when such fire- works and/or pyrotechnics are permitted to be sold within the corporate limits of the City of Salina, under the provisions of this ordinance. 14-910. Fireworks; Stocks; Inspection; Confisca- tion. Section 10. The stock of fireworks and/or pyrotechnics of any merchant or dealer of the City of Salina shall be subject to inspection by inspectors designated by the Chief of the Fire Department of the City of Salina, at any time, and if said stock shall be found to comply with the provisions of this ordinance, upon application a license shall be granted for the sale thereof, and the same shall be issued by the City Clerk upon the payment of the license 14-911. Nuisance; Injunction. Section 11. The possession, storing, transportation, displaying for sale, selling, offering for sale, giving away, dis- charging, firing, or using of any of the fireworks, pyrotechnics, or other articles mentioned in Section 1 of this ordinance at any place within the City of Salina or within three miles from the city limits of the City of Salina by any person, firm or cor- poration is hereby declared to be a nuisance and any such nuisance shall be abated by injunction or other- wise as provided for in Section 13-1417, General Statutes of Kansas, 1935; Provided that the remedy provided for in this section is in addition to any penalty provided in this ordinance for the violation of its provisions. 14-912. Violation; Penalty. Section 12. Any per- son, firm or corporation, who shall be found guilty of violating any of the terms or provisions of this ordinance, shall upon conviction be adjudged guilty of a misdemeanor, and be fined in any sum not exceeding Twenty-five Dollars ($25.00) or be im- prisoned in the city jail not exceeding ten (10) days. 14-913. Saving Clause. Section 13. If any sec- tion or provisions or part thereof in this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordi- nance as a whole or of any section, provisions or part threof, not adjudged invalid or unconstitutional. 14-914. Take Effect. Section 14. This ordinance shall take effect and be in force from and after its passage and publication in the Book of Revised Ordinances of the City of Salina. Introduced, September 11, 1939 Passed, September 18, 1939. Ed Morgenstern Mayor (SEAL) Attest: Chas. E. Banker City Clerk. - e (First published in the Salina Journal 1946) ORDIAiI.JCE NO. 5200 AN ORDEJANCE 6Lassifying persons, firms and corporations to be licensed to retail cereal malt beverages, and levying an occupation and license tax therefor and amending sub-division (g), (h) and (i) of Section 1 and all of Section 3 of Ordinance No. 4n~1 and repealing said sub- divisions (g), (h) and (i) of Secticn 1 and all of Section 3 of said Ordinance No. 4741. BE ITR~'AIIfED by the Board of Corn.'1lissioners of the City of Salina: Section 1. That subdivisions (g), (h) and (i) of Sectirn 1 of Ordinance No. 4741, being an ordinance relating to the regulation, licensing and taxing, persons engaged in the retail of cereal malt beverages, enacted April 29, 1937, be and each are hereby amended to read as follows: "Section 1: Subdivision (g) 'General Retailer' is a licensee who has a license to retail cereal malt beverages in bottles, original and un- broken cases, and from kegs or in keg lots." "Subdivision (h) 'Case Hetailer' is a licensee who has a license to sell at retail cereal ;ualt bevc;ra::;es in original case or keg lots or in broken case lots of twelve (12) bottles or ~nore and not for consWllotion on the premises." Section 2. That Section 3 of said Ordinance No. 1!741, be and it is hereby amended to read as follows: "Section 3. Subdivision (a.) 'General Retailer' for each place of business Seventy-five ($75.00) Dollarsper calendar year." "Subdivision (b) 'Case Retailer' for each place of business Fifty ($50.00) Dollars per calendar Y2arll. "The full amount of license fee shall be rc,r'uired regardless of the time of the yec1.r in which the application is made and the lirensee shall only be autLorized to operate under the license for the remainder of the calendar year in wl'lich the license is issued." Section 3. That subdivision (g), (h) and (i) of Section 1 of Ordinance No. 4741 and all of Section 3 of said Orclinance be and they are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and:ublication once in the official paper. Introduced, December 9, 1946 Passed, December 16, 1946 Attest: Lloyd W. Price Mayor Chas. E. Banker City Clerk - - - I'" (Published in the Salina Journal 1945) ORDIHANCE 1m. 5108 Al~ ORDINAlTCE amending Section 9 of Ordinance Number 4741 (14-1009. 1939 Revised Ordinances) and repealing said original section. BE IT ORDAINED by the Board of Commissioners of the City or Sal ma. Kansas: Section 1. That Section 9 of Ordinance Number 4741 be and the same is hereby amended to read as follows: "Section 9. The governing body of the city. upon five (5) days notice to persons holding any such license shall revoke such license for anyone of the following reasons: (a) If a licensee has fraudulently obtained the license by giving false infonuation in the application therefor: (b) If the licensee has violated any of the provisions of this ordulance or any other ordinance of the city prescribing rules or regulations relating to cereal malt beverages as herein defined; if the licensee has violated any law of the state for ~mich violation the ci~J is authorized by law to revoke the license; (c) If the licensee has become ineligible to obtain a license under this ordinance; (d) Drunkenness of the person holding such license or permitting any intoxicated person to remain in such place; (e) The sale of cereal malt beverages to those Q~der the age of eighteen years; (f) The nonpayment or any license fees; (g) For penmitting any g~~bling in or upon such pr&nises; (h) For pel~itting any person to mix drinks ,nth materials purchased in said place of business or brought in for this purpose; (i) For tile employment of persons under eighteen years of age in dis- pensing cereal malt beverages; (j) For the employment of persons who have been adjudged guilty of felony or of any violation of the intoxicating liquor law; (k) For purchasing or displaying a federal retail liquor tax stamp.. expiring after June ~th. 1937, issued by the United States Treasury Depart- ment. except where issued for industrial. mechanical, scientific, and medicinal purposes; (1) 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 or eighteen years to enter into or loiter about his place of business or if in the judgii1ent of the said governing body it is for the best interest of the City of Salina and the inhabitants thereof; Provided. however, that said licensee shall c~use a sign to be displayed at all times in a prominent place at or near the entrance to his place of business stating that no persons under the age of eighteen years shall be permitted on said premises. And it is hereby nade unlawful for any person to commit any act which is made a caase for the revocation of any license as aoove set forth. Within twenty days after the order of the board revoking any license. the licensee may appeal to the District Court of the coun~J in the manner as now provided by law L~ appeals from the probate court, provided that after the - date of the order of revocation entered by such board and pending any such appeal. it shall be unlav~ul for any person whose license is re- voked to sell cereal malt beverages in any place of business or to operate or attempt to operate under such license until such time as the order of revocation may be set aside by the District Court. 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 months thereafter, unless the order of re- vocation shallbe set aside by the District Court of said County on appeal." Section 2. That the original Section 9 of Ordinance Number 4741 be and the same is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its publication in the official city paper. - Introduced, August 27. 1945 Passed, September 4, 1945 Lloyd W. Price Acting Mayor Attest~ Chas. E. Banker City Clerk by Harold E. Peterson, Deputy . Ch. 14, Art. 10 LICENSES.-Cereal Malt Beverages. ARTICLE 10.-Cereal Malt Beverages. 14-1001. Cereal Malt Beverage: Definitions. As used in this ordina~ce, the words and phrases herein defined shall have the following meanings unless the context otherwise requires: (a) "Person" shall include individuals, firms, co- partnerships, corporations and associations. (b) "Sale at retail" and "retail sale" mean sales for use or consumption and not for resale in any form. (c) "Place of business" shall mean any place at which cereal malt beverages are sold. (d) "Wholesaler or distributor" shall mean in- dividuals, firms, co-partnerships, corporations and associations which sell or offer for sale any bever- age referred to in this act, to persons, co-partner- ships, corporations and associations authorized by this act to sell cereal malt beverage at retail. (e) "Cereal malt beverage" shall include any fer- mented but undistilIed liquor brewed or made from malt or from a mixture of malt and/or malt sub- stitute. (f) "Licensee" is a "person" as defined in (a) who has a license as herein required. 4} (g) '.'General Retailer Cla.ss A" is a licensee who ( has a lIcense to make retaIl sales of cereal mal: I >0 beverages in bottles only but not including sales in original and in unbroken case lots or in broken case lots or in broken case lots of 2 or more bottles. (h) "General Retailer Class B" is a licensee who has a license to make retail sales of cereal malt bev- erages in bottles and to sell the same at retail from kegs, for sale to customers in bulk in glasses, etc., commonly known as "draught" beverages, but not including sales in the original and unbroken case or keg lots or in broken case lots of 12 or more bottles. (i) "Case Retailer" is a licensee who has a li- .~ cense to sell at retail cereal malt beverages in orig- fA I inal or unbroken case or keg lots or in broken case j. ,,;.> lots of 12 bottles or more and not for consumption J\ r on the premises. (~1, Ord. 4741, 4-29-37). 14-1002. License Required of Retailers. No per- son shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the corporate limits of the City of Salina, Kansas, as herein provided and a person having only a license to sell at retail cereal malt beverages as a "case retailer" as designated in this ordinance shall not sell any such beverage in other manner and a person having only a license to sell cereal malt bev- ,0/ .CU erages as a "general retailer" shall not sell any such beverage in any other manner than that covered by such license: provided however, that a "general.re- tailer" may also secure a license as a "case retailer" on complying with the requirements of this ordi- nance and securing an additional license as a "case retailer." (~2, Ord. 4741, 4-29-37). 14-1003. License Fees. There are hereby pre- scribed license fees as follows: (a) General Retailer Class A-for each place of business $35.00 per calendar year. (b) General Retailer Class B-for each place of business $50.00 per calendar year. (c) Case Retailer-for each place of business $25.00 per calendar year. The full amount of license fee shall be required regardless of the time of the year in which the ap- plication is made and the licensee shall only be auth- orized to operate under the license for the remainder of the calendar year in which the license is issued; provided, that if a license is issued under this ordi- nance to any person who has during the year 1937 prior to the date this ordinance takes effect, secured and paid for a Class A or Class B Retail Beverage Dealers license under the provisions of Ordinance No. 4295 as amended by Ordinance No. 4342, the amount heretofore paid by any such person, in case the license issued under this ordinance is issued to such identical person and for the identical place of business, shall be credited on the amount required for a license as provided for in this ordinance. (~3, Ord. 4741, 4-29-37). 14-1004. Application for Licenses. Any person desiring a license shall make application to the gov- erning body of the city and accompany the applica- tion with the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and shall contain such information as the governing body of the City may require which shall include the following: (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 years of age and that he has not within two years 159 160 LICENSES.-Cereal Malt Beverages. Ch. 14, Art. 10 immediately preceding the date of making apPlica-j consider that the applicant is not a fit person or tion been convicted of a felony. or any crime involv- otherwi"e entitled to receive such license, they shall init moral turpitude, or been adjudged guilty of reject such application and deny such license, and drunkennells, or driving a motor vehicle while under if they consider that such person is a fit person to the influence of intoxicating liquor or the violation receive such license and that the appl1cant, if grant- of any other intoxicating liquor law of any state or ed a license, will abide by all the requirements and of the United States. provisions of this ordinance and all other ordinances of the City of Salina, they may approve such appli- cation, and if they approve the same, shall direct the City Clerk to issue a license to the applicant; Provided, no license shall be issued to: Each such application, in case the applicant is a corporation, shall be accompanied by affidavits exe- cuted by each officer, director, and stockholder own- ing in the aggregate more than 25'70 of the corpora- tion's stock, and of the manager of such business, containing the same information as hereinabove re- quired of an individual applicant, and in case the applicant is a partnership, firm or association, the application shall be accompanied by affidavits duly executed by each member of such firm, co-partner- ship or association, and of the manager of such business, containing the same information. (~4, Ord. 4741, 4-29-37). 14-1004A. Sale of Wine; Revocation of License. No applicant for a license for the sale of cereal malt beverages in the City of Salina under the pro- visions of Ordinance No. 4741 shall be granted such license unless the applicant shall in his application for such license and as a condition precedent to the issuance of the same, state in writing that he will not, while any such license is in effect, if such license is granted, sell or have in his place of busi- ness for sale any wine or vinous beverage including so-called 3.2 wine or other beverage with any al- coholic content except cereal malt beverage as cov- ered by such license, and if any person while hold- ing a license issued by the City of Salina for the sale of cereal malt beverages shall sell or have in his possession for sale any wine or vinous bever- ages including so-called 3.2 wine or any other bev- erage containing alcohol except cereal malt bever- ages covered by such license, such license shall be revoked by the Board of Commissioners. (~1, Ord. 4961, 12-30-39). (a) A person who is not a resident of the city in which the premises covered by the license are located, and who has not been a resident in good faith of the State of Kansas for at least one year prior to said application and a resident of the county in which said place of business is to be operated for at least six months; (b) A person who is not of good character and reputation in the community in which he resides; (c) A person who is not a citizen of the United States; (d) A person who within two years immediately 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 intoxicating liquor law of any state or of the United States; (e) A copartnership, unless one of the copartners is a resident of the city or county in which the premises covered by the license is located and un- less all the members of such copartnership shall otherwise be qualified to obtain a license; (f) A corporation, if any manager, officer, or director thereof or any stockholder owning in the aggregate more than twenty-five percent of the stock of such corporation, would be ineligible to re- ceive a license hereunder for any reason other than non residence within the city or county; 14-1005. Examination; disqualification; approval. If the application is in proper form and accom- (g) A person whose place of business is con- panied by cash in the amount of the license fee ducted by a manager or agent unless said manager and the required affidavits, the governing body of or agent possesses the same qualifications required the city shall examine the application and the affi- by the licensee. davits, and after such examination, the governing No license shall be issued for a place of business body of the city shall refer such application to the located or to be located in a prohibited zone as de- Chief of Police for further investigation and report fined by this ordinance or as hereafter defined or if they deem such additional investigation neces- I prescribed by ordinance. A person applying for a sary. If the Board of .com.missioners either with \ license as a case retailer must be engaged in busi- or without such investigation of the Chief of Police ness in this city. (~5, Ord. 4741, 4-29-37). . Ch. 14, Art. 10 LlCENSES.-Cereal Malt Beverages. IG! 14.1006. License. The journal of the governing body shall show the action taken. The license shall not be transferable, under any circumstances from one person to another or to any firm, co-partner- ship 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 governing body of the city and upon such conditions as such governing body may pre- scribe. The license shall be kept posted in a con- spicuous place in the place of business. The license shall state the name of the licensee, the location of the place of business for which the license is issued and the calendar year for which it is issued, and that it is subject to revocation in the manner provided by law and by this ordinance. (~6, Ord. 4741, 4-29-37). If the licensee has violated any law of the state for which violation the city is authorized by law to revoke the license; (c) If the licensee has become ineligible to obtain a license under this ordinance; (d) Drunkenness of the person holding such li- cense or permitting any intoxicated person to re- main in such place; (e) The sale of cereal malt beverages to those under the age of eighteen years; (f) The nonpayment of any license fees; (g) For permitting any gambling in or upon such premises; (h) For permitting any person to mix drinks with materials purchased in said place of business or brought in for this purpose; (i) For the employment of persons under eigh- teen years of age in dispensing cereal malt bev- erages. (j) For the employment of persons who have been adjudged guilty of felony or of any violation of the intoxicating liquor law; (k) For purchasing or displaying a federal re- tail liquor tax stamp, expiring after June 30th, 1937, issued by the United States Treasury Department, except where issued for industrial, mechanical, sci- entific, and medicinal purposes. And it is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license as above set forth. Within twenty days after the order of the board revoking 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 after the date of the order of revocation entered by such board and pending any such appeal, it shall be unlawful for any person whose license is revoked to sell cereal malt bev- erages in any place of business or to operate or at- tempt to operate under such license until such time as the order of revocation may be set aside by the District Court. In case of the revocation of the license of any li- censee, no new license shall be issued to such per- son or person acting for or on his behalf, for a period of six months thereafter, unless the order of revocation shall be set aside by the District Court of said County on appeal. (~9, Ord. 4741, 4-29-37). 14-1010. Beverages prohibited. No licensee un- der this ordinance or any other person shall under any circumstances sell, offer for sale, give away or have in his possession any beverages which contain . 14-1007. Statutory requirements. No cereal malt beverages may be sold in any place of business be- tween the hours of twelve o'clock midnight and six a. m. or on Sunday or any election day, and no licensee shall permit any such beverage to be con- sumed in or about any licensed place of business on any such days or between any such hours. No pri- vate rooms or closed booths shall be operated in any place of business. The place of business shall be open to the public and to the police at all times during business hours. No person under eighteen years of age shall be permitted to buy or drink any of such beverages in or about any place of business. (~7, Ord. 4741, 4-29-37). 14-1008. Prohibited zones established. No license shall be issued for any place of business and no cereal malt beverages shall be sold in any place of business which is located within any residence zone or district as now or hereafter provided for or designated in the zoning ordinance of the City of Salina or any amendment thereto. (~8, Ord. 4741, 4-29-37). - 14-1009. Revocation of licenses. The governing body of the city, upon five (5) days notice to per- sons holding any such license shall revoke such li- cense for anyone of the following reasons: (a) If a licensee has fraUdulently obtained the license by giving false information in the applica- tion therefor: (b) If the licensee has violated any of the pro- visions of this ordinance or any other ordinance of the city prescribing rules or regulations relating to cereal malt beverages as herein defined; 162 LICENSES.-Cereal Malt Beverages. Ch. 14, Art. 10 in excess of 3.2% of alcohol by wei~h~.or 49"c of alcohol by volume or of any 'perceIltage or alcohol which is in fact intoxicating, nor shaU,any.sucl1 p~r- son add to any beverage which is sold or, offered for sale or in his possession iIi or about anyplace of business any alcohol or any other intoxicating liquor, norshaU any such person permit any other person in his place of business to add 'a'ny alcohol or other intoxicating liquor to any such beverage or to spike the same with, alcohol or other intoxi- cating liquor. Every licensee shall upon demand of any police officer or any other officer, of the City of Salina furnish to any such officer without com- pensation at least two 'samples of each and, every kind or character of beverage which is in the pos- session of any such licensee in any such .place of business for the purpose of examining, and testing the same. (~10, Ord. 4741, 4-29~37). ,of supply qf the beverage sold by him or in, his pos- session, '\yhen:and ~rom whom ,the same' was ''Pur- chased and: ,any ot,her information pertaining to the s~me which may be requi~ed by any such officer. (S.12, Ord. 4741, 4-29-37)- . 14-10-13. ,: Gambling prohibited. No gambling or gambling device of ahy kind shall be permitted' in any licensed premises. (~13, Ord. 4741, 4-29-37). 14.1014. Intoxication and Disorderly Conduct. No licensee shall sell or use or give away or permit the sale or use or giving away within or upon such li- censed pl'emises 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 con- duct in such premises, at any time, and the pres- ence 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, w,ith.. the permission of such licensee. (~14, Ord. 4741, 4-29-37). 14-1011. Sale prohibited in certain places. No General Retailers license shall be issued for any place of business in the City of Salina except for a room on the first or street floor of the premises or building in which such licensed place of business is located, which room shall have a clear glass win- dow through which.the entire room or rooms in 14-1015. Acceptance: Rules and Regulations. which any such place is conducted shall be at all Every person shall by his application for a license times visible from the street upon which such room under this ordinance and by the acceptance thereof fronts, and no screen, curtain, sign or other ob- when issued, be de'emedto have specifically agreed struction of any kind shall be so placed in or adja- to abide by and to be bound by all of the rules, cent to such window so as to prevent the .clear and regulations and provisions set forth in this ordi- unobstructed view of such premises from such nance' and by all other ordinances hereafter adopted street, and no dancing shall be permitted in any by the Board of Commissioners relating to and regu- such place of business; Provided, that the provisions lating any such business and the manner of sale of hereof relating to the conduct of such business on any such beverages. (SI5, Ord. 4741, 4-29-37). the street floor and th~ maintenance. of curtains, 14-1016. Licensee responsible for act of employees. screens or other obstructIons, and danCI~g, sh~ll not I Every person to whom any such license is issued apply to any pl~ce conducted under a l1cense .lss~ed shall be responsible for the acts and conducts of all to ~ny bona fIde lodge or fr~ternal organ~zatlOn persons engaged, in managing, conducting or carry- ha~mg a permanent. and ~ona fIde membersh~p and ing on such licensed business and for the acts and WhICh at the date thIS ordmance takes effect IS duly conduct of all employees engaged in carrying on organized, authorized, chartered and ,.operated ~or such business and the violation by any such person lodge and fraternal purposes, and as a bona fIde shall be deemed the act of the licensee for all of lodge or fraternal organization under the laws of the purposes of this ordinance. (~16, Ord. 4741, this state or any other state. (SII, Ord. 4741,4-29- 4-29-37). 37). 14-1012. Inspection of Premises. All premises where any business is conducted under any license issued pursuant to this ordinance shall be open for inspection by police officers of the City of Salina 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 of Salina upon demand all information relating to the source 14-1017. Cleanliness. Every place of business li- censed under this ordinance and all equipment used in connection with the sale of cereal malt beverages and all persons employed in such place of business shall be kept in a clean and sanitary condition and no person shall ~e employed in or about such busi- ness place who is not in good health, or who is af- flicted with or suffering from any infectious or, con- tagious disease. (SI7, Ord. 4741,4-29-37). . Ch. 14, Art. 10 LICENSEs'-Cereal Malt Beverages. 163 14.1018. Relationship of retailer to manufacturers, distributors, agents and wholesalers. No manufac- turer, distributor, agent or wholesaler shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishings, fixture or equip- ment on the premises of a place of business of a licensee authorized under this ordinance to sell cereal malt beverages at retail, nor shall he, di- rectly or indirectly, pay for any such license, or ad- vance, furnish, lend or give money for payment of such license, or purchase or become the owner of any note, mortgage or other evidence of indebted- ness of such licenseO\ or any form of security there- ior, nor shall sucn manufacturer, distributor or wholesaler, directly or indirectly, be interested in the ownership, conduct or operation of the business of any such licensee nor shall any manufacturer, distributor or wholesaler be interested directly or indirectly or as owner or pari owner of said prem- ises or as lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail. No manufacturer, distributor or wholesaler, shall, directly or indirectly or through a subsidiary or af- 14-1020. Penalty. Any person violating any of filiate, or by any officer, director or member of the provisions of this ordinance shall, upon convic- firm of such manufacturer, distributor or whole- tion thereof, for each offense be fined not exceed- saler, furnish, give or lend any interior decorations ing One Hundred Dollars ($100.00) or imprisoned other than signs, costing in the aggregate more I not exceeding three (3) months, or both so fined than one hundred dollars in anyone calendar year and imprisoned, and each day's continued violation for use in or about or in connection with anyone I shall be deemed a separate offense. (~20, Ord. 4741, establishment on which products of the manufac- 4-29-37). - - turer, distributor or wholesaler are sold. Any li- censee who shall permit or assent, or be a party in any way to any violation or infringement of the provisions of this secUon, shall be deemed guilty of a violation of this ordinance. No wholesaler or distributor shall sell any cereal malt beverage to any person who has not secured a license as provided for in this ordinance. (~18, Ord. 4741, 4-29-37). 14-1019. Wholesalers and/or distributors. It shall be unlawful for any wholesaler and/or distributor, his or its agents or employees, to sell and/or de- liver cereal malt beverages within this city to per- sons authorized under this ordinance to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the De- partment of Inspections and Registration of the State of Kansas authorizing such sales. (*19, Ord. 4741, 4-29-37). . ff",d Pt (9 J' & 1i-c L/112- p . J ~ 1- + , -- (-1-,...J h Df'J -l L/ 11<1 J -"-v f \ 1..\ , e . Ch. 14, Art. 11 LICENSES.-Music Machines. J.65 ARTICLE l1~Music Machines. . 14-1102. MJWc Machines'; RegUlations. It shall . .. i be unlawful for any person licensed to operate any 14-1101. License; Music Machines. That it shall i music playing machine or device as provided for in be unlawful for any person to maintain or operate: this ordinance or owning, Illnintaining 61' operating or p omit to be maintained or operated within the i any place of business where any such music phtyihg' City 0 Salina, either as principal, agent, lessee, I machine or device is kept, used or operated to play or !icen.see, 0 ne~ or in an~ other capacity, any ~~sic I pemIit the playing on or by any such machine 01' playmg ma ne or deVIce operated by deposltmg device, by meanS of records, rolls or otherwise, any coins or token without first having secured a li- obscene or indecent music or words. (~7, Ord. 4693, cense from the . y Clerk to engage in such busi- 11-4-36). ness, trade or occup ion, and for the keeping, main- . . . . , .. t . , d t' h d' d 'th t 14-1103. DefInItIOns. Wherever m thIS ordmance ammg an opera mg 0 any suc eVICe an WI au "" ' , f' t h' 'd to th 't f S I' th I' the term person IS used, It shall be deemed to Irs avmg pal e I y 0 a ma e Icense . , t th f h. d f Th . h b refer to any corporatIOn, co-partnershIp or member ax ere or as erem provl or. ere IS ere y , . . 1 . d h . t f $10 00 thereof, or any agent, representatIve, offIcer or em- eVle on every suc person a Icense ax 0 . ,. , f h h h' d' bl t ployee of any person, corporatIOn 01' co-partnershIp. per year or eac sue mac me eVlce paya e a 9 0 d 469 11-4-36 . the time such license is issued and e ry license here- (~, r. 3, ). in provided for expires on December 3 t in the year 14-1104. Violations; penalty. Any person who in which it is issued. Every license sha: show the shall violate any of the provisions of this ordinance name of the licensee, a description of the achine or who shall fail to comply with any of the require- and the location at which the machine is ke t and I ments or provisions hereof shall be deemed guilty shall not be transferable from one licensee to n- of a misdemeanor and for each offense shall be pun- other or from one location to another, but may ished by a fine of not less than $10.00 nor more transferred from one machine to another while oper- than $100.00, or by imprisonment and each day upon ated by the licensee at the same location. (~1, Ord. ! which any violation shall continue shall be deemed 4693, 11-4-36; Amd. by ~1, Ord. 4964). I a separate offense. (~10, Ord. 4693, 11-4-36). ARTICLE 12.-Loudspeakers. LICENSES.-Loudspeakers. Ch. 14, Art. 12 166 '14-1201. Advertising; Announcing; License Re- quired. There is hereby levied a license tax upon every person, firm or corporation who shall within the City of Salina, conduct, pursue, carryon or operate the calling, trade or occupation of adver- tising or announcing, by means of any loud speaker, radio or phonograph device, either in or attached to any automobile or other vehicle operated on the streets of said city or from any stationary location on private property by which the sound of such ad- vertisement 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 persons in such public street or elsewhere the advertisement or an- nouncement projected from or by means of any such device. (~1, Ord. 4948, 9-27-39). 14-1202. License Tax; Amount. The license tax levied and provided for under the provisions of Sec- tion 1 of this ordinance shall be in the sum of $3.00 per day for each loudspeaker, radio or phonograph device from which such advertisement or announce- ment is projected, and it shall be unlawful for any person, firm or corporation to use any such device within the City of Salina, and upon the public streets thereof or adjacent to any such public street until such person, firm or corporation shall have applied to the City Clerk of said city for such li- cense, and shall pay the license taxes provided for herein and shall have received a license from the City Clerk to conduct, pursue, carryon or operate within the city, for the time for which such license is paid, such calling, trade or occupation. (~2, Ord. 4948, 9-27-39). 14-1203. Operations Prohibited, Certain Hours. It shall be unlawful for any person, firm or corpora- tion to use or operate any such device as mentioned in Section 1 of this ordinance, within the City of Salina, at any time after the hour of 9:00 P. M. and earlier than the hour of 8:00 A. M. in any day, and no license issued under the provisions of this ordinance shall be deemed to permit the use thereof during any of the time when such use is prohibited by the provisions of this section. (~3, Ord. 494R, 9-27 -39). 14-1204. Violation; Penalty. Any person, firm or corporation or any agent, manager, employee or officer or member thereof who shall violate or shall cause, permit or direct the violation of any of the provisions of this ordinance shall be guilty of a mis- demeanor and upon conviction thereof shall be pun- ished by a fine of not less than $5.00, nor more than $10.00 for each offense and each occasion upon which any such violation shall occur shall be deemed a separate offense. (~4, Ord. 4948, 9-27-39). J/l"r", I .. . I (Published in the Salina Journal May 29. 1940) ORDINANCE NO. 4972 " .~ AN ORDINANCE amending Seotion 1 of Ordinance No. 4163 as amended by Seotion 1 of Ordinance No. 4964 and repealing said original sections. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas : Section 1. That Seotion 1 of Ordinance No. 4693 as amended by Seotion 1 of Ordinance No. 4964 be and the same is hereby amended to read as follows : f1 tJ., rJ }. 'I o ",cl Ji L\~S'l . "\l.,S,,..... "Section 1. bt it shall be unlawful for any person to maintain or 0 ate or permit to be maintained or operated within the City of Salina, ther as principal, agent~ lessee. licensee, owner or in any other capac , any music playing machine or device operated by deposit- ing coins or ens, without first having secured a license from the City Clerk to eng e in such business, trade or occupation, and for the keeping, maintaJ. . ng and operating of any such devioe and without first having paid to tb: City of Salina the license tax therefor as herein provided for. Ther .s hereby levied on every such person a license tax of "'$10.00 per yea or each such machine or device operat- ing and/or playing one or more r rds with a coin or ooins of the value of more than one cent or with token, and $2.50 per year for each such machine or device op erating a or playing one record with a one cent coin. Such license fees shall payable at the time suoh license is issued and every license herein pr ded for expires on Deoember 31st in the year in which it is issued. ery license shall show the name of the licensee, 8, description of the ohine and the location at which the machine is kept and shall not be ansferable from one licensee to another or from. one location to anoth but may be trant'erred from one machine to another while operated by t licensee at the same location." Section 2. That the original Section 1 of Ordinance No. 4964 amending Seotion 1 of Ordinanoe No. 4693 be and the same is hereby repealed. Section 3. This ordinance shall take effect and be in foroe from. and after its publication in the official city paper. Introduced, May 13. 1940 Passed, May 27, 1940 Attest: Chas. E. Banker City U~erlC Ed Morgenstern Kayor p1cr..'L . (Published in the Salina Journal January 17, 1941) ORDlhAiJCE NO. 4989 AN ORDINANCE ~,iliNDING Section 1 of Ordinance No. 4693 as amended by Section 1 of Ordinance No. 4972 relating to the licensing of certain music machines or devices. BE IT ORDAI1~ by the Board of Comnissioners of the City of Salina, Kansas: . Section 1. That Section 1 of Ordinance No. 4693 as ~~ended by Secti~'~Ordinance No. 4972, be and the same is hereby emended to read as follows: "Section 1. That it shall be unlawful for any person to maintain or operate or permit to be maintained or operated vnthin the City of Salina, either as principal, agent, lessee, licensee, ovvner or in any other capacity, any music pla.ying machine or device operated by deposit- ing coins or tokens, without first havinG secured a license from the City Clerk to engage in such business, trade or occupation, and for the keeping, maintaining and opel'ating of any such device and without first having paid to the City of Salina the license tax therefor as herein provided for. There is hereby levied on every such person 8- license tax of ~7.50 Der year for each such Inachine or device oDe rating and/or playing one 0/ mor'e records VIi th a coin or coins of the ;alue of more than one cent or with any token, andJ:'2. 50 per :,rear for each such machine or device operating; and/or playing one record v!i th a one cent coin. Such license fees shall be payable at the time such license is issued and every license herein provided for expires on December 31st in the year in which it is issued. ~very license shall show the name of the licensee, a description of the machine and the location at which themachi,e is kept and shall not be transferable from. one licensee to another or fron: one location to another, but may be transferred from one machine to another wnile operated by the licensee at the same loce.tion. " Section 2. That Section 1 of Ordinance No. 4972 amended by Section 1 of Ordinance No. 4693 be and the sante is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its passage and publication in the official city paper. Introduced, January 13, 1941 Passed, Jen uary 15,1941 Attest: Chas. E. Banker City Clerk Ed l"iorgenstern -.-- kayor . . - . CIi. 15,' Art., MISDElVII';ANOHS and OFFENSES.-General. CHAPTER 15...:......1\HSDEMEANORS AND ' , OFFENSES. (See 13-430, G. S. 1935) Article I.-General l\:jisdemeanors.-15-101 to 15-178. 2.-lmmoral Conduct.-15-201 to 15-216. 3.-Intoxicating Liquors.-15-301 to 15-319. 4.-Narcotic Drugs.-15-401 to 15-404. (For other misdemeanors, see general index under particular heads, such as Animals, Dogs, Building Codes, Fire Prevention, Licenses, Dances, Vehi- cles, Traffic, Streets, etc.) ARTICLE I.-General Misdemeanors. 15-101. Mayor to offer reward. That the Mayol' is hereby authorized to offer a l'eward, not exceed- ing twenty-five ($25.00) dollars, in anyone case, for information resulting in the arrest and convic- tion of any person or persons for violation of any of the criminal ordinances of the City of Salina; that such reward be paid out of the General Fund of t;aid City, as other claims are p.ayable. (Sl, Ord. 1890, 9-20-1915). 15-102. Penalty where no oUler provided. That whenever any offense is declared by ordinance of this city to be a misdemeanor and no punishment is prescribed by that or any other ordinance, the of- fender shall upon conviction be punished by im- prisonment not exceeding 90 days or by a fine not exceeding $100.00 or by both fine and imprisonment. (!l48, Ord. 635, 3-7-88). 15-103. Cruelty to animals; penalty. That every person who shall maliciously and cruelly maim, beat, torture or abuse any horse, ox, cattle or other do- mestic animal, whether belonging to himself or to another, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $50.00. (S20, Ord. 635, 3-7-88). 15-104. Animals; hogs; feeding in City; penalty. That every person who shall keep or feed or cause or permit to be kept or fed any hogs or swine within the limits of said City of Salina, Kansas, between the L;t day of April and the 1st day of October of each year shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine of not exceeding $25.00. (S39, Ord. 635, 3-7-88). 15-105. Assault and battery; penalty. Every per- Sall who shall assault or beat or wound another so as not to constitute any other offense under the ordi- nance of the City of Salina, shall be deemed guilty of a misdemeanor and shall upon conviction thereof, be punished by a fine not exceeding $100.00 or by imprisonment not exceeding 30 days or by both such fine and imprisonment. (~2, Ord. 635, 3-7-88). 15.106. Blank cartridge pilStolfl; penalty. That everype-r's(Joll \vho shall sell, barter or' give aWay' any blank cartridge pistols within the City of Salina shall be deemed guilty of a misdemeanor, and upon con- viction ,;ha1l be punished by a fine of not exceeding $10.00, (Sl, Ord. 1135, 5-19-1902). 15-107. B. B. gun" prohibited. It is hereby de- dared to be a misdemeanor for any p.erson to, dis- :hal'ge any ail' gUll or gun commonly called "B. B.," Jhooting buHets or shot, within the limits of the City of Salina, Kansas. (~1, Ord. 2019, 1-19-1917). 15-108. Violation of Sec. 15-107; penalty. Any pason uischarging any such air gun or gun com- monly called "E. B," shall, upon conviction in the police court be fined in any sum not less than $5.00 ner more than $10.00 or imprisoned in the City Jail not more than ton days or both such fine and im- pl'isullmem may be imposed. (S2, Ord. 2019, 1-19- HJl7). 15-100. Parent or guardian permitting B. B. guns; penalty. An.s: parent or guardian knowingly per- mitting a minor under his care to carry, upon the public streets or alleys of the City of Salina, an air J'un or gun commonly called, "B. B.," shall be deemed j'uilty of a misdemeanor and upon conviction thereof ,n police court shall be fined in any sum not less than $5.00 nor more than $25.00. (S3, Ord. 2019, 1-19-1917). 15-110. Stove pipe through roof or s-ides of build- ing prohibited; penalty. That any person who shall 2rect, place, run or permit to remain through the roof or sides of any building, any stove pipe, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not exceeding $50.00. (S45, Ord. 635, 3-7-1888). 15-111. Disorderly conduct; profane or indecent :anguage; exposure of person; penalty. That any person conducting himself in a riotous or disorderly manner, or who shall openly use profane or inde- cent language, or indecently expose his or her per- ,on or commit any nuisance upon any street or alley or other public place in the City shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $3.00 or more than $100.00. Ui16, Ord. 635, 3-7-88). 15-112. Disturbing peace; penalty. Every person who shall disturb the peace and quiet of the City or any lawful assembly of persons, or any church or religious meeting, or of any house, family or neighborhood or person or persons shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100.00. (Sl, Ord. 635,3-7-88). 1{j'1 168 MISDEMEANORS and OFFENSES.-General. Ch. 15, Art. 1 I 15.113. Drunkenness; intoxication;,penalty. That Elm Streets, thence east along the north line of every perso~ who shall be found intoxicated in any Elm Stre'et to its intersection with the Smoky iUll street, alley or other place in the City of Salina River, thence in a southerly direction up the west shall be deemed guilty, of a misdemeanor and upon line of the Smoky Hill River to its intersection with conviction thereof shall be punished by a fine in any the south one of Iron Avenue, thence west along sum not exceeding $100.00 or by imprisonment for the south line of Iron Avenue to its intersection not more than 30 days or by both fine and imprison- with the east line of the alley running north and ment. (~1, Ord. 2461, Amd. ~1, Ord. 2549, 7-17- zouLh between Fifth Street and Fourth Street, 1922). thence south along the east line of said alley to its intersection with the south line of W'alnut Street, ,hence west along the south line of Walnut Street to itd intenection with the west line of Seventh St]',:;et, thence north along the west line of Seventh S:recc to the point of beginning. (~1, Ord. 2959, 3-20-24) . 15-114. Food; selling decayed or unwholesome; penalty. That any person or persons who shall sell, or offer or expose for sale, any unwholesome, de- caying or stale food or provisions of any kind, or who shall sell, or offer or expose for sale any adul- terated milk, butter, lard or other article of pro- vision, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $10.00. (~5, Ord. 1040, 8-20- 1900). 15-115. F'ood; milk diluted or adulterated, or from diseased animal; penalty. That whosoever in the City of Salina, shall knowingly sell to any person or persons, or sell, deliver or bring to be manufac- tured to any cheese or butter factory in this City any milk diluted with water or in any way adul- terated, or milk from which any cream has been tak- en, or milk commonly known as skimmed milk, or shall keep back any part of milk known as strippings with intent to defraud, or shall knowingly sell milk the product of a diseased animal or animals, shall upon conviction thereof be fined in a sum not less than $25.00 nor more than $100.00. (~1, Ord. 1268, 7-17-1905). 15-116. Fire arms; discharging in City; penalty. Every person who shall discharge any firearms in the limits of the City shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than $5.00 or more than $25.00, provided that the provisions of this section shall not apply to the discharge of firearms in any licensed shooting gallery, or by any gunsmith in his trade, nor the shooting of unlicensed dogs, nor to discharge of firearms in the protection of person or property. (~5, Ord. 635, 3-7-88; See 13-425, G. S. 1935). 13-118. Violation of Sec. 15-117; penalty. That any person violating any of the provisions of the foregoing section of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof ,;hall be fined in any sum not to exceed $5.00 for each offense. (S2, Ord. 2959, 3-20-24). 15-119. .Fire hose; driving over; penalty. That any person who shall drive any buggy, wagon, om- nibu,; or other vehicle over, across or upon any hose b::longing to the City of Salina at any time or in any place shall be deemed guilty of a misdemeanor and ,;hall upon conviction be punished by a fine of not exceeding $100.00, or by imprisonment for a term not exceeding 3 months or by both such fine and mprisonment. (~28, Ord. 635, 3-7-88). 15-12.0. Gambling, letting premises to another for use a& gambling house; penalty. That every person who shall knowingly lease or let to another any room, house or other building for the purpose of 3ctting up or keeping therein any gaming tables, gambling device, machine, instrument or contriv- an,ce for gambling or gaming or for the purpose or being used as a gaming house, shall on convic- tion be fined not less than $10.00 nor more than $50.00. (Sll, Ord. 635, 3-7-88). 15-121. Gambling; keeping or maintaining gaming house or place; penalty; police authorized to enter; general reputation of house prima facie evidence. 15-117. Fireworks, firecrackers, pistols, etc.; pro- That any person or persons who shall open, keep hibited in certain part of City. That it shall be un- or maintain any gaming house in the City of Salina lawful for ,any person, at any time, to burn, set off, or suffer or permit any description of gaming or discharge, shoot or otherwise use any torpedoes, fire g~mb1ing or playing any game of chance or skill crackers or fireworks of any kind or cap pistols, for money, goons, "hht~~or-ailything blank cartridge pistols, canes or other similar arti- whatever in any dwelling house, store, grocery, des or appliances within that portion of the City I tavern, inn, tent, booth, shop or other tenement, of Salina within the following boundaries, to-wit:, building, or place by such person or persons occu- Commencing at the northwest corner of Seventh and I pied, used or possessed, shall be guilty of a mis- . Ch. 10, Art. 1 MISDEMEANORS and OF'FENSES.-General. 16~) dem~anol' and lOhall, upon conviction, be fined in any sum not less than '20.00 nor more than nOO.oo or be imprisoned not exceeding 30 days ot oy both such fine and imprisonment. Provided that the Mar- shal, Assistant Marshal 01' any Policeman of said City or any two or more of them shall have full power to enter any house of ill fame or gambling house either by day or by night for the purpose of arresting any person or persons whom such officer or officers shali have good reason to suspect guilt~ of violation of any of the provisions of Sections 6-7-8-9-10-11 and 12 of this ordinance, and shall have power then and there to arrest any such per- son or persons, and, Provided further, that the gen- eral reputation of houses of ill fame, prostitution and assignation and gambling houses or of inmates or residents or keepers thereof shall be prima facie evidence of the character of such house and persons. (212, Ord. 635, 3-7-88). . 15.122. Gambling; betting games of chance or skill; penalty. That every person or persons who shall bet or pl<!ly at any game of chance or skill for any money, goods, chattels, liquors or other valu- able thing whatsoever in said City shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in any sum not exceeding $50.00. (~13, Ord. 635, 3-7-88). 15-123. Slot Machines, etc.; penalty. Any person who shall set up or keep in any place in the City of Salina, any slot machine, or other gambling de- vice, designed or devised for the '::,l'pose of gambling or of playing any game of c,'ance for mQIley or property or which is in fact commonly used for such purpose or who shall induce or permit any per- son to use or manipulate such machine or device or shall keep any such machine or device in any place where the same may be used by others, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100.00 nor more than $500.00 for each offense or by imprisonment for not more than 30 days or by both such fine and imprisonment, and each day upon which any violation shall continue shall be deemed a separate offense. (~1, Ord. 4500, 1-14-35). 15-124. Same; Destruction by Police Chief. Upon conviction of any person or persons under the pro- visions of this ordinance, the court shall as a part of its judgment order the destruction of all slot machines or gambling devices used by or in the pos- session of the defendant, and the chief of police shall execute such judgment or order by publicly de- stroying such slot machine or other devices. (~2, Ord. 4500, 1-14-35). . 15.126. Same. It shall be the dlol.ty of the police "fficers of the City of Salina to seize and take. pos- session of any slot machines or other gambling de- vices as defined by this ordinance wherever the same may be fou.nd in the City of Salina, and to an'est 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 days after the same shall have been seized, dIe Chief of Police of said city is hereby authorized and directed to destroy any such machine without further notice to the owner thereof. (~3, Ord, 4500, 1-14-35). 15-126. Memorial Hall; Unlawful Entry. It shall be unlawful for any person to enter Memorial Hall, or any theater or public place of amusement in the Gity of Salina except the lobby or other portion "hereof for which no admission fee is charged at any time during which any entertainment or per- formance or other attraction is being held therein for which an admission price is charged, or at any cime when any such building is not open to the pub- lic, whether such entrance is made by force or by crick or device, or otherwise, without paying the r.egular admission charge or securing other lawful authority from the persons in charge thereof for such entrance. (~1, Ord. 4137, 2-23-32). 15-127. Violation of Sec. 15-126; penalty. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misde- meanOl' and upon conviction thereof shall be fined not more than $10.00 for each offense. (~2, Ord. 4137, 2-23-32). 15.128. Library; stealing or taking books from; penalty. Every person who shall steal, take and carry away from the public Library any book, pamphlet, periodical, paper or other property, and every person who shall take from the Free Public Library any such book, pamphlet, periodical, paper or other property in any manner except in accord- ance with the rules made by the Board of Directors of such Library, shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be pun- ished by a fine in the sum of not less than $1.00 nor more than $50.00 for each offense. (~1, Ord. 1027, 4-16-1900). 15-129. Library; failing to return books after notice; penalty. Every person who shall take, bor- row or obtain from the Free Public Library any book, pamphlet, periodical, paper or other property, and neglect to return the same within two weeks from the date of the mailing by the Librarian to such person's address of a notice to return the same, 170 MISDEMEANORS and OFFENSES.-General. Ch. 16, Art. 1 in accordance with the rules of the Library, shall be deemed guilty of a misdemeanor, and on convic- tion thereof, shall be punished by a fine in the sum of not less than $1.00 nor more than $10.00 by each offense. (~2, Ord. 1027, 4-16-1900). the provisions of this ordinance shall be punished by arrest and fine of not exceeding $5.00 nor less than $1.00. (~4, Ord. 966, 6-18-98). 15-135. Minors; smoking or using cigarettes or tobacco in public place; penalty. Every minor who 15-130. Library; cutting or mutilating bOoks, etc.; shall smoke or use cigarettes, tobacco or cigars in penalty. Every person who shall willfully cut, mu- any form on any public road, street, :alley, park, or tilate, mark, tear, write upon, deface, or otherwise other lands used for public purposes within said injure or destroy, in whole or in part, any book, City of Salina, or in any public place of business pamphlet, periodical, map, document, picture, or I within said City, shall be deemed guilty of a mis- written or engraved or printed paper, belonging to demeanor and upon conviction thereof in the police the Free Public Library, or shall suffer any such court of said City shall be fined in any sum not more injury to be inflicted while such property is in his than $10.00 for each offense. (~3, Ord. 1951, 6-10-16). custody, or shall wilfully injure or deface any of the furniture or property in the rooms of the Li- brary, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in the sum of not less than $1.00 nor more than $100.00. (~3, Ord. 1027, 4-16-1900). 15-131. Library; copy of ordinance and rules to be posted. A printed copy of this ordinance and of the Rules of the Library, shall be kept posted in a conspicuous place in the Reading Room of the Li- brary. (~4, Ord. 1027, 4-16-1900). 15-132. Minors; loitering or playing on streets> after certain hours. It shall be unlawful for any minor under the age of sixteen years to loiter or play upon, or ramble or frequent the streets, alleys, or other public places within the corporate limits of the City of Salina, after the hour of ten o'clock P. M. between the first day of March and the first day of October, and between the first day of October and the first day of March after the hour of nine o'clock P. M. unless such minor is accompanied by parents, guardian, or other person having custody of such minor, or is in the performance of an errand or duty directed by such parents, guardian, or legal custodian, or where the duty or employment makes it necessary to be upon such streets or other public places during the night or after the hours herein specified. (~1, Ord. 965, 5-18-1898). 15-133. Minors; parents and guardians not to per- mit loitering or frequenting streets. It is hereby made unlawful for any parent, guardian, or person having the legal custody or care of :any such minor under the age of sixteen years to allow or permit such minor to be upon, loiter about or frequent the streets, or alleys, or such public plac-es, within the corporate limits of the City of Salina, after the hours specified in Section One of this ordinance. (~2, Ord. 965, 5-18-98). 15-134. Violation of Sees. 15-132 and 15-133; pen- alty. Any person found guilty of violating any of 15-136. Minors; furnishing cigarettes or tobacco to, or permitting to frequent place for purpose of using same; penalty. Every person who shall furnish cigarettes, cigars or tobacco in any form to any minor person, or who shall permit :any minor person to frequent any premises owned, held or managed by him, for the purpose of indulging in the use of cigar- ettes, cigars or tobacco in any form, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $26.00 nor more than $100.00. (~4, Ord. 1951, 6-10-16). 15-137. Medicines; distributing or throwing sam. pIes of; penalty. It is hereby declared to be a mis- demeanor for any person to throw, deposit, scatter or drop or to cause to be thrown, deposited, or scat- tered or dropped, upon the streets, or on the side- walks, or in the yards or on the porches or premises of any private dwelling in the City of Salina any sample of -any drug, medicine or nostrum, and any person violating the provisions of this ordinance shall upon conviction thereof, be fined in any sum not exceeding $25.00. (~1, Ord. 1605, 4-17-11). 15-138. Posting bills, signs, etc., on poles or other public or private property; penalty; exceptions. It shall be unlawful for any person to post any signs, bills, dodgers, advertisements or notices of any kind or character, of :any material whatsoever, upon any telephone, telegraph, electric light or street railway pole, or upon any pole erected for the purpose of carrying the wires of any public utility, or upon any lamp post, hitchingpost, 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 ground within the City of Salina; or upon any house, building, fence or struc- ture of any kind upon any private ground within ;the City of Salina, except by the consent of the owner thereof. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $1.00 . . . Ch. 15, Ari.l MISDEMEANORS and OFl<'ENSES.-General. 171 1wr more than $100.00 for each offense.' Any sign, bill, dodger, advel'tisement or notice posted or main- tained in violation of, this ordinance shall be torn d0wn and removed by the Chief of Police or by any Policeman at his direction. This section shall not apply to notices posted by order of the Board of Health or the County Health Officer in the discharge of any official duty nor to the posting of legal ad- vertisements at places required or designated by law or by ordinance. (S2, Ord. 833, Amd. by sl, Ord. 3066, 2-9-1925; See 13-409, G~ S. 1935). 15-139. Posters and biils; tearing down when lawfully posted; penalty. That any person who shall tear down, deface, mutilate, obscure or otherwise in- jure any written or printed poster or hand bill or other advertisement which shall have been lawfully po;;ted, nailed or otherwise posted for a lawful pur- pose within the City, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one nor more than twenty-five dollars. (S4, Ord. 1040, 8-20-00). enclos.ure or improvement of any kind thereunto belonging, or in any, manner do injury thereto; or shall sever. or destroy, or in any manner wil- fully injure any tree, shrub or other produce there- of thei'ein growing for use, shade or ornament, shall be deemed guilty of a misdemeanor and, upon con- victiOll thereof, shall be punished by a fine of not less than $1.00 nor more than $25.00. (SI, Ord. 10'10, 8-20-00). 15-144. Property on public streets; lamp posts, fountains, etc.; injuring or defacing; attempt; pen- alty. That any person who shaH injure or deface any lamp post, watering trough, fountain or other work or ornament or utility erected or authorized by the authority of the City in or upon any of the 5t1'eets or public places of the City or attempt to in- jure or deface the same or fasten any horse or other animal to the same, except to public hitching posts 01' frames constructed for that purpose shall be deemed guilty of a misdemeanor and shall upon cOllvidion be punished by a fine of not exceeding $25.00. (s24, Ord. 635, 3-7-88). 15-HO. Post office; loafing or lounging in, or using indecent or obscene language; penalty. It shall 15-145. Property, hydrants and water pipes; be unlawful for any person to loaf, lounge or utter opening, injuring, meddling with; penalty; excep- any loud indecent or obscene language in or about tions-. That any person who shall open any hy- the Post Office building or Post Office lobby in drant or unloose the bolts, screws or fastenings the City of Salina, Kansas. Any person violating thereof or put anything therein, or wilfully, wan- any of the provisions in this section shall be pun- tonly or carelessly injure any water pipes, or wan- ished by a fine not less than $5.00 nor more than tonly or mischievously handle or meddle with the $100.00. (sl, Ord. 427, Amd. by SI, Ord. 548, 4-27- ,;ame or any part thereof within the limits of the 1887). City of Salina shall be deemed guilty of a mis- 15-141. Publications; magazines, etc., devoted to demeanor and shaH upon conviction thereof before scandals, immoral conduct, etc. Every person who the Police Court be punished by imprisonment for a shall within the City of Salina, Kansas, publish, term not exceeding 3 months or by a fine not ex- circulate, sell or offer for sale any newspaper, cGeding $100.00 or by both such fine and imprison- pamphlet, magazine or any other printed paper de- ment, provided, that the provisions of this section voted largely to the publication of crimes, scandals, with reference to opening and unloosening any bolts lechery, assignations, intrigues between men and or screws and parts of such hydrants or insertion women and immoral conduct of persons, shall, upon of anything therein, shaH not apply to the Salina conviction be punished as hereinafter provided. (SI, Water Works Company, its agents, successors or Ora. 792, 1-18-92). i assigns, the members of the Fire Department of the 15-142. Violation of Sec. 15-141; penalty. Any City, the officers or authorities of said City or to per~on violating any of the provisions of this ordi- any person having lawful authority to open, repair, nance shall upon conviction be punished by a fine touch or control or use the same. (S25, Ord. 635, in any sum not exceeding $100.00 or by imprison- 3-7-88. See also ~ 22-601). ment, not exceeding three months or by both such fine and imprisonment. (S3, Ord. 792, 1-18-92). 15-1.13. Property; injuring or defacing; penalty. That any person who shall wilfully deface or in- jure any house, shop, store, or other building, or any door, window, awning or other thing pertaining t:J a part of such house, shop, store or other build- ing; or sever therefrom, or from any premises there- to appertaining any gate or other portion of any 15-146. Railroad cars, etc.; hopping on or inter- fering with same or with property in care of rail- road; penalty. That it shall be unlawful for any person, adult or minor to climb, jumb, step, stand upon, cling to or in any manner attach himself to any locomotive, engine or car, either stationary or in motion belonging to any railroad company, except when on business with such company or to interfere with anything belonging to said engine or car as 172 MISDEMEANORS and OFFENSES:-General. Ch...15,Art. 1 aforesaid on any railroad in. the- City or Salina; or to 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 com- pany and any person violating any provision of this section shall be punished by a fine of not less than $3.00 nor more than $25.00. (~29, Ord. 635, 3- 7-88). 15-147. Railroad company or employee; obstruct- ing streets with trains, etc.; penalty. That it shall be unlawful for any railroad company or any em- ployee of any railroad comp:any to obstruct public travel upon any street, avenue, alley or public place in said City by operating its trains, engines, cars and other machinery for a longer period than 5 minutes at anyone time and any conductor, engineer, brakeman, agent or other employee who shall cause such obstruction or who shall fail, neglect or re- fuse to remove the same, shall be guilty of a mis- demeanor and shall upon conviction be punished by a fine of not exceeding $100.00. (~30, Ord. 635, 3-7-88) . 15-148. Railroad crossings; unlawful to disobey stop signals; penalty. Every driver of a vehicle and every pedestrian on the streets of the City of Salina when approaching a railro:ad crossing shall stop in obedience to any standard "stop" signals or warn- ings given by a watchman or flagman stationed in plain view at such crossing, and shall not thereafter cross or attempt to cross such crossing until by standard signal signaled so to do by such watchman or flagman. Any person wilfully violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of shall be fined in any sum not exceeding $50.00 (~1, Ord. 2638, 1-8-21). 15-149. Resisting officer; penalty. That any per- son who shall resist any officer in the discharge of his duty within the limits of said City shall be deemed guilty of a misdemeanor and shall be upon conviction punished by a fine not exceeding $100.00. (~43, Ord. 635, 3-7-88). 15-150. Riots; causing or participating in; pen- alty. Every person who shall cause or participate in any riot, riots, disturbance, affray or disorderly as- sembly, shall be deemed guilty of a misdemeanor and shall upon conviction be punished by a fine not exceeding $50.00. (~3, Ord. 635, 3-7-88). or_ other public highway or thoroughfare in the City of Salina, Kansas, or in any such place that the same will run or drain into or upon any such side- walk pavement or gutter, any salt -water, salt or ice and salt, or salty solution, substance or liquid, com- monly used in freezing or packing ice cream, ices and other similar products. (~1, Ord. 3,124, 7-11- 25). 15-152. Violation of Sec. 15-151; penalty. Any person, firm or corporation, either acting for him- self or itself or as the agent, representative, em- ployee or member, officer or manager of any such person, firm or corporation who shall violate any of the provisions of the preceeding section of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $25.00 for each offense. (~2, Ord. 3124, 7-11-25). 15-153. River, boating on. That boating or canoe- ing on the Smoky Hill River from the south line of the Iron Avenue bridge across said river to the dam across said river north of said bridge, adjacent to the present location of the Western Star Mill be and the same is hereby prohibited and any person >vho shall row, propel or drive or who shall permit ~he rowing, propelling or driving of any boat or ~anoe in any manner whatsoever on said Smoky Hill River within the limits above defined shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined in any sum not less ~han $5.00 nor more than $25.00. (~1, Ord. 3137, 8-5-25) . 15-154. Oil and greaS'e; unlawful to poor in ;ewers or river. That it shall be unlawful for any person, firm or corporation or for any member, of- ficer, agent or employee thereof in the City of Salina, Kansas, to place, run, pour or drain into any "ewer or to cause or permit the placing, running, pouring or draining into any sewer or into any :;treet, 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 what- soever. (~1, Ord. 4726, 3-8-37). 15-155. Violation of Sec. 15-154; Penalty. That any person, firm or corporation or any member, officer, employee or agent thereof who shall violate any of the provisions of this ordinance shall be 15-151. Saltwater on pavements, etc. That it deemed guilty of a misdemeanor and upon con- shall be unlawful for any person, firm or corporation viction thereof shall be fined not less than $100 to pour, dump, place or throw, or to cause to be nor more than $500 for each offense and for a poured, thrown, placed or dumped into or upon the I second or any subsequent conviction of the same sidewalk pavement or gutter in any street, alley i offense shall be punished by a fine not less than . . . Ch. 15, Art. 1 MISDEMEANORS and OF'FENSES.-GeueraI. $100 nor more than $500 aod by impriaoulD.fUl.t far not less than one day nor mm.'a than thirty day:! for each offense. (~2, Ord. 4726,3-8-37). 15-156. Sidewalks; streets; encroaching on or ob. structing. That every person who shall obstruct or encroach upon any sidewan., street, avenue, alley or other public property in said City shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $100.00; Pro- vided that wherever any obstruction may be found upon any sidewalk, street, avenue, alley or in other public places in tlae City, it sh.a.l.I be the duty of the Marshal immediately to notify the owner or oc- cupier of the premises fronting thereQJl or the :per_ son placing the same thereon to remove the same without delay, aDd upon failure s.o to do the Mar- shal shall have the obstruction removed &t the ex- pense of the owner 01' occupiers of the property and such expenses, if not paid, shall be a valid claim in favor of the City against such persons, and pro- vided further that persons occupying premises froat- ing thereon shall be permitted to occupy a space not exceeding 3 feet wide on the inside of such walk for the purpose of displaying goods between the hours of 5 A. M. and 10 P. M. and may have such temporary use of the streets and sidewalks as shall be actually necessary in receiving and shipping merchandise, and provided further that any person erecting buildings in the City may for the time oc- cupied 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 matel'ials, but in no ease shall he obstruct the gutter so as to pnvent the passage of water thereon, 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, construet a tem- porary sidewalk not less than 3 feet wide for the public travel and convenience; and in case of open basements or other excavations the owner or occu- pier of the property upon which the same are situ- ated or the person in charge of the excavation shall provide the same with sufficient guards to protect against accidents. (~31, Ord. 635, 3-7-88). 15-157. Sidewalks; snow and ice removed; penalty. That any person being the owner, occupant or agent of any premises fronting or abutting on any street or avenue of said City, and there being a sidewalk on either side or end of said premises, who shall not, within three hours after being notified by the City Marshal so to do, remove all snow, ice or dirt from said sidewalk shall be deemed guilty of a mis- d~meanor, and, upon conviction thereof, shall be pun- ished by a fine not exceeding $10.00. (92, Ord. 1040, 8-20-1900; See 13-426, 13-440, G. S. 1935). 15.158. Sidewalks; riding or driving over; penalty. That every person who shall ride or drive over or upon any sidewalk with any horse, cattle or vehicle or shall wHfuIly injure or destroy any sidewalk shall be deemed guilty of a misdemeanor and upon con- viction shall be punished by a fine of not exceed- ing $50.00. (935, Ord. 635, 3-7-88). 15.159. Stakes or monuments marking boundaries or establishing grades removal; penalty. That any person or persons who shall injure, uncover, dig up, pull up or in any manner i'emove, deface or destroy any stake, stone or monument established or lo- cated in any place in said City for the purpose 01 marking the boundary of any lot, street, avenue, alley or public ground of said City, or established 01' located for the purpose of determining the loca- tion of grades, shall be deemed guilty of a misde- meanor, and, upon conviction thereof, shall be pun- ished by a fine in any sum not exceeding $10.00. (~7, Ord. 1040, 8-20-00). 15-160. Stealing; money or property under $20.00; penalty. That every person who shall, in the City of Salina, steal, take and carry away any money or personal property or effects of another, under the value of $20.00 (not being the subject of grand larceny without regard to value) shall be deemed guilty of petty larcency and on conviction before the Police Court shall be punished by imprisonment not exceeding 3 months or by fine not exceeding $100.00 or by both such fine and imprisonment. (942, Ord. 635, 3-7-88). 15-161. Stealing fl'uit; penalty. That if any per- son or persons shall malieiously or mischieviously enter the enclosure of any person in the City of Salina and pick, destroy or carry away any apples, pears, peaches, plums, grapes or other fruit of any : tree, shrub or vine, he shall be deemed guilty of petty larceny and upon conviction thereof before the Police Court shall be punished by imprisonment not exeeeding 3 months or by a fine not exceeding $100.00 or by both such fine and imprisonment. (~41, Ord. 635, 3-7-88). 15-162. Stolen property; receiving; penalty. Any person who shall buy or in any way receive any goods, money or personal property of any kind, that shall have been stolen, embezzled or obtained from another in any manner contrary to law, such per_ son, knowing that such goods, money or personal 17:3 174 MISDEMEANORS and OFFENSES.--:-General. Ch. 15, Art; 1 praJ;lertr has been sa abtai~ed" stalen .or embe,zzll'!d, I between ,the ha,:rs af9a'cla~k A. M. and 9 a'cla-ck shaH be deemed guilty .of 1I misdemeanar and if- any I'P.' M. ,the carcasS' .of any dead animal, .01' any af- such persarishall buy .or receive any-gaads, money: fensive .offal; .or wha shall between said haul's lead, .or persanal praperty sa stalen, embezzled .or ab- I drive .or cause ta be led .or driven thraugh the tained fram a minar under the age' .of 16 years,! streets .or alleys .of said City any animal suffering such fact' shall be prima facie evidence .of knuwl-I with .or having any cu~tagiuus .or. dangeraus dis- edge, an the part .of such persan that the guuds, , ease, snaU be deemed gUIlty .of a misdemeanar, and, maney .or persunal praperty sa buught .or received I upan cunvictian there .of, shall be punished by a fine were stulen, embezzled .or .obtained in a manner can- .of nat mare than twenty-five dallal'S. (S6, Ord. 1040, trary ta law. (Sl, Ord. 1939, 4~25-16). 8-20-00). 15-163. Vialatian .of Sec. 15-162; penalty. Any per san faund guilty .of viulating the pruvisians .of Sectiun 1 hereuf shall be deemed guilty .of a mis- demeanar and shall be fined in any sum nut less than $25.00 nul' mare than $100.00 .or imprisuned nat less than 10 nul' mare than 60 days .or by bath such fine and imprisanment. (S2, Ord. 1939, 4-25- 1916) . 15-164. Streets and sidewalks; sweeping inta .or upon; penalty. It shall be unlawful fur any persan whamsaever ta sweep, thruw .or depasit, in any man- ner, .or cause the same ta be ,dune up un any side- walk, bridge .or street, .or in .or upan any alley, avenue .or public park, .or gruund, .or intu .or upun any lat, .or piece .of gruund within the City .of Salina, whether such lat shall belung ta himself .or anather, any shavings, paper, paper cuttings, envelupes, wrappers, wrapping paper, bills, dudgers, ,advertise- ments, .or any scraps, .or anything whatsuever, which can be, .or is likely tu be blawn by the wind alung the streets .or walks, .or fram place ta place. Any persun vialating any .of the pruvisiuns .of this sec- tian, shall upun canvictiun thereuf, be punished by a fine, .of nat less than $1.00 nul' mare than $100.00 far each .offense. (S3, Ord. 833, 6-23-1893). 15-165. Streets, alleys and public graunds, placing earth, rubbish, etc., in; cansent .of city; penalty. It shall be unlawful far any persun tu place any earth, dirt, filth, trash, rubbish .or refuse substances .of any kind, whatsaever, .or cause the same ta be dune upan any street, alley, sidewalk, bridge .or public graunds in the City .of Salina, withaut first .ob- taining the cunsent .of the City Cauncil su ta da. Any per san wha shall viulate any .of the pravisians .of this sectian, shall upun cunvictian there .of, be punished by a fine .of nat less than $5.00 nul' mare than $100.00 far each .offense. (S4, Ord. 833, 6- 23-93) . 15-167. Streets; depasiting dead animals, filth, etc., il\; nuisance; penalty. It is hereby declared ta be a public nuisance far any per sun ta place any carcass .of dead animals, decayed vegetables, filth, 'cast .off clathing .or ather matter likely ta create sickness, .or in any way prave detrimental ta the publie health, up an any street .or alley in the City and any vialatiun .of the pravisian .of this sectian is hereby declared a misdemeanar and shall be pun- ished by a fine .of nat less than $1.00 .or mure than $25.00. (S4, Ord. 702, 5-13-89). 15-168. Glass in street. That it shall be unlaw- ful fur any per san ta thraw .or place .or cause tu be thruwn .or placed any buttles .or glass .of any kind .or descriptiun in .or upan any part .of any street .or alley in the City .of Salina .or tu leave, .or cause .or permit ta be left un anY street .or alley any bat- tles .or glass .of any kind .or descriptiun, placed .or thr.own, .or caused .or permitted by them ta be placed .or thrawn in any such street .or alley, and when any glass is placed, thruwn .or left in any street as a result .of the calli sian .of any autumabile .or vehicle with any .other autamabile .or vehicle .or .other thing, the driver .or drivers .of any such autamubile .or vehicle, .or autumabiles .or vehicles, shall be deemed respunsible fur the placing, thruwing .or leaving .of such glass in such street, whether .or nut such persun is respunsible fur such cullisiun, unless such driver .or drivers immediately thereafter cause such glass ta be swept up and campletely remuved frum such street. (Sl, Ord. 3358, 4-16-27). 15-169. Vialatian .of Sec. 15-168; penalty. That any person wha' shall viulate .or cause .or permit the viulatian .of any .of the pravisians .of this .ordinance shall be deemed guilty .of a misdemeanur and upan cunvictiun shall be punished by a fine in any sum nat less than $5.00 .or mure than $100.00 .or by im- prisanment nat mare than 30 days, .or by buth such fine and imprisunment. (S2, Ord. 3358; 4-16-27). 15.166. Streets; carcass .of animal .or .offal; dis- eased animals; penalty. That any persun .or per- 15-170. Sunday; selling merchandise, etc.; pen- sans wha shall drag .or cause tu be dragged alang alty; exceptians. That every persan whu shall sell any street, avenue .or alley .of the City .of Salina I .or expuse ta sale any gaads, wares .or merchandise . Ch. 15, Art. 1 MISDEMEANORS and OFFENSES.-General. on the 1st day Qf the week commonly called Sun- day shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of not ex- ceeding $50.00, Provided that this section shall not be construed to prevent the sale of drugs or medi- cines, provisions or other articles of immediate ne- cessity. (~19, Ord. 635, 3-7-88). . 15-171. Trees; injuring; hitching horses; penalty. That every person, except the owner, who shall cut or in any way injure any tree or sapling standing or growing in any of the streets, alleys, or public places belonging to or within the City limits of Salina or hitch or cause to be hitched any horse, mule, ox or other animal to any such trees or sap- lings standing or growing as aforesaid or to anJ' boxing which may be placed around said trees 01' saplings for their protection shall be deemed guilty of a misdemeanor and upon conviction shall be pun- ished by a fine of not exceeding $25.00. (~38, Ord. 635, 3-7-88). <: c' .:, 15.172...... Vagrancy; loitering; penalty. That if any person shall be found loitering or idling in 01' around any house of ill fame, gambling house or place where beer, ale, wines or liquors are sold or drank or in or around any street or public place of said City, without any visible means of support or refusing or unable to show satisfactorily his or her mode or means of gaining a livelihood to be legiti- mate and honest, such person shall be deemed a vagrant and upon conviction thereof shall be pun- ished by a fine not less than $1.00 nor more than $100.00 or by imprisonment in the City prison not less than 5 nor more than 30 days or by both such fine and imprisonment. (~22, Ord. 635, 3-7-88; See 13-425, G. S. 1935). COUl't of said City, shall be deemed guilty of a mis- demeanor and shall be punished by a fine not ex- ceeding One Hundred Dollars or by imprisonment not exceeding three months or by both such fine and imprisonment. (~1, Ord. 651, 5--16-1888). 15-175. Aiding or abetting escape; penalty. Any person or persons who shall aid, abet or assist any person to escape, who is lawfully held in charge by the Marshal or any Policeman of said City, or anJ' other person having legal charge and custody of said person, by virtue of any of the ordinances of said City, or Judgment of the Police Court of said City, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding One Hundred Dollars, or by imprisonment not exceeding three months, or by both such fine and imprison- ment. (~2, Ord. 651, 5-16-1888). 15-176. Taxi-cab drivers, etc., soliciting prohibited; blocking depot platforms; penalty. That any per- son soliciting for hotels, soliciting for or having charge of any wagon, hack, omnibus or any other vehicle, used in the transportation of passengers, merchandise or baggage to or from the depots in this city, who shall leave said vehicle used there- fore, for the purpose of soliciting, the carrying of passengers, merchandise or baggage, or enter upon the platforms, landing or rooms about said depots, buildings or solicit guests for hotels, boarding- houses or inns, or in any way impede or block up the platforms or landings, about said depots, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined not less than Five Dollars or more than One Hundred Dollars. (~1, Ord. 653, 5-16-1888). 15-177. Oakdale Park; entering without permis- 15-173. Weapons; carrying concealed; penalty. sion during entertainment. That from and after the That any person who is not an officer of the law, publication of this ordinance, it shall be unlawful or a deputy to such officer, who shall be found for any person or persons to enter into or upon the within the limits of this City carrying on his per- grounds known as Oakdale Park in the City of son in a concealed manner, any pistol, bowie-knife, Salina, Kansas, during the time of any entertain- dirk, sling-shot, knucks, or any other deadly weapon ment being held in said park for which a charge is shall be guilty of a misdemeanor, and on conviction made at the gates thereof, without permission for be fined in a sum not exceeding $100.00 or by im- said entrance from the gate-keeper or other per- prisonment not exceeding three months, or by both son authorized to admit persons into said park at such fine and imprisonment, at the discretion of the such time. (~1, Ord. 1010). court. (~21, Ord. 635; Amd. ~1, Ord. 1312, 6-18-06). 15-178. Violation of Sec. 15-177; penalty. Any 15-174. Escape from officer; penalty. Any per- pe"'son violating the provisions of this ordinance son who shall escape by the use of force or other-/ shall be deemed guilty of a misdemeanor and upon wise from any officer of the said City of Salina, conviction therefor in the Police Court, shall be or other person having legal charge of said person I fined in any sum not exceeding Ten Dollars. (~2, by virtue of any ordinance or judgment of Police Ord. 1010). . 175 . (Published in the Salina Journal July 23. 1943) ORDINANCE NO. 5033 AN ORDINANCE relating to and defining the offense of Vagrancy and pro- viding a penalty for the violation of said ordinance and repealing Section 22 of Ordinance No. 635 of the City of Salina. being Section 15-112. Revised Ordinances 1939. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Vagrancy. Azly person engaged in any unlawful calling or who shall be found loitering or idling without visible means of support any place in the City of Salina, or 'Who shallbe found idling or loitering in said oity without being engaged in any legitimate business, or who being wi thout 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 aDy 8nployed workmen, or to employers or labor, shall be deemed a vagtant. . Section 2. Vagranc~. Any person who may be found loitering around an opium. den or resort of any kind for drug habitues. or where morphine, 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. spoon cr other instrument to be used in taking of narcotics, shall be deElllled a vagrant. Section 3. Vagrancy. .A:ay person, male or female, who knOwingly associates with persons having the reputation of being thieves, burglars, pickpockets, prostitutes. immoral ~en or gamblers, or who lodges in or frequents houses or other places having the reputation of being the resort of thieves, burglars, pickpockets, prostitutes or ~oral women, or gambling houses or places for the reception of stolen property, shall be deemed a vagrant. Section 4. Vagrancy. Pandering. Any person who shall act as a p:bnp, procuror, or .olioitor for any bawdy-house, house of ill fame, or house of assignation, or any male lodger in any such plaoe, or any male person who shall solioit business for such plaoes or for any prostitute, shall be deemed a ngrant. Seotion 5. Vagranoy. Veneral Diseases. .A:ay person examined by a public health offioer pursuant to rules of the Kansas state Board of Health and found to be infected with any communioable disease of syphilis, gonorrhea or ohanoroid, shall be deemed a vagrant. . -~ 'lo. .. . Section 6. Vagranoy. Solioiting Alms. Any person begging or selling inexpensive artioles as a beggar. or playing a musioal in- strument and solioiting funds from the publio there1"r. shall be deElllled a vagrant. Section 7. .Any person who shall violate any provisions of the preceding sections of this ordinanoe shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not to exceed .500 or by imprisolJDlent in the oity jail for not to ex- oeed six months or by both suoh fine or m.prisoIDl1ent. Section 8. That Section 22 of Ordinance No. 635. being Section 15-172. Revised Ordinance 1939. be and the same is hereby repealed. Section 9. This ordinance shall take effect and be in foroe from and after its publication in the official city paper. Introduced. June 15. 1943 . Pas sed. July 19. 1943 Ed Morgenstern Kayor Attesta Chas. E. Banker City Clerk ,. . . . eh. 15, Art. 2 MISDEMEANORS anti OFFENSES.-Immoral Conduct. 177 ARTICLE 2.-Immoral Conduct. (See 13-430, G. S. 1935) 15-201. House of prostitution; keeping; occupant or owner of premises; penalty. That any occupant or owner of any premises, land, lot or building in said City who shall keep or suffer to be kept on said premises, land, lot or in said buildings, any house of prostitution, house of ill-fame, house of assignation, brothel, bawdy house, or any house of like character shall upon conviction thereof be fined in any sum not less than $25.00 and not more than $100.00. (~6, Ord. 635, 3-7-88). 15-202. Letting or leasing premises for use as house of prostitution; penalty. That any person, either occupant, owner, agent or otherwise who shall lease or let any premises, land, lot or building in said City for the purpose of having kept there in any house of prostitution, house of ill-fame, house of assignation, brothel, bawdy house or houses of like character or who shall ascertain that the said premises, land, lot or building is to be occupied or used and shall fail or neglect to immediately oust the occupants thereof, shall upon conviction thereof be fined in any sum not less than $50.00 nor more than $100.00. (~7, Ord. 635, 3-7-88). 15-203. House of prostitution; keeping or assist- ing; penalty. That any person who shall keep or maintain and any person who shall assist in keep- ing or maintaining in said City any house of prosti- tution, house of ill-fame, house of assignation, brothel, bawdy house or house of like character shall upon conviction thereof be fined in any sum not less than $25.00 nor more than $100.00 or by im- Pl'isonment not exceeding 3 months or by both such fine and imprisonment. (~8, Ord. 635, 3-7-88). 15-204. Inmate of house of prostitution; penalty. That any person who shall reside in or be an inmate of any house or building in the City of Salina for the purpose of prostitution, or illicit sexual inter- course, shall upon conviction therefor be fined in any sum not less than ten nor more than One Hun- dred Dollars. (~9, Ord. 635; Amd. ~1, 1874, 8-16-15). 15-205. Inmate or visitor of such house; penalty. That any person, either male or female, who shall reside in or be an inmate of any house of prostitu- tion, house of ill-fame, house of assignation, brothel, bawdy house, or house of like character in said City, and any person who shall visit any such house for the purpose of prostitution, or illicit sexual inter- course, shall upon conviction thereof be fined in any sum not less than ten nor more than One Hun- I dred Dollars; provided that if any person shall be found visiting any house of prostitution, ill-fame, brothel, house of assignation, bawdy house, or houses of like character, it shall be prima facie evi- dence of having visited it for said purposes, but said person may exculpate himself or herself by reasonable proof. (~10, 635; Amd. ~2, 1874, 8-10- 15). 15-206. General reputation of house prima facie evidence. The general reputation of any such houses mentioned in the foregoing sections or of its in- mates or residents thereof shall be prima facie evi- dence of the character of such house and persons. (~6, Ord. 190, 12-18-76). 15-207. Police authorized to enter house. The Marshal, Assistant Marshal or any Policeman of said City or any two or more of them shall have full power and authority to enter any of the said houses mentioned in this ordinance either by day or by night for the purpose of arresting any person or persons. Such officer or officers shall have good reason to suspect such person guilty of violating any provision of this ordinance and shall there and then arrest such person or persons. (~7, Ord. 190, 12-18-76; See also 15-121). 15-208. Prostitutes; wandering on streets; solicit- ing patronage. It shall be unlawful for any prosti- tute or lewd woman or any woman who is an in- mate of a bawdy house, house of prostitution, house of assignation, brothel, or house of bad repute, to be found wandering about the streets or thorough- fares of the City or to frequent any gambling house, or for the purpose of prostitution to solicit patron- age on the streets or public places of the City. (~1, Ord. 702, 5-13-89). 15-209. Procurer or procuress; convey prostitute. It shall be unlawful for any procurer or procuress, pimp or male person to employ, procure or convey any prostitute to any house, room, public ground or any other place for the purpose of prostitution. (~2, Ord. 702, 5-13-89). 15-210. Violation of Sees. 15-208 and 15-209; pen- alty. Any person convicted in the Police Court of violating either of the preceding sections shall be punished by a fine of not less than $10.00 nor more than $100.00. (~3. Ord. 702, 5-13-89). 15-211. Procurer or procuress; soliciting for pros- titute. It shall be unlawful for any procurer or pro- curess, pimp or male person to in any manner solicit 178 MISDEMEANORS and OFFENSES.-Immoral Conduct. Ch. 15, Art. 2 business or trade for any prostitute or lewd women or other women for the purpose of illicit sexual intercourse. (~1, Ord. 1862, 7-16-15). 15-212. Violation of See. 15-211; penalty. Any person violating any of the provisions of this ordi- nance shall be fined in any sum not less than twenty- five dollars nor more than one hundred dollars or by imprisonment not less than thirty days nor more than ninety days, or by both such fine and imprison- ment. (~2, Ord. 1862, 7-16-15). 15-213. Occupying room, etc., for immoral pur- pose; man and woman not married to each other; penalty. That any man and woman not married to each other who shall lewdly and lasciviously abide and cohabit together in the City of Salina, or who shall whether on one or more occasions sleep in, occupy or frequent the same house, building, apart- ment, room or place for lewd and lascivious pur- poses in the City of Salina, shall each be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment. (~1, Ord. 2550, 7-18-22). within the limits of the City of Salina, any persons to any place within or without the limits of said City for the purpose of permitting such persons to engage in illicit or unlawful sexual intercourse. (~1, Ord. 2836, 7-31-23; see also 14-641 to 14-644). 15-215. Taxi-cabs; use or permission for use for immoral purposes. That it shall be unlawful for any person owning, operating, driving or maintaining any taxi-cab, automobile, or other vehicle or con- veyance, to use or permit the same to be used for the transportation, carrying or conveying, within the City of Salina, 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 said City, or to permit or allow any persons to engage in illicit or unlawful sexual intercourse in or on such taxi-cab, automobile or other vehicle or con- veyance, or any part thereof. (~2, Ord. 2836, 7- 31-23; see also ~~ 14-641 to 14-644). 15-216. Violation of Sees. 15-214 and 15-215; penalty. That any person violating any of the pro- visions of two preceding sections of this ordinance or either of them shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any 15-214. Taxi-cabs; transporting persons for im- sum not less than $25.00 and not more than $100.00, moral purposes. That it shall be unlawful for any I or imprisoned not less than thirty days nor more person to carry, transport, or convey, in any taxi- I than ninety days, or shall be subject to both such cab, automobile or other vehicle or conveyance, I fine and imprisonment. (~3, Ord. 2836, 7-31-23). . . . Ch. 15, Art. 3 MISDEMEANORS and OFFENSES.-Intoxicating Liquors. ARTICLE 3.-Intoxicating Liquors. 15.301. Sale of liquors unlawful. It shall be un- lawful for any person to sell or barter any spiritu- ous, malt, vinous, fermented or other intoxicating liquors, in the City of Salina. (U, Ord. 1418 Amd.; ~1, Ord. 3074, 2-23-25). (~2 Repealed). 15.302. Intoxicating liquors defined. All liquors mentioned in Section 1 of this ordinance, and all other liquors or mixtures thereof, by whatever name they may be called, that will produce intoxication, shall be held to be intoxicating liquors within the meaning of this ordinance. (~3, Ord. 3074, 2-23-25). 15-303. Giving away deemed sale. The giving away of intoxicating liquor, or any shift or device to evade the provisions of this ordinance, shall be deemed an unlawful selling within the meaning of this ordinance. (~4, Ord. 3074, 2-23-25). 15.304. Keeping place. It shall be unlawful for any person to keep or maintain, or to aid, assist or abet in keeping or maintaining, in this City, a place where intoxicating liquors are sold, bartered or given away in violation of the provisions of this ordinance, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter or delivery, in violation of this ordi- nance. (~5, Ord. 3074, 2-23-25). 15-305. Club rooms. It shall be unlawful for any person, directly or indirectly, to keep or maintain by himself or by associating or combining with others, or in any manner to aid, assist or abet in keeping or maintaining any club room or other place, in this City, in which intoxicating liquors are kept for the purpose of use, gift, barter or sale as a bev- erage, or for distribution, or division among the members of any club or association by any means whatsoever; and any place so kept and maintained shall be deemed to be a common nuisance. (~6, Ord. 3074, 2-23-25). 15-306. Common nuisances. All places where in- toxicating liquors are sold, bartered or given away in violation of the provisions of this ordinance, or where persons are permitted to resort for the pur- pose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, bar- ter or delivery in violation of this ordinance, and all intoxicating liquors, bottles, glasses, kegs, pumps, bars and other property kept in and used in main- taining such places, are herby declared to be com- mon nuisances, and shall be abated as such as here- inafter provided. (~7, Ord. 3074, 2-23-25). 15-307. Search warrants issued. Upon the filing in the Police Court of a complaint under oath, charg- ing that a place is kept or maintained as a common nuisance by any person or persons, and that intoxi- cating liquors, kegs, pumps, bars or other property are kept or used therein in keeping or maintaining such place as a common nuisance, a warrant shall be issued, commanding the officer to whom it is directed to arrest the person or persons charged or described as the keeper or keepers thereof and to search the place described in such complaint, and seize and take into his custody all intoxicating li- quors, bottles, pumps, glasses, kegs, bars and other property described in said complaint which he may find in such a place and safely keep the same sub- ject to the order of the court. The complaint shall describe the place to be searched with sufficient particularity to identify the same, and shall de- scribe the intoxicating liquors or other property al- leged to be used in maintaining the same as particu- larly as practicable; but any description, however general, that will enable the officer executing the warrant to identify the property to be seized shall be deemed sufficient. Upon the return of the war- rant the court shall proceed as in other cases against the person or persons arrested. (~8, Ord. 3074, 2-23-25). 15-308. Liquors seized; how disposed of. When- ever any intoxicating liquors or other property shall be seized under such a warrant, whether an arrest has been made or not, the Police Judge shall issue a notice within forty-eight hours after the return of the warrant, directed to the defendant or de- fendants in such action, and to all persons claiming any interest in the intoxicating liquors or other property, fixing the time and place at which all persons claiming any interest therein may appear and answer the complaint made against such intoxi- cating liquors or other property, and show cause, if any they have, why the same should not be ad- judged forfeited and ordered destroyed. The notice shall be served upon the defendant or defendants in the action by delivering a copy thereof to each de- fendant, or by leaving a copy thereof at his usual place of residence, if they be found within the juris- diction of the court, and a copy thereof shall also be posted in a conspicuous position on the place where such property is seized. If at the time for filing answer said notice has not been duly served, or other sufficient cause appear, the time for an- swering may be by the court extended, and such other notice issued as will supply any defect in the previous notice, and give reasonable time and op- portunity for all persons interested to appear and 179 -"','-"'. 180 MISDEMEANORS and OFFENSES.-Intoxicating Liquors. Ch. 16, Art. .3 answer. At or before the time fixed by notice, any person claiming an interest in the intoxicating li- quors or other property seized may file his answer in writing, setting up his claim thereto, and shall thereupon be admitted as a party defendant to those proceedings against such liquors or other property. The complaint and any answer or answers that may . be filed shall be the only pleadings required; and at the time fixed for answer, or at any other time then to be fixed by the court, a trial shall be had in a summary manner before the court of the alle- gations of complaint against the liquors or other property seized, and whether any answer shall be filed or not, it shall be the duty of the City Attor- ney to appear and adduce evidence in support of such allegations. (~9, Ord. 3074, 2-23-25). 15-309. Liquor destroyed. If the court shall find that said intoxicating liquors or other property, or any part thereof, were, at the time the complaint was filed, being used in maintaining a common nui- sance, he shall adjudge forfeited so much thereof as he shall find was being so used, and shall oI'der the officer in whose custody it is to publicly de- stroy the same; so much of said intoxicating liquors and other property as the court shall find not to have been used in maintaining a common nuisance he shall order returned, by the officer in whose custody it is, to the place, as nearly as may be, from which it was taken, or delivered to the person estab- lishing his claim to the same. If the court shall find that any of the liquors or other property was at the time the complaint was filed being used in maintaining a common nuisance, and shall also find that it was being used by any person served with notice provided for in the previous section of this ordinance, or by any person filing an answer, as in said section provided, or that it was then owned by any such person, and by him knowingly allowed to be used, the court shall render judgment against such person for costs of the proceedings against the intoxicating liquors or other property so used or owned by him. If the court shall not find that any of such intoxicating liquors or property seized was at the time the complaint was filed being used in maintaining a common nuisance, or shall not find that any of it was being so used or so owned and allowed to be used by any person or persons served with the notice aforesaid, or voluntarily becoming a party as aforesaid, the costs of the proceedings against such property shall be paid as in other prosecutions for violations of City Ordinances. Either the City or any defendant or other person claiming the property seized may appeal from the judgment of the court in any special proceedings against property seized... Any claimant of such property who appeals must, within ten days, enter into an undertaking, with two or more sureties, to the City of Salina, to be approved by the Police Judge, in a sum not less than One Hundred Dollars, nor less than double the costs adjudged against him, conditioned that he will prosecute his appeal with- out unnecessary delay and that if judgment be ren- dered against him on appeal he will satisfy the judgment and costs. No bond shalt be required for an appeal by the City, and such appeal shall stay the execution of the judgment. (~10, Ord. 3074, 2-23-25) . 15-310. Persons leasing building; guilty. Any person who knowingly permits any building or tene- ment owned or leased by him, or under his control, or any part thereof, to be used. in maintaining a common nuisance, or after being notified in writ- ing of such use omits to take all reasonable meas- ures to eject therefrom the person so using the same, shall be deemed guilty of assisting in main- taining such nuisance. (~11, Ord. 3074, 2-23-25). 15-311. Violation; penalty. Any person violating any of the provisions of this ordinance shall upon conviction be punished by a fine of not less than One Hundred Dollars, nor more than Five Hundred Dollars, and by imprisonment for not less than thirty days nor more than six months for such of- fense, and payment of the costs, and shall be com- mitted to prison until such fine and costs are paid. (912, Ord. 3074, 2-23-26). 15-312. Possession of intoxicating liquor. It shall be unlawful for any person within the corporate limits of the City of Salina, Kansas, to keep or have in his possession, for personal use or otherwise, any intoxicating liquors, or permit another to have or keep or use intoxicating liquors on any premises owned or controlled by him, or to give away or fur- nish intoxicating liquors to another, except drug- gists or registered pharmacists as hereinafter pro- vided. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than $100.00 nor more than $500.00, and imprison- ment not less than thirty (30) days nor more than six months. (S1, Ord. 2029, 3-9-17). 15-313. Transportation of intoxicating liquor. It shall be unlawful for any common carrier, firm or corporation or any other person for hire or without hire to bring or carry into this City, or carry from one place to another within this City, intoxicating liquors for another or for himself or for itself, even . Ch. 15, Art. 3 MISDEMEANORS and OFFENSES.-Intoxicating Liquors. 181 when intended for personal use; and it shall be un- lawful for any common carrier, its agent or em- ployee to deliver any intoxicating liquors that may be in its possession to any person for any purpose whatsoever. Any person violating any of the pro- visions of this ordinance shall, on conviction, be ad- judged guilty of a misdemeanor and punished by a fine of not less than $100.00 nor more than $500.00, and by imprisonment not less than thirty (30) days nor more than six months, and if a corporation, by a fine of not less than $100.00 nor more than $500.00. (!i2, Ord. 2029, 3-9-17). . 15-314. Liquors received from carrier or other person. It shall be unlawful for any person in this City to receive, directly or indirectly, intoxicating liquor from a common carrier or other carrier or person, and it shall also be unlawful for any person in this City to possess intoxicating liquors received directly or indirectly from a common carrier, other carrier or person. This section shall apply to such liquors intended for personal use as well as other- wise and to interstate as well as intrastate carriage. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than $100.00 nor more than $500.00 and be imprisoned not less than thirty days and not more than six months. (!i3, Ord. 2029, 3-9-17). 15-315. Wine for communion purposes excepted. Nothing in this ordinance shall be construed to pre- vent any regularly ordained minister or regular priest of any church from receiving or possessing wine for communion purposes or to prohibit any common carrier from receiving such wine for ship- ment and delivery to such regularly ordained minis- ter or priest for such communion purposes; but the person receiving such wine for communion purposes, on receipt of the same, shall file with the common carrier delivering such wine a statement setting out the fact that the receiver of such wine is a regularly ordained clergyman or priest, the church over which he is pastor or priest, and that said wine is received for communion purposes to be used in the church over which he is pastor or priest, and said state- ment shall be, by said common carrier filed with the County Clerk of the county in which the de- livery is made within ten days after being made by the person receiving such wine. A common car- rier delivering such wine without taking such state- ment and any person making a false statement, shall on conviction be adjudged guilty of a misdemeanor and be punished by a fine of not less than $100.00 nor more than $500.00 and by imprisonment not less . than thirty (30) days nor more than six months. (!i4, Ord. 2029, 3-9-17). 15-316. Not apply to wholesale or retail drug- gists; conditions. Nothing in this ordinance shall be construed as prohibiting any person, co-partnership or corporation engaged in the wholesale drug busi- ness and having a stock, exclusive of alcohol, of not less than $20,000.00, from selling alcohol for me- dicinal and scientific purposes to hospitals, schools and manufacturers provided for in Section Six (6), and to pharmacists who are actually and in good faith engaged in the retail drug business and nothing herein provided shall prevent any such person, co- partnership or corporation engaged in the whole- sale drug business from receiving alcohol in quan- tities for the purpose of selling the same to regis- tered pharmacists as hereinbefore provided; and nothing herein contained shall be construed as pro- hibiting a common carrier from delivering to such person, corporation or co-partnership engaged in the wholesale drug business or to such registered phar- macists who are actually and in good faith engaged in the retail drug business, the alcohol sold as above provided for, provided that before any such alcohol shall be delivered to any such registered pharma- cists, such registered pharmacist must make and file with the common carrier a statement setting out that he is a registered pharmacist, and that he is receiving the alcohol for the purposes herein mentioned and no other, which statement shall be filed with the County Clerk of the county wherein the delivery is made within ten days from the date of its filing with the common carrier; and provided, further, that any common carrier who shall make delivery to any registered pharmacist without the statement above required, or shall make delivery to any registered pharmacist without the statement above required or who shall make delivery to such pharmacist who shall receive any alcohol except as herein provided, or who shall make any false state- ment to said common carrier, and any person, co- partnership or corporation engaged in the whole- sale drug business as herein provided, who shall receive or sell any alcohol except as herein provided, shall on conviction be adjudged guilty of a misde- meanor and be punished by a fine of not less than $500.00 and not more than $2,000.00 and by imprison- ment not less than sixty (60) days, nor more than one year. (!i5, Ord. 2029, 3-9-17). 15-317. Hospitals excepted. Nothing in this ordinance shall be construed as prohibiting any reg- ularly established hospital, that is engaged in car- ing for the sick or injured, or any school providing 182 MISDEMEANORS and OFFENSES.-Intoxicating Liquors. Ch. 15, Art. 3 a medical, scientific or mechanical course, or any person, company or corporation regularly engaged in manufacturing, from buying, receiving and pos- sessing such amounts of alcohol as are necessary for their respective needs for medicinal, mechanical and scientific purposes only; and nothing herein contained shall be construed as prohibiting a com- mon carrier from delivering to the above mentioned hospital, schools or manufacturers, or their author- ized agent, the alcohol as herein provided for; pro- vided, that before any such alcohol shall be deliv- ered to any such hospital, school or manufacturer, or authorized agent, such hospital, school or manu- facturer or authorized agent, shall make and file with the common carrier a statement setting out the character of the institution and the fact that the alcohol so received is for purposes herein mentioned and no other; which statement must be filed with the County Clerk of the county where such deliv- ery is made, within ten days from the date of its filing with the common carrier. A common carrier delivering such alcohol without taking such state- ment and any person making a false statement, shall on convicti~n, be adjudged guilty of a misde- meanor and be punished by a fine of not less than $100.00 nor more than $500.00 and imprisonment of not less than thirty (30) days nor more than six months; Provided further, any person, company or corporation permitted to receive alcohol for medi- cinal, mechanical or scientific purposes as hereinbe- fore set forth, that shall sell, give away or permit to be sold, given away or carried away, alcohol se- cured for purposes herein mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum of not less than $100.00 nor more than $500.00 and such person, company or corpora- tion so convicted, shall, in addition to punishment above described, forfeit the right, from the date of such conviction, to purchase, secure or have on hand any alcohol. (~6, Ord. 2029, 3-9-17). 15-318. Manufacture of intoxicating liquor; un- lawful. That it shall be unlawful for any person to manufacture or to aid, assist or abet in the manu- facture of any spirituous, malt, vinous, fermented or other intoxicating liquor or liquors in the City of Salina, Kansas. (~1, Ord. 2379, 3-26-1921). 15-319. Violation of Sec. 15-318; penalty. Any person convicted of a violation of Section 1 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $100.00 and not more than $500.00 and shall be imprisoned in the City jail for not less than 30 days nor more than 90 days. (~2, Ord. 2379, 3-26-1921). . ARTICLE 4.-Narcotic Drugs. MISDEMEANORS and OI~FENSES.-Narcotic Drugs. 183 Ch. 15, Art. 4 15-401. Drugs; possession or sale unlawful. That it shall be unlawful for any person to keep or have in his possession or under his control for personal use 01' otherwise any opium, coca leaves, or any compound, salt, derivative or preparation thereof or any other narcotic including morphine, heroin, co- caine or codein, and such possession shall be pre- sumptive evidence of the violation of this ordinance; or to permit another to have or keep or use any of said drugs upon any premises owned by or controlled by him, or to sell, give away or furnish any of said drugs to another, except physicians, dentists, veter- inary surgeons, and registered pharmacists as here- inafter provided. ({iI, Ord. 2916, 1-28-24). . 15-402. Exceptions; physicians, druggists, etc.; IH'escriptions. Nothing in the preceding section here- of shall apply to the sale or giving away of any of the drugs mentioned therein in pursuance of a written order of the person to whom such articles are sold or given, on a blank to be issued for that purpose by the Commissioner of Internal Revenue of the United States. Nor shall anything in said preced- ing section apply to the dispensing or distribution of any of the aforesaid drugs to a patient by a physician, dentist or veterinary surgeon registered under the laws of the State of Kansas in the course of his professional practice only, provided that said physician, dentist, or veterinary surgeon shall keep a record of all such drugs dispensed or distributed in accordance with the provisions of Section 65-616 of the Revised Statutes of Kansas, 1923: nor shall anything in said preceding section apply to the sale, dispensing or distribution of any of the aforesaid drugs by a registered pharmacist to a consumer un- der and in pursuance of a written prescription by a physician, dentist or veterinary surgeon registered under the laws of the State of Kansas: Provided . however, that such prescription shall be dated as of the day on which it is signed and shall be signed by the physician, dentist or veterinary surgeon, who shall have issued the same, and provided further, that such registered pharmacist shall preserve such prescription on the blank provided for by Section 65-616 of the Revised Statutes of Kansas, 1923. (S2, Ord. 2916, 1-28-24). 15-403. Exceptions; amount of drugs in prescrip- tions. The provisions of this ordinance shall not be construed to apply to the sale, distribution, giving away, dispensing or possession of preparations or remedies which do not contain more than two grains of opium, or more than one-fourth of a grain of heroin, or more than one grain of codeine, or deriva- tive of any of them in one fluid ounce, or, if a solid or semi-solid preparation, in one avoirdupois ounce; or to liniments, ointments, or other preparations which are prepared for external use only, except liniments, ointments and other preparations which contain cocaine or any of its salts or alph- or beta- eucaine or any of their salts or any synthetic sub- stitute for them, Provided that such remedies and preparations are sold, distributed, given away, dis- pensed and possessed as medicines and not for the purpose of evading the intentions and provisions of this act. The provisions of this ordinance shall not apply to decocainized coca leaves or preparations made therefrom or to other preparations of coca leaves which do not contain cocaine. (S3, Ord. 2916, 1-28-24). 15-404. Violation; penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined in any sum not exceeding $500.00 or be imprisoned in the City jail for a term not to exceed six months or shall be subject to both such fine and imprisonment. (S4, Ord. 2916, 1-28-24). . Ch.16, CHAPTER 16.-NUISANCES. (See 13-436, G. S. 1935) (1"or other Nuisances, see General Index under head of Nuisances.) . 16-101. Committing nuisance; penalty; order of abatement. That any person or persons who shall commit or cause to be committed any public nuisance upon any street, avenue, alley or public place of the City or to commit or cause to be committed or know- ingly permit any public nuisance upon any prem- ises within the City limits owned or occupied by such person or persons, or if any person or persons shall commit or cause to be committed any public nuisance upon any lands or premises within the City limits not owned by such person or persons, or do or commit any act which shall have been by ordi- nance declared to be a public nuisance, every person so offending shall on conviction be fined in any sum not exceeding $100.00 and the Police Judge shall make an order for the immediate removal or abate- ment of the nuisance if still existing, a part of the judgment and necessary expense of such removal or abatement shall be taxed and collected with the other costs in the case. (~23, Ord. 635, 3-7-1888; Amending Ord. 38). 16-102. When abated at expense of City. When- ever any offense against the provisions of this ordi- nance shall come to the knowledge of the City Mar- shal if the person or persons offending be unknown to him or out of the jurisdiction of the Police Court of the City, he shall forthwith cause the nuisance to be removed or abated at the expense of the City. (~5, Ord. 38). 16.103. Rank grass, etc.; standing water; nui- sances; penalty. That rank grass, weeds and other vegetation growing, standing or being upon any lot, parking or parcel of ground within the corporate limits of the City of Salina, Kansas, and any pond or ponds of water standing upon any lot or parcel of ground within the corporate limits of said City, are 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 non- resident, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding ten dollars; and such nuisances may be removed and abated as herein provided. (~1, Ord. 1911, 7-20-1903). . NUISANCES. 181i 16-104. Same; how abated. Wllen~ the Sani- tary and Health Officer of the City Council of such City shall file with the Cit~_SJler~ its statg!!l..en.t..lll_ wdtinli:; that such nuisance. rank vegetation or pond of water, describing the same and where located is a nuisance and dangerous to the health of th~ inhabitants of the City, or of any neighborhood, family or resident of the City, and such statement shall be approved by the City Council, the clerk shall forthwith issue notice requiring the owner or agent of the owner of the premises upon or in front of which such nuisance is situate to remove and abate from said premises the thing or things thereftJ. described as a nuisance, within a time to be speci- fied in the notice; said notice shall be served by the City Marshal. by delivering a copy thereof to the owner or agent of such property, or, if a non-resi- dent, then by mailing a notice to his last known address; and if such owner or agent shall fail or neglect to comply with the requirements of such notice for a period of ten days, then the City shall have the thing or th~cribed in said notice as a nuisance, removed and abated from said lot or parcel of ground, and the cost of such removal and abatement shall be assessed and charged against the lot or parcel of ground on which said nuisance was located; and the City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the aforesaid costs, and the County Clerk shall 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. (~2, Ord. 1911, 7-20-1903; see ~20-202). 16-105. Animals, fowls; running at large; nui- sance. All horses, mules, cattle, sheep, goats, hogs, chickens, ducks, turkeys, geese or other fowl run- ning at large are hereby declared to be a public nui- sance, and any person who shall knowingly permit any such animal or fowls to run at large shall be deemed guilty of a misdemeanor, and shall upon conviction be punished as provided by Section 23 of Ordinance No. 635 of said City of Salina. (~4, Ord. 636, 3-7-88; see 16-101). 16-106. Barbed wire in city prohibited. The mak- ing of any enclosure with or by means of barbed wire within the corporate limits of said city is here- by declared to be a public nuisance, and the erec- tion, keeping and maintaining the same is hereby prohibited under the penalty of Section 23 of Ordi- nance No. 635 of said City of Salina. (~5, Ord. 636, 3-7-88; see 16-101). 186 NUISANCES. Ch.16, 16-107. Nuisances; how abated. Whenever the existence of any nuisance shall come to the knowl- edge of the City Marshal, if the person or persons offending be unknown to him or out of the juris- diction of the police court of the city, he shall forthwith cause the nuisance to be removed or abated at the expense of the city. (~7, Ord. 636, 3-7-88). NOTE: For Section 23, Ordinance No. 635, see ~16-101. 16-108. Smoke ordinance; application. That this ordinance shall apply to all buildings now located within the fire limits, and to all buildings hereafter erected within the fire limits as now or hereafter established, and to all buildings hereafter erected outside of the fire limits as now or hereafter estab- lished except private residences designated for oc- cupancy by not more than two families. (~1, Ord. 3524, 4-28-28). 16-109. Dense smoke; public nuisance; penalty; defenses. The emission or discharge into the open air of dense smoke within the corporate limits of the City of Salina from any locomotive, steam roller, steam derrick, steam pile driver, tar kettle or simi- lar machines or contrivances, or from any build- ing or premises excepting for an aggregate of six minutes in one hour, and then only while the fires are being cleaned, is hereby declared to be a public nuisance, which may be abated in the manner as other public nuisances. Any person, firm or corpor- ation owning or causing to be operated any locomo- tive, steam roller, steam derrick, steam pile driver, tar kettle or similar machines or contrivances, and the owners, lessees, occupants, managers or agents of any building or premises from which dense smoke is emitted or discharged within the corporate limits of the City of Salina except as hereinbefore provided, shall be deemed guilty of a violation of this section and upon conviction thereof shall be fined not less than twenty-five dollars or more than one hundred dollars, and each day during which such smoke shall be emitted or discharged shall constitute a sep- arate offense; provided, however, that in any suit or proceeding under this section it shall be a good defense if the person charged with the violation thereof shall show to the satisfaction of the jury or court trying the facts, that there is no known practicable device, appliance, means or method by appliance, means or method by application of which to his building, establishment, premises, locomotive, steam roller, steam pile driver, tar kettle or similar machines or contrivances, the emission or discharge into the open air of the dense smoke complained of in that proceeding could have been prevented. (~2, Ord. 3524, 4-28-28). 16-110. Same; furnaces; specifications submitted to building inspector. Every furnace must be so constructed as to effectively prevent the emission of dense smoke or must have attachments which will effectively accomplish such results. Complete plans and specifications for the erection of new fur- naces, breeching and stacks for producing light, heat or power, for the reconstruction or alteration of old furnaces, breeching and stacks for such pur- poses must be submitted in duplicate and approved by the Building Inspector, before the work of erec- tion, reconstruction or alteration is begun. When said Inspector has issued a permit as above pro- vided he shall keep on file in his office an approved copy of said plans and specifications, and shall see that such construction, reconstruction or alteration is carried out according to the approved plans and specifications. (~3, Ord. 3524, 4-28-28). 16-111. Boiler Plants; requirements. It shall be unlawful for any person to use any new or recon- structed boiler plant for the production and genera- tion of light, heat or power until the Building In- spector shall have issued a certificate to the owner or user showing that the construction or reconstruc- tion is in compliance with the provisions of this article. All owners or users of boiler plants for producing light, heat or power before making any alteration, change or addition to any furnace, de- vice or chimney, shall first submit to said Inspector plans and specifications covering the work contem- plated and secure a permit from him, provided, how- ever, that minor necessary repairs which do not make any substantial change affecting smoke emis- sion, may be made by or under the direction of the engineer in charge of said plant without a permit. (~4, Ord. 3524, 4-28-28). 16-112. Inspections; fees. The Building Inspec- tor shall collect the following fees and issue re- ceipts therefor: For inspection of plans for the con- struction or re-construction of boiler plants, or for inspection of plans for repairs or alternations, one dollar; for examination of plant after its construc- tion, reconstruction or alteration, and before its operation, two dollars. The fee paid for the inspec- tion or examination shall include the issuance of a permit or certificate in case such permit or cer- tificate is granted. The provisions of the ordinances with respect to certificates for boiler inspections shall apply to the above mentioned receipts. The issuance and delivery by the Inspector of any per- mit or certificate shall not be held to exempt any person or corporation to whom any such permit has been issued or delivered, or who is in possession of . 187 Ch. 16, NUISANCES. ----.--- ._-,- -- ~-~----_.__._-- .__.__..---_._-_.._._-~._."_..__.- ------ ------------~--~--~-- any such permit, from prosecution on account of the emission or issuance of dense smoke, caused or permitted by any such person or corporation. (~5, Ord. 3524, 4-28-28). 16.113. Inspection of premises; interference; pen- alty. The Building Inspector and his deputies are hereby authorized, in the performance of their du- ties, to enter at all reasonable hours upon and into any buildings, establishments, premises and enclos- ures in or from which they may believe that the provisions of the ordinance of the City of Salina or of any act of the Legislature of the State of Kansas, relating to smoke abatement have been or are being violated, and to inspect or examine such buildings, establishments, premises or enclosures in order to ascertain whether or not there is any known practicable device, appliance, means or method by which the emission or discharge of dense smoke therefrom could have been or could be prevented. Any person who shall interfere with the Inspector or any of his deputies or employes, in the discharge of their duties, or shall hinder or prevent him or any of his deputies or employes from entering into or upon, or from inspecting any buildings, estab- lishments, premises or enclosures in the discharge . . of their duties shall be deemed guilty of a misde- meanor and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense. (~6, Ord. 3524, 4-28-28). 16-114. Police force to report violations. It is hereby made the duty of all patrolmen and officers of the police force of the City to assist said Build- ing Inspector and his deputies in the performance of their duties and to report to the Chief of Police all violations of the ordinances directed against the emission of dense smoke coming to their knowledge. It shall be the duty of said Chief of Police to re- port violations to said Inspector as soon as practica- ble after such reports are received by him. (~7, Ord. 3524, 4-28-28). 16-115. Violations of Sees. 16-110 to 16-114; pen. alty. Any violation of the provisions of this ordi- nance for which a penalty is not provided shall be deemed a misdemeanor and the person, firm or cor- poration guilty thereof shall upon conviction be sub. ject to a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense. (~8, Ord. 3524, 4-28-28). . . . Ch. 17, Art. 1 P ARKS.-Kenwood. 189 17-104. Additional land for Kenwood Park. Whereas it is deemed advisable by the Mayor and Councilmen of the City of Salina to acquire for the improvement of Kenwood Park, that tract or lot of land in Saline County, Kansas, described as follows, to-wit: A part of lot seven (7) in Surveyors Plat "c" de- scribed by metes and bounds as Iollows:-Commenc- ing at a point 718 feet East and 1641,2 feet South of the Northwest corner of the junction of Center Street in Beebe's Second addition to Salina, and the County road running South from the South end of Fourth Street at a stake 50 feet West of the Center of a Ravine, thence in a Northerly direction down said Ravine on a line parallel with the center of said ravine and 50 feet distant therefrom 450 feet to the center of the channel of the Smoky Hill River, thence up said channel in an easterly direction 50 feet; thence in a southerly and southwesterly di- rection up the center of the channel of said ravine to a point due East of the place of beginning, thence West to the place of beginning, thence from said point in a southerly direction (on a line, which if extended across the County Road, now Prescott Avenue would strike the Northeast corner of Block 2 in Van Trines Addition to Salina, Kansas) to the north line of the County road, now Prescott A venue, thence East alon~ a hedge fence to a stake in the center of the channel of said ravine, thence in a northerly direction down the center of the chan- nel of said ravine to a point 50 feet East of the place of beginning, thence west to the place of be- ginning, said last named point being also the south- east corner of lot 12 in Smith and Colvarts addi- tion to Salina, Kansas. The foregoing tracts of land are located in the east one-half of the south- west quarter of Section 13, Township 14, South of Range 3 West of the 6th P. M. And whereas, the owners, Alfred Bertram Walter and Roberta J. Walter have agreed to sell said land to the City of Salina for the sum of $250.00, and Whereas, in the judgment of the Mayor and Coun- cilmen it is necessary to acquire the same in order to properly improve and utilize Kenwood Park and that the value of the land is equal to the purchase price asked therefor; now therefore Be It Ordained by the Mayor and Councilmen of the City of Salina: 17-105. Purchase authorized. ~I. That the City (Published in the Salina Daily Union, October 6th, b h of Salina, Kansas, should and does here y pure ase 1917). from Alfred Bertram Walter and Roberta J. Wal- ORDINANCE NO 2095. . tel' all of that tract or lot of land hereinbefore de- An Ordinance providing for the purchase of certam I scribed the same to be used for the purpose of ac- land and providing for the payment therefor. , CHAPTER 17.-PARKS. Article I.-Kenwood Park.-17-101 to 17-108. 2.-Riverside Park.-17-201 to 17-204. 3.-0akdale Park.-17-301 to 17-318. 4.-Park in Highland Court (Sunset Park) -17-401. 5.-City Park.-17-501. 6.-Thomas Park.-17-60I. ARTICLE I.-Kenwood Park. (Published in Salina Daily Union, Aug. 11, 1917) ORDINANCE NO. 2076 An Ordinance providing for the acquiring by pur- chase for park purposes that tract or parcel of land known as Kenwood Park. 17-101. Special election. Whereas at an election duly held in the City of Salina, Kansas, upon the 3rd day of April, 1917, there was submitted to the qualified electors of the said City the proposition of whether or not the Mayor and Councilmen of the City of Salina, Kansas, should be authorized to issue the bonds of the said City in the sum not to exceed Thirty Thousand Dollars for the purpose of acquir- ing for park purposes that tract or parcel of land known as Kenwood Park, and Whereas at such election a majority of votes cast thereat upon said proposition were cast in favor of authorizing the said Mayor and Council to issue said bonds in the sum for such purpose, now therefore: Be It Ordained by the Mayor and Councilmen of the City of Salina: 17 -102. Purchase of Kenwood Park authorized. sl. That that tract or parcel of land known as Kenwood Park should be and the same is hereby purchased of and from J. J. Geis the present owner for the sum of Thirty Thousand Dollars to be paid upon the execution and delivery of a good and suffi- cient warranty deed conveying the said property to the City of Salina, Kansas, to be used as a public park. 17-103. Take effect. ~2. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Passed and approved this 6th day of August, 1917. Edd Mathews, Mayor. Attest: Chas. E. Banker, City Clerk. Ch. 17, Art. 1 P ARKR-Kenwood. 190 Quiring an entrance and otherwise improving Ken- wood Park to be used for park purposes in the said City at a price of $250.00. 17-106. Appropriation. ~2. That there be and is hereby appropriated out of the park fund in the hands of the City Treasurer of the City of Salina, Kansas, the sum of $250.00 to be paid to Alfred Bertram Walter and Roberta J. Walter, the owners of the herein described tract of land upon the exe- cution and delivery to the proper officers of the City of Salina, Kansas, of a good and sufficient war- ranty deed conveying all of the above described real estate in said City. 17-107. Take effect. ~3. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Passed and approved this October 1, 1917. Edd Mathews, Mayor. Attest: Chas. E. Banker, City Clerk. LEASE 17-108. Lease of Kenwood Park for Free Fair. This Agreement, made and entered into this 12th day of August, 1929, by and between the City of Salina, a municipal corporation of Saline County, Kansas, party of the first part and the County of Saline in the State of Kansas, party of the second part, Witnesseth: That Whereas, the party of the first part is the owner of Kenwood Park in the City of Salina, Kan- sas, a map or plat of which is attached hereto, made a part hereof and marked Exhibit "A", which park is suitable to be used for a fair grounds; and Whereas, said party of the second part desires to establish and maintain a county owned and oper- ated free fair, pursuant to the provisions of Chap- ter 1, of the Laws of Kansas, 1929; and Whereas, in consideration of the mutual covenants and agree- ments hereinafter contained, the party of the first part desires to lease to the second party a part of said Kenwood Park for the purpose of the estab- lishment and maintenance of a county owned and operated free fair by said second party; Now There- fore In consideration of the sum of One Dollar paid by second party to first party the receipt of which is hereby acknowledged, and of the payment of a like sum each year hereafter by the second party to the first part, on demand of first party, as and for the annual rent of the premises herein described and of other valuable considerations, to-wit, the levy of a tax by second party for the maintenance and operation of each fair, each year during the term of the lease, said first party does hereby let and lease unto the second party for a term of 43 years from and after the 21st day of March, 1929, Ken- wood Park as shown on the plat thereof which is attached hereto and marked Exhibit "A", for the use thereof by second party for the establishment and maintenance of a county owned and operated free fair. It is further agreed, as a part of the considera- tion for this lease, between the parties hereto, that the party of the first part shall have, and it hereby reserves, the right to use the premises hereby leased for public park purposes, and for other purposes not inconsistent therewith, at any and all times ex- cept such times as will or might conflict with the use of said premises by the second party in the maintenance and operation of such county owned and operated free fair, but the first party shall not have the right to use the buildings erected by sec- ond party except with the consent of second party, and the first party shall have the right to erect in said premises any and all buildings or structures which will not interfere with such use by the second party, provided that any building or structures so erected thereon by the first party may be used by second party at any time in connection with such free fair, without compensation to the first party. The title to all buildings or structures erected on said premises by the second party shall be and remain the property of the second party, and may be removed by second party at the expiration of the lease, and second party shall have the right of ingress and egress over first party's land for such purpose, and the title to all buildings or struc- tures erected on said premises by first party shall be and remain the property of first party. In Witness Whereof, the parties hereto have each duly caused this instrument to be executed by their proper officers, thereunto duly authorized and their corporate seals to be affixed hereto, the day and year first above written. THE CITY OF SALINA, By Guy T. Helvering, Mayor. Attest: Chas. E. Banker, City Clerk. THE COUNTY OF SALINE, STATE OF KANSAS, By Wm. C. Battersby, H. C. Carney, Swan Nelson, County Commissioners. Attest: Catherine Baird, County Clerk. . Ch. 17, Art. 2, 3 P ARKS.-Riverside; Oakdale. . ARTICLE 2.-Riverside Park. . (Published in the Salina Evening Journal, April 26, 1920). ORDINANCE NO. 2332 An Ordinance relating to the purchase of Reserve Number Two (2) in Riverside Park Addition to the City of Salina, Kansas, to be used for park purposes. 17-201. Special election. Whereas, at an election duly held in Salina, Kansas, upon the 6th day of April, 1920, the qualified electors of said City voted in favor of the purchase of Reserve Number Two (2) in Riverside Park Addition to the City of Salina, Kansas, to be used for park purposes, and that the City pay therefor the sum of Five Thousand ($5,000.00) Dollars; and did upon said day author- ize the Mayor and Council of said City to issue the bonds of said City in said sum for such purpose, now, therefore, Be It Ordained by the Mayor and Council of the City of Salina: 17-202. Purchase authorized. ~1. That the City of Salina, Kansas, should and it does hereby pur- chase of and from P. L. Gebhart, to be used for park purposes, Reserve Number Two (2) Riverside Park Addition to the City of Salina, Kansas, at and for the price of Five Thousand Dollars. 17-203. Bonds delivered. ~2. Upon the execu- tion and delivery of a good and sufficient deed of general warranty with abstract showing merchan- table title in said P. L. Gebhart, the Mayor and City Clerk are hereby authorized, directed and em- powered to turn over and deliver unto P. L. Geb- hart the bonds of said City of Salina, Kansas, in the sum of Five Thousand ($5,000.00) Dollars, bear- ing interest at the rate of four and one-half (41h) per cent per annum, payable semi-annually, said bonds to be dated May 1st, 1920, and due five (5) years after said date. 17 -204. Take effect. ~3. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Passed and approved this 19th day of April, 1920. Edd Mathews, Mayor. Attest: Charles E. Banker, City Clerk. ARTICLE 3.-Qakdale Park. The legal title to Oakdale Park is vested in the Board of County Commissioners of Saline County, Kansas, as trustees for the Saline County Agri- cultural, Horticultural and Mechanical Association in accordance with the terms of deeds from the . owners of said land record in the office of the Regis- ter of Deeds in Saline County, Kansas, in book Q, pages 476 and 478. The use of said park as a City park was acquired by lease entered into by all of the interested parties on March 21st, 1922, said lease being recorded in the office of the Register of Deeds in Saline County in book T of Contracts, page 49, a copy of which is as follows: LEASE AND AGREEMENT. 17-301. Parties. This agreement made and en- tered into in triplicate upon this 21st day of March, 1922, by and between the Saline County Agricul- tural, Horticultural and Mechanical Association, a corporation, hereinafter referred to as the party of the first part; the Board of County Commissioners of Saline County, Kansas, as trustees in the manner hereinafter mentioned, hereinafter called the parties of the second part; the County of Saline in the State of Kansas, hereinafter called the party of the third part; and the City of Salina, Kansas, a muni- cipal corporation, hereinafter referred to as the party of the fourth part; witnesseth: That, whereas the party of the second part owns the legal title to and holds in trust for the benefit and to the use of the first party hereto, a certain tract or parcel of land situate within the corporate limits of said City of Salina, in Saline County, Kan- sas, commonly known and called and hereinafter refeHed to as Oakdale Park, and being more parti- cularly described as follows, to-wit: 17 -302. Legal description. All of the several tracts of land mentioned in the following descrip- tion numbered one, two and three respectively, viz: Number One. Commencing at the Northwest corner of the Southeast Quarter of Section 13, Town- ship 14, Range 3 west, thence east on the Quarter Section line 8 chains to the center of the Smoky Hill River; thence southwesterly down the center of the channel of the River to a point where the west boundary line of the Southeast Quarter of Sec- tion 13, Township 14, Range 3 West, intersects said River; thence north 6 chains to the place of begin- ning. Containing 2.4 acres, more or less, in the northwest part of the Southeast Quarter of Section 13, Township 14, Range 3 West, which lies north and west of the center of the channel of the Smoky Hill River. Number Two. Commencing at the northeast corner of the Southwest Quarter of Section 13, Township 14, Range 3 West, running thence due south to the center of the Smoky Hill River; thence down the center of the channel of said River to a point where 191 Ch. 17, Art. 3 192 P ARKS.-Oakdale. said River intersects the north boundary- line of the Southwest Quarter of said Section, thence east to the place of beginning, being all that part of the Southwest Quarter of Section 13, Township 14, Range 3 West included in Oakdale Park. Number Three. A part of the Northeast quarter of Section 13, Township 14, Range 3 West, described as follows, viz: Commencing at a point 45 feet south of 27 feet east from the Southeast corner of Block 15 in Oakdale Addition to the City of Salina, thence running south to the center of the channel of the Smoky Hill River; thence down said river to its intersection with the south line of said Quar- ter Section; thence west 528 feet on the Quarter Section line of the Southwest corner of the North- east Quarter of Section 13, Township 14, Range 3 West; thence north on the quarter section line 825 feet to the center of the channel of the Smoky Hill River; thence down said channel 100 feet; thence east to a point 70 feet west from the west line of Block 15 in said Oakdale Addition, thence south 184 feet; thence east parallel with the south line of said Block 15 in Oakdale Addition to the place of beginning. Also the following described lots situate in the City of Salina according to the original plat of said City now on file and of record in the office of the Register of Deeds in and for said County of Saline and State of Kansas, viz. 82, 84, 85, 87, 88, 89, 90, 91, 92, 93, on Front Street, Lots 169, 171, 173, 175, 177, 179, 181, 183, 185, 187, 176, 178, 180, 182, 184, 186, 188, on Second Street, 181 on Third street. 17-303. Ownership; premises of lease. And where- as, the beneficial interest and management, use, oc- cupancy, enjoyment and control of said Oakdale Park, for agricultural fair purposes, is vested in the party of the first part, which party is financially unable properly to equip, maintain, improve and care for said park to said first party's best advantage, Whereas, the party of the fourth part is desirous of acquiring the right to use said Oakdale Park for general City Park purposes for the benefit of the City of Salina and the public generally, in a man- ner, however, which will not contravene or defeat the terms or uses of the trust under which said park is now owned and held, and in return therefor is willing as hereinafter provided to assist in improv- ing and maintaining the grounds of said park for the benefit of all parties to this agreement, and Whereas, the County of Saline in the State of Kansas, the party of the third part hereto, is en- abled by law to expend money to equip, improve and maiJltain the buildings and structures in said park, situate, for use for agricultural fair purposes and to construct and maintain other buildings and structures herein from time to time, as necessary and desirable for said purposes, Now, therefore, in consideration of the premises and in further consideration of the mutual promises, covenants and agreements of the parties hereto as hereinafter set out and contained, it is hereby mu- tually covenanted and agreed between said parties and with one another as follows, to-wit: 17 -304. Term. . 1. That the parties of the first and second parts do hereby let and lease unto the party of the fourth part, said Oakdale Park and the appurtenances thereto, as hereinbefore more particu- larly described, for general public City park pur- poses for the term of 50 years, commencing from the 21st day of March, 1922, and ending upon the 21st day of March, 1972, said park including its structures and buildings to be freely occupied and used by the party of the fourth part as a free, public City park during the term mentioned and limited, and the privilege of renewal for such fur- ther time as may be agreed upon by the parties to the within agreement. 17 -305. Reservations; use by first party. 2. It is understood and mutually agreed that the parties of the fourth and second parts hereby strictly re- serve unto the party of the first part said party's right and privilege to the occupancy, enjoyment and use of said Oakdale Park and all of its buildings, structures and appurtenances for the holding of agri- cultural fairs and entertainments to the same ef- fect and extent as said park and its appurtenances has been for said purposes heretofore occupied and used by the party of the first part, and that the oc- cupancy, enjoyment and use thereof by the party of the fourth part shall always be subject to and shall not interfere with said first party's purpose aforesaid for a period of not to exceed over 30 days for the holding of said fairs and entertainments each year and that nothing herein contained shall be construed tQ contravene or defeat the terms and uses of the trust under which said Oakdale Park is owned and held. 17 -306. Improvement and beautification. 3. The said party of the fourth part, for the considerations heretofore mentioned, and particularly in consider- ation of the granting of the privileges extended herein to use, occupy and enjoy said Oakdale Park for the purposes granted, hereby agrees to and shall hereafter at its cost and expense tend, care for and . . . Ch. 17, Art. 3 P ARKS.-Oakdale. 19:1 maintain the grass, shrubbery, flowers, .trees and grounds of said Oakdale Park in good condition and Hhall from time to time as necessary and at its cost and expense beautify and improve the grounds of said park by planting and maintaining grass, flow- ers, shrubs and trees therein, to the end that said park may be maintained in a beautiful and attrac- tive manner; and for the same consideration the party of the fourth part covenants and agrees that it will, at its cost and expense, improve and main- tain the walks, drives, tourist camping grounds, children's play grounds and athletic grounds of said park furnishing the necessary equipment therefor, and at its expense shall furnish lighting and water facilities for said park and shall properly police the same and its environs. At any time during the within lease that the camping grounds and athletic grounds within Oakdale Park be removed by the City of Salina, party of the fourth part, from said Oakdale Park, to other locations, thence in that case, the party of the fourth part, which is the City of Salina, shall be released from keeping up the camp- ing grounds and athletic grounds in said Oakdale Park. 17 -307. Buildings repaired and maintained. 4. The party of the third part for the consideration here- inbefore mentioned and particularly in consideration of the obligation of the party of the fourth part to improve, equip and maintain the grounds of said park as hereinbefore provided for, whereby the same is made more desirable, useful and valuable for agri- cultural fair purposes and for the purpose of the trust under which said park is owned and held, hereby agrees with the other parties hereto that it will, within a reasonable time hereafter, at its own cost and expense put all of the buildings and Htruetures situate within said Oakdale Park, includ- ing Claflin Hall, in a good state of repair, and will during the life of this agreement equip and main- tain said buildings and structures in good repair, will provide and pay for adequate fire and tornado insurance thereupon and will from time to time, at its expense, construct and provide new buildings and structures and similar improvements as may be nec- essary and desirable for fair purposes, its duty in regard to the building of new structures and im- provements to be determined, however, as herein- after provided for. 17 -308. Free use for park purposes; charge for special amusements. 5. It is hereby mutually under- stood and agreed that the use and occupancy of said park for public City park purposes shall always, during the life of this agreement, except as herein- after stipulated, be free of cost and extended to the entire public and that the use and enjoyment thereof for all park and other purposes shall be enjoyed as fully and to the same extent by persons residing in Saline County, Kansas, outside the corporate limits of the City of Salina as by persons residing there- in, and that no distinction as to the use and enjoy- ment of said park shall ever be made by the City of Salina, Kansas, upon the basis of residence within or without said City, except that in case the above mentioned parties conclude and allow charges for certain special entertainments or amusements to be agreed upon by all parties to the within agreement. 17-309. Use for general park purposes; charges in special cases. 6. It is further mutually under- stood and agreed that said Oakdale Park may be used for general public park purposes, including pic- nics, children's play grounds, public gatherings, pub- lic meetings, tourist camping grounds, athletic sports and events, chautauquas and all other similar and proper purposes and that its use therefor for said purposes shall be free and without cost to the public and people so using the same. It is under- stood and agreed however, that said park, or neces- sary portions thereof, may be temporarily let to persons desiring to use the same for any of the purposes above mentioned or similar purposes, where a fee is charged for admission when recom- pense is made therefor to the City of Salina, but in such event a true and complete account of all the sums so arising from said park shall be kept by the party of the fourth part and an accounting made thereof as hereinafter provided; and it is further understood and agreed that in event of such private use of said park that the same shall not conflict with the rights of the first and third party to use and enjoy the same, and that any use thereof for purpose for which an admission is charged shall be as nearly as practicable without interference with or prejudice to the free use by the public to such portions of said park as are not necessary to the temporary use and enjoyment for which an admis- sion is charged. At any time during the within lease that the camping grounds and athletic grounds within Oakdale Park be removed by the City of Salina, party of the fourth part, from said Oakdale Park to other locations, thence in that case, the party of the fourth part, which is the City of Salina shall be released from keeping up the camping grounds and athletic grounds in said Oakdale Park. 17-310. Oakdale Park Executive Committee; mem- bers; duties. 7. Inasmuch as certain rights of the parties hereto in and to said Oakdale Park are mu- tual and reciprocal and to the end that the obliga- 194 P ARKS.-Oakdale. eh, 17, Art. 3 tion of the party therein may be justly determined without dispute in such regard arising, it is hereby understood and agreed that there shall be and there is hereby constituted a board or committee to have the power and authority as hereinafter provided and to be known as the Oakdale Park Executive Com- mittee, to be at all times during the life of this agreement constituted and comprised of three mem- bers chosen as follows: One to be chosen by the party of the first part from among the members of the Board of Directors of the Saline County Agri- cultural, Horticultural and Mechanical Association; one to be chosen by the party of the second and third parts from among the members of the Board of County Commissioners of Saline County, Kansas; and one to be chosen by the party of the fourth part from among the Board of Commissioners or other governing body of the City of Salina, Kansas (and at the discretion of said fourth party the City Man- ager thereof), said Board at all times mentioned to be so constituted, and the successors of any such members to possess all of the powers of their pre- decessors. The members of said Committee shall serve without pay and when appointed by the parties respectively entitled to appoint the same shall have the right and authority only of consideriing any dispute which may come up between the various parties to the within lease and shall make their recommendations in the settling of these disputes to the various parties to the within agreement. Said Executive Committee shall choose one from their number, which shall be the representative from the City of Salina on said Executive Committee to look after all of the details that may come up in con- nection with the management of said park, he shall have the authority in matters concerning the gen- eral use and the management of said park and its employment for public or private meetings and gath- erings, and in fact consider any points concerning the use of the park which may come up from time to time between the regular meetings of the Execu- tive Committee, unless said member considers the matter in hand of sufficient importance to present to the Executive Committee in full before final dis- position of same. 17-311. First party, free use of track in Kenwood Park. 8. It is understood and agreed between the parties of the first and the fourth parts that the party of the first part shall, during and through- out the terms of this lease and as long as the same shall be in effect, have and possess the right to use that certain one-mile automobile speedway or track maintained by the party of the fourth part in Kenwood Park in the City of Salina during the agricultural fairs held by the said first party in the City of Salina during said period, and the party of the first part hereby assumes all liability for and agrees to hold the party of the fourth part harm- less from any liability, loss or damage arising through the party of the first part's use and oc- cupancy of said speedway and said privilege of hold- ing said agricultural fairs to be extended said first party for a period of not to exceed 30 days some- time. during each year of the term of this lease. 17-312. Battery "A"; lease. 9. It is further un- derstood and agreed between the parties hereto that nothing herein contained shall be construed to mo- lest or interfere with the enjoyment by Battery "A" of its lease to some two acres of ground situate in the northeast part of said Oakdale Park with the buildings thereto situate but it is agreed that the party of the first part shall see that said portion of said park so excepted from the operation of this lease shall be kept in a cleanly condition so as not to in~erfere with the proper enjoyment of the re- mainder of the said park. 17 -313. Use for fair purposes. 10. It is further understood and agreed between the parties hereto . the party of the first, second and third parts in using said Oakdale Park for agricultural fair pur- poses will at its expense maintain its buildings and structures including all stables and similar build- ings in a clean and sanitary condition. 17-314. Management of first party during use for fair. 11. It is further understood and agreed that said Oakdale Park, during the times that it may be used for the fairs and entertainments of the party of the first part, shall be wholly under the direction, management and control of said party of the first part and that said party shall be liable for any damage accruing to any persons whomsoever through first party's such use and occupancy thereof. 17 -315. Receipts and expenditures; records. 12. All parties of the within lease shall keep a correct record of all receipts and expenditures accruing through the use of said park and make an annual report of the same and copy of which shall be fur- nished to each party of the within lease. 17-316. New buildings; approval of Executive Committee. 13. In case of the construction of new buildings in said Oakdale Park on the part of the second and third parties, plans and specifications should be presented to the Executive Committee and upon their unanimous approval of the same said building to be constructed according to plans. . Ch. 17, Art::8 P ARKS.-Oilkdale. 19C; 17-317. Paid attractions; approval of Committee; use of funds. In case there is any paid attraction in the park or where charges are to be paid for admission at the gates, this question should be left in the hands of the Executive Committee, and must receive the unanimous vote of said Executive Com- mittee, and after the approval of the same by the Executive Committee, the party of the fourth part, which is the City of Salina, shall make whatever charges they deem advisable and furnish their an- nual statement, the amount of said receipts and cXjE'nditures connected with said attractions. Such funds to be used on the improving said park from year to year. . 17 -318. Meetings of Executive Committee. 14. The Executive Committee as hereinbefore described shall meet once a year, and said meeting shall be on the first Friday after the first Monday in Janu- ai'y of each year, or as often thereafter as the Chair- man of the Executive Committee may elect. In witness whereof, the parties herein have exe- cuted these presents the day and year first above written. THE SALINE COUNTY AGRICULTURAL, HORTICULTURAL AND MECHANICAL ASSOCIATION, By P. A. Tobin, President. Attest: Chas. H. Bren, Acting Secretary. William Muir, G. E. Bengston, G. C. Hinkle, The County Commissioners of Saline County, Kansas, as Trustees of Oakdale Park for the use and bene- fit of the Saline County Agricultural, Horticul- tural and Mechanical Association. THE COUNTY OF SALINE, STATE OF KANSAS, By William Muir, G. E. Bengston, G. C. Hinkle, Board of County Commissioners. THE (SEAL) Attest: CITY OF SALINA, By F. S. Dyar, Mayor and Chair- man of fhe Board of City Commissioners. Chas. E. Banker, City Clerk. 17-319. Municipal Swimming Pool; Persons pro- hibited. That it shall be unlawful for any person having or suffering from any venereal disease or any other contagious or infectious disease or who shall have on his or her person any open sores, wounds, cuts, rash, skin eruptions or whose appear- ease, to enter the municipal swimming pool located . ance shall give evidence of any skin or blood dis- in Oakdale Park in the City of Salina. (~1, Ord. 3247, 5-22-26). 17-320. Same; Duty of Supt. That it shall be the duty of the superintendent of said municipal swimming pool or of any life guard or other em- ployee thereof, or any police officer, to prohibit the admission of any person described in Section 1 of this ordinance or whose appearance indicates the existence of any disease mentioned in Section 1 here- of, from entering said swimming pool, and to re- move from said swimming pool any such person who may have entered the same without the knowledge or over the objection of said superintendent, em- ployee or officer. (~2, Ord. 3247, 5-22-26). 17-321. Swimming Pool; Shower Bath Required. That no person shall enter said swimming pool with- out first taking a shower bath, and without first, if directed by said superintendent, or other person in charge of the pool, complying with such other directions or regulations, relating to the use of soap or otherwise, as such superintendent or other per- son may require. (~3, Ord. 3247, 5-22-26). 17-322. Same; violation. Any person who shall conduct himself or herself in a disorderly or inde- cent manner in or about said pool shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided for and shall be removed from said pool, or from Oakdale Park, on order of the superintendent of said pool, and may, in the discre- tion of such superintendent, be thereafter refused admission to said pool. (~4, Ord. 3247, 5-22-26). 17 -323. Rules and Regulations. That the super- intendent of such swimming pool shall prepare a set of rules and regulations governing the use of said swimming pool and the dressing rooms and grounds adjacent thereto, and the conduct of per- sons therein, and shall change or amend such rules or regulations from time to time as the need there- for may arise, which with any such amendment or changes shall be submitted to the Board of Com- missioners 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 pool, and after such posting, any violation of such rules shall be considered a viola- tion of the provisions of this ordinance, and any person violating the same shall be refused admis- sion to or removed from the pool, as the case may require. (~5, Ord. 3247, 5-22-26). 17-324. Violation; penalty. That any person vio- lating any of the provisions of this ordinance or 196 P ARKS.-Oakdale. Ch. 17, Art. 3 any of the rules posted by the superintendent of a misdemeanor and shall be fined in any sum not said swimming pool in accordance with the provi- exceeding $50.00 for each offense. (~6, Ord. 3247, sions of this ordinance shall be deemed guilty of 5-22-26). -_.,.._-----,._-----,------~-'-~-^.-._._-- . Ch.17, Art. 4, 5, 6 ARTICLE 4.-Highland -Court Park (Sunset Park). P ARKS.-Highland Court (Sullset); City Park; Thomas 197 17-401. Highland Court Park. The owner of block 17 in Highland Court, an addition to the City of Salina, conveyed the title to said property to the City of Salina by warranty deed dated June 5th, 1918, which is recorded in the office of the Regis- ter of Deeds in book 68 of Deeds at page 334, it being a condition of said deed that if the City, after the expiration of three years from the date of said deed, should abandon the use of said land as a pub- lic park, or use the same for other purposes, then :laid land and every part thereof should revert to the grantor in said deed. ARTICLE 5.-city Park. 17-501. City Park, occupying the block between Second and Third Streets and between Mulberry and Walnut Streets, except lots at each end of the block facing Mulberry and Walnut Streets was acquired by dedication, for use for a public park, in the plat of the original town site of the Town of Salina. . NOTE: By special act of the Legislature (See Ch. 308, L. 1937, as amended by Ch. 250, L. 1939) the City of Salina was authorized to sell the above described property to the Salina Board of Educa- tion for school purposes. The minutes of the September 6th, 1938 meeting of the Board of Commissioners show a resolution of the Salina Board of Education, which was pre- sented to the Board of Commissioners, requesting the City to deed said City Park to the Salina Board of Education for the purpose of a site upon which to erect a high school. On motion duly made, sec- onded and carried, the Mayor and City Clerk were authorized to execute such deed. 17-601. Thomas Park; Lease. . LEASE This Agreement of Lease made and entered into this 1st day of June, 1936, by and between St. John's School, Inc., of the City of Salina, Sa- line County, Kansas, party of the first part, here- inafter referred to as Lessor, and The City of Salina, Kansas, a municipal corporation, party of the second part, hereinafter referred to as Lessee, Witnesseth: For and in consideration of the rents and cov- enants hereinafter specified, the Lessor, being the owner of the real estate hereinafter described, does hereby let and lease unto said Lessee, to be used by said Lessee for the purposes of a public park, the following described land located in the North- west Quarter of Section One (1), and the North- east Quarter of Section Two (2), Township Four- teen (14) South, Range Three (3) West of the Sixth P. M. in Saline County, Kansas, which is now and is in the future to be known as Thomas Park, and which is described by metes and bounds as follows, to-wit: Part of the Southeast Quarter of the North- east Quarter of Section Two (2), Township Four- teen (14) South, Range Three (3) West of the Sixth P. M. described as follows: Commencing at the point of intersection to the center line of the original channel of Dry Creek with the east line of said Section Two, thence in a northerly and wes- terly direction up the center line of the original channel of Dry Creek to its intersection with the north line of the South one-half of the Northeast Quarter of said Section Two, thence east along the north line of the south one-half of the Northeast Quarter of said Section Two to a point 106.1 feet west of the east line of said Section Two, thence south 237.8 feet, thence east to the east line of Sec- tion Two, thence south on said Section line to the point of beginning. Also a part of the Southwest Quarter of the Northwest Quarter of Section One (1), Township Fourteen (14) South, Range Three (3) west of the Sixth P. M. described as follows: Commencing at the point of intersection at the center line of the original channel of Dry Creek with the west line of said Section One (1), thence in a easterly and northerly direction down the center of the original channel of Dry Creek to a point at the center of said channel 327.6 feet south of the north line of the Southwest Quarter of said Section One (1), thence west to the west line of said Section One (1), thence south to point of beginning. Excepting from said tract the right-of-way of the public highway known as U. S. Highway No. 81, being an extension of Ninth Street in the City of Salina; for a term of twenty-five years from the date hereof, at and for an annual rental of $50.00 per year, to be paid by Lessee to Lessor on the 1st day of June in each year, commencing with the year 1936, which said rental the said Lessee hereby agrees to pay throughout the term above specified. It is understood and agreed that Lessee will at its own expense maintain said land as a public park and will use and permit the use of the same only for the purpose of a public park which use shall be deemed to include the use and permission for use of the same by organizations of girl scouts and boy scouts or similar organizations for meeting and camping purposes, and it is further agreed that at the expiration of the term of this lease or any re- newal thereof any permanent structures erected on 198 PARKS.-Thomas. Ch. 17, Art. 6 said land by the Lessee during the term of this lease hereunto affixed as of the day and year first above shall remain on this land and become the property written. of Lessor. As a further consideration for this lease and as a part of the rental therefor, the Lessee agrees to pay all taxes and assessments levied and assessed against said land during the term of this lease. (SEAL) Attest: Earl C. Woodward, Sec'y. ST. JOHN'S SCHOOL, INC., By E. A. Hiller, 1st. Vice Pres. Lessor. In Witness Whereof, the parties hereto have caused this instrument to be executed by their duly (SEAL) authorized officers and their corporate seals to be Attest: Chas. E. Banker, City Clerk. THE CITY OF SALINA, KANSAS, By Ed. Morgenstern, Mayor. Lessee. . Ch.18 PLATS AND ADDITIONS. -_._-----_._-~----~-~-_.__._------ ._.~_..- .._~---_._-- CHAPTER IS.-PLATS AND ADDITIONS. 199 Lot 3, Tenlawns Court is comprised of the south 25 feet of Lots 7 and 8 and the north 25 feet of Lots (For Ordinances regulating the Platting of Additions 15 and 16 in Block 2, Brown's Addition. see Chapter 6, Article 4, City Planning Com- mission, Sees. 6-401 to 6-409.) 18-101. Replatting of Blocks 2 and 3 Sunnyside Addition. Blocks 2 and 3 of Sunnyside Addition were replatted and the frontage of certain lots in said blocks was changed so that all of said lots would face on Fifth Street and a ten foot alley through said blocks was vacated, in accordance with the petition of the owners of said property by Ordi- nance 1401, Febru,t,ry 17th, 1908. 18-102. Replatting Block 3 Bonds Addition. Block 3 Bonds Addition was replatted and the frontage of lots therein ~anged. A twenty foot alley extend- ing North and South vacated, and Fifth Street and a twelve foot alley running North and South along' said block were opened, 21.8 feet on the West side of Fourth Street adjacent to said block was vacated and the number of lots therein was increased by Ordinance 1364, February 26th, 1907. . 18-103. Replatting Block 1 and parts of Blocks 2-3-4 and 6 in Morrisons Third Addition. The front- age of lots in Block 1 and in parts of blocks 2-3-4 and 6 in Morrisons 3rd Addition was changed and certain streets and alleys were vacated and certain other streets and alleys in said blocks were opened in accordance with the petition of the owners of said property, by Ordinance 1469, March 15th, 1909. 18-104. Replatting Lots 7 to 16, Block 2 Brown's Addition. That the petition of Pearl W. Hartzel, the ownllr of Lots 7 to 16 inclusive in Block 2, Brown's Addition to the City of Salina, Saline County, Kansas, for permission to change the lot frontage and to replat said lots, be and the same is hereby approved to the following extent and upon the following terms and conditions to-wit: 1. The lot frontage of said lots 7 to 16 inclusive in Block 2 in Brown's Addition shall be changed and such lots shall be replatted into ten lots to be known as Lots 1 to 10 inclusive in Tenlawns Court, a re-survey of lots 7 to 16 inclusive in Block 2 in Brown's AddHion, Salina, Kansas, said lots as re- platted being constituted as follows: Lot 1, Tenlawns Court is comprised of the north 50 feet lots 7 and 8, Block 2, Brown's Addition. Lot 2, Tenlawns Court is comprised of the south 50 feet of the north 100 feet of lots 7 and 8 in Block 2, Brown's Addition. . Lot 4, Tenlawns Court is comprised of the north 50 feet of the south 100 feet of Lots 15 and 16 in Block 2, Brown's Addi,tion. Lot 5, Tenlawns Court is comprised of the south 50 feet of Lots 15 and 16, Block 2, Brown's Addition. Lot 6, Tenlawns Court is comprised of the south 50 feet of Lot 12 and the south 50 feet of the west 47lh feet of Lot 13 in Block 2, Brown's Addition. Lot 7, Tenlawns Court is comprised of the north 50 feet of the south 100 feet of Lot 12 and the north 50 feet of the south 100 feet of the west 47lh feet of Lot 13 in Block 2, Brown's Addition. Lot 8, Tenlawns Court is comprised of the north 25 feet of Lot 12 and the north 25 feet of the west 47lh feet of Lot 13 and the south 25 feet of Lot 11 and the south 25 feet of the west 47lh feet of Lot 10 in Block 2, Brown's Addition. Lot 9, Tenlawns Court is comprised of the south 50 feet of the north 100 feet of Lot 11 and the south 50 feet of the north 100 feet of the west 47lh feet of lot 10, Block 2, Brown's Addition. Lot 10, in Tenlawns Court is comprised of the north 50 feet of Lot 11 and the north 50 feet of the west 47lh feet of Lot 10, Block 2, Brown's Ad- dition. 2. Lots 1 and 10 in Tenlawns Court will face north on Brown Street. Lot 5 and 6 in Tenlawns Court will face south on Frost Street. Lots 2, 3 and 4 in Tenlawns Court will face west on Tenlawns Place. Lot 7, 8 and 9 in Tenlawns Court will face east on Tenlawns Place. All dwelling houses erected on said lots will be so erected that the frontage will be the same as the lot frontage herein specified. 3. The set back line from the street of all struc- tures, including dwelling houses and garages, whether attached or detached, will be not less than 20 feet from the s'treet line of the street upon which any such lot fronts and not less than 20 feet from the street line of any street upon which any such lot abutts. 4. The premises adjacent to Sherman Street will at all times be kept and maintained as lawns and will not be permitted to become unsightly or pre- sent and unsightly frontage on Sherman Street. 5. The owner of the property above described to- wit, Pearl W. Hartzel and Laura Hartzel, his wife, will convey by warranty deed to the City of Salina, 200 PLATS AND ADDITIONS. Ch. 18 free and clear of all liens, incumbrances. and taxes of every kind the following described portion of said lots to-wit: All of Lots 9 and 14 and the east 2% feet of Lot 10 and the east 2% feet of Lot 13 in Block 2, Brown's Addition, described by metes and bounds as follows: which, above referred to, is hereby accepted by the City of Salina. Commencing at a point in the north line of Frost Street One Hundred (100) Feet East of the South- west corner of Lot Twelve (12), Block Two (2), Frost Street, Brown's Addition, thence north to a point in the south line of Brown Street One Hundred (100) Feet East of the Northwest corner of Lot 18-105. This ordinance shall take effect and be Eleven (11), Block Two (2), Brown Street, Brown's in force from and after its passage and publication Addition, thence east along the south line of Brown in the official city paper and its acceptance in writ- Street, Fifty-One and eight-tenths (51.8) feet, thence ing by said Pearl W. Hartzel and after a certified south to a point in the north line of Frost Street copy thereof and proof of publication has been re- One Hundred Fifty-Two and one-tenth (152.1) Fee~ corded with Register of Deeds of Saline County, east of the Southwest corner of said Lot Twelve Kansas, provided that such publication and record- (12), Block Two (2), Frost Street, Brown's Addi- ing shall be made at the expense of said petitioner, tion, thence west along the north line of Frost Pearl W. Hartzel. (~2, Ord. 4944, 10-3-39). Street to the place of beginning, which tract above I I hereby accept the provisions of the foregoing described is to be used as and for a public street I Ordinance No. 4944. to be known as Tenlawns Place and the deed to PEARL W. HARTZEL. 6. Said petitioner, Pearl W. Hartzel, and his heirs and assigns shall install and pay for all necessary water and sewer lines to serve said lots as replatted and will install and pay for curb and gutter and oil mat surface on the roadway of said street, all sub- ject to the specifications and approval of the City Engineer of the City of Salina. (~1, Ord. 4944, 10- 3-39). . . . Ch. 19, Art. 1 CHAPTER 19.-POLICE DEPARTMENT. POLICE DEPARTMENT.-Duties of Police. Article I.-Duties of Police.-19-101 to 19-118. 2.-Police Court.-19-201 to 19-207. ARTICLE I.-Duties of Police. 19-101. Reference to City Marshal; refer to Chief of Police. That wherever in any ordinance hereto- fore adopted by the Governing Body of the City of Salina, Kansas, any reference is made to the City Marshal or Assistant Marshal, such reference shall be deemed to be and shall refer to the Chief of Police and to the Assistant Chief of Police respec- tively. (~2, Ord. 3030, 9-15-24). 19-102. Duties of Police Chief. It shall be the duty of the City Marshal to diligently serve and execute all legal warrants, writs or other process issued by the Police Judge of said City and deliver to him in the manner required by law, and dili- gently execute all orders of said council; to see that the ordinances of said City are enforced. (~12, Ord. 280, 6-24-79). 19.103. Same; take persons arrested before Police Judge. To arrest with or without process all per- sons committing or attempting to commit any of- fense in his presence against the laws of the State of Kansas or against any ordinance of the City of Salina, or in any manner disturbing the peace and good order of the City of Salina, or any of its in- habitants, and to arrest all persons found under suspicious circumstances who cannot give a good account of themselves, and to take every person ar- rested by him, if in the day time, before the Police Judge of the City, and if in the night time to the City prison and keep them until the next day and then take them before the said Police Judge, and report to him in every such case the cause of arrest, the facts connected with the case, and ,the names of the witnesses, and in case of the temporary ab- sence or sickness of said Police Judge he shall safely keep such person so arrested in the City prison or otherwise, or take him before some justice of the peace of said City and report as aforesaid to said Justice in the absence or sickness of said Police Judge. (~13, Ord. 280, 6-24-79). 19-104. Same; deliver property to successor. Said Marshal shall well and faithfully perform and exe- cute the duties of his office without fraud, deceit or oppression, and shall deliver to his successor all writs, papers, and other things pertaining to his of- fice. (~14, Ord. 280, 6-24-79). 19-105. Same; enforce ordinances of City and penal laws of state. He shall be industrious and vigilant not only in preventing any infraction of the ordinances of said City, and bringing offenders against them to justice, but also in causing the pre- vention and punishment of offenses against the penal laws of the State of Kansas, committed within said City, and in suppressing disturbances, affrays, riots and other breaches of the peace therein. (~15, Ord. 280, 6-24-79). 19-106. Police Chief; authority to enter houses, etc., and arrest offenders. The said Marshal shall have authority to enter any house, enclosure or other place where a breach of the peace or other crime has been or is about to be committed, or any law or ordinance of said City has been or is about to be violated, and arrest the offenders, and he shall at all times properly guard and protect the inhabitants and property of the City of Salina to the best of his ability. (~16, Ord. 280, 6-24-79). 19-107. Same; keep account of moneys. Said Marshal shall keep an account of all moneys re- ceived by him for the use of said City, and im- mediately on receipt thereof pay the same over to the Treasurer of said City and take his receipt therefor; said Marshal shall do and perform such other duties as are now or hereafter may be required of him by ordinances or by order of said Council. (SI7, Ord. 280, 6-24-79). 19-108. Duties of Policemen. The duties, powers and privileges of said Policemen shall be the same as are now or shall hereafter be prescribed by ordi- nance for the Marshal, and said Policemen shall obey the orders of the Marshal of said City. (~20, Ord. 280, 6-24-79). 19.109. Police Officers wear badge. The Marshal, Assistant Marshal and each Policeman shall wear a metallic star, to be furnished by the City, and shall, at all times when on duty, wear the same in such a manner that it may be plainly seen. (~23, Ord. 280,6-24-79). 19-110. Police Dept.; Personnel. That there shall be in the Police Department a Chief of Police; two assistant chiefs of police, who shall be designated as and have the rank of Captains of Police; three desk sergeants; and such other policemen, including patrolmen, plain clothes men, traffic officers, motor- cycle officers, and other special officers, as the City Manager may from time to time appoint. (~1, Ord. 3323, 1-3-27). 201 202 POLICE DEPARTMENT.-Duties of Police. Ch. 19, Art. 1 19-111. Same; Salaries. Desk sergeants and all other regular police officers, (except motorcycle of- ficers furnishing their own equipment) shall be paid according to the following schedule, to-wit: For the first six months of their employment, or of any re- employment in the department after an absence from the department of more than one month, such of- ficer shall receive a salary of from $80.00 per month to $100.00 a month depending upon their experi- ence and fitness, the amount of such salary for the first six months to be determined by the City Man- ager. After the first six months of their employ- ment, if their service has been satisfactory and they are retained on the police force, each such officer shall be entitled to an increase in salary of $10.00 per month for the next succeeding six months' period of employment, and an additional increase of $10.00 per month for each succeeding six months' period of continuous employment until the salary of such officer shall reach $110.00 per month, and there- after an additional increase of $~.OO per month for each succeeding six months' period of continuous employment until the salary of such officer shall reach $120.00 per month; and such officer shall thereafter be paid at the rate of $120.00 per month. Any motorcycle police officer now or hereafter em- ployed by the city, shall be paid such salary, which shall include the furnishing by him of his motor equipment and all expenses of upkeep and opera- tion, as may be agreed on by the City Manager with the approval of the Board of Commissioners, not to exceed, exclusive of compensation allowed for the use of motor equipment, $120.00 per month. (~2, Ord. 3323, 1-3-27; Amd. ~3, Ord. 4825, 1-10-38; see 6-304) . 19-112. Same; Duties. All police officers shall be appointed by and hold their office at the pleas- ure of the City Manager. The Chief of Police shall perform such duties as are prescribed by law or ordinance, and as may be assigned him by the City Manager or the Board of Commissioners. The Chief of Police may at any time suspend any officer, with- out pay, for any cause which he may deem suffi- cient, and relieve him of his badge and other insig- nia, pending dismissal or reinstatement by the City Manager. All other police officers shall perform such duties as are designated by law or ordinance or as may be assigned to them by the Chief of Police. Nothing in this ordinance shall require the reappointment or recommissioning of any officer now in the employ of the police department, but all officers now commissioned shall remain as such until removed as by this ordinance provided. (~3, Ord. 3323, 1-3-27). 19-113. Same; Regulations. The Chief of Police shall from time to time make and post in the police headquarters such rules and regulations relating to the conduct of the Police Department and of the police officers as he may deem necessary. 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 officer which shall be approved by the Chief, ex- cept that in the discretion of the Chief any officer may at any time be ordered on duty in plain clothes. Any officer shall have authority and shall be re- quired 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. (~4, Ord. 3323, 1-3-27). 19-114. Same; Hours of Duty. The Chief of Police shall apportion the officers in his depart- ment into three shifts of eight hours each, so that each officer shall be on regular duty eight hours each day and shall make such rules and regula- tion relating to the hours of duty and the change of shifts as may be reasonable and necessary, and each shift shall be in charge of either the Chief of Police or one of the captains to be designated by the Chief, and the captain so designated shall be acting Chief of Police in the absence of the Chief of Police; provided however whenever he deems it 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 hours herein pro- vided for. (~5, Ord. 3323, 1-3-27). 19-115. Police Matron. The City Manager shall have authority to appoint a police matron, who shall be a regularly commissioned police officer with all of the authority and duties of other policemen, but who shall serve without pay from the City of Salina, and shall perform such duties as may be assigned to her by the City Manager, and who shall hold office at the pleasure of the City Manager. (~6, Ord. 3323, 1-3-27). 19-116. Office of Chief of Detectives abolished. That the office of Chief of Detectives heretofore existing in the Police Department of the City of Salina be and the same is hereby abolished. (~2, Ord. 2424, 1-21-22). 19-117. Police may call on citizens for assistance. That the Mayor, City Marshal and Assistant Mar- shal, or any duly appointed and qualified Policeman of the City of Salina shall have power and are hereby authorized to call upon every male inhabitant of said City over eighteen years of age and under Ch. 19, Art. 1 POLICE DEPAR'l'MENT.-Duties of Police. 203 the age of fifty years, to aid and assist them in I any person, when called upon as aforesaid by the serving any process, or in performing any of their Mayor, City Marshal, or any Assistant Marshal, or duties as such officers, or in enforcing the laws. any duly appointed and qualified policeman, and re- (~1, Ord. 270, 6-24-1879). fusing to render immediate assistance, shall, upon conviction thereof, be fined in any sum not exceed- 19-118. Refusal to assist Police; penalty. That ing One Hundred Dollars. (~2, Ord. 270, 6-24-1879). . . po'- 1 C. .0:- ~Du..T ~ <911D. ~o')15 * t.\q ~,,- r 20(, -e ARTICLE 2.-Police Court. POLICE DEPARTMENT.-Police Court. 205 Ch. 19, Art. 2 (Note: Parole by Police Judge, See 12-1103, -1104, G. S. 1936) 19-201. Fines; default in payment; prisoners re- quired to work. Whenever any person shall be con- victed in the Police Court of any offense against any ordinance of the City of Salina and be adjudged to pay any fine, forfeiture or penalty and the costs of prosecution, or secure the payment of the same to the satisfaction of the Mayor and shall be com- mitted to the City prison in default thereof it shall be lawful for the Marshal of the City to compel such person to work at hard labor either on the streets or in any public or private place where em- ployment can be found for such person until such fine and costs are paid. (~1, Ord. 271, 6-24-1879). . 19-202. Fines collected; levy on property. All fines imposed under any ordinance of this City may also be enforced by capias commanding the officer to collect said fine by levying upon the goods and chattels of the defendant; and all goods and chat- tels levied upon as aforesaid shall be sold in the same manner as goods levied upon by a constable under an execution issued out of a Justice's Court in this State. (~2, Ord. 271, 6-24-1879). 19-203. Prisoners work 10 hours; allowance on judgment. Such persons shall not be compelled to work more than ten hours a day and for every day's work performed by him shall have credited $2.00 on the judgment against him, and when the judg- ment and costs are satisfied by such work, shall be discharged from custody. (~3, Ord. 271; Amd. ~1, Ord. 3064, 2-2-1926). 19-204. Prisoners confined. Such persons when not at work shall be confined in the City prison and when at work may be secured by such chains, guards or other means of confinement and restraint as may be necessary to prevent his escape and the Marshal may place such prisoners in the care of any Policeman, Street Commissioner or Contractor during the time he may be employed at such labor and compel him to work under their care and direc- tion. (~4, Ord. 271, 6-24-1879). 19-205. Prisoners meals. The Marshal shall cause such person during his imprisonment to be fed three meals per day of plain and wholesome food at the expense of the City. (~5, Ord. 271, 6-24-1879). . 19-206. Prisoners; refusal to work; penalty. If any person liable to be set to work under the pro- . visions of this ordinance shall refuse to work when required he shall be kept in close confinement and be fed on bread and water only until he shall con- sent to work and shall have no allowance upon the judgment against him for any day on which he shall so refuse to work. (~7, Ord. 271, 6-24-1879). 19-207. Witnesses in Police Court; fees. It shall be the duty of the Police Judge to summon all per- sons whose testimony may be deemed essential as witnesses at the trial of any case in Police Court, upon the request of either party to the case, and to enforce the attendance of such witnesses by at- tachment when necessary. All process issued to se- cure the attendance of witnesses as herein provided may be sel'Ved in any part of Saline County, Kan- sas, as provided by Sec. 13-609, R. S. Kansas, 1923. If any trial shall be continued the court may verbally notify such witnesses as may be present at the con- tinuance to attend before him to testify in such case at the time to which the case is continued, and such verbal notice shall be as valid as a subpoena. Wit- nesses shall receive for each day's attendance at such court the sum of $1.00 per day, and five cents per mile for each mile actually and necessarily trav- eled in going to and returning from the place of at- tendance; Provided, that no witness who resides in the City of Salina shall be entitled to any such mile- age. Such witness fees, mileage, and costs of serv- ing 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 mile- age 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 witness in Police Court. Costs incurred on the part of the City shall be paid by the City if the defendant is convicted and 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 re- sponsible for such prosecution in his finding, 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. (~1, Ord. 3090, Mch. 16, 1925). ; r u L . (published in the sal ina Jouxnal 1941) ORDDiANCE NO. 4986 AN ORDINANCE relating to and providing for the taxation of ~ ~s in certain cases in the l'.91ni9~_ gOll" ~__ of the City of salina~ and in cases appealed from the judb!Uent of the police Court. BE IT ORDAIWED by the Board of Commissioners of the City of sa.lina~ Kansas: . section 1. That from and after January 1. 1941 the Police Judge of the City of Salina shall tax as costs in every case in said police Court in which any defendant is charged with the viola.tion of the city ordinances of the City of salina, where such defendant enters a plea of Guilty or is convicted of such charge~ except cases where any such defendant is charged with the violation of any ordinance relating to the overtllle parking of vehicles. the sum of ~3.00 and in~H~e in which a judgment of conviction by the police Judge is appealed to the District Court of Saline County. the Police Judge shall tax as additional costs of the proceedings including the filing and approval of the appeal bond~ the allowance of the appeal. and the certification of such proceedings to the District Court~ the admtional sum of ~15.00 vrhich sum shall be certified as costs. together with all other costs taxed in such case~ in the transcript of the police Court proceedings filed by the police Judge in the District Court. The costs herein provided for shall be in addition to any other costs in Police Court cases now provided for by ordinance and when collected by the police Judge shall be paid into the city Treasury in the same manner that fines paid for the viola- tion of city ordinances are now paid. Section 2. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, December 23, 1940 passed. December 30. 1940 Attest: Ed Morgenstern Mayor Chas. E. Banker City Clerk . . . ME" r.. ~f'/ s P ~~ CI' () T1 ~ ~ (!),...~ ij.. lJq g 7 - r' 2. I & ~ I, j..... Ch. 20, Art. 1 PUBLIC HEALTH.-Milk and Dairy Products. CHAPTER 20.-PUBLIC HEALTH. Article I.-Milk and Dairy Products.-20-101 to 20-124. 2.-General Regulations.-20-201 to 20-218. 3.-Venereal Diseases.-20-301 to 20-318. ARTICLE I.-Milk and Dairy Products. 20-101. Definitions. The following definitions shall apply in the interpretation and the enforce- ment of this ordinance: (a) Milk. Milk is hereby defined to be the lac- teal secretion obtained by the complete milking of one or more healthy cows, excluding that obtained within fifteen days before and five days after calv- ing, or such longer period as may be necessary to render the milk practically colostrum free; which contains not less than eight and one-half per cent of milk solids-not-fat, and not less than three and one-fourth percent of milk fat. (b) Milk Fat or Butter Fat. Milk fat or butter fat is the fat of milk. (c) Cream. Cream is a portion of milk which contains not less than eighteen percent milk fat, and the acidity of which is not more than 0.20 percent, expressed as lactic acid. Whipping cream shall con- tain not less than 30 percent milk fat. (d) Skimmed Milk. Skimmed milk is milk from which a sufficient portion of milk fat has been re- moved to reduce its milk fat percentage to less than three and one-fourth percent. (e) Milk or Skimmed-Milk Beverage. A milk beverage or a skimmed-milk beverage is a food com- pound or confection consisting of milk or skimmed milk as the case may be, to which has been added a syrup or flavor consisting of wholesome ingredi- ents. (f) Buttermilk. Buttermilk is the product which remains when fat is removed from milk or cream in the process of churning. It contains not less than eight percent of milk solids-not-fat. (g) Cultured Buttermilk. Cultured buttermilk is the product resulting from the souring or treatment, by a lactic acid culture, of milk or milk products. It contains not less than eight percent of milk solids- not-fat, and shall be pasteurized before adding the culture. (h) Vitamin D Milk. Vitamin D milk is milk the vitamin D content of which has been increased by a method and in an amount approved by the health officer. (i) Reconstituted or Recombined Milk. Recon- stituted or recombined milk is a product resulting from the recombining of milk constituents with water, and which complies with the standards for milk fat and solids-not-fat of milk as defined herein. (j) Milk Products. Milk products shall be taken to mean and include cream, vitamin D milk, butter- milk, cultured buttermilk, skimmed milk, reconsti- tuted or recombined milk, milk beverages, and skimmed-milk beverages. (k) Pasteurization. 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 a temperature of not less than 142 degrees F., and holding at such tempera- ture for not less than 30 minutes in pasteurization apparatus approved by the health officer, provided that approval shall be limited to apparatus which requires a combined holder and indicating thermom- eter temperature tolerance of not more than l1h degree F., as shown by official tests with suitable testing equipment, and provided that such apparatus shall be operated as directed by the health officer and so that the indicating thermometers and the re- cording thermometer charts both indicate a temper- ature of not less than 143lh degrees F., continuously throughout the holding period. The terms "pas- teurization", "pasteurized", and similar terms shall also include the process of heating every particle of milk or milk products to 160 degrees F., and hold- ing at that temperature or above for not less than 15 seconds in apparatus designed and operated in ac- cordance with specifications approved by the State Health Department. Provided that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated as of at least equal efficiency and is approved by the State health authority. (1) Adulterated Milk and Milk Products. Any substance claimed to be any milk or milk product defined in this ordinance, but not conforming with its definition as given in this ordinance, or which carries a grade label unless such grade label has been awarded by the health officer and not revoked, shall be deemed adulterated and misbranded. (m) Milk Producer. A milk producer is any per- son who owns or controls one or more cows, a part or all of the milk and milk products from which is sold. (n) Milk Distributor. A milk distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. 207 208 PUBLIC HEALTH.-l\illk and Dairy Products. Ch. 20, Art. 1 ( 0) Dairy or Dairy Farm. A dairy or dairy farm is any place or premises where one or more cows are kept, a part or all of the milk or milk products from which is sold. (p) Milk Plant. A milk plant is any place, or premises, or establishment where milk or milk prod- ucts are collected, handled, processed, stored, bot- tled, pasteurized, or prepared for distribution. (q) Health Officer. The term "health officer" shall mean the Milk Inspector of the City of Salina, Kansas, or such other officer or officers of the City of Salina, as may be authorized by ordinance to per- form the duties of said office as provided for by this ordinance, or his or their authorized represen- tatives. (1') Average Bacterial Plate Count, Reduction Time, and Cooling Temperature. Average bacterial plate count shall be taken to mean the logarithmic average of the bacterial plate counts of the last four consecutive samples, taken upon separate days, ir- respective of periodic grade announcements. Aver- age reduction time shall be taken to mean the arith- metic average of the reduction times of the last four consecutive samples, taken upon separate days, irrespective of periodic grade announcements. Aver- age cooling temperature shall be taken to mean the arithmetic average of the temperatures of the last four consecutive samples, taken upon separate days, irrespective of periodic grade announcements. (s) Grading Period. The grading period shall be such period of time as the health officer may designate within which grades shall be determined for all milk and/or milk products, provided that the grading period shall in no case exceed six months. (t) Bactericide. The term "bactericide" shall be taken to mean any bactericidal substance or process approved by the health officer. (u) Person. The word "person" as used in this ordinance shall mean "person, firm, corporation, or association." (~1, Ord. 4709, 12-21-36). 20-102. The Sale of Adulterated, Misbranded or Ungraded Milk or Milk Products Prohibited. No person shall within the City of Salina, or its police jurisdiction produce, sell, offer, or expose for sale, or have in his possession with intent to sell, any milk or milk product which is adulterated, mis- branded or ungraded, or which contains any visible dirt or sediment. It shall be unlawful for any per- son, elsewhere than in a private home, to have in possession any adulterated, misbranded, or ungraded milk or milk product, or any milk or milk product which contains any visible dirt or sediment. (~2, Ord. 4709, 12-21-36). 20-103. Permits; Fees. It shall be unlawful for any person to bring into or receive in to the City of Salina, or its police jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served, or kept for s'ale, any milk or milk product defined in this ordinance, who does not possess a permit from the health officer of the City of Salina, and on whose vehicle and in whose place of business there does not appear in a conspicuous place the permit num- ber of figures at least three inches high and one and one-half inches wide, and on any such vehicle the name of the holder of such permit of the name under which he is engaged in business. Before any such permit shall be issued by the health officer, the person desiring the same shall file with the health officer an application signed by such person, which shall state the name of such person and the name under which he does business, the kind of business in which such person is en- gaged and for which he desires such permit, the location of the dairy farm, milk plant, or other place of business for which such permit was desired, the number of cows kept on any such dairy farm, in case the applicant is a milk producer, whether the same are milked or not, and the number and kind of vehicles used by any such person in connection with the sale or distribution of such milk, together with such other information as the health officer may require, and shall pay to the health officer the fees provided for in this ordinance, which fees shall be accounted for and turned over by the health of- ficer to the City Clerk and placed in the City Treas- ury to the credit of the Milk Inspection department of the general fund of said city. Any such permit shall remain in effect only for the remainder of the calendar year during which it is issued and shall expire on December 31st of such year. Whenever after any such permit is issued the person holding the same shall have or keep any additional cows on his premises not listed in his application for such permit, or shall use any additional vehicles not listed and described in said application, he shall file with the health officer a supplemental application and pay such additional fees therefor as may be required in this ordinance, such additional fees to be computed as if such additional cows or vehicles were included in the original ap- plication and in the permit issued to such person for that year. Such a permit may be revoked by the health of- ficer upon the violation by the holder of any of the terms of this ordinance or in any emergency when in the judgment of the health officer the milk or . . . Ch. 20, Art. 1 PUBLIC HEALTH.-Milk and Dairy Products. milk product in question has become a public health menace, or whenever for any other cause in the opinion of the health officer the public health re- quires such revocation, provided that the holder of such permit shall, after complying with such revo- cation, have the right to appeal to the Board of Com- missioners of the City of Salina, which board, after hearing the facts upon which such revocation was based, shall either sustain the order of revocation made by the health officer or set the same aside and reinstate such permit, and the decision of the Board of Commissioners on any such appeal shall be final. The fees which shall be required of and paid by all persons as hereinabove provided for shall be as follows: Each milk producer, who produces and sells raw milk at retail to the ultimate consumer for home consumption or to stores, restaurants, soda foun- tains, or other establishments for resale, shall pay an annual permit fee of $3.00 for three cows or less, owned or controlled by such person, a part of or all of the milk or milk products from which are sold, and 50c additional for each additional cow over three in number, provided that no additional permit fee shall be charged to any such person for any vehicle used by him in the sale or distribution ex- clusively of such raw milk or milk product. Each milk producer producing and selling raw milk to any milk plant, for pasteurization, shall pay an annual permit fee of $1.00 for each herd of cows owned or controlled by such person, a part of or all of the milk or milk products of which are sold to any milk plant for pasteurization only. Every person owning or controlling a milk plant, where milk or milk pl'oducts are handled, processed, stored, bottled, pasteurized or prepared for distri- bution shall pay an annual permit fee of $25.00 per year for each vehicle used by such person in con- nection with the sale or distribution of such milk or milk product, provided that such permit fee of $25.00 for each such vehicle shall not apply to a milk producer selling only raw milk produced from cows owned or controlled by such person, and who has paid the permit fees for such cows as hereabove provided for. Every person owning or controlling a restaurant, cafe, soda fountain, store or other establishment, serving or selling milk or milk products shall pay an annual permit fee of $1.00 per year. (~3, Ord. 4709, 12-21-36). 20-103A. Permit Fees; Pasteurizing Plants. That from and after January 1st, 1940, the annual per- mit fee required to be paid by persons owning or controlling a milk plant where milk or milk prod- ucts are handled, produced, stored, bottled, pasteur- ized or prepared for distribution, shall be $10.00 per year for the first vehicle and $5.00 pel' year for each additional vehicle used by such person in con- nection with the sale or distribution of such milk or milk products instead of $25.00 per year for each vehicle as now provided for in Section 3 (20-103) of Ordinance No. 4709. (gl, Ord. 4963, 12-30-39). 20-104. 20-120). 20-105. and Milk grading. Section 4. Labeling and Placarding. (See Section 5. Inspection of Dairy Farms Plants for the Purpose of Grading or Re- (See 20-121). 20-106. The Examination of Milk and Milk Products. During each grading period at least four samples of milk and!or milk products from each diary farm and each milk plant shall be taken on separate days and examined by the health officer. Samples of milk and! or milk products from stores, cafes, soda fountains, restaurants and other places where milk or milk products are sold shall be ex- amined as often as the health officer may require. Bacterial plate counts shall be made in conformity with the latest standard methods recommended by the American Public Health Association. Exami- nations may include such other chemical and physi- cal determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in accordance with the latest standard methods of the American Public Health Association and the Association of Official Agricultural Chemists. Bacterial plate count reduc- tase test, and cooling temperature results shall be given to the producer or distributor concerned as soon as determined if said results fall within the limits prescribed for the grade then held. Samples may be taken by the health officer at any time prior to the final delivery of the milk or milk prod- ucts. All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall fur- nish the health officer, upon his request, with the name of the distributor from whom their milk and! or milk products are obtained. Bioassays of the vita- min D content of vitamin D milk shall be made when required by the health officer in a laboratory ap- proved by him for such examinations. (g6, Ord. 4709, 12-21-36). 20-106A. Inspection and Testing for Disease. No person shall within the City of Salina or its police jurisdiction produce, sell, offer or expose for s~le or have in his possession with intent to sell any mIlk or milk product as defined by Ordinance No. 4709 of 209 210 PUBLIC HEALTH.-Milk and Dairy Products. Ch. 20, Art. 1 the City of Salina, (see ~20-101) unless such milk or milk product has been produced from cows which have been inspected and tested for and found to be free from disease in accordance with the following requirements of this ordinance, and no permit shall be issued to any person for the sale or distribution of milk or milk products within the City of Salina, and no person shall be permitted to sell or distribute milk or milk products within the City of Salina under any permit previously issued, unless the cows from which such milk is produced and all cows kept on the same premises with such cows, shall have been inspected, tested and certified in accordance with the following requirements of this ordinance. (~2, Ord. 4960, 12-29-39). 20-106B. Tuberculosis Test. Item 1-R of Section 7 of Ordinance No. 4709 (see ~20-107) of the City of Salina shall hereafter apply to all cows and herds from which milk is produced, sold or distributed for consumption in the City of Salina or its police jurisdiction, and to all cows kept on the same prem- ises with any such cows. (~3, Ord. 4960, 12-29-39). 20-106C. Bang's Disease. No milk or milk prod- ucts shall be produced, sold or distributed for con- sumption in the City of Salina unless all of the cows in the herd or herds from which any such milk is produced and all cows kept on the same premises with the cows from which any such milk is pro- duced shall have been found free from Bang's disease as shown by blood serum tests for agglutinins against Brucella abortus. Blood samples shall be taken by a licensed veterinarian and tests shall be made in the City laboratory or a laboratory ap- proved by the health officer. All reactors shall be immediately removed from the premises and dis- posed of in accordance with the requirements of the health officer and/or State livestock sanitary com- missioner. All such cows shall be so inspected and tested and certificates covering the cows so tested shall be filed with the city health officer within 90 days from the date this section takes effect. All such cows shall be so tested, inspected and certified at least once every 12 months thereafter and if at any such test any reactor is found such reactor shall be removed from the premises, and all other cows in the same herd or on the same premises shall be re-tested within 90 days from such date. A certifi- cate identifying each animal by number, and signed by the veterinarian and/or laboratory making the test and filed in the office of the city health of- ficer shall be evidence of the above test. (~4, Ord. An~l). 12-29-39). 20-107D. Penalty. Any person who shall violate any of the provisions of this ordinance or who shall fail, refuse or neglect to comply with any of the lawful orders or regulations made by the city health officer pursuant to this ordinance shall be deemed guilty of a misdemeanor and shall be punished to the same extent and in the same manner as for a violation of any of the provisions of Ordinance No. 4709 (see ~20-118), and in addition thereto the is- suance of a permit as required by Ordinance No. 4709 may be denied or if one has been issued any such permit may be revoked by the city health of- ficer upon information received by him of any such violation. (~5, Ord. 4960, 12-29-39). 20-107. The Grading of Milk and Milk Products. At least once every six months the health officer shall announce the grades of all milk and milk products delivered by all producers or distributors and intended for consumption within the City of Salina, or its police jurisdiction. Said grades shall be based upon the following standards, the grading of milk products being identical with the grading of milk except that the bacterial standards shall be doubled in the case of cream, and omitted in the case of Buttermilk and cultured buttermilk. Vitamin D Milk shall be only of Grade A or Grade B Pasteurized, Certified, or Grade A Raw quality. Certified Milk. Certified milk is milk which con- forms with the current requirements of the Ameri- can Association of Medical Milk Commission, and is produced under the supervision of the Medical Milk Commission of the Medical Society of Saline County, and of the State Board of Health or of the City or County Health Officer of Salina, Kansas. Grade A Raw Milk. Grade A Raw Milk is milk the average bacterial plate count of which, as de- termined under Sections 1 (1') and 6 of this ordi- nance, does not exceed 50,000 per cubic centimeter, or the average reduction time of which is not less than 8 hours, and which is produced upon dairy farms conforming with all of the following items of sanitation. Item 1R. Cows, Tuberculosis and Other Diseases. A physical examination and tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve months thereafter, by a licensed veterinarian approved by the State Livestock Sanitary Commis- sion. Said tests shall be made and any reactors disposed of in accordance with the current require- ments approved by the U. S. Department of Agri- culture, Bureau of Animal Industry, for accredited herds. . . . Ch. 20, Art. 1 PUBLIC HEALTH.-Milk and Dairy Products. 211 A certificate sii'ned by the veterinarian attested to by the health officer, and filed with the health officer, shall be evidence of the above test. For diseases other than tuberculosis such tests and examination as the health officer may require 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. Item 2R. Dairy Barn Lighting. A dairy or milk- ing barn shall be required, and such sections thereof where cows are milked shall have at least three square feet of light area for each stanchion, and when necessary shall be provided with adequate sup- plementary artificial light. Item 3R. Dairy Barn, Air Space and Ventilation. Such sections of all dairy barns where cows are kept or milked shall have at least 400 cubic feet of air space per stanchion, and shall be well venti- lated. Item 4R. Dairy Barn. Floors. The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other impervious and easily cleaned material ap- proved by the health officer and shall be graded to drain properly, and shall be kept clean and in good repair. No horses, pigs, fowl, calves, etc., shall be permitted in parts of the barn used for milking. Item SR. Dairy Barn. Walls and Ceilings. The walls and ceilings of all dairy barns shall be white- washed once each year or painted once every two years, or oftener if necessary, or finished in a man- ner approved by the health officer, and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking space it shall be separated therefrom by a dust-tight partition, pro- vided with self-closing doors. Item GR. Dairy Barn. Cow Yard. All cow yards shall be graded and drained as well as practicable and kept clean. Item 7R. Manure Disposal. All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Item SR. Milk House or Room, Construction. There shall be provided a milk house or milk room for the handling and storage of milk and/or milk products and the washing, bactericidal treatment, and storage of milk apparatus and utensils. The milk house or room (a) shall be provided with a tight floor constructed of concrete or other imper- viQUS material, in good repair, and graded to pro- vide proper drainage; (b) shall have walls and ceil- ings of such construction as to permit easy clean- ing, and shall be well painted or finished in a man- ner approved by the health officer; (c) shall be well lighted and ventilated; (d) shall have openings effectively screened including outward-opening, self- closing door to prevent the entrance of flies; and (e) shall be used for no other purpose than those specified above, shall not open directly into a stable or into any room used for domestic purposes, shall have water piped into it, shall be provided with ade- quate facilities for the heating of water for the cleaning of utensils, shall be equipped with station- ary wash and rinse vats, which, in the case of retail raw milk, if chlorine is employed as the principal bactericidal treatment, shall be of the three-com- partment type, and shall be partitioned to separate the handling of milk and the storage of cleansed utensils from the cleaning and other operations, which shall be so located and conducted as to pre- vent any contamination of the milk or of cleaned equipment. Item 9R. Milk House or Room, Cleanliness and Flies. The floors, walls, ceilings, and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. Item lOR. Toilet. Every dairy farm shall be provided with one or more sanitary toilets conveni- ently located, and constructed, operated, and main- tained in accordance with the recommendations of the State Board of Health, so that the waste is in- accessible to flies and does not pollute the surface soil or contaminate any water supply. Item UR. Water Supply. The water supply for the milk room and dairy barn shall be properly located, constructed, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality. Item 12R. Utensils, Construction. All containers or other utensils used in the handling, storage, or transportation of milk or milk products must be made of non-absorbent material and of such con- struction as to be easily cleaned, and must be in good repair. Joints and seams shall be soldered flush. All milk pails shall be of a small-mouth design approved by the health officer. All strainers shall be equipped with sterilized single service strainer filter pads. Milk shall not come in contact with woven wire. Item 13R. Utensils Cleaning. All containers and other utensils used in the handling, storage, or trans- 212 PUBLIC HEALTH.-Milk and Dairy Products. Ch. 20, Art. 1 portation of milk and milk products must be thor- completion ofm,ilking or cooled to 50. degrees F. oughly cleaned after each usage; or less tUld maintained at that average temperature until delivered. Item 14R. Utensils, Bactericidal Treatment. All containers and other utensils used in the handling, storage, or transportation of milk or milk products shall between each usage be treated with steam or chlorine, in a manner approved by the health officer. Item 15R. Utensils, Storage. All containers and other utensils used in the handling, storage or trans- portation of milk or milk products shall be stored in the milk room so as not to become contaminated before again being used. Item 16R. Utensils, Handling. After bactericidal treatment no container or other milk or milk product utensil shall be handled in such manner as to permit any part of the person or clothing to come in con- tact with any surface with which milk or milk prod- ucts come in contact. Item 17R. Milking, Udders and Teats. The ud- ders and teats of all milking cows shall be washed and cleaned at the time of milking. Item 18R. Milking, Flanks. The flanks, bellies, and tails of all milking cows shall be free from visi- ble dirt at the time of milking. Item 19R. Milkers' Hands. Milkers' hands shall be clean, rinsed with bactericidal solution, and dried with a clean towel immediately before milking and following any interruption in the milking operation. Wet hand milking is prohibited. Convenient facili- ties shall be provided for the washing of milkers' hands. Item 20R. Clean Clothing. Milk and milk handlers shall wear clean, washable outer garments while milking or handling milk, milk products, containers, utensils, or equipment. Item 21R. Milk Stools. Milk stools shall be made of metal or other impervious material and shall be kept clean, without padding and stored in the milk house. Item 22R. Removal of Milk. Each pail of milk shall be removed immediately to the milk house or straining room. No milk shall be strained in the dairy barn. Item 23R. Cooling. Milk must be cooled within one hour after completion of milking to 50 degrees F. or less, and maintained at that average tempera- ture, as defined in Section 1 (1'), until delivery, unless it is delivered to a milk plant or receiving station for pasteurization or separation, in which case it must be delivered within two hours after Item 24R. Bottling and Capping. Milk and milk products shall be bottled from a container with a readily cleanable valve, or by means of a bottling machine approved by the health officer. Botties shall be capped by machine. The bottler and capper shall be cleaned and subjected to bactericidal treat- ment before each usage. Caps shall be purchased in sanitary containers and kept therein until used. Item 25R. Personnel, Health. Every person con- nected with a retail raw dairy whose work brings him in contact with the production, handling or stor- age of milk, milk products, containers or equipment shall furnish such information, permit such physical examinations, and submit such laboratory speci- mens as the health officer may require, for the pur- pose of determining the freedom of such person from infection, and it shall be the duty of the health officer to secure such information from such per- sons and to require such physical examinations of such persons immediately after the issuance of a permit to any person owning or controlling any such dairy. The health officer or a physician authorized by him shall in each case take a careful history of such person and make such examination as he or such physician may deem necessary, and if such history or examination suggests that such person may be a carrier of or infected with the organism of typhoid fever, paratyphoid fever or any other communicable, infectious or contagious disease, he shall secure ap- propriate specimens of bodily discharges and cause them to be examined in a laboratory approved by him or by the State Health authorities for such ex- amination, and if any such examination discloses that any such person is a carrier of any such dis- ease or is afflicted with or suffering from any such disease, it shall be unlawful for any such person to continue to work or remain in or about such dairy, and it shall be unlawful for the person own- ing or controlling any such dairy to permit any such persons to work or remain in or about any such dairy. Item 26R. Vehicles. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect the milk or milk products from the sun and from contamina- tion. Such vehicles shall be kept clean, and no sub- stance capable of contaminating milk or milk prod- ucts shall be transported with milk or milk products in such manner as to permit contamination. All . . . Ch. 20, Art. 1 PUBLIC HEALTH.-Milk and Dairy Products. 213 vehicles :used for t.he distribution of milk or .milk pl;'oducts shall have the name of the distributor pro- minently displayed therein. Grade "B" Raw Milk. Grade B raw milk is milk the averalre bacterial count of which at no time prior to delivery exceeds 200,000 per cubic centimeter, or the average reduction time of which is not less than six hours, and which is produced upon dairy farms, conforming with all the items of sanitation required for grade A raw milk, except as follows: Under Item 4R, tight wooden floors and gutters shall be permitted in place of concrete; under Item 5R, paint- ingand whitewashing shall not be required; under Item SR, the piping of water into the milk house, the partitioning of processes,. and the provisions of stationary and three compartment wash and rinse vats shan not be required; however, two compart- ment stationary wash and rinse vats will be re- quired; under Item 23R, the temperature require- ment of retail raw milk shan be 60 degrees F. and of milk for pasteurization and separation 70 degrees F.; provided that an items or parts of items relat- ing to cleanliness shan be required. Grade C Raw Milk. Grade C Raw Milk is milk the average bacterial plate count of which at no time prior to delivery exceeds 1,000,000 per cubic centimeter, or the average reduction time of which is not less than 3 % hours, as determined under Sec- tions 1 (r) and 6, and which is produced upon dairy farms conforming with all items of sanitation re- quired for Grade B Raw Milk. Grade D Raw Milk. Grade D Raw Milk is raw milk which does not meet the requirements of Grade C Raw Milk, and which shall be plainly labeled "cooking only". Ungraded Buttermilk. Ungraded Buttermilk is buttermilk produced at a dairy which complies with Items 1R, SR, 9R, lOR, llR, and l2R, which is pro- vided with means for boiling or steaming all uten- sils and bottles, and at which cleanly methods are practiced. Ungraded Buttermilk may be sold or dis- tributed only by the producer thereof. Grade A Pasteurized Milk. Grade A Pasteurized Milk is Grade A or Grade B Raw Milk which has been pasteurized, cooled, and bottled in a milk plant conforming with all of the following items of sani- tation and the average bacterial plate count of which at no time after pasteurization and until delivery exceed 30,000 per cubic centimeter, as determined under Sections 1 (r) and 6. Item IP. Floors. The floors of all rooms in which milk or milk products is handled or stored shall be constructed of concrete or other equally impervious and easily cleaned. mate.rial.. and shall be smooth, properly drained, provided with trapped drains, and kept clean. Item 2P. Walls and Ceiling. The walls and ceil- ings of rooms in which milk or milk products are handled or stored shall have a smooth, washable, light-colored surface and be kept clean. Item 3P. Doors and Windows. All openings into the outer air shall be effectively screened to prevent the access of flies. Doors shall be self-closing. Item 4P. Lighting and Ventilation. All rooms shan be well lighted and ventilated. Item 5P. Protection from Contamination. The various milk-plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equipment. All means neces- sary for the elimination of flies shan be used. This requirement shan be interpreted to include separate rooms for (a) the pasteurizing, cooling and bottling operations; (b) the washing and bactericidal treat- ment of containers and equipment. Cans of raw milk shall not be unloaded directly into the pas- teurizing room. Pasteurized milk or milk products shall not be permitted to come in contact with equip- ment with which unpasteurized milk or milk prod- ucts have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bac- tericidal treatment. Rooms in which milk, milk prod- ucts, cleaned utensils, or containers are handled or stored shall not open directly into any stable or liv- ing quarters. Item 6P. Toilet Facilities. Every milk plant shall be provided with sanitary toilet facilities which shall be approved by the health officer, and conforming with the ordinances of the City of Salina. There shall be at least one room or vestibule not used for milk purposes between the toilet room and any room in which milk or milk products 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 ventilated. In case privies or earth closets are permitted and used, they shall be separate from the building and shall be of a sani- tary type constructed and operated in conformity with the requirements of Items lOR, Grade A Raw Milk. Item 7P. Water Supply. The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Item 8P. Hand-washing Facilities. Convenient hand-washing facilities shall be provided, including Ch. 20, Art. I 214 PUBLIC HEALTH.-LV1ilk and Dairy Products. hot running water, soap, .and sanital'Y' towels of -.a type approved by the health officer. The use of a common towel is prohibited. Item 9P. Milk Piping. .Only "sanitary milk pip- ing" of a type which can be easily. cleaned with a brush shall be used. Item lOP. Construction and Repair of Equipment. All equipment with which milk or milk products come in contact shall be constructed in such man- ner as to be easily cleaned, and shall be kept in good repair. Item llP. Disposal of Wastes. All wastes shall be disposed of in conformity with the requirements of the health officer. Item 12P. Cleaning and Bactericidal Treatment of Containers and Apparatus. All milk and milk products containers and apparatus shall be thor- oughly cleaned after each usage and subjected im- mediately before each usage to a bactericidal treat- ment approved by the health officer. Item 13P. Storage of Containers. After bacteri- cidal treatment all bottles, cans, and other milk or milk products containers shall be stored in such man- ner as to be protected from contamination. Item 14P. Handling of Containers and Apparatus. Between bactericidal treatment and usage, contain- ers and apparatus shall not be handled in such man- ner as to permit any part of the person or clothing to come in contact with any surface with which milk or milk products come in contact. Item 15P. Storage of Caps and Parchment Paper. Milk bottle caps and parchment paper for milk cans shall be purchased and stored in sanitary tubes and cartons, respectively, and shall be kept therein until used. Item 16P. Pasteurization. Pasteurization shall be performed as described in Section I (k) of this ordi- nance. The time and temperature record charts shall be dated and preserved for a period of three months for the information of the health officer. Item 17P. Cooling. All milk received for pasteur- ization but not pasteurized within two hours after it is received at the plant shall then be immediately cooled in equipment approved by the health officer, to a temperature of 50 degrees F. or less and main- tained thereat until pasteurized, and all pasteurized milk and milk products shall be immediately cooled to an average temperature of 50 degrees F. or less, as defined in Section I (1'), and maintained thereat until delivery. Item 18P . Bottling. Bottling Qf. milk - and milk products ,shall be done at the' plaee of pasteurization in automatic machinery approved by the health of- ficer in such .manner as to prevent any part of any person or his clothing from coming in contact with any surface with which milk or milk products .come in contact. Item 19P. Overflow Milk. Overflow milk prod- ucts shall not be sold for human consumption. Item 20P. Capping. Capping of milk and milk products shall be done by auto~atic machinery ap- proved by the health officer. Hand capping is pro- hibited. Item' 21P. Personnel, Health. Every person con- nected with a pasteurization plant whose work brings him in contact with the production, transportation, handling or storage of milk, milk products, con- tainers or equipment shall furnish such information, permit such physical examinations, and submit such laboratory specimens as the health officer may re- quire, for the purpose of determining the freedom of such person from infection, and it shall be the duty of the' health officer to secure such informa- tion from such persons and to require such physical examinations of such .persons immediately after the issuance of a permit to any person owning or con- trolling any such plant. The health officer or a. physician authorized by him shall in each such case take a careful history of such person and make such examination as he or such physician may deem necessary, and if such history or examination suggests that such person may be a carrier of or infected with the organism of typhoid fever, paratyphoid fever or any other communicable, infectious or contagious disease, he shall secure ap;propriate specimens of bodily dis- charges and cause them to be examined in a labora- tory approved by him or by the State Health author- ities for such examination, and if any such examina- tion discloses that any such person is a carrier of any such disease or is afflicted with or suffering from any such disease, it shall be unlawful for any such person to continue to work or remain in or about such plant, and it shall be unlawful for the person owning or controlling any such plant to permit any such person to work or remain in or about any such plant. Item 22P. Personnel, Cleanliness. All persons coming in contact with milk, milk products, con- tainers or equipment shall wear clean outer gar- ments and shall keep their hands clean at all times while' thus engaged. . eh. 20, Art. 1 PUBLIC HEALl'H.-Milk and Dairy Products. . Item 23P. Veroc1es. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect the milk or milk products from the sun and from contamina- tion. Such vehicles shall be kept clean, and no sub- stance capable of contaminating milk or milk prod- ucts shall be transported with milk or milk prod- ucts in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed. Grade B Pasteurized Milk. Grade B Pasteurized Milk is Grade C Raw Milk which has been pasteur- ized, cooled, and bottled in a milk plant conforming with all of the requirements for Grade A Pasteur- ized Milk, and the average bacterial plate count of which at no time after pasteurization and before delivery exceeds 50,000 per cubic centimeter, as de- termined under Sections 1 (r) and 6. Grade C Pasteurized Milk. Grade C Pasteurized Milk is pasteurized milk which does not meet the requirements of Grade B Pasteurized Milk, and which shall be plainly labeled "cooking only". (~7, Ord. 4709, 12-21-36). 20-108. Standards and Specifications Kept on File. The health officer shall keep on file at all times for reference and public inspection, a copy of the current edition of The Standard Methods of Milk Analysis of the American Public Health Associa- tion and the Association of Official Agricultural Chemists; and the Milk Control Code of the United States Public Health Service. (~8, Ord. 4709, 12- 21-36). . 20-109. Supplementary Grading Prescribed and Regrading Authorized. If, at any time between the regular announcements of the grades of milk or milk products, as the result of the findings of two con- secutive inspections of any dairy or milk plant, or because the average bacterial plate count, the aver- age reduction time, or the average cooling tempera- ture exceeds the limit fixed for the grade currently held by the milk supply in question, a lower grade shall become justified in accordance with Section 7 of this ordinance, the health officer shall imme- diately lower the grade of such milk or milk prod- uct, and shall enforce proper labeling and placard- ing thereof. Any producer or distributor of milk or milk prod- ucts the grade of which has been lowered by the health officer, and who is properly labeling his milk and/or milk products, may at any time make ap- plication for the regrading of his product. Upon receipt of a satisfactory application, in case the lowered grade is the result of an excessive aver- age bacterial plate count, reduction time, or cooling temperature, the health officer shall take further samples of the applicant's output, at a rate of not more than two samples per week. The health of- ficer shall immediately regrade the milk or milk products upward whenever the average of the last four sample results indicate the necessary quality. In case the lowered grade of the applicant's prod- uct is due to a violation of an item of the specifica- tions prescribed in Section 7, other than average bacterial plate count, reduction time, or cooling tem- perature, the said application must be accompanied by a statement sig-ned by the applicant to the effect that the violated item of the specifications has been conformed with. Within one week of the receipt of such an application and statement the health of- ficer shall make a reinspection of the applicant's establishment, and, in case the findings justify, shall regrade the milk or milk products upward. In no case shall any degraded supply of milk or milk products be regraded upward until it shall have been labeled and placarded in accordance with the lowered grade of period of at least five days. (~9, Ord. 4709, 12-21-36). 20-110. Dipping Milk; Delivery Containers; Han- dling of More Than One Grade; Delivery of Milk at Quarantined Residences. The sale of dip milk is hereby expressly prohibited. All pasteurized milk and milk products shall be placed in their final de- livery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumption in the raw state shall be placed in their final delivery containers at the farm at which they are produced. Milk and milk products sold in quantities less than one gallon shall be delivered in standard milk bottles. It shall be unlawful for hotels, soda fountains, restaurants, and similar establishments to sell or serve any milk except in the original container in which it was received from the producer or distribu- tor, which shall be opened by or in the presence of the customer, provided that this requirement shall not apply to mixed milk drinks. If more than one grade of milk or milk products is sold by any distributor separate receiving, pas- teurizing, cooling, and bottling equipment shall be provided for each grade and the equipment for each grade shall be located in separate buildings or in separate rooms of the same building. The delivery of milk or milk products to and the collection of milk or milk products containers from 215 216 PUBLIC HEALTH.-Miik and Dairy Products; Ordinance. Ch; . 20, Art. 1 quarantined residences shall be subject to the spe- cial requirements of the health officer. (~10, Ord. 4709, 12-21-36). 20-111. Milk and Milk Produets from. Points Be- yond the Limits of Inspection of the City of Salina, Kansas. Milk and milk products from points beyond the limits of inspection of the City of Salina may not be sold in the City of Salina or its police juris- diction, unless produced and pasteurized under grad- ing provisions identical with those of this ordinance and approved by the health officer. Proof satis- factory to and approved by the health officer that such conditions have been complied with shall be furnished by the person receiving any such milk or milk products before the same shall be sold or dis- tributed in the City of Salina. The limits of in- spection shall not exceed 25 miles from the city lim- its of the City of Salina. (~11, Ord. 4709, 12-21-36). 20-112. Spitting. No person shall spit in any part of any room, vehicle,. or other place used for the sale, storage, handling, or transportation of milk or milk products. (~12, Ord. 4709, 12-21-36). 20-113. Notifieation of Disease. Notice shall be sent to the health officer immediately by any pro- ducer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any case of sickness or any infectious, contagious or com- municable disease occurs. (~13, Ord. 4709, 12-21- 36). 20-114. Repasteurization Prohibited. No milk or milk products shall be pasteurized more than once, except as may be specially permitted by the health officer. (~14, Ord. 4709, 12-21-36). 20-115. Future Dairies and Milk Plants. All dair- ies and milk plants from which milk or milk prod- ucts are supplied to the City of Salina which are hereafter constructed shall conform in their con- struction to the requirements of the health officer, which shall not be less than the Grade A require- ments of this ordinance. (~15, Ord. 4709, 12-21-36). 20-116. Procedure When Infection Suspected. When suspicion arises as to the possibility of trans- mission of infection from any person concerned with the handling of milk or milk products the health officer is authorized to require any or all of the fol- lowing measures: (1) the immediate exclusion of that person from milk handling, (2) the immediate exclusion of the milk supply concerned from dis- tribution and use, ((3) adequate medical and bac- teriological examination of the person, of his asso- ciates, and of his and their bodily discharges. (~16, Ord. 4709, 12-21-36). .20-117. .Enforeement Interpretation. (See 20-122). 20~118. Penalty. Any person who shall violate any of the provisions of this ordinimce or who shaiI fail, refuse or neglect to comply with any of such provisions or with any of the lawful orders or regu- lations made hy the health officer of said city pur- suant to this ordinance shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00, or be imprisoned for not more than. thirty days or shall be punished by both such fine and imprisonment, for each offense, provided that each and every violation of any provision of this ordi- nance and each day upon which any such violation shall occur or continue shall be deemed a separate offense. (~18, Ord. 4709, 12-21-36). 20-119. Milk Inspection Department; Milk Inspec- tor. That there shall be and there is hereby created a department of the City Government of the City of Salina, which shall be known as the Milk In- spection Department. That there shall be and there is hereby created the office of milk inspector of the City of Salina, who shall be the head of such department, who shall be charged with the enforce- ment of this ordinance, together with such assistants and deputies of said milk inspector, as the City Man- ager of the City of Salina shall hereafter deem necessary for the proper enforcement of this ordi- nance. The salary of the milk inspector and such assistants or deputies of said milk inspector as may be hereafter appointed shall be such as may be fixed from time to time by ordinance. The milk inspector and his assistants or deputies shall perform the du- ties of the health officer as provided for in this ordinance and such other duties as may be fixed by ordinance or as may be directed by the City Man- ager. (~19, Ord. 4709, 12-21-36). (Published in the Book of Revised Ordinances of the City of Salina, 1939) ORDINANCE NO. 4956 An Ordinance amending Section 4, Section 5 and Section 17 of Ordinance No. 4709 being an ordinance defining and relating to production, gr~ding 8;nd s~le of milk and milk products, and repealmg saId orIg- inal sections. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. That Section 4 of Ordinance No. 4709 be and the same is hereby amended to read, as follows: 20-120. Section 4. Labeling and Placarding. All bottles, cans, packages, and other containers en- closing milk or any milk product defined in this . Ch. 20, Art. 1 PUBLIC HEALTH.-Milk and Dairy Products; Ordinance. 217 . ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the defini- tions in this. ordinance; (2) the grade of the con- tents if said contents are graded under the pro- visions of the ordinance; (3) the word "pasteur- ized" only if the contents have been pasteurized; (4) the word "raw" only if the contents are raw; (5) the name of the producer if the contents are raw, and the name of the plant at which the con- tents were pasteurized, if the contents are pasteur- ized; and (6) in the case of vitamin D milk, the designation "Vitamin D Milk" and the source of the vitamin D. The label or mark shall be in letters of a size, kind, and color approved by the health officer and shall contain no marks or words not approved by the health officer. Every restaurant, cafe, soda fountain, or other establishment serving or selling milk or milk prod- ucts shall display at all times, in a place designated by the health officer, a notice approved by the health officer, stating the lowest grade of milk and/or milk products served, and no establishment or other place where milk or milk products are sold or served for consumption on the premises shall serve or deliver to any person, for consumption as a beverage, any milk or milk products except in the original bottle or container, and with the orig- inal cap or label thereon, showing the grade of such milk or milk products and by whom bottled or pro- duced, which cap or label shall be removed only in the presence of the person to whom such milk or milk products are served or delivered. . 20-121. Section 2. That Section 5 of Ordinance No. 4709 be and the same is hereby amended to read as follows: Section 5. Inspection of Dairy Farms and Milk Plants for the purpose of grading and regrading. As often as the health officer may deem necessary prior to the establishment and certification of any grade, and at least once thereafter during each grad- ing period the health officer shall inspect all dairy farms and all milk plants whose milk or milk prod- ucts are intended for consumption within the City of Salina, or its police jurisdiction, and as a result of such inspection or any subsequent inspection as herein provided for, shall determine and establish the grade of the milk or milk products produced or processed on or in any such dairy farm or milk plant and intended for consumption as a product of such dairy farm or milk plant, and shall fur- nish to the producer or distributor of such milk or milk products a certificate of such grade, and shall announce such grade, or any change thereof, at the times and in the manner hereinafter pro- vided for. In case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect. to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining the grade of milk and! or milk products. Any violation of any item of this ordinance on two consecutive inspections within one grading period shall call for immediate degrading, and in such event the health officer shall establish and determine the grade to which such milk or milk product is entitled, and shall certify the same to the producer or distributor of such milk or milk product as provided for in the case of the establishment and determination of an original grade. Any grade established and deter- mined by the health officer for the milk or milk product of any dairy farm or milk plant, and cer- tified as herein provided for, shall remain as the established grade of such milk or milk product until the same is changed, and such milk or milk product is regraded by the health officer, as in this ordi- nance provided for, and it shall be unlawful for any person to sell, offer or expose for sale, or have in his possession with the intent to sell, or as avail- able for sale, in the City of Salina, Kansas, any milk or milk product which is labeled or branded, or placarded, as being of any grade other than the grade last duly detemined, established and certified by the health officer as in this ordinance provided for. One copy of the inspection report and certificate of grade, shall be posted by the health officer in a conspicuous place upon an inside wall of one of the dairy farm or milk plant buildings, and said inspec- tion report and certificate shall not be removed by any person except the health officer. Another copy of the inspection report and certificate shall be filed with the records of the health department. The announcements of grades, as hereinabove pro- vided for, and as mentioned in Section 7 of this ordi- nance, shall be made by the health officer at least once every six months, and whenever, after any regular announcement is made, the previously an- nounced grade of any producer or distributor has been changed or the milk or milk products of such producer or distributor has been regraded as pro- vided for in this odinance, and any such announce- ment shall be made by the health officer by public notice, which shall either be published one time in the official city paper, or posted in a conspicuous place at the entrance of the City Building in which the office of the health officer is maintained. 218 PUBLIC HEALTH.-Milk and Dairy Products; Ordinance. Ch. 20, _~rt~ 1 20-122. Section 3. That Section 17 of Ordinance tions 4, 5 and 17 of Ordinance No. 4709-be.and the No. 4709 be and the same is hereby amended to same are hereby repealed. read as follows: Section 17. Enforcement; Interpretation. This ordinance and the various terms used herein shall be enforced and interpreted in accordance with the interpretations thereof contained in the latest cur- rent edition of the U. S. Public Health Service Milk Code as published from time to time and any amend- ments, revisions, or editions thereof. 20-123. Section 4. Repeal. That original Sec- 20-124. Section 5. Take Effect. This ordinance shall take eff~ct and be in force after its publica- tion in the Book of Revised Ordinance of the City of Salina. Introduced, October 2, 1939 Passed, October 9, 19'39 Ed Morgenstern. Mayor (SEAL) Attest: Chas. E. Banker City Clerk " (6 i- I e (Published in the Salina Journal January 18, 1941) ORDII~~CE NO. 4987 AN ORDI~ANCE providing for the licensi~g and regulation of the slaughtering of anirnals in the City of Sali:la and for the appoint:i!lent of a Meat Inspector and providing penalties for the violation of this ordinance. BE IT ORDAINED by the Board of Com':llissioners of the City of salina, Kansas: . Section 1. For the purpose of this ordinance the following words, phrases, names and terms sha.ll be construed respectively to mean: - (a) PERSON. Any person, firm or corporation. (b) IilSPECTOR. Either the chief meat inspector or a deputy inspector. (c) ESTABLISBMENT. An;\r place in the City of Salina where animals are slaughtered for market together with such kindred lines of business carried on in connection therewith, such as meat canning, curing, smoking, salting, packing, rendering and other sllnilar processes wherein meat, meat foods and meat food products are prepared for resale. (d) H:SPECTED AND PASSED. That the carcasses, parts of carcasses, meat products or meat food products so marked have been inspected and passed under this ordinance. (e) PASSED FOR STERILIZATIUN. That the carcasses, parts of carcasses, meat or meat pro-ducts'solnarked have been inspected and passed on condition that they be rendered into lard or tallow, or otherwise sterilised by methods approved by the City Health Officer. (f) CiJIIDElENED. That the carcasses, parts of carcasses, meat, meat products or lneat foodl products so designated are unsound, unhealthful, un- wholesome or otheM\~se unfit for hUlfian food. (g) CARCASS. All parts including the viscera of a slaughtered animal that are capable of being used for hUJnall food. (h) l.iEAT PH.ODUCTS. Any edible part of a carcass of any cattle, sheep, swine, goats, horses or mules, which is not manufa.ctured, cured, smoked, processed or otherwise treated. (i) lUEAT FOOD Pl1.0DiJCTS. Any article of food, or an:l article which may enter into the composition of food for htunan cons'U.Dption, which is derived or prepared in whole or in part from any portion of a carcass, if such portion is all or a considerable and definite portion of the article. (j) PRODUCT. Shall be construed to mean either meat products or meat food Droducts or both of them. (k) AIUhALS. Cattle, sheep, swine, goats, horses or mules. Section 2. Establislli~ents. within the meaning of this ordinance, shall conform to the following requirements: (a) The establish::lent shall be maintained in a sanitary condition. (b) There shall be abundant light and sufficient ventilation for all rooms and compartments to insure sanitary conditions. (c) There shall be an efficient drainage and plUlfibing system for the establishment and premises, and all drains and gutters shall be properly installed, with approved traps and vents. (d) The ~~ter supply shall be ample, clean and potable, with adequate facilites for its distribution in the plant. - e . - ._I~~l- (e) The floors, vmlls, ceiling, partitions, posts, doors, and other parts of all structures shall be of such materials, construction and finish as will make them susceptible of being readily and thoroughly cleansed. The floors shall be kept water tight. The rooms and compart- ments used for edible products shall be separate and distinct from those used for inedible products. (f) The room; and compartments in which any meat or meat product is prepared or handled, shall be free from odors from dressing and toilet rooms, catch basins, hide cellars, casing rooms, inedible tame and ferti- lizer rooms and stables. (6) Adequate sanitary facilities and acconilllodations for ffiuployees shall be furnished by every establisrurrent. (h) In all other cases not covered by these requir~nents, the pre- paration or handling of meat, meat products or meat food products shall conform to regulations prescribed by the City Health Officer, which regu- lations shall conform as far as practicable to the regulations governing meat inspections of the United States Deparbnent of Agriculture. Such reg lations prornulgated by the City Health Officer shall be approved by the Board of Commissioners. Section 3. It shall be the duty of the City Manager to appoi.nt a duly qualified person as a meat inspector and in addition thereto to appoint such deputy inspectors as may be necessary to effectively carry out the provisions of this ordinance. No person shall be appointed to any such office who has not had at least one years actual experience as a meat inspector under the United States Department of Agriculture or under some municipality having regulations substantially similar to those provided for in this ordinance. It shall be the duty of such inspectors to: (a) At all establisrunents make an ante mortem inspection of all anLmals to be slaughtered for food and a post mortem inspection of all carcasses or parts of carcasses to be sold or offered for sale within the corporate limits of the City of Salina, and to make such other inspections of such establishments as may be necessary to effectively carry out the provisions of this ordinance. All such carcasses and meat products so inspected which are fit for human food shall be plainly marked or tagged either under the supervlslon of such inspe ctor or by other approved inspection authorities to show that they have been inspected and passed. All such carcasses and meat products as are unfit for human food shall be plainly marked or tagged by such inspector to show that they have been condemned; provided that if any carcass or part thereof shall have been found to be fit for human food only after being sterilized, such part shall be plainly marked or tagsed to indicate it has been passed for sterilization and provided further that where a carcass or part thereof is fit for h~~an food, with the exception of a small and inconsiderable portion thereof, which is unfit for human food, such portion shall be plainly marked or tagged tm indicate it is unfit for hwnan food and the last mentioned mark or tag shall not be removed therefrom until such portion so indicated is separated from the balance of the carcass or part thereof. Carcasses, meat, meat products and meat food products which have been inspected and passed and plainly marked or tagged by the Inspector of the - . . Bureau of Animal Industry of the United States Department of Agriculture or have been inspected and passed by inspectors of other municipalities, as is provided for in this ordinance, shall except as othervdse provided for in this ordinance, be exempt fronl inspection by the inspectors of the City of Salina. Section 4. An ante mortem examination shall be made of all cattle, sheep, swine, goats, horses or mules about to be slaughtered in an establish- ment before their slaughter shall be allowed, and when it is apparent, upon such inspection, that for any sufficient reason the meat of such anulal is unfit for human food, such animal shall be plainly tagged "condemned", and when it is killed its carcass shall at once be marked or ta.gged "condemned"; and when, on ante mortem inspection of an anirnal the inspector has good reason to believe, but is not entirely satisfied, that the meat of such animal is unfit for hWuan food, it shall be tagged as a suspect and if such animal shall be slaughtered at the establishment where the ante mortem inspection was made, the whole of the carcass shall be finally inspected before the tag indicating the animal is suspected, is removed. Provided expressly, that all "condemned" animals shall be immediately disposed of at the 91ace of condemnation in a manner approved by the City Health ufficer of the City of Salina. Section 5. It shall be unlawful to slaughter horses or rauIes or handle the meat or meat products thereof in establishments engaged in the slaughter of cattle, sheep, s~~ne or goats or in the nlanufacture of meat food products therefrom. Section 6. All carcasses, or parts thereof, meat, meat products and meat food products condenmed by the inspector as tL'Y1fi t for hu.rn.an food shall be destroyed for good purposes by tanking or other adequate Dieans approved by the City Health Officer. Section 7. The carcasses or parts thereof, passed for sterilization, which are not rendered into lard or tallow may be utililed for food purposes, provided they are first sterilized by methods and marked and tagged by a method llBll -maFMQ..~-1z:gg'ed~iT?'''lt~1tfe:'tl:Md approved by the City Health Officer. Section 8. Each establishment shall inform the inspector in charge, when work in each department has been concluded for the day, and of the day and hour when work will be resumed therein. vvnenever any meat or TIleat pro- duct requires inspection in any establishment during unusual hours, the es- tablishment shall, a reasonable time irl advance, notify the inspector in charge of the day and hour vrhen such work will be commenced. Section 9. All slaughtering in establishments shall be done between the hours of six o'clock A. M. and six o'clock P. M. and at such other hours as may be approved and agreed upon by the inspector. Section 10. Facilities and conditions essential to the efficient conduct of inspection shall be provided and maintained by each establishrnent. Section 11. Every handler of meat in any such estab~ishraent and every person whose work brings him in contact with the slaughter~ marketing, storage, transportation or sale of meat, TIleat products or meat food products, in bulk or in unvrrapped packages~ in any such establishment, shall have, within twelve months, passed ~ medical exro1ination made by the City Health Officer, or by a licensed physician approved by the City Health Officer and to submit for examination such specimens of bodily discharge as the City Health Officer may require. It " e J 1[,1 3 Section 12. No establishment, or any part thereof, shall be used or occupied as a residence or lodging place for any person and no slaughter or processing of livestock shall be permitted in a house~ building or place used as a residence or lodging place for human beings. Section 13. Equipment and utensils used for preparing~ processing, or othervlise handling any meat, meat product or meat food product in any such establisrunent shall be of such rnaterials and construction as will make them susceptible of being readily and thoroughly cleaned. Trucks and receptacles used for inedible products shall bear some conspicuous and distinctive mark, and shall not be used for handling the edible products. Edible products shall be transported only in closed vehicles or otherwise be protected from dust, dirt, or contamination, and in such menneI' as shall be prescribed and approved by the City Health Officer. Section 14. All processes used in curing, pickling, rendering, canning, or otherwise preparing any meat or product thereof in an establishment shall be subject to inspection. Section 15. 1fu meat or meat product shall contain any substance which llQpairs its wholesomeness, or contains any dye, presel~ation or any chemical injurious to health. Only harmless coloring matters n~y be used and these only with the approval of and in the manner approved by the Ci ty ~Ieal th Officer. Section 16. The use of sulphide, any preparation containing sulphur dioxide~ or any secret preparation, the ingredients of which, in the manu- facture or preparation of any meat products and the manufacture, selling or offering for sale of any meat products containing sulphide, sulphur dioxide, or any secret preparation is hereby prohibited. Secti~n 17. Any meat products to which there have been added cereals or any other meat substitutes, shall be plainly so labeled in all establish- ments where meat products are prepared or processed for sale. Section 18. Inasmuch as it cannot certainly be detenained by any pre- sent knovm method of inspection whether the muscle tissue of pork contains trichinae~ and inasmuch as live trichinae are danGerous to health, no article of a kind prepared customarily to be eaten without cooking shall contain any rnuscle tis sue of pork, unless the pork has been subjected to a tempera- ture sufficient to destroy all live trichinae, or other treatnlent approved by the City Health Officer. ~ction 19. Samples of meat products, water, dyes, chemicals, preserva- tives, spices, or other articles in any establishment shall be taken without cost to the City Health Department for exanination as often as may be deemed necessary by the Chief Inspector. Section 20. lio person shall in any such establishment wi thin the City of Salina, manufacture, purchase, sell, expose for sale~ for hlliuan consupp- tion or have in his possession vnth an intent to sell for human consumption, any meat~ nleat products or meat food products which is misbranded within the meaning of this ordi:~ance. Section 21. The term "misbrandedll as used in this ordinance shall apply to all meat, meat products, or meat food products, the label of which shall bear any statements, design or device regarding such article or the ingredients or substitutes contained therein which shall be false or mis- leading in any particular, or which is falsely branded as to the state, territory or country in which it was manufactured or produced. Section 22. Before any person shall operate an establishment in the City of 6a11na from vniich TIleat, meat products, or meat food or meat food . , - )'1~. y products are to be sold or offered for sale in the City of Salina, he shall first apply for and obtain from the Ci tJ' Health Officer a permit to engage in suah business. All such permits shall expire on the 31st day of December of each year~ unless sooner revoked. Provided~ however~ that no such permit nor any inspections herein called for pursuant to such permit, shall be re- quired of establishments that are regularly inspected by the Bureau of Animal Industry of the Department of Agriculture. Section 23. Every application for a permit provided for by this ordin- ance shall be in form approved by the City Health Officer and shall state the na.rne and address of the a~)plicant; the precise nature of the business to be carried on~ the extent of his interest in the business for which the permit is desired, and, if the applicant is not the o~ner of such business~ then the application shall state the name and address of the O~TIer. Said application shall state the address of the business for which the permit is desired together vd th such other information as shall be required ,JY the City Health Officer. Section 24. The City Health Officer shall issue to the applicant a permit to engage in the business of operating an establisrunent for preparing meat products, when, upon inspection of the premises where it is proposed to conduct the business~ the inspector has found the applicant has complj.ed with the provisions of the ordinance and all laws, ordinances and regulations of the City Health Officer, applicable to such business. TheCity of Salina shall furnish such inspection as the City Health Officer shall deem adequate and sufficient to such establisrunents. For the issuance of such permit the applicant shall pay a fee of Ten Dollars ($10.00) for an establisrunent. Section 25. The Board of COITilllissioners, upon recollU:lendation of the City Health Officer, shall have power, upon reasonable notice and a hearing thereon, to suspend any pel~it issued pursuant to this ordinance. If the establishment operating under such permit, does not comply with its provisions and with all ordinances and all lawful regulations of the City Health Officer applicable to such establishments, or if the holder of the pernlit shall have been repeated- ly convicted of violating the ordinance of the City of Salina, relating to the business in which he is engaged, or if any false or misleading statements upon a material rnatter shall be made by the applicant ill connection with the issuance of such permit. Section 26. No such establishment in the City of Salina shall sell, offer for sale, or keep for sale, or have on hand for human consw!~tion, the meat or other product of any cattle, sheep, swine, goats, horses or mules other than that bearing the official inspection mark of the Inspector of the Ci t~,r of Salina, or the Inspector of' the Bureau of Animal Industry of the United states Department of Agr~ulture, or the inspector of such other cities inspecting !neat and approved substantially similar.to those ]rovided for in this ordinance. Section 27. Establishments now in operation sDall be subject to the provisions of this ordinance. Section 28. The City Health Officer is hereby autIlOrized and empowered, 1lri th the approval of the Board of COITUnissioners of the City of Salina to make such regulations as may be reasonably necess&ry to carry into effect the pro- visions of this ordinance. Section 29. That for the :;:mrpose of tnis ordinance l,yherever the term City Health Officer is used, the same shall be deemed to refer to the City l..ilk Inspector and the reGularly appointed and a.ctin€; ILilk Inspector of the City of Salina shall be deemed to be the City Health Officer for the purposes of this ordinance. ~ ;7 I ~ .,. \ - " Section 30. The salary of the Meat Inspector provided for by this ordinance shall be $100.00 per nonth which sum shall be paid by the establish- ment or establishments requiring his services under the provisions of this ordinance and to which establishment or establishments permits under this ordinance have been issuedJl and shall be prdrated to such establishrnentsJl if there be more than one, as directed by the City Health Officer; and the establismnent or establishments paying such salary as so directed shall with- in five days after the last day of each F.ontll file with the City Clerk a receiptJl executed by such Meat Inspector, shovring the payment m him by such establismnent of the salary as paid by such establishment to the Meat In- spector of such proportionate amount thereof as it has been directed to pay by the City Health Officer, or the whole thereof if there be only one such establishment. Section 31. Any personJl firnl or corporation violating any of the pro- visio~or-this-ordinance shall be deemed guilty of a misdemeanor, and, u?on conviction thereof, shall be fi:2ed not less than Five Dollars (~5.00) nor 1110re than Two Hundred Dollars (~200.00) and each day's violation shall constitute a separate offense. Section 32. If any sectionJl subsectionJl sentenceJl clause or phrase of this ordinanceis held to be lmreasonable or unconstitutional, the validity of the remaining portion thereof shall not be affected. Section 33. This ordinance shall take effect and be in force from and afterten daysafter its passage, approval and publication iYl the official city paper. Introduced, December 30, 1940 Passed, January 6J1 1941 Attest =- Chas. E. Banker -City C'lerk Ed lilorJ:;.e..nstern -- Mayor--'--- - . ;,.,- . ORDINANCE NO. 5021 (~blished in the Salina JOurDal October 14. 1942) AN ORDINANCE amendiDg Ordinance No. 4709 relating to milk and milk products. BE IT ORDAINED by the Board of Commissioners of the City of Salina. Kansas I- Section 1. That the words .and which shall be plainly labeled 'cooking only' It be and the same are hereby elinL~.nated and deleted fram. the last paragraph of Item 23P of Section 7 of Ordinance No. 4709. - Section 2. That the third paragraph of Section 10 of Ordinance No. 4709 be and the same is hereby repealed and that the following paragraph being the same as the fourth paragraph of Section 10 of the U. S. Public Health Service Standard l4ilk Ordinance be substituted in lieu thereof to- wit: "No milk or milk products shall be permitted to come in contaot with equipment with which a lower grade ot milk products has been in oontact unless such equipment has first been thoroughly cleaned and subjeoted to bactericidal treat- ment." Seotion 3. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduoed. Ootober 5, 1942 Passed. October 12. 1942 Ed Morgenstern Mayor .A.t'testl Chas. B. Banker Ci'ty Clerk . I~; ~ . . (Published in the Salina Journal Deoember 14, 1942) ORDINANCE NO. 5024 Al~ ORDINANCE requiring permits for the operation of restaurants, grocery storesr meat markets, bakeries, bottling works, and other establishments which serve, produce, sell or dispense food or drink, prohibiting the sale of adulterated. unwholesome or misbranded food or drink, regulating and providing for the in- spection of such est~blismlents, defining certain terms used in this ordinance and providing for the enforcement thereof, and for penalties for its violation. BE IT ORDAINED by the Board of Conunissioners of the City of Salina, Kansas: Section 1. Definitions: The following definitions shall apply in the inter- pretation and the enforcement of this ordinance; A. Restaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order oafe, luncheonette, tavern, sandwich stand, soda. fountuin, and a.ll other public eating and drinking establis~nents, as well as kitchens in which food and drink are prepared for sale elsewhere to the public. B. Itinerant Resta.urant. The tenIl "Itinerant Restauro.nt" shdl mean any resto.uro.nt operating for ~ temporary period in connection with a. fair, carnival, Circus, publio exhibition, or other similo.r gatherings. C. Grooery stores and Mco.t Mo.rkets. The terms "Grocery Storels" o.l1d "Meo.t Markets" mean ostablishments which sell, handle and deal in bulk or package food, moats o.nd provisions for human consumption. D. Bakery. The term "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. E. Bottling Works. The tenn "Bottling Works" means any establishment where beverages of any kind, except milk or milk products, are produced, prepared, manu- factured and bottled or prepared for bottling. F. Other Establishments. The term "Other Establishments" means any esto.blish- ment, in addition to those specifically mentioned herein, and except esta.blisrunonts otherwise regulated by ordinance, where food or drink for hwnan consumption is pro- pared, produced, hundled, served or sold. G. Employee. The term "Employee" shall mean any person who handles food or drink during storage, sale, preparation or serving, or w"ho comes in contaot with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served. H. Utensils. "Utensils" shall include any kitchenware, tableware, glassvmre, cutlery, utensils, containers, or other equipment with which food or drink c~nes in contact during storage, preparation, or serving. I. Health Officer. The term "health officer" used in this ordinance shall mean the officer of the City of Salina who shall be appointed and designated as such, or his authorized representative or assistant. J. Person. The word "Person" shull meo.n person, firm, oorpOro.tioll, or associC\.- tion. Section 2. Permits Required: It shall be unlawful for a.ny person who does not possess an unrevoked and unsuspended permit from the health officer o.nd in whoso plo.ce of business such permit is not posted in a. conspicuous plc..ce, to opernte in the City of S~lina. any restaura.nt, grocery store, meat m~rket, ba.kory, bottling works, or other est~blishment whore food or drink is producod, sold, prepa.red or served. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant may, in the discretion of the health officer, be exempted from the 1'e- quiremeJ.1ts for the securing of a permit to such extent as may be authorized by the health officer. Section 3. Permits Issued. No pennit 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 paYIllent by the applicant of a pennit fee of $1.00 and until the establishment for which such permit is desired sha.ll be inspected by - e e the health officer and found by him to comply in all respects with the require- ments of this ordinance. Every pernlit shull expire on December 31 after date of issue and must be ren~ed on January 1st of each year. All permit fees shall be paid into the City Treasury. Such a per.mit may be suspended by the health officer for such length of time and under such conditions as the health officer may prQ- scribe. or may be revoked after an opport\mity for a hearing by the health officer, upon the violation by the holder of any of the terms of this ordinance. Any pe~nit issued in mecambor 1942 shall not expire until Deoember 31, 1943. Section 4. Examination and condemnation of unwholesome or adulterated food or drink. Samples of food a.nd drink ma.y be taken o.nd oxomined by the heul th oi'fL;nr iiS often a.s he deems necessary for the deteotion of unwholesomenoss or a.dul t0r("l~, tion. The health officer ma.y condenm and forbid tho sa.le of, or onuso to be re- moved or destroyed, any food or dtink which he deems unwholesome or adulterutedo Section 5. Inspection. As often as the heo.l th officer ma.y deem necessa.ry :u1d a.t lea.st once every two months, he shall inspect every est~blishment covered by the terms of this ordina.nce, loca.ted within the City of Sa.lina.. In ca.se the heCl.l th officer discovers the violation of a.ny !'tem of sa.nit~~tion required byfu:i.s ordina.nce, or othor violation of CillY of the provisions of this ordin~Ulce, he S11;:'~lJ. ma.ke e. second inspection :lftcr the lCl.pse of such time as he dooms llOCcsso.ry for the defect to be remedied, o.nd the socond inspection sh~ll bo used in determining compliance with the requirements of this ordinance, unless ill the opinion of the health officer the violation is flagrant and of such nature as to require Wmlediate suspension or revocation of the permit, and in such event the health officer shall have authority to suspend or revoke such permit immediately on such first inspec- tion. Any violation of the same item of this ordinance 011 two consecutive inspec- tions shall co.ll for inunediate suspension of permit, or heo.lth may, after henring as provided for in this ordinanoe, revoke such pennit if in his opinion the viola- tion of this ordinance is of such no.ture us to require such revocation of the Sfune. If a per.mit is revoked or suspended, the health officer shall remove the penait from the establishment to which it was issued and shall retain the same until such time as the same may be reinstated. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of the estQblishment and said inspection report shall not be defaoed or removed by any person except the health offioer, Another oopy of the inspection report shall be filed in the offico of the City Clerk. . Section 6.' Sanitation requirements. All establishments Covered by this ordin- anoo shall comply with all of the fOllowing items of sanitation. Item 1. Floors. The floors of 0.11 roams in which food or drink is stored, prepared, or served, or in which utensils a.ro washed, shull be of such construction o.s to be easily cleanod, shall be smooth, and shall be kept clean and in good repair. Item 2. Walls and cOilings. Walls a.nd ceilings of all rooms srmll be kept clean p.nd in good rcpnir. All walls and ceilings of rooms in whioh C:'od or drink is stored or prepa.red shall be finished in light color. The walls of 0.11 roams in vmich food or drink is prepared or utensils arc washed sh~ll ha.ve a. smooth, wash- able surface up to the level reaohed by splCl.sh or sprcy. Item 3. Doors and windows. When flies are prevalent, all openings into the outer air shri1l be effectively screened and doors shull be self-closiI~, unless other effective means are provided to prevent the entranoe of flies. Item 4. Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. Item 5. Ventilation. All rooms in which food or drink is stored, prepared or served, or in which utensils arewushed, shall be well ventilated. Item 6. Toilet facilities. Every esto.blishment covered by this ordina.nce sh~i.ll be provided with adequate and conveniently locCl.ted toilet facilities for its 001- ployees, conforming with the ordinances of the City of Salina. In estublishmellts hereafter constructed toilet roams shall not open directly into any room in which food, drink, or utensils are handled or stored. Tho doors of all toilet rooms 8h:"\11 be self-closing. Toilet rooms shnll be kept in n clenn condition, in good rep~ir, a.nd well lighted nnd ventila.tod. BUnd-washing signs shall be postod in oach toilet room used by employees. In CCl.SO privies or ec.rth closets Cl.rc por.mittcd 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 conformi.ty with the standards of the State Board of Health. e e - If toilet facilities are provided for patrons, they shall be separated from and in addition to those provided for employees, but shall comply wi th the same requirements. No patrons shall be pennitted to use any toilet facilities provided for employees. Item 7. Water Supply. The water supply 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. Item 8. Lavatory fa.cili ties. Adequate and convenient hand-washing fa.cilities for employees shQll be provided, including Warm water, soap, end approved sanit~ry towels. The use of a. oo~~on towel is prohibited. No employee sh~ll resume work ufter using the toilet room without first washing his hends. Item 9. Construotion of utensils Qlld equipment. All multi-use utensils and all show nnd display oa.ses or windows, counters, shelves, tables, refrigeruting, equipment, sinks and other equipment or utensils used in conneotion with the oporation of ~ restaurant or in the hundling or display of meats or bulk foods of any kind s~.ll be so constructed as to be easily clea.ned a.nd shell be kept cloan and in good repair, Item 10. Cleuning unQ bactorioidel troatment of utensils a.nd equipnlent, All equipment, inoluding display cases or windows, counters, shelves, tables, refrigera- tors, stoves, hoods, and sinks, shull bo kept clo~n and free from dust, dirt, in- sects, and other contwninuting mnterinl. All clothes used by waitors, chefs, and other employees sha.ll be cloQll, Single-servioe cont~iners s~~ll be used only once. All multi-use eating and drinking utensils shull be thoroughly cl €laned and effectively subjeoted to an approved baotericidal process after each usage. All multi-use utensils used in the preparution or serving of food and drink shall be thoroughly cleaned and effecti.vely subjected to an approved bactericidal process immediately following each day's operation, Drying cloths, if used, shall be clean.,nd shall be used for no other purpose. Item 11. Storage und handling of utensils and equipment. After b~otericidQl trea tmel1t no utens il sho.ll be stored except in n. c1 eo.n dry' place prot~cted from flies, dust, or other oont~ino.tion, c.nd no utensil shull be hundled except in such 0. munner us to prevent contruminntion us far us pro.ctico.ble. Single-service utensils sho.ll be purchased only in sc.nit::\ry contc.iners, shall be stored therein in 0. clec.Il dry place until used, o.nd sho.ll be hundled in 0. s80ni to.ry mnnner. Item 12. Disposa! of wastes, All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner us not to become a nuisance. Item 13, Refrigeration. All readily perishable food or drink shall be kept at or below 50bF. except when being prepared or served, Waste water frrnn refrigera- tion equipment shall be properly disposed of. Item 14, Wholesomeness of food and drink. All food and drink shall be whole- some and free from spoilage. 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 distributor or from a bulk container equipped with an o.pproved dispensing devioe~ Provided, that this requirement sho.ll not upply to cro8m, which may be served from the original bottle or from a dispenser approved for such service. All oysters, ol~s and mussels sho.1l be from approved sources. Item 15. Storn 0 and displo. All food and drink shull be so stored and dlsplaye as to e pro 00 ed rrnn dust, flies, vermin, unnecessc.ry hc.ndling, droplet infoction, overhend leakage, and other contMlinc.tion, No animuls or fowls shall be kOpt or allowed in c.ny room in which food or drink is propo.red or stored. All means necossc.ry for tho elimination of flies shnll be used. Item 16. Cleanliness of employees. All employees shall wear clean garments and shall keep clean at all times while engaged in handling food, drink, utensils, or equipment. Item 17. Misoellaneous, The premises of all establishments covered by this ordinance shall be kept clean and free of litter or rubbish. None of the opera- tions conneoted with any such establishment shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be pro- vided for employees' clothing and shall be kept clean, Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. Itinerant Restaurants, Itinerant restaurants shall be constructed and opernted in a manner approved by the health officer. - e tt Section 7. Establishments which rnay operate. From and after the date on which this ordinance takes effect no establishment covered by this ordinance shall be operated within the City of Sal~na, or its police jurisdiction. unless it con- forms with the requiranents of this ordinance, Provided, Th!at when any such es- tablishment fails to maintain the standards herein required, the health officer is authorized to revoke the permit or ill lieu thereof, in his discretion, to sus- pend srone for such period as he may determine and fix in the order suspending the sume to ma.ke such order requiring compliunce with the r€lquirements of this ordin- ance, and fixing the t~le for such com~liance, as he may deem necessary. Section 8. Reinstatement of penni t, Any establishment the permit of which has been suspended or revoked, may at any time make application for the lcinstatement of the permit, Within one week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated itilln or items of the specifications have been confonned 1/d. th, the health officer sh'J.l1 make t\ reinspection, and thereafter as many €;l.dditional reinspectiolls o.s he illny deem necessc.ry to assure himself th~~ t the ~.pplicant is a.gain complying with the requirements, and, in case tho findings indico.tEJ ccmplic.nce, sho.ll have authority to reinstate the permit. Section 9. Poisonous substances. No Qrticle, polish. or other substance cor~ t~ining a.ny cyanide preparation or other poisonous material sh~ll be used for the cleansing or polishing of utensils, Section 10. Notification of diseo.se, Notice sho.ll be sent to the health officer immedintely by the ewner or mQnagor of any est~blisrunent covered by thi~ ord inance or by the employee concerned if he or o.ny employee contra.cts any in- fectious, cont~gious, or comnlunico.ble disease, or hus Q fever, a skin eruptj.on, 0. cough lasting more tho.n 3 weeks, or C'.ny other suspicious sympton. It she.ll be the mlty of a.ny such employee ot notify such owner or manager llnmedi~tely whon any of said conditions obtrcin, ~nd if neither tho mn.no.gcr nor tho amployee con~ cerned notifies tho heo.l th officer immedir.toly when nny of s~\id cendi tions obtdn they sho.ll be held jointly and severnlly to hn.ve violated this section. A plQc~rd containing the foregoing provisions of this section shull be posted in all toilot rooms. Every o~mcr or operator of uny such establishment she.ll keep in suoh es- t~lblishm0nt. open to the inspection of the he '.1 th officor, 0. pcrmunent J.ist of all employees. showing tho n~e, addross a.nd age of each ~aployee, and da.te of omploy- ment, and shull note thereon when such employment is terminated, c.nd such list sh.-;ll not be o.lterod, defaced or destroyed without tho consent of tLc' hoa.lth offi cere Section 11. Procedure when infection exists or is suspected.. Whenever any employee or the owner or marlager or other person in arlY manner oonnected with the operation of any establishment covered by this ordinance contracts or ha.s, or is suspected of having any infectious, contagious or communicable disease, or when- ever suspicion arises as to the possibility of the transmission by any such person if any such disease or infection or any contamination therefrom, or whenever the hea.lth officer deans it to be necessary, the health officer shall either at his own instunce, or upon information furnished by, or a.tth€J request ot', the medical officer of any military organization which is quartered ill Sallll€J County, Kansas, or the Suline County Medico.l Association, require any or all of the following mec.sures: (1) the immodin.te exclus ion of such employee or other person from the estc.blishment., covered by this Ordlllc.nce, with which he or she is connectod; (2) tho immediate closing of such estc.blishment until no further d~nger of tho conl- munication or transmission of such disease, infection or contamination exists, in the opinion of the health officer; (3) adequate modical examination of any such employee or other person or his or her a.ssociates, with such laboratory exarnino.- tions as mny be indicntcd, nnd the furnishing to tho henl th officer, by and c.t the expense of the person so eXC'JIlined, a physicio.n's certificate showing such exa.millcc- tion and laboratory tests ::l.nd the results theroof. The ho[\l th officer may at cmy time direct ~d shall a.t the reques~ of any military medical officer of o.ny militury organization herein referred to or~ t the request of the Snline County Modic~l Society direct !:m~r such person to submit himself or herself to such exmnill".ti011 c.nd tests by nny physician designated the health officer or by the medical officer of any military organization herein referred to, or by the Saline County MedicQl Association, and the person so examined shall pay the expense of such examination and furnish a certificate thereof to the health officer. Any such milit~ry m€Jdical officer or the Saline County Medical Association shall have the right to make any inspection or examina.tion provided for by the ordinance, Np employee cr other person connected with any estublisrunent covered by this ordinanoe who refuse to comply with any requirement of' this ordinance or with any requirement of the health offioer ~s provided for herein, or who sha.ll refuse to submit to a.ny physic~l ox- Qffiination or to furnish a certifica.te thereof a.s required by this ordinance shnll thereafter l;le anployed by or in any manner connected with any such estnblishment, a.nd the presence of ~ny such omployee or other person tn a.ny such. establisrunont Ed Morgenstern M~ty or . ~fter such refus~l shull require the iJu~nediQte revoc~tion of uny permit issued to such estublishment~ Section 12. ~cemollt interl?retc,tion. This ordin3.nce shnll be onforccjd by tho henlth officer in o.ccordo.ncc with tho intel:pretqtions thereof contdned in tho 1940 edition or any subsequently published edition of tho U. S. Public HE:~,l th Service Code Rogu1~ting Eo.ting ~d Drinking Est~blishments, ~ certified copy of which shull bo on file at tho office of the hO'llth officer, Section 13. Peno.lties Any person who violates o.ny provision of this ordin~mco sh0.1l, in !:l.ddition to the other remedios of suspension or revocc,tion of penults ~s h~rcin provided for, be fined not less than $10.00 or more thnn $100.00, or be imprisoned in tho City Jail for not to exceed 30 dn.ys, or mc-.y bo punishod by both such fino nnd ..imprisonment, a.t the discretion of the court hc.ving jurisdictj.on. Each nnd overy violation of any provision of this ordinance, and enah day upon which o.ny violation shall continue, sh0.1l constitute 0. sepo.rute offense. Section 14, Eff~ctive Date, This ordinnnce shull be in full forco and effect nftcr its ~lic~n in tho officiul city ncwsp~per. . Section 15, Unconstitutionnlity clo.use. Should uny section, pnro.gro.ph, sen- tence, clause, or phrase of this ordinance be decl~red unconstitutional or invulid ror any rensor! the remainder of sa.id ordinc.nce shull not be affected theroby. Introduced, Nova~ber 23, 1942 Pa.ssed, Nov~be~ 30, 1942 Attest: Chus. E. Banker City Clerk .- (Published in the Salina Journal 1943) e ORDINANCE NO. 5026 AN ORDINANCE relating to taxicab tares. BE IT ORDAINED by the Board of Commissioners ot the City of Salina, Kansas: Section 1. That the taxicab rates provided tor in Section 1 ot Ordinance No. 5017 be supplemented by the following provisionsl e W(g) Notwithstanding the provision ot sub-section (a) and (b), the tare trom the Union Station to any point in Zone One (1) or Zone Two (2) shall be twenty-tive cents (25F) per passenger." Section 2. This ordinance shall take etfect and be in force from and atter its publication in the offioial city paper. Introduced, December 21, 1942 Passed, Deoember 31, 1942 Ed llorgenstern J4ayor Attest I Chas. E. Banker City Clerk . . . Ch. 20, Art. 2 PUBLIC HEALTH.-General Regulations. 219 I ~ " ' \" / ARTICLE 2.-General Regulations. (See 13-415, 13-436, G. S. 1935) 20-201. References to Committee on Public Health. (Section 6-201 provides that references to any Com- mittee of the Council in any ordinance passed prior to the adoption of the Commission-Manager form of Government shall be deemed to refer to the Board of Commissioners, except where otherwise specifi- cally provided). 20-202. Reference to Committee on Public Healtn and Sanitary Measure; reference to Sanitary and Health Officer. That wherever in Ordinance No. 778, Ordinance No. 822, and Ordinance No. 1911, any reference is made to the Committee on Public Health and Sanitary Measures, such reference shall be deemed to be and said ordinance shall refer to the ~;'\J1it!l.rl and H,elllt}l. <.o.~er and all duties pre- scribed by said ordinances to be performed by the yglumittl:!!!Ol1 Public Health and Sanitary Measures and all authority conferred by said ordinances upon such Committee shall be performed by and shall de- volve upon the Sanitary and Health Officer of the City of Salina. (~4, Ord. 3030, 9-15-24). 20-203. Small pox; other infectious disease; per- sons spreading; penalty. Any person having, or having had the small pox or other like malignant or infectious disease, who shall go about in any public place while in danger of imparting the dis- ease to others, shall be subject to a penalty of not less than five dollars nor more than one hundred dollars: Provided, that this shall not apply to cases where such persons shall have first consulted some respectable physician and obtained from him or her a written statement that such person is in no danger of imparting the disease to others. Any person at- tending or being about any person having the small pox, or other like infectious disease, who shall not change or purify his or her wearing apparel before going into any public place, or who shall so conduct himself or herself as to endanger the spreading of the disease, or the giving of it to others, shall be subject to a penalty not exceeding One Hundred Dollars. (~2, Ord. 284). 20-204. Failure to post signs; penalty. If any occupant of any house in this city shall have the smallpox or other like malignant or infectious dis- ease, the Mayor may require notices, with the words "Small Pox Here", in large red letters to be posted in conspicuous places on such houses or premises by the occupant or occupants thereof, who shall cause such notices to be placed and kept up as long as directed by the mayor, and upon his or her fail- ure to do so, he, she, or they shall be subject to a penalty not exceeding Twenty Dollars for each day he, she, or they shall fail so to place and keep up such notices. And if such person shall fail to put up such notices then the mayor shall cause the same to be posted. (~3, Ord. 284). 20-205. Establish pest house. Whenever the small pox or other infectious disease shall prevail in the City of Salina, or within five miles thereof, it shall be the duty of the Committee on Health to estab- lish within the City, or within the limits aforesaid, a pest house, to which the said Committee shall transfer all persons having such disease, to be pro- vided for at the expense of the City, unless such persons are able to pay said expenses, and unless said Committee shall be satisfied that such persons can be better provided for at their place of resi- dence. (~4, Ord. 284). 20-206. Vaccination; provided by City. Whenever the small pox shall prevail within the City of Salina, or within five miles thereof, it shall be the duty of the Mayor to let to a practicing physician the vac- cination of all the citizens of the city who may apply for such vaccination, the expense thereof to be paid by the City. (~5, Ord. 284). 20-207. Sanitary and Health Officer; make inspec- tions. It shall be the duty of the Committee on Pub- lic Health and Sanitary Measures (Sanitary and Health Officer) to make a personal inspection of the City as often as once a week during the months of June, July, August and September of each year and at such other times as may be ordered by the City Council, for the purpose of examining into the sanitary condition of the City. The said Commit- tee or any member thereof, or any other person acting under their orders, shall have the authority to enter into and examine at any and all times all buildings, lots and places of all descriptions within the City for the purpose of ascertaining the condi- tion thereof so far as the public health may be af- fected thereby. (~2, Ord. 778, 7-27-91; see ~20-202). 20-208. Cleanse premises; abate nuisances. The Committee on Public Health and Sanitary Measures (Sanitary and Health Officer) shall adopt all neces- sary measures for cleansing and purifying all build- ings, lots and other places, and for causing the re- moval therefrom of all nauseous substances produc- ing a disagreeable odor or t1mdingto C~USE;l;li.~- ness or disease, and to cause the removal, cleansing ani! 'abatfngor all nuisances caused by dead car- casses or by the conditions of privies, pig houses, 220 PUBLIC HEALTH.-General Regulations. Ch. 20, Art. 2 pig pens, stables or any other out building 01' by filth, stagnant water, decayed or decaying vegeta- tion or other matter and they may do or cause to be done whatsoever in . their judgment shall be neces- sary to carry out such measures. (Sec. 20-202; ~3, Ord. 778, 7-27-91; see ~20-202). 20-209. Nuisances abated at expense of City. It shall be lawful for the Committee on Public Health and Sanitary Measures (Sanitary and Health Offi- cer), in all cases where they may deem it neces- sary for the speedy execution of their orders, to cause any such nuisance or nuisances to be abated or removed at the expense of the City; and also to cause any such nuisance or nuisances which may exist upon the property of any non-resident 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 nuisance or nuisances, to be abated or removed in like manner at the expense of the City; the said Committee (Officer) shall certify to the City Clerk a description of such pieces of property, together with the cost of abating or re- moving such nuisances therefrom and such amount shall be assessed upon such property by the City Council and the same shall be certified to the County Clerk to be collected as other special assessments. (~4, Ord. 778, 7-27-91; see ~20-202; see 13-436, G. S. 1935). 20-210. Each day's violation separate offense. Each day's continuance of any nuisance after the expiration of the time specified in the order of the Committee on Public Health and Sanitary Measures referred to in the preceding section shall be deemed as a separate and distinct offense, and shall be pun- ished accordingly. (~6, Ord. 778, 7-27-91; see ~20- 202). 20-211. Stagnant water; disposal. Should the Committee on Public Health and Sanitary Measures (Sanitary and Health Officer) at any time deem it necessary in order to preserve the health of the City that the water falling from the roofs of any buildings situated within the City of Salina, and which water accumulates and forms stagnant pools, should be carried away by the public sewer or other- wise, such Committee (Officer) shall order the im- mediate disposition of such water by the owner or occupant of such premises by connecting such prem- ises with the sewer in such manner as will convey away said water, or by otherwise conveying the same away so as to avoid all stagnant pools. Any such connection with the public sewer shall be made under the direction of said Committee (Officer) and in accordance wi~ Ordinanee No. ,725 so::far as the same is applicable and any other disposition of the same shall be under the supervision and direction of said Committee (Officer) . ~9.1l1(L Jl1~ owneL Qr o~cupant of such premises where ordered .b.Y.:.~ll.id Committee (Officer) so to do, fail or .:n,eglect for ten daYs to make-the connectioll necessary to ~onvey such water into the public sewers or otherwise dis- pose of same, said Committee (Officer) shall pro- ceed and have the necessary work done to convey away such water by the public sewer or otherwise at the expense of the City, certifying the descrip- tion of the premises and the cost of the work to the City Clerk and the amount thereof shall be as- sessed upon such property by the City Council and certified to the County Clerk to be collected as other special assessments. (~7, Ord. 778, 7-27-91; see ~20- 202). 20-212. Violation of Sees. 20-207 to 20-211; evi- dence. In all trials for the violations of the pro- visions of this ordinance, the certificate of any police officer, or the ex-parte affidavit of service of any order, notice or requirement of the Committee on Public Health and Sanitary Measures (Sanitary and Health Officer), purporting to have been made by the person who made such service, shall be deemed and taken as prima facie evidence that such service of order, notice or requirement was made as set forth in such certificate or affidavit. (~8, Ord. 778, 7-27-91; see ~20-202). 20-213. Violation of Sees. 20-207 to 20-211; penalty. Any person violating any of the provisions of the foregoing sections of this ordinance, or refusing to obey any order of the Committee on Public Health and Sanitary Measures (Sanitary and Health Offi- cer), shall upon conviction thereof in Police CO'llrt, where no other penalty is prescribed, be fined in any sum not less than $5.00 nor more than $100.00 for each offense. (~9, Ord. 778, 7-27-91; see ~20-202). 20-214. Vaults, Cesspools, Prohibited; When. (Ref: see 13-436, G. S. 1935). It shall be unlaw- ful for any person, firm or corporation to construct on any property in the City of Salina, which abutts 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 for any person, firm or corporation to use or permit the use of any vault or cesspool now constructed on any such prop- erty. (~1, Ord. 3779, 9-7-29). 20-215. Same; Notice. That any vault or cess- pool now or hereafter located or constructed on any . Ch. 20, Art. 2 ---.~~.._..._-----------_..__._-+. PUBLIC HEALTH.-General Regulations. -------------.---- -~._._---~ property in the City of Salina which abutts upon any street or alley upon which there is or in which there may be hereafter located any public sewer, or which is accessible to any public sewer now or hereafter constructed, shall be and the same is here- by prohibited and suppressed and the same shall be removed upon notice given by the Chief 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 of Salina, or if such owner be a non- resident of the City of Salina, then to the agent of such owner if such agent be a resident of the City of Salina, 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 non- residents of the City of Salina, or cannot be found or located by the Chief of Police in said city, such notice as to any or all of such persons who are non- residents or who cannot be located within the city, may be posted in a conspicuous place on said prem- ises and such posting shall have the same effect as to such non-residents or persons who cannot be found or located in said city, as if the same had been personally served upon them. Every such vault or cesspool is hereby declared to be a public nuisance and if within ten 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 of the City of Salina, and the cost thereof shall be reported to the Board of Commis- sioners 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 assess- ments for repairing and building sidewalks. (~2, Ord. 3779, 9-7-29). . Board of Commissioners of the City of Salina, and upon notice given by the Chief of Police of such order, connect said property with such sewer. The notice herein provided for shall be served in the same manner as that provided for in the preceding section of this ordinance. The maintenance or use of any such property without sewer connection, if same shall be ordered as provided for herein, be and the same is hereby declared to be a public nuisance and any such nuisance may be abated by the City of Salina by the connection of such property to any such sewer, and if after the notice herein provided for is served or posted, as required herein, the owner of said property shall neglect or refuse to make such connection, the Board of Commissioners of said city may contract for the construction of such sewer connection or may employ any person to make such connection, and tax the cost thereof as a special assessment against the real estate so connected to any such sewer in the same manner as provided for in the preceding section of this ordinance. (~3, Ord. 3779, 9-7-29). 20-217. Definitions. The terms "vault" and "cess- pool" as used herein shall be deemed to include all privy vaults, septic tanks, and any receptacle for filth or excrement for the carrying off of which the sewers of the city may be properly used, and all appurtenances thereto. (~4, Ord. 3779, 9-7-29). 20-218. Violations of Secs. 20-214 to 20-217; penalty. Any person, firm or corporation, or the agent, employee, representative, officer or member of any such person, firm or corporation who shall violate any of the provisions of this ordinance, or who shall fail, neglect, or refuse to comply with any order or notice made or given pursuant to the provisions of this ordinance, or who shall maintain or permit the maintenance of any nuisance described in this ordinance, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined 20-216. Same; Service of Notice; Connection to not less than $25.00 nor more than $100.00 for each Sewers; Costs. That every person, firm or corpor- offense and each day upon which any such nuisance ation owning any property in the City of Salina shall be permitted to continue, or during which any which abutts upon any street or alley in which violation of this ordinance shall be permitted or there is located a public sewer or which is accessi- caused to exist, may be deemed a separate offense. ble to any public sewer, shall, upon order of the I (~5, Ord. 3779, 9-7-29). . 221 . ARTICI,.E a.-Venereal Diseases. PUBLIC HEALTH.-Venereal Diseases. Ch. 20, Art. 3 ~0-301. Venereal diseases dangerous to public health. Syphilis, gonoco<<;cus infection. and chancroid, hereinafter designated venereal diseases, are hereby recognized and declared to be contagious and in- fectious, communicable and dangerous to the public health. (~1, Ord. 2216, 10-12-18). 20-302. Venereal diseases to be reported. Here- after, each and every physician or other practitioner of the healing art practicing in the City of Salina, Kansas, or any superintendent or manager of a hos- pital or dispensary, or any other person who treats or examines any person suffering from or afflicted with a venereal disease in any of its stages or mani- festations, shall report to the City Physician the existence of such disease. . All such reports shall be made in writing within forty-eight hours after diagnosis, on blank forms approved by the State Board of Health and obtain- able from the City Physician, and shall give the number of the case, which number shall correspond with the serial number of instructions given to the patient; the name and address of the patient as hereinafter required; the type and stage of such disease; the color, the sex, the marital state, and the occupation of the person affected with the dis- ease; and a statement as to whether or not the na- ture of the occupation or place of employment of the person afflicted with such disease makes him or her a menace to the health of any other person or persons: Provided, that whenever the person making the report will assume full responsibility for such conduct of the person afflicted with a venereal disease as will prevent the transmission of same to others, nothing in this paragraph shall be construed to require the reporting of the name and address of the person afflicted with a venereal disease. In the event that the person making the report is un- willing to assume responsibility or shall know or suspect that a person having a venereal disease is so conducting, or about to conduct himself or her- self in such manner as to expose other persons to such infection, he shall then report the name and address of such afflicted person, together with such other essential facts as may be required by the City Physician. (~2, Ord. 2216, 10-12-18). 20-303. Persons afflicted with venereal diseases to be given a circular of information. It shall be the duty of each and every physician or other prac- titioner of the healing art practicing in the City of Salina, Kansas, or any other person who visits, at- tends, advises professionally, prescribes for or ren- . del's medical or surgical assistances to or is con- sulted for medical advice by any person having a venereal disease, to at once give to such person a copy of this ordinance together with a serially num- bered circular of instructions, obtainable from the City Physician and approved by the State Board of Health, entitled "Instructions for Preventing the Transmission of Gonorrhoea or Syphilis," and to re- port such fact in writing in the report required to be made of such cases. (~3, Ord. 2216, 10-12-18). 20-304. Change of physician to be reported to physician first consulted. When a person applies to a physician or other person for treatment of a ven- ereal disease, it shall be the duty of the physician or person consulted to inquire of and ascertain from the person seeking treatment whether such person has theretofore consulted with or been treated by any other physician or person, and if so, to ascer- tain the name and address of the physician or per- son, last consulted. It shall be the duty of the ap- plicant for treatment to furnish this information and a refusal to do so, or falsely stating the name and address of such physician or person consulted shall be deemed a violation of this ordinance. It shall be the duty of the physician whom the appli- cant seeks to and does consult or employ to notify the physician last consulted or employed of the change of advisors, such notification to be made upon a form furnished for that purpose by the City Physician. Should the physician or person previously consulted fail to receive such notice within ten days after the last appearance of such venereally diseased person, it shall be the duty of such physician to report to the City Physician the name and address of such venereally diseased person. (~4, Ord. 2216, 10-12-18). 20-305. Protection of others from infection by venereally diseased persons. Upon receipt of a re- port of a case of venereal disease it shall be the duty of the City Physician to institute such meas- ures for the protection of other persons from infec- tion by such venereally diseased person as said City Physician is already empowered to use to prevent the spread of other contagious, infectious or com- municable diseases. (~5, Ord. 2216, 10-12-18). 20-306. Reports to be confidential. All informa- tion and reports concerning persons infected with venereal diseases shall be confidential and shall be inaccessible to the public except insofar as publicity may attend the performance of the duty imposed upon the City Physician by this ordinance and the rules of the State Board of Health and Laws of the State of Kansas. (~6, Ord. 2216, 10-12-18). 223 224 PUBLIC HEALTH.-Venereal Diseases. Ch. 20, Art. 3 20-307. Suspected cases to.be investigated. In alii every reas.anable effart. to. keep secret the identity suspected cases af venereal disease in the infectio.us Df thDse affected by venereal disease cantrDl meas- stagl!s, the City Physician shall immediately use ures, as far as may be cDn~istent with the pratectian every available means to. determine whether the per- af.the public health. (~8, Ord. 2216, 10-12-18). san 0.1' persans sa suspected af being infected are - suffering fram said diseases 0.1' any af them, and 20-309. Dententian hospital. .It shall be- the duty whenever said diseases are faund to. exist, the City o.f the City Physician to. use anly such building Physician shall, whenever passible, ascertain the Di' buildings far quarantine purpases under this 0.1'- saurces af such infectian. In such investigatian, the dinance as shall be first pravided 0.1' accepted by City Physician is hereby vested with full pawer af the City Cauncil, pravided hawe-ver, that the State inspectian, examinatian, isalatian, and disinfectian af Industrial Farm far Wamen at Leavenwarth may all persans, places and things as pravided herein., be used fDr such purpases. (~9, Ord. 2216, 10-12-18). (~7, Ord. 2216, 10-12-18). 20-308. Powers and duties Df City Physician. It is hereby made the duty af the City Physician and he is hereby directed and empawered: (a) To. make examinatians af persans reasanably suspected af having syphilis in the infectiaus stages 0.1' Ganacac- cus infectian. Owing to. the prevalence af such dis- ease amang prastitutes, all prastitutes may be can- sidered within the abave class. (b) To. isalate persans infected with any af said diseases whenever isalatian is necessary to. pratect the public health. In establishing isalatian, the City Physician shall define the limits af the area in which the persans reasanably suspected 0.1' knawn to. have syphilis 0.1' ganacaccus infectian and his 0.1' her immediate attendant are to. be isalated, and no. persan, ather than the attending physician, shall enter 0.1' leave the area af isalatian withaut the per- missian af the City Physician. (c) In making examinatians and inspectians af wamen far the purpase af ascertaining the existence af syphilis 0.1' ganacaccus infectian, to. appaint wamen physicians far said purpases where the services af a waman physician are requested 0.1' demanded by the persan examined. (d) In cases af quarantine 0.1' isalatian, nat to. terminate said quarantine 0.1' isalatian until the cases have became nan-infectiaus. ( e) Cases af ganacaccus infectian are to. be re- garded as infectians until at least two. successive smears taken nat less than farty-eight haul'S apart fail to. shaw ganacacci. (f) Inasmuch as prastitutian is the mastpralific saurce of syphilis and ganacaccus infectian, the City Physician shall use every praper means af suppress- ing the same, and he is hereby prahibited fram is- suing certificates 0.1' ather evidence Df freedam fram venereal diseases. (g) To. keep all recards af said inspectian and examinatian fram public inspectian, and to. make 20-310. Quarantine. Whenever it is necessary far the pratectian af the public health that perSDns infected with venereal diseases be quarantined, the City Physician shall quarantine such diseased per- so.ns in said detentio.n ho.spitals 0.1' at said Indus- trial .B'arm and cause to. be administered to. such perSDns a pro.per CDurse Df treatment. (~10, Ord. 2216, 10-12-18). 20-311. Band Dr cash guaranty in lieu of quar- antine. In lieu af isalatian 0.1' quarantine, any per- san infected with any af said diseases may be re- leased upan band as herein pravided. Such persans shall make written applicatian therefar to. the City Physician which applicatian must be made . under o.ath and must state that the applicant is nat a prastitute. Such applicatian shall be accampanied by a certificate signed by the Chief af Palice and the Palice Judge, that the applicant is nat a prasti- tute. The applicant shall then file with the City Treasurer a band in the penal sum af One Thausand Dallal'S ($1,000.00), canditianed that the applicant will nat permit 0.1' perfarm any act which might 0.1' wauld infect 0.1' expose to. infectian any ather per- san, will cantinue praper medical treatment until cured and will faithfully abserve all rules, regula- tians and requirements af said City Physician to. pratect the public against infectian 0.1' cantagian. Said band shall run to. the State af Kansas and shall have ane 0.1' mo.re sureties, to. be appraved by the City Treasurer, pravided that a cash guaranty in a like amaunt may be accepted in lieu af such undertaking. Befare any persan is released fram any such band as cured, a final examinatian and appraval by the City Physician must be secured. (~1l, Ord. 2216, 10-12-18) . 20-312. Spread of venereal diseases unlawful. It shall be unlawful fo.r any persan to. inaculate any ather persan with any af the venereal diseases named in Sectian 1, hereaf, and it shall be unlawful far any persan to perfarm 0.1' cammit any act which . Ch. 20, Art. 3 PUBLIC HEALTH.-Venereal Diseases. exposes any other person to inoculation of or in- fection with any of the said diseases. (~12, Ord. 2216, 10-12-18). 20-313. Druggists to keep record of sales of drugs for venereal diseases. Any druggist or other person who sells any drug compound, specific or prepara- tion of any kind used for the cure of any of said venereal diseases shall keep a record of the name, address and sex of the person making such pUl'chase, a copy of said record shall be mailed each week to the City Physician. (~13, Ord. 2216, 10-12-18). 20-314. Obstructing City Physician. It shall be unlawful for any person to obstruct said City Physi- cian in the performance of his duties herein re- quired. (~14, Ord. 2216, 10-12-18). of his duties comply with all of the proVlslons of this ordinance. (U5, Ord. 2216, 10-12-18). 20-316. Term of office. Such appointment, so made as aforesaid shall expire on the 15th of May, 1919, and thereafter, on or before the 15th of May, a City Physician shall be appointed each year for a term of one year, which said appointment shall be confirmed by the Council of the City of Salina, Kansas. (~16, Ord. 2216, 10-12-18). 20-317. Compensation of Physician. That the said City Physician shall receive as full compensa- tion for his services under this ordinance the sum of Ten ($10.00) Dollars for each person examined under the provisions of this ordinance. (~17, Ord. 2216, 10-12-18). 225 20-315. City Physician appointed. That for the 20-318. Violations. Any person violating any of purpose of effectually carrying out the terms and the provisions of this ordinance shall be punished provisions of this ordinance the Mayor of said City by a fine of not less than $50.00 nor more than shall appoint some reputable physician, whose ap- $100.00, or by imprisonment for a p~riod of not to pointment shall be confirmed by the Council, to act exceed six months, or by both fine and imprison- as City Physician and who shall in the performance I ment. (~18, Ord. 2216, 10-12-18). . . ~o v T H \\1l:'5Tef(" 13 ~L. '1~L. _ Co. l!)r..c\ ~ q..q ~ 1 - T""'V- -;!S"'r' ~ r. . Ch. 22, Art. 1 PUBLIC UTILI'l'IES FRANCHISES.-Electric Light, Power & Ga~. CHAPTER 22.-PUBLlC UTILITIES FRANCHISES AND REGULATIONS (Water Works Dept., see Ch. 36) 'S--ruw ~~e 1L If <H j- P . ;l3H I . 1- I.-Electric Light, Power & Gas; Franchise to Thomas H. Smith and Assigns; Salina Light, Power & Gas Company.-22-101 to 22-123. 2.-N atural Gas; Franchise to The Kansas Pipe Line & Gas Company.-22-201 to 22-218. 3.-Street Lighting; United Power & Light Corporation.-22-301 to 22-304. (Note: For Assignment of Franchises under Articles 1, 2 and 3, see ~22-123). 4.-Buss Transportation; Franchise to The Salina Transit Company.-22-401 to 22- 415. 5.-Miscellaneous Franchises and Grants.- 22-501 to 22-517. 6.-Miscellaneous Regulations. - 22-601 to 22-613. . ARTICLE I.-Electric Light, Power and Gas; Fran- chise to Thomas H. Smith and Assigns; Salina Light, Power and Gas Company. 22-101. Title of ordinance. An ordinance grant- ing to Thomas H. Smith, his successors and assigns, the right to manufacture, distribute and sell elec- tricity and gas for light, heat, power and other pur- poses in the City of Salina; to use and occupy the streets, alleys and public grounds of the said City for the erection and maintenance of poles, wires and conduits, and for the laying of the mains and pipes therefor; and contracting with said Thomas H. Smith, his successors and assigns for the light- ing of the streets, public buildings and grounds of said City, and repealing Ordinance Number 1218, passed and approved, March 8, 1904, and repealing Ordinance Number 1560, passed and approved, June 30, 1910. (Ord. 1566, 7-27-1910). ~ 22-102. Term of franchise. That the right to manufacture, distribute and sell electricity and gas L . y.vJ r for light, heat, power and other purposes, in the Jtv-' ~ u(\1J City of Salina, Kansas, for the period of twenty iP -)... years from the date of the passage and publication 'l:J'" 'r \ of this ordinance, is hereby granted to Thomas H. ~ 1- Smith, his successors and assigns, hereinafter desig- \ nated as the grantee. (~1, Ord. 1566: Amd. ~1, Ord. \.- 2295, Nov. 3, 1919). 22-103. Extension of franchise term. That it is the purpose and intent of this ordinance to grant an extension of the franchise created by ordinance . number 1566, so that the same shall extend for a period of twenty years from the' date of this ordiA nance. All of. the other terms and conditions of said ordinance number 1566 not being in any wise altered, modified or changed hereby. (~2, Ord. 2295, Nov. 3, 1919). 22-104. Franchise effective; acceptance in writing. This ordinance to be effective shall be accepted by The Salina Light, Power and Gas Company, the as- signee of the said Thomas H. Smith within thirty days after the passage and approval hereof by filing with the City Clerk of the City of Salina, Kansas, its acceptance in writing of all the terms, condi- tions and stipulations hereof. (~3, Ord. 2295, Nov. 3, 1919). 22-105. Acceptance of Ordinance 2295. December 2, 1919. To the Honorable Mayor and Council of the City of Salina. Gentlemen: The Directors of the Salina Light, Power and Gas Company held a meeting on November 29th, 1919, and accepted the extension of their franchise by adopting the following resolution: That the Salina Light, Power and Gas Company, which is the assignee of Thos. H. Smith, hereby accepts all the terms, conditions, and stipulations included in the Ordinance No. 2295 passed by the City Council and approved by the Mayor of the City of Salina on November 3rd, 1919. Jas. L. Stone, Vice Pres. & Gen. Mgr. Filed in City Clerk's office Dec. 2, 1919. Chas. E. Banker, City Clerk. 22-106. Maintain works; use streets. That to this end and for this purpose said grantee, his suc- cessors and assigns, is authorized to purchase or to erect, or to both purchase and erect, maintain and operate in the City of Salina, suitable works for the manufacture of electricity and gas, and the use of the streets, sidewalks, alleys and public grounds of said city for the period of twenty years from the date of the passage and publication of this or- dinance, is hereby granted to him, his successors and assigns, for the erection of poles, the stretch- ing of wires and laying of conduits, mains and ser- vice pipes for the proper distribution of the same. (~2, Ord. 1556, 7-27-1910). 22-107. Excavations in streets; repairs. All ex- cavations or trenches made in the streets, alleys, sidewalks, pavements or public grounds of the said 227 228 PUBLIC UTILITIES FRANCI-IISES.-Electric Light, Power & Gas. Cb.22, Art. 1 City und~r th~ grant aforesaid shall forthwith be refilled so as to leave the streets, alleys, sidewalks, pavements and public grounds in as good condition as before such excavations or trenches were made, and such work shall be subject to the supervision and direction of such officer or committee as the Common Council of said City may designate; and in case the said grantee, his successors or assigns, after having had ten days' written notice shall fail to make such repairs as aforesaid, the said City may make such repairs at the expense of said grantee, his successors or assigns, which such ex- pense, by the acceptance of this ordinance said grantee hereby agrees to pay. (93, Ord. 1566, 7- 27-1910). 22-108. Wires and poles; height. All line wires supported on poles and all arc lamps hung at street intersections; under this ordinance, shall be not less than sixteen feet above the ground, and all poles supporting line wires shall be not less than thirty feet long and not less than five inches in diameter at the top. (94, Ord. 1556, 7-27-1910). 22-109. Wires, cables, etc.; location. The poles, wires, cables and conduits used in the transmis- sion of electricity, whenever practical shall be by the grantee erected or laid exclusively in the alleys of the City, and at the extreme side thereof, under the direction of City Engineer, and when the same shall occupy streets, they shall be erected at the inner edge of the curb, under the direction of the City Engineer, and all such poles shall be so situ- ated and placed and the wires so strung thereon as not to injure persons or property, or obstruct the ordinary use of any street or alley of said City; Provided, this grant is made subject to all reasonable regulations now existing or to be made by said City concerning the moving of buildings and other uses of the streets and alleys of said City; Provided further, that the City shall have the right to require said grantee, his successors and assigns, to relocate any pole or poles to meet the above re- quirements without expense to the City; Provided further, that after the City of Salina shall acquire a population of twenty-five thousand (25,000) peo- ple, said City may require said grantee, his suc- cessors and assigns, to place any or all wires, cables and conduits under ground within the fire limits of the City of Salina, at any time the said City shall deem the same to be for the best interests of the said City, and such change or changes shall be made under the direction of the City Engineer, in such manner as the said City may direct, and at the expense of the said grantee, his successors and -. -,.,~.>.._.,~,~.~-------~' assil{ns; 'and, P,rovided further, that no poles, wires, cables or conduits shall be located, strung or' laid in or upon, any ,public ground without the definite location of the same having been first obtained from the governing body of the said City of Salina. (95, Ord. 1556,7-27-1910). 22-110. Rates; residence lighting. That the Salina Light, Power & Gas Company, hereinafter called the Company, may charge for electric current fur- nished for residence lighting in the City of Salina a maximum rate of not to exceed nine cents (9c) per kilowatt hour for the first fifty (50) kilowatt hours used per month; and five cents (5c) per kilo- watt hour for all kilowatt hours in excess of fifty (50) thereof used per month, as measured by meters of standard make to be installed by and to remain the property of said Company; provided however, that any customer of said Company who fails to make payment of his account on or before the 10th day after due date thereof will be subject to and shall pay an additional charge of ten percent (10 per cent) of the gross amount of said bill for this service; and provided further that no monthly bill for residence lighting shall be less than one dollar ($1.00). (96, Ord. 1566, Amd. by 91, Ord. 2201, Amd. by 91, Ord. 2361, Amd. by 91, Ord. 2459, 3-4- 1922) . 22-111. Rates; commercial lighting. That the Company may charge for electric current furnished for commercial lighting in the City of Salina a service or demand charge of not to exceed the sum of one dollar ($1.00) per month for the first five amperes 110 volt of meter capacity together with a further service charge of not to exceed fifty cents (50c) per month for each additional five amperes 110 volt capacity together with a consumption charge of not to exceed five and one-half cents (51hc) per kilowatt hour used per month as measured by meters of standard make to be installed by and to remain the property of said Company; provided further, however that should the service and consumption charge not be paid by any customer on or before the 10th day after due date thereof that the Com- pany shall have the right to charge in addition thereto ten per cent (10 per cent) of the gross amount of said customer's account for this service. (96, Ord. 1566, Amd. by 91, O1'd. 2201; Amd. by 92, Ord. 2361; Amd. by 92, 01'd. 2459, 3-4-1922). 22-112. Rates; secondary power. That said Com- pany may charge for electric current furnished for secondary power in the City of Salina a demand or service charge of not to exceed one dollar ($1.00) per month per horse power connected together with . . . Ch. 22, Art. 1 PUBLIC UTILITIES FRANCHISEs'-Electric Light, Power & Gas. a consumption charge of not to exceed the maxi- mum rat!;! of foul: cents (4c) per kilowatt hour for the first five hundred (500) kilowatt hours used per .lUonth and not to exceed three cents (3c) per kilo- watt hour for all over five hundred (500) kilowatt hours used per month, as measured by meters of standard make to be installed by and to remain the property of ::,aid Company; Provided, further, however, that should the charge for such service and current not be paid by any customer on or be- fore the 10th day of the month following that in which said service is rendered and current used then that the Company shall have the right to charge in addition thereto ten per cent (10 per cent) of the gross amount of such customer's account for this service. (S'l, Ord. 1566, Amd. by Sl, Ord. 2201; Amd. by S3, Ord. 2361, Amd. by S2, Ord. 2459, 3-4- 1922). 22-113. Rates for artificial gas. s1. That section four (4) of Ordinance No. 2459 be and the same is hereby amended to read as fol- lows: S4. (a) That the Salina Light, Power and Gas Company, hereinafter referred to as the Company, may charge the following maximum rates for arti- ficial gas furnished to all customers thereof in the City of Salina, according to the schedule or rates known and designated as "Rate B" or the "Three Part Rate", such schedule being as follows: The Salina Light, Power and Gas Company, Salina, Kansas. Schedule of Rates for Gas Service, Rate B or Three Part Rate. Available to any customer located on the mains of the Company. Rates: 1. A commodity charge, per 100 cubic feet of gas metered per month, 5c. Plus: 2. A requirements charge, per cubic foot of maxi- mum hourly requirements. Per year (to be paid in 12 equal monthly installments) 40c. Plus: 3. A customer charge, per meter, per year $12.00 (to be paid in 12 equal monthly installments). Determination of Requirements: The requirements of the customer shall be deter- mined by the customer, after which limiting devices may be installed by the Company to limit the flow to the requirements agreed upon. The minimum requirements shall be 22% cubic feet per hour. All customers shall enter into a contract for. gas on the above rate for the period of one y.ear. No reduction in the requirements shall .be made within the life of the contract. Discount, None. The above net rates apply only in case a bill is paid within ten days after the expiration of the month for which service is rendered. If not so paid, the gross rates which are the above rates plus 10 per cent, then apply. Special Rules: If a meter is disconnected it shall not be recon- nected at the same address and for the same cus- tomer (or any member of his family, except upon the payment of a reconnection charge of $5.00. (b) That the schedule of rates provided for in the preceding sub-division hereof shall not take ef- fect, except as hereinafter provided, until the ex- piration of six months from and after the final passage and approval of this ordinance, Provided, however, that in the interim between the final pas- sage and approval of this ordinance and the expira- tion of the six months period hereinabove mentioned, said Company may charge the following maximum rates for artificial gas furnished to all consumers thereof in the City of Salina, according to the sched- ule of rates known and designated as "Rate A" or the "Two Part Rate," such schedule being as fol- lows, to-wit: The Salina Light, Power and Gas Company, Salina, Kansas. Rate A or Two Part Rate Available to any customer on the mains of the Company. Rate: 1. All year service, for the first 100 cubic feet or less thereof used each month $1.75. For all additional gas per 100 cubic feet 10c. 2. Part Year Service, if a meter is reconnected at the same address and for the same customer (or any member of his family) within four months after the meter has been disconnected, the charge for the first 100 cubic feet shall also be made for each month the meter has been disconnected. Discount, None. The above net rates apply only in case a bill is paid within ten (10) days after the expiration of the period for which service is rendered. If not so paid the gross rates, which are the above rates plus 10 per cent, then apply. 229 Ch. 22, Art. 1 230 PUBLIC UTILITlES FRANCHISES.-Electric Light, Power & Gas. (c) 'l'hat said "Rate A" provided for in the pre- ceding sub-division hereof shall become effective and shall apply to and affect all bills for service based on meter readings made on and after October 1st, 1923, and :;hall, except as hereinafter provided, be and remain in effect for a period of six months after said October 1st, 1923, and shall affect and apply to all bills for service based on a meter read- ing made prior to April 1st, 1924, except as herein- after provided. (d) That during said six months period above referred to during which said "Rate A" shall be in effect, the Company may on the written application of any customer, put into effect said "Three Part Rate," or "Rate B," and shall put such rate into ef- fect as to any customer making application there- for in the order in which such applications are re- ceived and filed at the offices of the Company, Pro- vided however, that the Company shall have a reasonable time to secure and install the necessary appliances and devices required for the operation of said "Three Part Rate." (e) That before said April 1st, 1924, the Com- pany shall have installed in or on the line of each customer, the necessary appliances and limiting de- vices required for the operation of said "Three Part Rate" and each customer or person applying for ser- vice prior to such date shall permit the authorized employees of the Company to have access to the premises of such customer or applicant for the pur- pose of installing such appliances and devices, and if any customer or applicant shall refuse to permit the Company to install such appliances or devices prior to said April 1, 1924, then the Company shall have the right to discontinue the furnishing of gas to such premises until such appliances or devices have been installed. (f) That prior to said April 1, 1924, or prior to putting into effect said "Three Part Rate" in the premises of any customer, the Company shall with- out charge to such customer, adjust the stoves or other appliances then in use on the premises of such customer so as to afford the proper use of gas through such stoves or other appliances in relation to the requirements contracted for by such cus- tomer. (g) That nothing in such schedule of rates desig- nated as the "Three Part Rate" shall prevent any customer from discontinuing the use of gas at any time upon written notice to the Company and pay- ment of all charges then due, or require the pay- ment of any charge of any kind after such discon- tinuance, Provided however, that after a meter has been disconnected, it shall not be re-connected with- in one (1) year at the same address for the same customer or any member of his family, except at the original contract rate for the remaining por- tion of the original contract year, and except on the payment to the Company of a re-connection charge of $5.00, unless during at least a majority of the time between such discontinuances and re-connection gas shall have been used on said premises and paid for by some other customer, in which event such $5.00 charge shall not be made. (h) That the Company shall install in its plant sufficient equipment to furnish and distribute to the users of gas within the City of Salina at all times after the adoption of this ordinance, a sufficient quantity of gas to permit each and everyone 01 its customers to use at all times the maximum amount of gas to which such customers will be en- titled under the requirements for which such cus- tomers may have contracted, and the Company shall, at all times, so maintain its plant and its distribu- tion system and the necessary equipment therefor as to enable it to furnish at any time the maxi- mum amount of gas which may be so required by such customers. (~8, Ord. 1566; Amd. by ~2, Ord. 2201; Amd. by ~4, Ord. 2361; Amd. by ~4, Ord. 2459; Amd. by ~1, Ord. 2852; 9-27-1923). 22-114. Rates changed by City. That said maxi- mum charges so fixed as aforesaid and said service and demand chal'ges as hereinbefore provided for shall be in force and effect only until such time as "he Mayor and Commissioners of the City of Salina, Kansas, shall modify, change or alter the same as provided for in Section Ten (10) of Ordinance Num- ber 1566, and the nght is hereby expressly reserved to the Mayor and Commissioners to so modify, change or alter such maximum charges so fixed as aforesaid being hereby expressly reserved to such Mayor and Commissioners and that nothing herein contained shall be held or construed to limit the rights and privileges l'eserved to said Mayor and Commissioners by Section Ten (10) of Ordinance Number 1566, Section Three (3) of Ordinance Num- ber 2201 and Section Two (2) of Ordinance Num- ber 2295. (~5, Ord. 2361; ~5, Ord. 2459, 3-4-1922). 22-115. Right of City to change rates. The fran- chise hereby granted is upon the express condition that the City of Salina shall have the right, and such right is hereby expressly reserved by said City, to make from time to time, during the life of this franchise, reasonable reductions or increases, or . Ch.22,Art.:l l'UllLlC U'l'ILl'T'lES FHANCHISES.-Electric Light, Power & Gas. other reasonable changes in the maximum. rates or prices to private, consumers, or contract rates of prices to the ci,ty, fixed or to be fixed by the City of.Salina for electricity or gas or both, furnished or to be furnished to the said City and the inhabi- tants thereof by the said grantee, his successors and assigns, under this ordinance. (~10, Ord. 1566, 7-27- 1910). . 22-116. Meters; inspection. The grantee herein, his successors and assigns, shall furnish and supply at his own cost and expense, to each consumer, reli- able meter or meters of standard make to measure the amount of electric current or gas supplied, and shall keep such meters in good repair. Such meters shall be and remain the property of said grantee, his successors and assigns, but they shall be sub- ject at all times to inspection and testing by such qualified officer or person as the City may designate or appoint by ordinance of such City providing for such officer, and providing regulations governing such office, and any meter found to be inaccurate or out of repair shall forwith be repaired or re- placed by accurate meters by the said grantee, his successors or assigns, without cost or expense to the said consumer; which cost and expense, including in- spection fees, shall be paid by said grantee, when such meter is found to be in excess of Two (2) per cent fast by such inspector; Provided, the grantee, his successors and assigns, shall be given at least twenty-four (24) hours' notice of the time and place of such inspection and an opportunity to be present at such inspection, and after the service of notice the seal of such meter shall not be broken by either party prior to the time of such inspection. (~9, Ord. 1566, 7-27-1910). 22-117. Police protection. The grantee, being en- gaged in public service, the City of Salina, hereby agrees to extend its police protection to him, his successors and assigns, in the preservation of his electric lines, gas mains and other property from unlawful disturbance, and the said grantee, his suc- cessors and assigns, shall, and does hereby agree to protect and save the said City harmless against all damages that may arise from the negligence of said grantee or his agents, servants, successors or as- signs, in erecting, operating, constructing and main- taining said electric and gas works. (~1l, Ord. 1566, 7-27-1910). . 22-118. Extension of mains and electric lines. The grantee herein, his successors and assigns, may be required by resolution of the City Council to ex- tend its existing gas mains not to exceed seventy- five (75) feet for each private consumer of gag under yearly contract, and in. the same manner to extend its existing electric lines of each class of service not to exceed one hundred and fifty (150) feet for each private consumer of electric current under yearly contract. (~14, Ord. 1566, 7-27-1910). 22-119. Forfeiture; conditions. In case the said Thomas H. Smith, his successors and assigns, shall fail to construct, maintain and operate in the City of Salina or cauSe to be operated, an electric and gas plant sufficient to meet and accommodate the requirements of this ordinance, or shall fail to sub- stantially comply with any of the conditions herein, (he City of Salina shall have the right, by ordinance duly passed therefor to forfeit all the rights and privileges herein granted to said grantee, his suc- cessors and assigns; Provided, that the City of Salina shall give to the said Thomas H. Smith, his successors and assigns, ninety (90) days' notice in writing, specifying the conditions claimed to be vio- lated before passing any such ordinance of forfeit- ure, which notice shall be signed by the City Clerk, under the seal of the City; Provided further, that if the said Thomas H. Smith, his successors and assigns, shall, within ninety (90) days after receiv- ing such notice, fully comply with the conditions of this ordinance, then the said City shall not have the right to forfeit this franchise on account of the vio- lation or violations specified in said notice. (~15, Ord. 1566, 7-27-1910). 22-120. Grantee file acceptance. Said Thomas H. Smith, his successors and assigns, shall, within thirty days after the passage and approval of this ordi- nance, file with the City Clerk his acceptance in writing of all the terms, conditions and stipulations hereof, which said acceptance shall be recorded by the City Clerk in the Ordinance Book of said City; and Provided, before the contract expressed in this ordinance shall become effective, the said Thomas H. Smith, his successors or assigns, shall, within ninety days after his acceptance of this ordinance, cause to be filed with the City Clerk, a release in writing and in proper form, releasing the City of Salina from any and all obligations created under Ordinance Number 1218 of the City of Salina, and upon the filing of said release, said Ordinance Num- ber 1218 shall thereby and thereupon stand repealed. (~16, Ord. 1566, 7-27-1910). 22.121. Take effect. This ordinance shall take effect and be in force from and after its publica- tion for twenty days as required by the Statute of the State of Kansas; Provided, the grantee shall 231 232 PUBLIC UTILITIES FRANCHISES.-Electric Light, Power & Gas. .Ch. 22, Art. 1 pay the costs of publication of this ordinance within the. Salina Light, Power and Gas Company by a thirty days from the date of the passage and ap- written assignment dated November 22nd, 1910, and proval of the same. ~17, Ord. 1566, 7-27-1910. (This filed on said date in the office of the City Clerk. Ordinance was published for 20 days, commencing I Consent to such an assignment was granted and July 28th, 1910, in The Salina Evening Journal). said assignment ratified by the City Council by reso- lution adopted on February 20th, 19'11, which reso- lution is spread at large on the records of the min- utes of the meeting of the Council on that date. Such franchise was thereafter assigned to The Salina Light, Power and Gas Company to The United Power and Light Corporation (of Kansas). There- after such franchise was assigned by The United Power and Light Corporation to the Kansas Pipe- 22-123. Assignment to Salina Light, Power and line and Gas Company. Consent to such assignment Gas Company; Assignment to Kansas Pipeline and being granted by the Board of Commissioners of Gas Company. (The franchise granted by Ordinance I the City of Salina by Ordinance Number 4096, passed Number 1566 was assigned by Thomas H. Smith to I August 10, 1931.) (See ~22-304). 22-122. Acceptance of Ordinance No. 1566. (Ac- ceptance in writing of Ordinance No. 1566, by Thomas Smith, duly acknowledged before a notary public on August 20th, 1910, was received and filed by the City Clerk on August 25th, 1910, and is recorded in Ordinance Book No.7 at page 241.) f nj' 4 I (published in the SaLina Journal June 25, 1940) . ORDINANCE NO. 4975 AN ORnINANCE granting to The Kansas power and Light Company, a Kansas corporation, its successors and assigns, the right to occupy and use~the streets, avenues, alleys, bridges, parks, parkings and other public places in the city of salina, Kansas, for the purpose of selling and distributing electrical energy to the City of Salina, Kansas., and its inhabitants and through said City and beyond the limits thereof, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof. BE IT ORDAI~~D by the Board of COlrunissioners of the City of Salina, Kansas: Section 1. That in consideration of the benefits to be derived by the City of Salina, Kansas, and its inhabitants, there is hereby granted to The Kansas power and Light Company, a Kansas corporation, herei::1after sometimes desiGnated as CO;llpany, the right, privilege and authority, for a period of ten years, to occupy and use the several streets, avenues, alleys, bridges, iarks, parkings and public places of said city for the placing and maintaining of equipment and property necessary to carryon the business of selling and distributing electricity for all purposes, to the City of Salina, Kansas, and its inhabitants, and through said City and beyond the liJf1.its thereof; to obtain said electric energy from any source available, and to do all things nec- essary or proper to carryon said business in the City of Sal"ina, Kansas. section 2. In lieu of any special tax, assessment, license or rentBJ: charge by the City during the tems of this right, and as a further consideration for this right, the CO"lpany, its successors or assigns, shall pay annually on July 1st to the City of Salina, Kansa.s, the sum of $5000.00 Section 3. That the COlLpany, its successors and assi&ns. in the cons~ruction, maintenance and operation of its electric transmission, distribution and street lighting system, shall use all reasonable and proper preca.ution 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, i~jury and expense caused by the sole negligence of said Company, its s11ccessors or assigns, or its or their agents or servants~ Section 4. That within thirty (30) days froirr and after the passage and approval of this ordinance, said Company shall file with the City Clerk of said City of salina, Kansas, its unconditioned written acceptanoe of this ordinance. . Section 5. Any and all ordinances in conflict with the terms hereof are liereby repealed. I . j3J.- ' ~L- Section 6. That this ordinance shall beCOllle effective and be in fOrCe and-:3hall be and become a binding contract between the parties hereto. their successors and assigns. from and after its passage. approval and publication as required by law and its accept~ce as a00ve provided. Introduced. April 1st. 1940 Passed. June 24. 1940 w. H. Ferm -Acting Mayor Attest: Chas. E. Banker City-crea- . . . Ch~ 22, - Art. 2 PUBLIC UTILITIES, FRANCHISE8.-Natural Gas. ARTICLE 2.-Natural Gas; Franchise to The Kansas . Pipeline and. Gas Company. 22.201. Franchise to Kansas Pipeline and Gas Company; Natural Gas. That in consideration of the benefits to be derived from the operation of a gas distribution system in the City of Salma, Kan- sas,Ly said City and its inhabitants, and of the further agreements to be kept and performed, and the payments to be made by the grantee, as here- inafter provided for, there is hereby granted to 'I'he Kansas Pipe Line and Gas Company, a corporation, duly incorporated under the laws of the State of Kansas, now and heretofor'e operating a system of pipe lines for the conveyance of natural gas be- tween certain places in the State of Kansas (herein- after sometimes designated as "grantee"), its suc- cessors and aSSIgns, the right, permIssion and author. ity to acquh'e, lay, install, reconstruct, extend, maintain and operate a gas transmission and dIstri- bution system within the limits of said City, as the same now exists or be hereafter extended for a period of Eighteen (18) years from and after the date this ordmance becomes etiective; and 101' this purpose, there is hereby further granted to said grantee, the nght, permission and authority during said period to acquire, lay, install, reconstruct, ex- tend, maintain and operate in, upon, over, across and along all of the streets, avenues, alleys, bridges and publIc places of said city, all mains, services, pipes, conduits and appliances necessary or conveni- ent ior transmitting, distributing and supplying 01 gas to said city and its inhabitants for heating, in- dustrial, power and other purposes for which gas may be used during the term hereof, and for the purpose of transmitting such gas into, through or oeyond the immediate limits of said City. (!iI, Ord. 4111, 10-5-31). 22.202. Construction of Mains. That all mains, services and pipes 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 structures already installed, and excavations for all such mains, services and pipes shall be subject to the approval of the Board of Commissioners of said City, or subject to the ap- proval of such representatives of said City as said City may from time to time provide. Grantee shall in the doing of any work in con- nection with its said mains, pipes and services avoid, so far as may be practicable, interfering with the use of any street, alley or other highway, and all such work shall be done in accordance with such reason- able rules and regulations relating thereto as the City may prescribe. by ordinance, and where the paving or surface of the street is disturbed, grantee shall, at its own expense and in a manner satis.- factory to the duly authorized representatives of the City, replace such paving or surface of the street or alley in as good condition as before said work was commenced, and with like material unless other- wise directed or consented to by said City. In the event, that at any time hereafter said City shall lawfully elect to change or alter the grade of any street, avenue, public ground or highway, the gran- tee will, upon being directed by resolution of the governing body of said City, so to do, relay its mains, or service pipes where the same shall be necessary by i'eason of said change of grade; the cost of relaying said mains or service pipes to be paid by the said grantee, its successors and assigns. (~2, Ord. 4111, 10-5-31). 22-203. Extension of Mains. That grantee shall make such reasonable extensions of its mains from time to time and shall install services to the curb line where mains are located in a street and to property line where mains are located in an alley, as may be required to furnish service to parties making application therefor located within the cor- porate limits of the City; provided, however, the grantee shall not be required to make any such ex- tensions of its mains for the purpose of serving any new consumer or consumers, which will require the installation of more than Seventy-Five (75) feet of mains for each consumer to be served thereby, nor where the estimated revenue to be derived from such service is not sufficient to show an adequate re- turn upon the investment required to serve such consumer or consumers. All extensions shall be made subject to legal rules and requirements as may be in force and applicable. (!i3, Ord. 4111, 10-5-31). 22-204. Rates. The rates to be charged for gas by grantee shall be such as are or may be prescribed by the regulatory governing body having jurisdic- tion thereof. Such rates shall apply only when bills are paid on or before ten days after the monthly billing date. When not so paid the gross rate, which is ten pel' cent higher than such rates, will apply, and unless said bill plus said ten per cent penalty is paid in full within fifteen days after the monthly billing date, the grantee may discontinue gas service until such bill is paid in full and a charge of $1.00 may be collected for reconnection. That grantee, its successors and assigns shall have the right to make such reasonable rules and regu- 2"" 0" Ch. 22, Art. 2 PUBLIC UTILITIES, FRANCHISES.-Natural Gas. 234 lations for the protection of its property, prevention of loss and waste in the conduct and management of its business, and for the sale and distribution of gas as may from time to time by it be deemed necessary including the requirements of a reason- able meter deposit to insure the collection of bills; and shall return any deposits so made upon the cessation of service, together with interest thereon at the rate of four percent, (4%) per annum, pro- vided, the customer has paid all sums due from him to the grantee, and in the event, upon the cessation of service, such sums are not paid, the same may be deducted from said meter deposit. Copies of all such rules and regulations shall be furnished to the City; provided, such rules and regulations shall be in conformity to those in force in other cities of similar size and character, and shall not be in con- travention to any of the provisions of this ordi- nance, or any other reasonable ordinance now in force or hereafter adopted by the City. (~4, Ord. 4111, 10-5-31). 22-205. Meters. That grantee shall furnish and install for its customers, reliable meters and shall keep the same in repair without cost to the cus- tomer; all meters used by grantee shall at all reason- able times be subject to inspection by the City, and the City shall have the right to test said meters at reasonable times; all meters shall be installed under ground or within the buildings or basements of the premises to be served. If any consumer shall desire a test of his meter, he shall deposit the sum of $1.00 with the City Clerk, and thereupon the grantee shall test said meter under the supervision of the City 01' its author- ized representative. If the test discloses the leter to be inaccurate to the extent of overcharging the customer more than two percent (2%) of his bill, said deposit shall be refunded to the customer and a similar sum shall be paid to the City by grantee. Gmntee shall also make refund and adjustment in accordance with the Rulings of the Public Service Commission of Kansas, or such other regulatory body having jurisdiction thereof. (~5, Ord. 4111, 10-5-31) . 22-206. Plat of Mains and Pipes. The said gran- tee, its successors and assigns, shall file a map or plat with the City Clerk of the City of Salina, showing the location and size of all gas mains and distributing pipes laid in the said City of Salina, and said map or plat shall be corrected from time to time, showing all additional mains and distribut- ing pipes laid. (~6, Ord. 4111, 10-5-31). 22-207. Change to Manufactured Gas; When. That in case the available supply of natural gas shall at any time fail or become insufficient to supply the needs of the public of said city, the grantee shall be authorized, upon its election, so to do, to change to manufactured gas service and to distribute and sell manufactured gas in and through its mains and services. Such change in service shall be made with the consent and approval of the governing body of the City, if required by law, and such reasonable rates may be established for manufactured gas as the city and grantee may agree upon; or as may be established by the regulatory body having jurisdic- tion thereof. (~7, Ord. 4111, 10-5-31). 22-208. Indemnification to City. That grantee shall be required and by the acceptance hereof, agrees to save harmless the City from and againsL all claims and demands and from all loss and ex- pense incurred as a result thereof, arising out of the laying, installing, removing, inspection or repair of any mains, pipes, services or appliances of grantee, or by the negligence of the grantee, or by reason of the negligent use and operation thereof, during the term of this ordinance. (~8, Ord. 4111, 10-5-31). 22-209. Pressure. The gas to be supplied to the City and its inhabitants under the terms hereof, shall be merchantable gas, and supplied to the con- sumers' meters at such reasonable pressure as may be prescribed by the regulatory body having juris- diction over said matter. Until and unless lawfully changed, the standard of pressure service shall be the same as now or here- after fixed by the Public Service Commission of the State of Kansas, pertaining to the pressure in a majority of the cities of Kansas being supplied by natural gas service. Natural gas containing 900 or more British Ther- mal Units per cubic foot and manufactured gas containing 550 or more Eritish Thermal Units per cubic foot shall be deemed to meet the above re- quirements. Grantee shall at once install at its own expense and thereafter maintain at the place desig- nated by the City, such devices and equipment as shall be necessary to test the pressure and quality of the gas and shall furnish free of charge the gas used in making such tests, and the City may make such tests thereof as its governing body shall deem necessary. Should the gas so tested be found at any time of lower pressure or heating value than above provided, then the price to the consumers for that month shall be proportionately reduced. (~9, Ord. 4111, 10-5-31). . . . Ch. 22, Art. 2 PUBLIC UTILITIES, FRANCHISES.-Natural Gas. 22-210. Forfeiture of Franchise; Notice. In the event of failure of the grantee to comply with this ordinance or any of its provisions, this franchise may be forfeited at the option of the City, and upon such forfeiture all rights hereunder shall cease and determine; provided, however, before such for- feiture shall become effective, the city shall serve a written notice by registered mail, addressed to the proper post office address, upon the grantee and the holder of any deed of trust or mortgage, as shown by the records of the office of the Regis- ter of Deeds, Saline County, Kansas; which notice shall advise the grantee 01' said mortgagee or trus- tee, wherein the grantee is in default, and if said default is corrected within thirty (30) days from the date of the mailing of such notice, then this franchise shall not be forfeited for the reasons set forth therein; otherwise, said forfeiture and said notice shall be in full force and effect. Provided, further that should said franchise be forfeited, the grantee, its successors or assigns, or the mortgage or any trustee under any deed of trust which is of record, shall have the term of six months in which to remove the pipes and pipe lines from the streets, avenues, alleys 01' other public grounds of said City; and during the removal of said property, said gran- tee shall not be obligated to distribute gas through said distribution system. Any person lawfully un- dertaking to remove said pipes or pipe lines under the provisions of this section, shall provide good and sufficient evidence that it will save the city harmless from any loss or damage occasioned by such removal; and that it will repair and replace all streets, avenues, alleys and easements in as good condition as they were before said removal; such removal shall be under supervision of the city. Provided, further that in the event the City prevents said persons from removing said pipes or pipe lines, the time herein provided for removal shall be extended for a period equal to that caused by the acts of the City. (~10, Ord. 4111, 10-5-31). tee within the 'City, it will be the duty of the pur- chaser of said distribution system to purchase gas on a competitive basis, in the event gas can be so purchased; and the price paid therefor by the holder of this franchise, shall be fair and reasonable, tak- ing into consideration the quantity of gas avail- able, the quality thereof and all other things which shall enter into proper and due consideration; and the holder of this franchise shall keep the city fully advised of all negotiations and terms of any con- tract for the purchase of gas and the consumma- tion thereof. (~12, Ord. 4111, 10-5-31). 22-213. Acceptance Required. That within thirty (30) days after the passage and approval of this ordinance, grantee shall prepare and file an un- conditional written acceptance of this ordinance with the clerk of said City. Failure of said grantee to so accept this ordinance within said period of time, shall be deemed a rejection thereof by said grantee, and the rights and privileges herein granted shall after the expiration of said period of thirty (30) days, if not so accepted, absolutely cease and determine, unless said period of time shall be ex- tended by further ordinance duly passed for that purpose. (~13, Ord. 4111, 10-5-31). 22-214. Provisions Binding on Successors. That all provisions of this ordinance which are obliga- tory upon or which inure to the benefit of said The Kansas Pipe Line and Gas Company, shall also be obligatory upon and shall inure to the benefit of all successors and assigns of said The Kansas Pipe Line and Gas Company; and the word "grantee" whenever used in this ordinance shall include and be taken to mean not only The Kansas Pipe Line and Gas Company, but all successors and assigns of said The Kansas Pipe Line and Gas Com- pany. (~14, Ord. 4111, 10-5-31). 22-215. Compensation to City. As a further con- sideration of and as compensation for the franchise hereby granted, and in lieu of all occupation and license taxes, the grantee shall pay to the City the sum of Two Thousand Dollars ($2,000.00) per an- num, payable on the 1st day of July of each year for the first eight years of the term granted here- under; except the payment for the current year shall be payable within ten (10) days after this ordinance becomes effective; and shall pay to the City for the remaning term of the franchise granted hereunder, the sum of one per cent (1%) of its gross receipts for each year for said remaining term, 22-212. Sale of System; Requirements. In the which payment shall be made on or before June case of sale of the distribution system of the gran- I 30th and December 31st of each year; and the gran- 22.211. City; Option to Purchase. The City shall have the right and option to purchase the gas dis- tribution system and property of the grantee, lo- cated within the City, upon the expiration of eight (8) years from the date this ordinance becomes ef- fective, and upon the expiration of each five (5) year period thereafter during the term of this fran- chise, in the manner provided by law at the time of said election to purchase. (~11, Ord. 4111, 10- 5-31). ~35 Ch.22, Art. 2 236 PUBLIC UTILITIES, FRANCHISES.-Natural Gas. tee shall render to the City at the ,time of pay- ment, a statement of the gross receipts for the preceding six months, which statement shall be verified under oath. In the event the City so de- sires, it may at all reasonable times, examine the books of the Company for the purpose of ascer- taining the correctness of the statement of gross receipts submitted by the grantee. Any sums accepted by the City by virtue of this section, shall not preclude the City from making claim and collecting any additional sums which may be due in the event said amount so paid is incor- rect. (~15, Ord. 4111, 10-5-31). 22-216. Revocation Conflicting Ordinances. All provisions of any other ordinance or amendments thereto now in force, granting to any persons, firms or corporations, the right and privilege to distribute gas in the City of Salina, are hereby repealed and revoked; and the ~rantee hereof. shall obtain from the' holder of such right its agreement to the can- cellation of said right. (~16, Ord. 4111, 10-5-31). 22.217. Effective Date. That this ordinance shall become effective and be in force and shall consti- tute a binding contract between the parties hereto, their successors and assigns, from and after the expiration of sixty (60) days after its final passage and after its due publication, as required by law, and after its acceptance as herein provided. (~17, Ord. 4111, 10-5-31). 22-218. Statutory Authority. This franchise is granted under and in conformity with the provisions of Section 13-2801, Revised Statutes of Kansas, 1923, relating to the granting of franchises by Cities of the First Class, having a Commission form of Gov- ernment. (~18, Ord. 4111, 10-5-31). _..._,._-_._._--,._-_.._--~-------"-'-'-'-~ . . . Ch. 22, Art. 3 PUBLIC UTILITIES FRANCHISES.-Street Lighting. ARTICLE 3.-Street Lighting; United Power and by said City, and shall be paid for such as herein- Light Corporation. after set- forth. 22-301. Proposal of Provisions and Rates; Accep- tance. That the proposal of The United Power and Light Corporation submitted to the City of Salina, Kansas, under date of September 21st, 1926, for furnishing to the City of Salina, electric current to be used for street lighting on streets and other public grounds located within said city and for the installation, maintenance and operation of street and other lights. White Way systems, etc., in accord- ance with the provisions and upon the rates and conditions therein stated, be accepted by the City of Salina, such proposal being in words and fig- ures as follows, to-wit: PROPOSAL To the Board of Commissioners, City of Salina, Kansas: The United Power and Light Corporation, here- inafter referred to as the "Company", hereby sub- mits to the City of Salina, hereinafter referred to as the "City", the following proposal, for furnish- ing to said City of Salina electric current to be used for street lighting on streets located within the City limits of said City and for the installa- tion, maintenance and operation of street and other lights, White Way systems, etc., in accordance with the following provisions and upon the rates and conditions following (this proposal to become a con- tract between the Company and the City upon its acceptance by ordinance duly adopted by the Board of Commissioners of said City, within 30 days from the date of this proposal, to-wit: 1. The Company agrees to sell to the City, and the City by its acceptance of this proposal, agrees to buy from the Company, electric current to be used for street lighting on streets located within the limits of said city, at the rates and under the provisions hereinafter specified. 2. The Company shall operate and maintain in said City the present White Way and street light- ing system as the same is now installed upon cer- tain streets in said city. 3. The City shall have the right to order in additional White Way posts or street or other lights at any time, at such location, and of such types of construction and illumination (within the limits herein provided for), as may be specified by the City, and the Company shall construct, install, main- tain and operate such White Way posts and lights thereon, and other lights, as may be ordered in 4. That said City whenever it orders in White Way posts or street or other lights as hereinafter provided, shall specify the number, location and type thereof, and whether any such White Way posts shall be of the five, three or one light type, and the Company shall construct, install, operate and maintain such lights and posts as the City may order, and any order provided for in this pro- posal shall be made in the form of a resolution adopted by the Board of Commissioners of said City, a copy of which shall be furnished to the Company as evidence of such order. 5. That for all suspension pendant type 400 C. P. lights now installed, operated and maintained by the Company, said City shall pay to the Company the sum of $39.00 each per year for the 180 lights now so installed, maintained and operated by the Company, and for each such additional light, (to be of the center suspension or mast arm type at the option of the City) hereafter so installed, operated and maintained by the Company, on order of the City, the price per light shall be the same; provided however, that 750 feet shall be the maximum dis- tance which said Company shall be required to ex- tend its wires for any single light. (These lights to be all night burning; system of distribution to be overhead construction.) 6. That for all suspension bracket type 60 C. P. lights now installed, operated and maintained by the Company said City shall pay to the Company the sum of $15.00 each per year for the 125 lights now so installed, maintained and operated by said Company, and for each such additional light here- after so installed, operated and maintained by the Company, on order of the City, the price shall be the same; provided, however, that 300 feet shall be the maximum distance that the Company shall be required to extend its wires for any such single light. (These lights to be all night burning; system of distribution overhead construction.) 7. If any light ordered in under the two pre- ceding paragraphs requires an extension of wires to a greater distance than 750 feet or 300 feet, as the case may be the City shall pay the Company the cost of such extension in excess of such 750 feet or 300 feet, as the case may be, but if a light or lights be subsequently ordered in on said line by the City so that the distance between the lights is reduced to 750 feet or less in case of 400 C. P. lights, or 300 feet or less in the case of 60 C. P. lights, then the Company shall refund to the City 237 238 PUBLIC UTILITIES FRANCHISES.~Street Lighting. Ch. 22, Art. 3 the amount previously paid by it for such extension. I burning until midnight and one 100 watt Mazda 8. That for all sinile light White Way posts, lamp burning all night, now installed, operated and ornamental type, bearin~ one 250 candle power maintained by the Company, the City shall pay to Mazda lamp, now installed, operated and maintained the Company the sum of $27.00 each per year for by the Company, the City agrees to pay to the the 38 lights now so maintained and operated by Company $27.00 each per year for the 46 lights said Company and for each such additional three now so maintained and operated by the Company, light White Way ornamental post hereinafter so in- and for each such additional White Way post here- stalled, operated and maintained by the Company, after so installed, operated and maintained by the on order of the City, the price per White Way Company, on order of the City, the price shall be post shall be the same; provided, however, that the the same; provided, however, that the installation installation costs for such posts hereafter installed cost for such posts shall not exceed the average of shall not exceed the average of $90.00 per post for $90.00 per post for all such posts so installed at all such posts so installed at anyone time. (Under- anyone time; provided further that if on any White ground distribution system.) Way project concerning which resolutions have at this time been passed by the Board of Commis- sioners of the City, proceedings are taken by the City within 30 days from the date its acceptance of this proposal becomes effective, to provide for the completion of such projects, (such present pro- posed projects being commonly referred to as the East Iron, West Iron, South Santa Fe, North Sev- enth, West Ash and North Twelfth Street projects), by which the property owners along any such streets are to be taxed not to exceed 21c per front foot of abutting property therefor, then the Com- pany shall install the White Way posts and system along any such street or streets with no additional charge for such installation other than the 21c per front foot to be paid by such property owners, and providing further that there shall be no addi- tional charge paid by said City for the installation of any White Way posts or system in the addition known as Country Club Heights, as now platted. (These lights to be all night burning; underground system of distribution.) 9. That for all single light White Way orna- mental posts now bearing one 300 watt Mazda lamp, now installed, operated and maintained by the Com- pany, which are to be changed by the Power Com- pany to 150 watt Mazda lamps, said City shall pay to the Company the sum of $24.00 each per year for the 6 lights now so maintained and operated by the Company, and for each additional White Way post bearing one 150 watt Mazda lamp here- after so installed, maintained and operated, on order of the City, the price per light shall be the same; provided, however, that the installation costs for such posts shall not exceed the average of $75.00 per post for all such posts so installed at anyone time. (These lights to be all night burning; under- ground system of distribution.) 10. That for all three light White Way orna- mental posts bearing two 60 watt Mazda lamps 11. That for all five light White Way ornamen- tal posts bearing four 60 watt Mazda lamps burn- ing until midnight and one 100 watt Mazda lamp burning all night, now installed, operated and main- tained by the Company, the City shall pay to the Company the sum of $33.00 each per year for the sixty-five posts now so maintained and operated by the Company, and for each such additional five light White Way post, hereafter so installed, oper- ated and maintained by the Company, on order of the City, the price per White Way post shall be the same; provided, however, that the installation cost for such posts shall not exceed the average of $100.00 per post for all such posts so installed at anyone time. (Underground distribution system.) 12. That for all single light intersection traf- fic guides having one 60 watt Mazda lamp burning all night, now installed and maintained by the City and operated by the Company, the City shall pay to the Company the sum of $9.00 each per year for the eight lights now so operated, and for each additional traffic guide bearing one 60 watt Mazda lamp burning all night hereafter installed and main- tained by the City and operated by the Company, on order of the City, the price shall be the same. 13. That for all single light brackets bearing one 60 watt Mazda lamp burning all night now installed and maintained by the City and operated by the Company, the City shall pay to the Company the sum of $9.00 each per year for the four lights now so operated at Santa Fe and Claflin and for each additional one light bracket bearing one 60 watt Mazda lamp burning all night, hereafter installed and maintain~d by the City and operated by the Company, on order of the City, the price shall be the same. (Distribution system underground.) 14. That for all single light, 60 watt Mazda lamps, all night burning, at the entrance to parks, school grounds, and public buildings, now installed . Ch. 22, Art. 3 PUBLIC UTILITIES FRANCHISES.-Street Lighting. . and maintained QY the City or by the authorities in eharge of any such school or park, and op~rated by the Company the sum of $9.00 each per year for six of the twelve lights now so operated, and six of such lights now so operated at the entrance to Oakdale Park, shall be operated by the Company without charge to the City, and for each such addi- tional one light 60 watt Mazda lam!>, all night burn- ing, hereafter installed and maintained by the City or by the authorities in charge of any such school or park and so operated by the Company, on order of the City, the price shall be $9.00 each per year. (Distribution system underground.) 15. That for all single light ornamental posts bearing one 60 watt Mazda lamp burning all night, now installed and maintained by the City of Salina and oper-ated by the Company the City shall pay the Power Company the sum of $9.00 each per year for the two lights now so operated, and the price for each additional 60 watt light so installed, main- tained and operated shall be the same; and for ornamental posts bearing one 100 watt Mazda lamp burning all night installed, maintained and oper- ated as hereinabove stated, the City shall pay to the Company the sum of $12.00 each per year for all lights so operated. Eleven of such 100 watt lights now so operated in City Park to be operated by the Company without charge to the City. (Dis- tribution system underground.) (NOTE: Sub Section 7, of ~1, Ord. 4160 pro- vides "for 250 C. P. suspension type, all night burn- ing, $27.00 each.") 16. Any light or lights of any type now or here- after installed may by order of the City be dis- continued or be replaced with any other type of light or lights herein mentioned, and upon such discontinuance being ordered, all charges for the lights so discontinued, shall cease and the City shall be charged with the cost of operating any new light or lights at the rates herein provided for. 17. The number of lights or White Way posts now installed and operated, as stated in any of the foregoing paragraphs, are according to the repre- sentations of the Company, and if upon actual check it should be discovered that such number of lights now installed and in use, are less than the number so stated, the charge to the City shall be based only on the number now or hereafter in actual operation and use. . 18. If at any time during the term of this con- tract, natural gas should become available to the Company as fuel for producing electric current, a readjustment of the charges herein provided for may be made. 19. That all payments to be made by the City in accordance with the terms of this proposal shall be made in equal monthly payments proportioned as nearly as possible on the amount to be paid annually by the City to said Company. 20. That the prices or charges fixed in this pro- posal to be paid to the Company, shall be for a period of seven years from September 1st, 1926, from which date such charges shall become effective if this proposal is accepted by the City as herein provided for, and this contract shall remain in force after the expiration of such period until either party hereto shall have given notice in writing to the other of its intention to withdraw from the con- tract; provided that such notice shall be given at least 60 days prior to any indicated date of discon- tinuance. NOTE: Subsection 8, ~1, Ord. 4160 (5-31-32) provides: "8. That the term of said contract as provided for in Section 20 of said proposal shall be extended to November 3rd, 1939, and the charges as provided for in said contract, as hereinabove modified and all of the provisions of said contract except as modified hereby, shall be effective from and after Ma.y 1st, 1932 until the expiration of said contract as herein provided for, provided that it is undel'stood and agreed that whenever circumstances shall permit the charges herein provided for shall be further reduced." 21. That upon the acceptance of this proposal or within sixty days thereafter the City shall authorize the Company to install additional street lights or White Way posts, at specified locations on its streets and of a sufficient number at the above proposed rates so that the gross amount to be paid by the City to the Company thereafter will not be less per year than the gross amount paid by the City to the Company for street lights for the year preceding September 1st, 1926. 22. That the Company as an additional consider- ation for the acceptance of this proposal by the City, further proposes to make an allowance of $1,500.00 to the City on the yearly street light- ing bill during the first year of this contract. City to be given credit on each monthly bill at the rate of $125.00 per month until the City has received full credit for the $1,500.00 allowance. 23. This proposal shall become a contract be- tween the parties hereto upon its acceptance by the Board of Commissioners of the City of Salina by an ordinance duly enacted by the Board of Com- 239 240 PUBLIC UTlLI'rIES FRANCHISES.-Street Lighting. Ch. 22, Art. 3 missioners of said City and duly published accord- ing to law, authorizing the acceptance of such pro- posal and authorizing the Mayor and City Clerk to execute on behalf of the City, and duly attest, such acceptance in writing, and the contract so ef- fected, shall upon such acceptance inure to and be binding upon the successors and assigns of the re- spective parties hereto, but shall not be assigned by the Company without the consent of the City. No Modification 01' change in the provisions of said contract shall be binding upon either of said parties unless the same be in writing, duly accepted by the Company and the City, acting through their duly authorized officers or representatives. The cost of publishing the ordinance accepting this proposal or any ordinance modifying the same shall be paid by said Company. 24. This contract shall be construed and the rights, duties and obligations of each of said parties shall be determined according to the laws of the State of Kansas. In Witness Whereof, said The United Power and Light Corporation has caused this instrument to be executed in duplicate, by its duly authorized of- ficers or representatives, this 21st day of Septem- ber, 1926, and has caused the same to be submitted to the Board of Commissioners of the City of Salina, Kansas, for their acceptance on behalf of said City within thirty days from said date. THE UNITED POWER & LIGHT CORPORATION, By A. C. Brodine, Electrical Supt. H. D. Hayden, District Mgr. (~1, Ord. 3204, 10-4-26; Amd. ~1, Ord. 4160, 5-31-32) taking effect of this ordinance, the Mayor shall and he is hereby authorized and directed to execute in writing an acceptance of said proposal on behalf of said city, to be attested by the City Clerk under the seal of the city and to deliver said acceptance to said The United Power & Light Corporation. (92, Ord. 3294, 10-4-26). 22-303. Repeal of Conflicting Ordinances. That all other contracts or agreements of any kind here- tofore in effect between said city and said The United Power and Light Company or its predeces- sors, for furnishing street lights 01' lighting to said city, and all ordinances 01' parts of ordinances in conflict with the provisions of this ordinance, be and the same are hereby repealed. (~3, Ord. 3294, 10- 4-26). 22-304. Assignment to Kansas Pipe Line and Gas Co. That the City of Salina hereby consents to the assignment of the right to distribute and sell gas for light, heat, power and other purposes in the City of Salina, by the United Power and Light Corporation (of Kansas) to The Kansas Pipe Line and Gas Company, its successors and/or assigns; said right to distribute and sell gas for light, heat, power and other purposes in the City of Salina being that right granted under the terms of a cer- tain franchise granted to one, Thomas H. Smith, his successors and assigns, and thereafter assigned by the said Thomas H. Smith to The Salina Light, Power and Gas Company, and thereafter assigned by the Salina Light, Power and Gas Company to The United Power and Light Corporation (of Kan- sas). Nothing herein, however, shall be construed to enlarge any of the powers now held and enjoyed 22-302. Acceptance Deemed Contract. That the by The United Power and Light Corporation (of acceptance of said proposal as set forth in Section Kansas), and such assignee, its successors and/or 1 of this ordinance, as authorized by said section, assigns, shall be subject to all of the obligations, be and the same is hereby deemed to constitute a liabilities and requirements provided for in said contract between The United Power & Light Cor- original grant, so far as the same are applicable. poration and the City of Salina, and that upon the I (~1, Ord. 4096, 8-10-31). . Ch. 22, Art. 4 PUBLIC UTILITIES FRANCHISES.-Bus. ARTICLE 4.-Buss Transportation; Franchise to The Salina Transit Company. 22.401. Construction of Terms. Unless inconsis- tent with the context, the words, terms and phrases used in this ordinance, for the purpose of this ordinance, shall be defined and construed as follows: 1. The word "Grantee" shall include The Salina Transit Company, its successors, assigns and lessees. 2. The word "Person" shall include persons, part- nership, corporation, association and all other per- sons or combination of persons, either natural or artificial by whatever name he or they may be called. 3. The term "Street" or "Public Highway" shall include all public streets, avenues, boulevards, roads, alleys, parks, parkways, drives and all other public ways used for vehicular traffic in the City of Salina. 4. The word "Franchise" shall include all grants, rights, privileges or franchises granted by this ordinance. . 5. The term "Motor Bus" shall include all the vehicles in operation or put in operation under this franchise by the grantee with all the necessary ap- purtenances for the purpose of supplying and pro- viding passenger transportation accommodations and other purposes to the City of Salina and the in- habitants thereof and located within the City of Salina, Kansas. 6. The word "City" shall refer to the City of Salina, Kansas, the grantor herein. (~1, Ord. 4551, 7-9-35). 22-402. Grant. That under the terms and condi- tions set out in this ordinance, there by and is hereby granted to The Salina Transit Company, a corporation, organized under the laws of the State of Kansas, its successors, assigns and lessees (here- in called grantee) the right, privilege or franchise for a period of fifteen years from the date of the passage of this ordinance, to own, maintain and operate over, through, along, upon and across cer- tain streets and public highways in the City of Salina, Kansas, hereinafter designated, and such other streets as may be hereafter designated as herein provided for, a motor bus transportation business and industry for the purpose of supplying, furnishing and providing motor bus transportation accommodations to and from various parts of the said city, to said city and the inhabitants thereof. The streets and public highways over which said grantee may operate its motor busses and the schedule upon which the same shall be operated, . until changed, modified or extended as herein pro- vided for, are as follows, to-wit: 1. Santa Fe Avenue Line-(Wesleyan to St. Johns). Commencing at Santa Fe Avenue and Claf- lin Avenue; thence west to Ninth Street; thence north to Minneapolis A venue; thence each to Santa Fe Avenue; thence north to Elm Street; thence west to Ninth Street; thence north to Lincoln Avenue; thence east to Santa Fe Avenue; thence north to Otis Avenue; thence west to Ninth Street; thence south to Pacific Avenue; thence east to Santa Fe Avenue; thence south to Lincoln Avenue; thence west to Ninth Street; thence south to Elm Street; thence east to Santa Fe Avenue; thence south to Claflin Avenue; at intervals of Twenty minutes in each direction, from 6:40 A. M. to 11:00 P. M. 2. Iron Avenue Line. Commencing at Iron Avenue and IvIarymount Road; thence west on Iron Avenue to Eleventh Street; thence north to State Street; thence west to Thirteenth Street; thence north to Bishop Avenue; thence west to College Avenue; thence south to South Street; thence east to Twelfth Street; thence north to Il'on Avenue; thence east to Marymount Road; at intervals or thirty minutes in each direction, from 6:45 A. M. to 11:00 P. M. Provided, that such routes and schedules or any additional routes or schedules, or any modifications or changes therein, may at any time be changed or altered by ordinance duly passed by the City of Salina and the acceptance thereof by the Grantee; and provided further, that if any part of any such route, either original or as altered as herein pro- vided for, is obstructed or made impassible by rea- son of paving or other public improvements or other- wise, the governing body of the City may designate a temporary or alternate route for such busses dur- ing the continuance of such obstruction. (~2, Ord. 4551, 7-9-35). 22-403. Compensation. That in consideration of and as compensation for the franchise hereby granted, and in lieu of all occupation and license taxes, the grantee shall pay to the said city the sum of Fifty Dollars per year, said sum to be paid in two equal installments of $25.00 each, on the 1st day of January and on the 1st day of July of each year that said bus system is operated in said city, the first installment to be paid at the time operations are commenced. (~3, Ord. 4551, 7-9-35). 22-404. Indemnification. The grantee, its suc- cessors or assigns, by accepting this ordinance hereby agrees to hold the city harmless from any 241 242 PUBLIC UTILITIES FRANCHISES.-Bus. Ch. 22, Art. 4 and all claims, damages or suits for damages grow- ing out of or resulting from the operation of its motor busses in said city, and said grantee hereby agrees to indemnify and hold harmless the said city from any, every and all claims or suits for damages to persons or property and from every other claim which may arise on account of the operation and maintenance by said grantee of its bus transportation business under the terms of this franchise. (~4, Ord. 4551, 7-9-35). 22-405. Insurance. The grantee, its successors or assigns, by accepting this ordinance hereby agrees to carry public liability and property damage in- surance on all busses operated under this fran- chise, which shall be written by some reliable in- surance carrier or company and shall be what is known as Five Thousand ($5,000) Dollars and Ten Thousand ($10,000) Dollars limits, such policies and the conditions thereof to be approved by the gov- erning body of the city, and such policies to be deposited with the City Clerk of said city or to furnish a bond conditioned and with sureties to be approved by the governing body of the city, to protect the public and passengers on such busses against damages resulting from the negligent oper- ation of such busses, or to furnish such other form of protection and security as may be approved by the governing body of the city. (~5, Ord. 4551, 7-9-35). 22-406. Consideration. This franchise is given by the City of Salina, Kansas, for the purpose of obtaining for the inhabitants of said city adequate transportation accommodations in and about certain parts of said city, and in consideration that such transportation accommodations are supplied and fur- nished by the said grantee. The franchise given by this ordinance and oper- ation thereunder is subject to all and every traffic regulation now in force and effect or which may be put into force and effect by the governing body of said city, except such as may be specifically in conflict with any of the requirements of this ordi- nance, and such other reasonable regulations re- specting the operation of such busses as may be provided by said city by ordinance duly enacted for such purpose. (~6, Ord. 4551, 7-9-35). 22-407. Occupation. The grantee is hereby given permission, authority and the right to run and oper- ate busses along, on, upon or across such desig- nated streets, public highways and alleys in the City of Salina, Kansas, as may be reasonable and necessary for the benefit of the public. (~7, Ord. 4551, 7-9-36). 22-408. Operation; Forfeiture. The regulations as to the busses of the grantee and their operation and maintenance is as follows: 1. That at the commencement of operation under this franchise the grantee shall place in operation at least three new busses of a type to be approved by the governing body of said city and, within a reasonable time after the commencement of oper- ations under this ordinance, at least one bus, in good, serviceable and safe condition to be used as an emergency bus, and when necessary shall re- place any worn out or obsolete busses with busses of such kind and in such condition as may be ap- proved by the governing body of the city, and when necessary for proper service to the public shall place in service such additional busses of such kind and in such condition as may be approved by the governing body of said city, as may be necessary to properly serve the public needs (provided that such additional equipment may not be required by the city unless the probable income or returns from the operation of such additional busses will permit the grantee to continue to operate its entire system with a reasonable return upon its investment), and at all times during the life of this franchise all busses and equipment used by the grantee shall be modern, kept painted and in good repair, pro- vided with good and efficient lights and brakes which shall at all times be kept in proper working condition, and an alarm or gong, or both, and shall be mounted on pneumatic rubber tires, but if during the term of this franchise a tire is de- veloped superior to rubber, the grantee shall, with the consent of the City Commission or governing body of said city, have the right to adopt and use the same. 2. The busses shall be operated by gasoline or some other suitable motive power. 3. It shall be the duty of the grantee to keep its busses clean and sanitary, and comfortably heated during winter weather. 4. Busses shall be operated as to speed and in every other manner as provided by the traffic ordi- nances and regulations of said city, except where such ordinances and regulations are in conflict with the requirements and provisions of this ordinance or other ordinances hereafter adopted. 5. The city shall cause to be set aside as bus zones certain parts of streets along the route of said bus system for the accommodation of said . Ch. 22, Art. 4 PUBLIC UTILITIES FRANCHISl<':S.-Bus. 243 bU3ses in taking on and unloading passengers to be I of this franchise, furniSh such accommodations, established in the following manner: facilities and services under the provisions hereof. U th 'tt 1" ., th t th (~11, Ord. 4551, 7-9-35) pon e wrl en app lcatlOn of e gran ee e . City Commission shall within ten (10) days desig- nate and establish two bus zone;;; in each block, one zone to be e;;;tablished on each side of the street or public highway; said zones to be located at the ends of the block and adjacent to the side- walk and shall be of such length and size as will permit the bus to drive parallel with the curb for the purpose of taking on and discharging passen- gers, and the grantee shall keep such zones as may be so designated, properly marked at all times, and the governing body of the city may at any time designate such additional zones as may become necessary for the convenience of the public. If the grantee shall at any time fail, neglect or refuse to obey and comply with any of the pro- visions of this ordinance for a period of fifteen (15) days, unless prevented by strikes, riots, break- downs, or destruction of its property by inevitable accident, the act of God, or any act of the city in violation of the terms of this ordinance, or by injunction or other legal proceedings, then in ad- dition to the rights and remedies of the city now possessed by general law or otherwise, the grantee shall forfeit all rights, powers and privileges by this ordinance granted and confirmed and this ordi- nance shall be null and void. (~8, Ord. 4551, 7-9-35). . 22-409. Notice. Such forfeiture shall be by notice in writing duly served upon the grantee by the grantor specifying the cause or causes of the for- feiture and such forfeiture shall become effective ten days after the service of such notice unless within such time some court of competent juris- diction in an action brought for such purpose shall upon propel' cause shown therefor, enjoin or re- strain the city from enforcing such forfeiture. (~9, Ord. 4551, 7-9-35). 22-410. Rules and Regulations. The grantee shall have the right to make such reasonable rules and regulations for the protection of its property and for the prevention of loss and waste in the conduct or management of its business as may from time to time be deemed necessary. (~10, Ord. 4551, 7-9-35). 22-411. Purpose. It is hereby declared that the purpose of this grant is to obtain for the inhabitants of the City of Salina, Kansas, adequate transporta- tion accommodations and facilities, and this grant is made upon the express provision and agreement of the said grantee that it will, during the whole . 22.,U2. Terms Binding 011 Successors. All of the terms, conditions and provisions contained in this ordinance shall be binding on the successors, as- signs and lessees of the grantee, and all others acquiring any right, title or interest in or to this franchise; provided, that no right, franchise, privi- lege or grant, granted by this franchise shall be sold, assigned, transferred or sublet by the grantee herein, unless the consent of the governing body of the City of Salina is first obtained. (~12, Ord. 4551, 7-9-35). 22-413. Acceptance Required. That within fif- teen (15) days after the final passage and approval of this ordinance, the grantee shall file with the City Clerk of the City of Salina, Kansas, its ac- ceptance, in writing, of the provisions, terms and conditions of this ordinance. If said franchise is not accepted by said grantee within fifteen (15) days as provded herein, then this franchise shall terminate and be null and void; otherwise this franchise shall continue to remain in full force and effect for a period of fifteen years dating from the approval of this ordinance and its acceptance by the grantee. (~13, Ord. 4551, 7-9-35). 22-414. Rates. It is understood and agreed that the grantee shall commence furnishing said bus service within ten (10) days after the passage and acceptance of this ordinance and that the fare for one continuous trip from one extreme limit of any line to the extreme limit of the same or any other line of said bus system, including transfer from one line to another for each person, shall not ex- ceed five cents (5c) per passenger provided that the grantee shall issue books of twenty (20) tickets for ninety cents (90c) each ticket to be good for one continuous trip for one person as above pro- vided for and provided that any child less than six years of age accompanied by a person paying full fare shall be allowed to ride free, and that the fare for any child from six years to thirteen years of age both inclusive, shall be two and one-half cents; and provided that United States letter car- riers, while actually on duty in making deliveries or in returning to the Post Office after making deliveries, shall be allowed to ride free. The trans- fer privilege herein provided for shall not be deemed to include the right to transfer to a substantially parallel return route. In the event the grantee should desiree to increase such rates, it shall, be- PUBLIC UTILITIES FRANCHISES.-Bus. Ch. 22, Art. 4 244 fore increasing or attempting to increase such I rate so.fixed shall be .in such an amo,unt as ,to ,also rates, apply to the governing body of the grantor enable the grlimtee to pay 'its current' overhead' in- for authority to increase such rates. The govern- eluding labor and taxes and depreciation and to ing body shall, upon the filing of such application allow a 'fair and reasonable compensation for man- with it, for an increase of said rates, receive evi- agerial expenses incidental to the conduct of said dence as to the reasonableness of existing and pro- bus business of the said grantee. (~14, Ord. 4551, posed rates, and if it finds that the rate in effect 7-9-35). at the time of said application is inadequate then it shall grant such request for an increase of such 22-415. Amendments. This ordinance and any rates. Said new rate so fixed shall be in such an I of the terms, provisions or requirements hereof, or amount that the grantee will make a net return I of any amendment hereto, may be amended at any or not to exceed six (6) per cent per annum upon ,1 time by an ordinance duly adopted by the govern- the original cost of all its property and equipment, ing body of the City of Salina and accepted in writ- together with a fair and reasonable allowance for ing by the grantee. (~15, Ord. 4551, 7-9-35). depreciation of the same, provided however, that after a depreciation charge has been actually re- 22-416. Franchise Accepted. Written acceptance turned to said grantee the original cost of all of the foregoing franchise was filed in the office its property, on which it is entitled to receive said of the City Clerlt within fifteen days after the six (6) per cent per annum, shall be diminished to I passage and approval of said franchise ordinance the amount of said depreciation returned. Said new as required by Section 22-413. . Ch. 22, Art. 5 PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants. .2i5 ARTICLE 5.-Miscellaneous Franchises and Grants. I 22.505. Locatio!} of poles. Such posts sha~l be set; at points to be designated by the City Engineer and. upon the outer edge of all streets over which they shall run, and the wires thereon shall not be less than twenty (20) feet from the ground at any point. (~2, Ord. 1203, 10-19-1903). 22-506. Duration of franchise; conditions, 22-504 and 22-505. The rights and privileges herein granted shall exist and continue only so long as such poles and wires shall be used for the purposes herein ex- pressed and shall remain subject to all reasonable rules and regulations now 01' hereafter enacted by the Mayor and Council of said City. (S3, Ord. 1203, 10-19-1903) . 22-501. W. E. Whittaker; poles, etc. That per- mission be and the same iss hereby granted to W. E. Whittaker to erect, maintain and operate a line 01' lines of poles and wires for carrying an electric current from the buildings of the Kansas Ice & Storage Company in Walker's Addition to the City of Salina along and upon North Street, Front Street, Pine Street, Fourth Street and Elm Street to the alley between Santa Fe Avenue and Seventh Street, and south from Elm Street, along and upon Fifth Street, the alley between Fifth and Santa Fe A venue and the alley between Santa Fe Avenue and Seventh Street to Walnut, subject, how- ever, to all reasonable regulations and restrictions hereafter adopted by the Mayor and Councilmen or said City. (Sl, Ord. 989, 4-24-1899). . 22-502. Conditions governing Sec. 22-501. The poles and wires erected under the provisions of this ordinance shall be so placed as not to obstruct said streets and alleys and said wires shall not be placed nearer than three feet to the wires of the fire alarm system, or the telephone, telegraph or other electric wires. (~2, Ord. 989, 4-24-1899). 22-503. Additional grant to W. E. Whittaker. That permission be and is hereby granted to W. E. Whittaker and his assigns to construct, maintain and operate a line of poles and wire for carrying an electric current from a point on its lines of wire on Fourth Street over and along and upon Pine Street, west to the west side of Seventh Street, subject to all the conditions and restrictions set forth in Ordinance No. 989, ~22-502. (~1, Ord. 1011, 8-21-1899) . 22-504. Shellabarger Mill & Elevator Company; poles, etc. That The Shellabarger Mill & Elevator Company, its successors and assigns, shall have the right, subject to the conditions and restrictions here- inafter set forth, to erect and maintain poles or posts and carry thereon insulated wires for the pur- pose of carrying and transmitting electrical cur- rents, said poles to run from the mill ground of such grantee located west of Santa Fe Avenue and south of the right of way of the Union Pacific Rail- road, in the City of Salina, Kansas, thence east to and on Pacific Street to Fourth Street, thence south on said Fourth Street to the building known as the "D Elevator" belonging to said Shellabarger Mill & Elevator Co., located on said street between Ash Street and Iron Avenue. (~1, Ord. 1203, 10-19- 1903). . 22-507. John L. Bishop; drain or water pipe, etc. That John L. Bishop, his successors or assigns, shall have the right, subject to the conditions and restrictions hereinafter set forth, to lay a drain or water pipe, not exceeding eight inches in diameter, from a point on the east side of Fifth Street and at the southwest corner of the building known as the Kansas Ice & Storage plant, in the City of Salina, Kansas, southwest across Fifth Street to the east end of the alley running east and west between Santa Fe Avenue and Fifth Street, thence west on said alley to the alley running north and south between Fifth Street and Santa Fe Avenue, thence south down said last named alley to a point east of Lot 75 on Santa Fe Avenue. (~1, Ord. 1384, 8-19-1907) . 22-508. City Engineer designate location. That said pipe or drain shall be laid at such depth below the surface of the ground and at such locations in said street and alleys and follow such course as shall be designated by the City Engineer. (S2, Ord. 1384, 8-19-1907). 22-509. Excavation refilled, etc. The excavation caused by the laying of said pipe or drain shall be refilled at the cost of said John L. Bishop, and the street and alleys upon which such work is done shall be, when completed, left in as good condition as they now are, and to the satisfaction of the said City Engineer. (~3, Ord. 1384, 8-19-1907). 22-510. Rules and regulations of City to govern Sees. 22-507 to 22-510. The rights and privileges herein granted shall be and remain subject to all reasonable rules and regulations now existing or hereafter enacted by the Mayor and Council of said City. (~4, Ord. 1384, 8-19-1907). 22-511. Swift & Co.; Loading Dock; Sidewalk Subway. That Swith & Company, its successors and Ch. 22, Art. 6 246 PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants. assigns is hereby granted the right and privilege of erecting a loading dock commencing at the south- east corner of its building located on lot forty-seven (47) on Fifth Street in the City of Salina, thence south ten (10) feet, thence west parallel with the south side of said lot forty-seven (47), one hundred and twenty (120) feet, thence north ten (10) feet, thence east one hundred and twenty (120) feet, to the place of beginning, provided, that Swith & Com- pany, its successors and assigns shall immediately construct a subway to be used as a sidewalk, through and under said loading dock. Said sub- way shall be constructed according to the plans and specifications filed by Swift & Company with the City Clerk of the City of Salina, April 29, 1929. Said Swift & Company, its successors and as- signs, shall at all times keep said subway in good repair, properly lighted and in a sanitary and healthful condition. The right and privilege hereby granted shall extend for such length of time as said building located on lot forty-seven (47) on Fifth Street is used by Swith & Company, its suc- cessors and assigns for purposes requiring a load- ing dock, and provided said subway is maintained in the manner herein provided. (~1, Ord. 3704, 5-6-29). 22-512. Firestone Tire & Rubber Co.; Gasoline Pipeline. Subject to the conditions and regulations in this ordinance provided for, Firestone Tire & Rubber Company, its successors and assigns, is here- by granted permission to construct and maintain a gasoline pipeline for the transportation of gasoline from a point approximately 130 feet north of Iron Avenue and approximately 30 feet west of the west line of Fourth Street, according to the plat of the original town of Salina, thence in a southerly di- rection to a point in the north line of Iron Avenue approximately north of the west end of the Iron Avenue bridge across the Smoky Hill River; thence under and across Iron Avenue along a line under- neath the west end of the Iron A venue bridge to the south line of Iron Avenue; thence south across Lots 110, 112, 114, 116 and 118, and under that portion of Fourth Street, south of Iron Avenue, leased by the City of Salina for highway purposes from the Union Pacific Railroad, to a point in the west line of Fourth Street as the approximate cen- ter point of the east line of Lot 118 on Fourth Street according to the plat of the original town of Salina; thence in a southerly direction in and under Fourth Street to a point approximately 10 feet east of the southeast corner of Lot 120 on Fourth Street; thence south in and under Fourth Street along a line parallel with and approximately 10 feet, east of the west line of Fourth Street to a point approximately 10 feet east and 10 feet north of the southeast corner of Lot 134 on Fourth Street; thence southeasterly to a point approximately 19 feet east of the southeast corner of said Lot 134 on Fourth Street; thence south along a line parallel with and approximately 19 feet east of the east line of Fourth Street to a point approximately 14 feet south and 19 feet east of the southeast corner of Lot 138 on Fourth Street, such point being in the intersection of Fourth Street and Walnut Street in said city; thence west in and under Walnut Street along a line parallel with and approximately 14 feet south of the north line of Walnut Street to a point approximately 75 feet east of the east line of Fifth Street; thence in a southwesterly direction across and under Walnut Street, and the intersec- tion of Walnut Street and Fifth Street to a point in the east line of Lot 140 on Fifth Street. (~1, Ord. 4524, 3-25-35). 22-513. Construction Requirements. Said gaso- line pipeline shall be laid and constructed at a depth of at least 3 feet below the surface of the ground and below the surface of any pavement or any drive- way and where the same is laid under any pave- ment or driveway, shall be constructed of 2%-inch, wrouhgt iron metal pipe having a weight of not less than 5.8 pounds per lineal foot, and such pipe- line shall be constructed under the supervision of the City Engineer and in accordance with such specifications as to joints, methods of laying and such other specifications as the City Engineer may prescribe and shall not be used for the purpose of transporting gasoline therein until after the same has been approved in writing by the City Engineer. (~2, Ord. 4524, 3-25-35). 22-514. Same. Wherever along its course as herein prescribed, said pipeline shall be laid beneath any paving, sidewalks, or driveways and wherever the construction of such pipeline shall necessitate the removal and reconstruction of any portion of any pavement, sidewalk or driveway, such pave- ment, sidewalk and/or driveway shall be relaid and reconstructed by and under the supervision of the City Engineer, at the expense of the said Firestone Tire & Rubber Company, its succes- sors or assigns, and if at any time, the reconstruc- tion or maintenance of such pipeline, shall require the removal or reconstruction of any pavement, sidewalk or driveway, all of such work shall be done at the expense of said Firestone Tire & Rub- ber Company, its successors and assigns, and shall be done by and under the supervision of the City . Ch. 22., Art. 5 PUBLIC UTILITIES FRANCHISES.-Miscellaneous Grants. 217 Engineer of the City of Salina, and all of such work shall be done at any of such times in such manner as to restore any such pavement, sidewalk or drive- way to its existing condition prior to the removal or disturbance thereof. (~3, Ord. 4524, 3-25-35). . 22-515. Same. Said gasoline pipeline shall not be so constructed as to interfere with any exist- ing sewers, watermains, gas mains, or telephone or electric wires or conduits and if at any time in the future the said gasoline pipeline as so constructed shall interfere with the construction or reconstruc- tion of any sewers, water mains, gas mains or elec- tric light or telephone wires or conduits, said gaso- line pipeline shall be relaid or reconstl'ucted by said Firestonce Tire & Rubber Company, its successors and assigns, in such manner and along such course as to eliminate any such interference. (94, Ord. 4524, 3-25-35). 22-516. Same; Leakage. Said gasoline pipeline shall be so constructed and maintained by said Fire- stone Tire & Rubber Company, its successors and assigns as to prevent the leakage therefrom of any gasoline or gas vapor and shall at all times be so constructed and maintained that no danger there- from will result to the public or to any private per- sons or property and whenever any such dangerous - condition exists said Firestone Tire & Rubber Com- pany, its successors and assigns, shall make such repairs or shall take such action as may be required in the opinion of the City Engineer to eliminate such dangerous condition, and if it shall upon writ- ten notice by the City Engineer fail or refuse to do whatever may be necessary or required in any such respect, the City Engineer shall do whatever may be necessary to prevent or eliminate such danger- ous condition and shall charge the expense thereof to said Firestone Tire & Rubber Company, its suc- cessors and assigns. (s5, Ord. 4524, 3-25-35). 22-517. Guarantee of Compliance. Before the permission given by this ordinance for the construc- tion of such gasoline pipeline shall become effective and before any portion of any of the streets of the City of Salina shall be used for the construc- tion thereof, said Firestone Tire & Rubber Com- pany shall in writing guarantee that said company, its successors and assigns, will in the future comply with the provisions and requirements of this ordi- nance. (96, Ord. 4524, 3-25-35). 22-518. Written Guarantee Filed. The written guarantee required by Section 22-517 was filed in the office of the City Clerk before construction of said pipe line was commenced. . Ch. 22. Art. 6 PUBLIC UTILITIES FRANCHISES.-Miscellaneous Regulations. -----.--..-..-----.. _._--,---_._-~-- --.---- ._-~._.__._--_.~._-'--~_._-~ . ARTICLE 6.-,Miscellaneous Regulations. ~2-601. Tampering with electric. gall or water meters. wires or pipes; misdemeanor. Every person sho shall without authority turn on. unseal or open an electric, gas or water meter or service or in any way tamper with any electric wires, gas pipes and water pipes or meters owned by any individual. company or corporation supplying gas. electric cur- rent or water to the City of Salina or its inhabi- tants. or who shall attach thereto any contrivance. mechanism or device whatsoever. so as to prevent. or which may be designed or intended to prevent the whole quantity of gas, electric current or water supplied to any consumer at meter rates from pass- ing through and being measured by. the meter pro- vided for such purposes, and every consumer of gas. electric current or water at meter rates who shall knowingly permit the same to be done for his or her benefit. or for the benefit of any association, or corporation in which he. or she may have any interest shall be guilty of a misdemeanor. (~1. Ord. 2462, March 6, 1922; see also, ~15-144). 22-602. Using or taking gas. electric current or water not passing through meter; misdemeanor. Every consumer of gas. electric current or water at meter rates who shall. by means of any contrivance, mechanism or device whatsoever. knowingly take, or use any gas. electricity or water 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 misdemeanor. (~2, Ord. 2462, March 6. 1922; see 13-432. G. S. 1935). 22-603. Unlawful device on premises; prima facie evidence against consumer. Proof of the existence of any contrivance. mechanism or device which pre- vents, or which may be designed or intended to prevent the whole quantity of gas, electric current or water supplied 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. electricity or water 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, electric current or water as the case may be. without the same having wholly passed through and been meas- ured by a meter provided for such purpose. (~3, Ord. 2462, March 6. 1922). 22-604. Employees of company; enter premises for inspection. That the servants and employees of every company or corporation supplying gas, elec- tric current or water to the City of Salina or its . inhabitants shall have the right at all reasonable times to enter the premises of every consumer of gas, electric current or water at meter rates for the purpose of inspecting its wires, pipes and meter to ascertain whether or not the meters are correctly measuring the whole quantity of gas, electric cur- rent or water supplied to such consumer and R denial of such right of inspection during reasonable hours by any consumer at meter rates, shall be prima facie evidence that such consumer is taking and using gas, electric current or water as the case may be. without the whole quantity thereof passing' through and being measured by a meter provided for that purpose. (~4, Ord. 2462, March 6, 1922). 22.605. Violation of Sees. 22-601. 22-602 and 22- 603. penalty; complj,ny not bound to furnish gas. electricity or water. Every person who shall know- ingly or intentionally violate Section One (1). Two (2) or Three (3) of this Ordinance shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not to exceed fifty dollars ($50.00). and in addition thereto the individual, company or corporation, so supplying gas. electrical current or water shall not be thereafter bound to furnish either gas. electrical current or water to the person so convicted of fraudulently taking or using either gas. electric current or water. (~5. Ord. 2462, March 6. 1922) . 22-606. Painting of poles required. That 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, street car. and other poles now standing or here- after placed in any parking, curb or street of the City of Salina and used in any way by the public service companies or corporations doing business in said City, to paint such poles, to the satisfaction of the Street and Alley Committee. (~1. Ord. 1482. April 19. 1909; see 13-433, G. S. 1935). 22-607. Violation of Sec. 22-606; penalty. Any person, firm. company or corporation failing or re- fusing to comply with the provisions of this ordi- nance, within ninety (90) days after the publica- tion of this ordinance, shall be deemed guilty of a misdemeanor and be punished by a fine not exceed- ing one hundred dollars. (~2. Ord. 1482. April 19, 1909). 22-608. Poles in certain district prohibited. That from and after the passage of this ordinance, it shall be unlawful for any person, company or cor- poration to set or erect any telegraph or telephone poles or pole line in any street, avenue or alley 2"10 250 PUBLIC U'fILITIES FRANCHISES.-Miscellaneous Regulations. Ch. 22, Art. 6 in the City of Sali~a, Kansas, 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. (~1, Ord. 1532, Jan. 6, 1910). 22-609. Wires underground; exceptions. All tele- graph and telephone lines constructed after the adoption of this ordinance, along or across any street, avenue or alley in the territory described in Section One of this ordinance, shall be placed under ground and in compliance with directions of the City Engineer of the said City of Salina; Pro- vided, that this section shall not be construed to prevent additional cables and lines being placed on telegraph or telephone poles in use prior to Janu- ary 1st, 1910. (~2, Ord. 1532, Jan. 6, 1910; see Sec. 13-433, G. S. 1935). Santa Fe Ayenue between Ash and Walnut Streets and on Iron Avenue between Fifth and Seventh Streets, in the City of Salina, and all hitching posts and posts sustaining signs across sidewalks and all sidewalks or curb signs, within the limits of said streets above defined, be removed therefrom within sixty (60) days from the passage of this ordinance, (~1, Ord. 1721, July 24th, 1913; see 13-433, G. S. 1935) . 22-612. Removal of same by City. That in all cases where the owners of such poles and posts re- quired by Section One hereof to be removed fails or refuses to remove the same within the time above specified, the Street Commissioner of the City of Salina is hereby directed to remove the same and report the expense thereof to the Council. (~2, Ord. 1721, July 24th, 1913). 22-613. Trees; light and telephone companies to trim; supervision. That where trees and branches 22-610. Violation of Sees. 22-608 and 22-609; extending over the streets, avenues and alleys of penalty. Any person, company or corporation set- , I I" bl' th t t the City of Salina obstruct and prevent the proper tmg po es or p acmg wIres or ca es m e s ree s, , , , . II f th C't ' 'I t" f th' constructIOn and operatIOn of electrIC lIght, power ave,nues or a eys 0 e I ,y m VIO a ,IOn 0 IS and telephone lines, such trees or branches may be ordmance shall be deemed guIlty of a mIsdemeanor, I t d t ' d b th t' h ' . " cu an nmme y e company opera mg suc and upon conVIctIOn thereof In the PolIce Court shall I' ff" t t "t th t t' b ' h d b f" . t d" mes su IClen 0 perml e proper cons ruc Ion e pums e y a me m any sum no excee mg " , '" h f'f d II f h ff (113 0 d 1532 J and operatIOn of such Imes, such trlmmmg, ow- I ty 0 ars or eac 0 ense. ll, r. , an. b d d h d' t" d ' . 6 1910' see 13-433 G. S. 1935). ever, to e one un ,er, t e Irec ~on ~n sup~rvlslon '" of the Street CommISSIOner of saId CIty and m such 22-611. Poles removed from Santa Fe and Iron manner as not to unnecessarily injure or impair the Avenues. It is hereby ordered that all telegraph, life and appearance of such trees. (~1, Ord. 1573, telephone and electric light poles now being on Aug. 15, 1910). .-.-.---.-----"'-...--.,.----- ;z. [0 ..,. I . (Published in the Salina Journal May 3rd 1941) ORDINANCE NO. 4997 AN ORDINANCE defining the manner and place of construction of the lines of the Southwestern Bell Telephone Company and prescribing the terms and conditions under which said lines shall be constructed, recon- structed and maintained, and providing for compensation to be paid the City of Salina. Kansas, by the Southwestern Bell Telephone Co..pany. BE IT ORDAIlffiD by the Board of Commissioners of the City of Salina. Kansas. . Section 1. The Southwestern Bell Telephone Conpany. its successors 8...'1d assigns (herein referred to as "Telephone Company") shall for the period of time and subject to the provisions and requirements herein set forth, continue to operate its telephone 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 Contpany in said city shall remain 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 busi- ness. and said Telephone Company shall continue to exercise its right to place. remove 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, on, over, through, above and under all the public streets, avenues, alleys, bridges. and public grounds and places within the limits of said city as the same from time to time may be established, subject to such regulations, limitations and conditions as the city n~y prescribe by ordinance as or may be set forth herein. Section 2. That said telephone plant shall be constructed, main- tained and built in such a manner as not to discommode or injure the traveling public, or other persons, or property. and shall be constructed, reconstructed, operated and maintained in such a manner as to comply with the rules and regulations prescribed by the governing body of the city or by the Corporation COIDrrlission of the State of Kansas insofar as such com- mission has jurisdiction. . Section 3. In the event the surface of any street. alley, highway or public place is disturbed by the Telephone Con~any in bUilding, con- structing, renewing or maintaining its telephone plant and system, the Telephone Company shall restore said streets, alleys. highways or public places Xx to their original condition in a reasonable time after the comple- tion of the work. and upon the acceptance of said work to the satisfaction of the proper city officials the maintenance of said streets shall become the duty of the city. }~ street, alley. high~my or public place shall be 2 Jt, -; - . encumbered for a longer period than shall be necessary to execute the work, and the Telephone Co~pany shall and it does agree to protect and save harmless the city from all damages or claim~ for damages or liability arising out of the perforn~nce of any such work or the negligence or clabned negligence of the Telephone Company or its agents, servants, or employees. Section 4. The Telephone Company shall maintain its system in reasonable operating condition at all norr,1e.l times during the contirluance of this ordinance. An exception to this condition is automaticallJr in effect when service furnished by the Telephone Company is interrupted, impaired, or prevented by fires, strikes, riots or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of t'l'hich events the Telephone COl!'pany shall do all things reasonably within its power to do, to restore normal service. . Section 5. The Telephone CorLpany on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures, provided such house or structure in being moved in compliance with all ordinances and regulations relating to moving of houses or structures in such city and a permit for such moving has been issued by the city. The expense of such temporary re- moval, raising or lowering of wires shall be paid by the party of parties requesting the same, and the Telephone Coli.pany may require such payment in advance. The felephone Company shall be given not less than forty- eight hours advance notice to arrange for such temporary wire changes. Section 6. The right, license, privilege and permission is hereby granted to the Telephone Company to trim trees upon and overhanging the streets, alleys, sidevmlks and public places of the said city, so as to prevent the branches of such trees from coming in contact with the vrires and/or cables of the Telephone Company, all of such trimming to be done subject to all of the provisions of law or ordinances relating to trees and under the supervision and direction of the governing body of said city, or of any city official to whom said duties have been or may be detegated. Section 7. Nothing in this ordinance contained shall be construed to require ~ermit any electric light or power wire attachments by the city or for the city. If light and/or power attachments are desired by the city or for the city, then a further separate noncontingent agree- ment shall be a prerequisite to such attachments. Nothing herein contained shall obligate or restrict the Telephone Company in exercising its right to voluntarily enter into pole attachment, pole usage, joint ovvnership, and other wire space and facilities agreements with light and power con~ panies and with other wire using companies which may be privileged to operate within the city. . } ~-o-:- . Section 8. In consideration of the execution of this ordinance the Telephone Company shall pay to the city the sum of Fifteen Hundred and NO/IOO ($1500.00) Dollars on/or before fifteen days after the date this ordinance takes effect. and a like sum on the first day of January annually thereafter for a term of five years from and after January 1. 1941. and for successive periods of like duration. unless terminated wi thin the time and in the man...'1er provided in Section 10 of this ordinance; said payments to be in lieu of all other licenses. charges. or fees of any kind which might be imposed by the city under authority conferred by law. other than the usual general or special ad valorem taxes and any special taxes or assessments dulJr levied for special improvements or other liabilities imposed or which may accrue under the terms of this ordinance. . Section 9. In addition to the consideration set forth in Section 8. the Telephone Company shall hold itself ready to furnish. subject to the use of the said city. such wire space as rr~y be required from time to time by said city upon the poles now owned or hereafter erected by the Telephone Company in the city for the use of the city police and fire alarm system; provided that the required vnre space shall not ex- ceed the wire capacity of one cross arm on anyone pole. The location on the poles of this fire and police wire space shall be deterrrLined on specific applications for space. at the time the applications are re- ceived from the city. and will be allotted in accordance vdth the con- siderations for electrical construction of the United States Department of Commerce. Bureau of Standards. In its wire construction on the Telephone Con~any poles. the city will follow the suggestions and require- ments laid dO'Vll for vdre construction in the Rules and Regulations of the Bureau of Standards of the United States Department of Cmmnerce. and such vdres shall further be constructed. maintained and operated in such manner as not to interfere vdth nor crea.te undue hazard in the operation of the telephone system of the Telephone Company. Section 10. The rights. licenses. privileges and permissions granted to and contracted for by the Telephone Company herein. shall be for a full term and period of five years from and after January 1. 1941. pro- vided that at the expiration of the initial and each successive period. such term shall be ended and automatically renewed forth~~th for suc- cessive periods of like duration. but conditioned. however. that if dur- ing the last four (4) months of the initial or of any Successive period. not less than sixty (60y days prior written notice shall be Given either to the Telephone Company by the city or to the city by the Telephone Con~any. setting forth the desire of the giver of said notice to terrr~nate this agreement. then in such case the rights of the Telephone Company and the city shall at the expiration of the then current period remain the same as prior to the execution of this instrument. and this ordinance. or the acceptance thereof. shall at no tirne constitute a waiver by the Telephone Company of any rights previously conferred by or obtained from any source other than the city. . Section 11. Nothing herein contained shall be construed as giving to the Telephone Con~any any exclusive privileges. ) J-o + 'I . Section 12. The riehts. powers. limitations. duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. Section 13. If any section. sentence, clause or phrase of this ordinance is for any reason held to be illegal. ultra vires or uncon- stitutional, such invalidity shallnot affect the validity of the re- maining portions of this ordinance. All ordinances and agreements and parts of ordinances and agreements in conflict herelnth are hereby re- pealed. Section 14. That this ordinance shall take effect and be in full force from and after its passage and adoption and publicaticn in the official city paper and after its written acceptance by the Southwestern Bell Telephone Conpany. which written acceptance shall be filed with the City Clerk within fifteen days from the date this ordinance is adopted. Introduced. April 21. 1941 r. Passed and adopted by the Governine Body of the City of Salina. Kansas. this 28th day of April, 1941 Attest: Chas. E. Banker City Clerk Ed Morgenstern Mayor II 2.j'D:1 J ACCEPTANCE ViIi2l{EAS~ the ,:::overnh,g bod:,r of the City of Salina~ Kansas~ did on the 2,:3th da~r of A9ril~ 1941. adopt and y)aSS an ordiYJ.ance entitled:: "Ali OilliE'JAr-JCE DEFI.i.;niG Tr::E .l.,AIE1EE/. A~!J) PLACE C'F CO~!STrtuC~'IOl" (iF T!1E LE:.c,~ Ul. ~Cllli Sut'I::f',.ESTK"i..l'; BELL T.2lli.l"EuI"B CU"F'lG1Y Ad h{t,,;;;;CRIB- EG TEE TER1:S AND CO'...DI'L'IOl\"S UNDER. ,',iUCIt SaID LIliES .sHaLL "E C01\- STRl.iCTED, l{i::;COl.ST.i:tlCTED ,;U;JJ ...AIl-IT.AILED J l:dm PliUVIDEJG l"Olt CO,2:t;NSA- TIuE TO BE PAID TH~ CITY UF' SALI\A, KAl.j;:;>AS, BY THE dOD'I'I-lIIESTERH BELL TELEPECiE CO,PA2';Y, II and aEREAS~ said ordinance was duly si~=hed b;y the l..layor of said City of Salina, Kansas~ and the seal of said City affixed and attested t:lereto lJY the City Clerk of the said City, and se.id ordinance was duly published according to la'\ov in the Salina Journal~ !:md :F~REil.S. said ordL-lance further provided that it should be in 1"1.:.11 force and effect s.fter its adoption and :-mbl ication and its acceptance by the Southwestern Bell Tele;Jhone Co:npany. i,TOl., TliK{EFORE~ in compliance with the "t erms of said ordinance so enacted and so approved and attested~ the Southwestern Bell Telephone Conpany hereby accepts said ordinance and files this its written acceptance vrit~ the City Clerk of said City in his said office. Dated this 12th day of fuay~ 1941. SOUTEVVESTBriN BELL TELEPHONE C01..PAl~Y By A. C. Sta.nnard President. ATTEST: H. D. McBride Secretary Acceptance filed in the office of the City Clerk of the City of Se.lina, Kansas~ this 12th day of May, 1941. Chas. E. Banker City Clerk ~I e (Published in the Salina Journal 1946) ORDnlJANCE 5137 AIr ORDTIIJANCE granting the Missouri Pacific Railroad Con~any, its successors and assigns, the right to construct, reconstruct and maintain a stand- ard gauge railroad switch or spur track, at grade thereof, over, upon and across North Fifth street between Lots Twenty-two (22) and Twenty- one (21) on Fifth street in the Original Town of Salina, Saline County, Kansas, and over, upon and across the north and south alley between Lots Twenty-one (21) en Fifth Street and Twenty-two (22) on Fourth street, both in the Original Town of Salina, Saline County, Kansas and providing for the maintenance thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas. , Section 1. 1he Misooulb Pacific Railroad Company, its successors and assigns, is hereby granted permission to construct, reconstruct, maintain and operate a switch or spur track of standard gauge over, upon and across North Fifth Street in Salina, Kansas, at grade thereof, between Lots Twenty- two (22) and Twenty-one (21) on Fifth street in the Original TOWIl of Salina, Saline County, Kansas and over, upon and aoross the North and South alley, at grade thereof, between Lots Twenty-one (21) on Fifth Street and Twenty- t'wo (22) on Fourth street, both in the Original Town of Salina, Saline County, Kansas. . Section 2. Said railroad track shall be constructed, maintained and operated in aocordance with the laws of the state of Kansas and the ordin- ances of the City of Salina now in force or hereafter enacted, and all paving, sidewalks, crossings and drainage, crossed or affected by such traok, or ~ich as now existing or hereafter provided for, which cross or affect such track, shall be construoted, reconstructed and maintained by said grantee, its successors and assigns, in such manner as may be required by the governing body of said city. Upon failure to comply with any such requirements, the city may at the expense of the grantee, its successors and assigns, proceed to do any such work as may have been required hereunder. Section 3. 1he exercise of any of the privileges herein granted, shall oonstitute an acceptanoe by the grantee, its successors and assigns of all of the conditions of this ordinance. Section 4. This ordinance shall take effect and be in force from and af'ter its passage and publioation once in the official city paper. Introduced, January 14, 1946 Passed, January 24, 1948 - Attest: Chas. E. Banker City Clerk Lloyd W. Price Acting Mayor . . . Ch. 23, Art. 1 RAILROAD RIGHTS of WAY 251 CHAPTER 23.-RAILROAD RIGHTS OF WAY. Article I.-Chicago, KaWlal:l & Neb. Ry. Co. (Rock Island).-23-101 to 23-109. 2.-Chicago, Kansas & Western Railroad Co. (Santa Fe).-23-201 to 23-212. 8.-Chicago, Rock Island & Pacific Railroad Co.-23-301 to 23-302. 4.-Kansas & Colorado Railroad Company (Missouri Pacific).-23-401 to 23-405. 5.-KaWlas and Colorado Pacific Ry. Co. (Missouri Pacifie).-23-501 to 23-511. G.-Missouri Pacific Railway Company).- 23-601 to 23-624. 7.-Salina Northern Railroad Company (Santa Fe).-23-701 to 23-704. 8.-Salina and Southwestern Railroad Co. (Union Pacific).-23-801 to 23-827. 9.-Union Pacific Railway Company.-23- 901 to 23-965. 10.-Ordinances and Contracts Relating to Union Station.-23-lUOl to 23-1010. H.-Street Lights at Railroad Crossings.- 23-1101 to 23-1107. ARTICLE I.-Chicago, KaWlas and Nebraska Rail- way Co. (Rock Island). ORDINANCE NO. 568. (Published in Salina Daily Journal, June 17, 1887) 23-101. Land for right of way taken. ~1. It is hereby proposed and determined to take for the use of the Chicago, Kansas and Nebraska Railway Com- pany, for right of way for a railway with turnouts and side tracts and for other railway purposes the following described real estate situated in the said City of Salina, Saline County, Kansas, or so much thereof as may be necessary for said purposes, to- wit: Lots No. 15-16-17-18-19-20-21-22-23-24-25-26- 27 and 28 on Front Street in Jones Addition to the City of Salina. Lots No. 8-10-12-14-16-18-20-22-24- 26-28-30-32-34-36 and 38 on Second Street in Jones Addition to the City of Salina; Lots No. 2-4-6 and 8 on Second Street in the City of Salina. Lots No. 3- 5-7-9-11-12-14-16 on Third Street in the City of Salina; Lots No. 15-17-14-16 and 18 on Fourth Street in the City of Salina; Lots 13-15-17-14-16 and 18 on Fifth Street in the City of Salina; Lots No. 13-15-17-14-16 and 18 on Santa Fe Avenue in the City of Salina; Lots No. 13-15-17-14-16 and 18 on Seventh Street in the City of Salina; Lots No. 13-15-17 and 14 on Eighth Street in the City of Salina; Lots No. 15-16-17 and 18 on Pine Street in the City of Salina; Lots No. 23-24-25-26-27-28- 29-30-31-14-15-16-17-18-19-20-21 and 22 in Block 7, Depot Addition to the City of Salina; Lots No. 11- 12-13-14-15-16-17-18-19-20-21-22-23-24-25 and 26 in Block 8, Depot Addition in the City of Salina; Lots No. 6-7-8-9-10-11-12-13-14-15-16-17-18-19-20 and 21 in Block 12, Depot Addition to the City of Salina. Lots No. 1-2-3-4-5-6-7-8-9-10-11-12-13 and 14, Block 13, Depot Addition to the City of Salina; and a triangular piece belonging to J. Weaver on Thir- teenth Street west of Block No. 13, Depot Addition to the City of Salina. 23-102. City Engineer to make plat. ~2. The City Engineer is hereby directed forthwith to make a survey and plat of the parcels and tracts of land above described as provided in Section 1 of Ordi- nance No. 381, approved June 26, 1883, and file the same with all convenient speed. ORDINANCE NO. 601. (Published in Salina Daily Journal, Oct. 6, 1887.) 23-103. Right of way granted across and along certain streets and alleys; main line and Fourth Street. g1. That the right of way be and the same is hereby granted to the Chicago, Kansas and Ne- braska Railway Company, its successors and as- signs to construct, operate and forever maintain the main line of its railway, with such side tracks, switches and second tracks, appurtenant thereto as said company may deem necessary over, through, along and across and upon the streets, avenues and alleys of said City from the east line of said City to the west line thereof across and upon Cleveland Avenue, Railroad Avenue, Arthur Avenue, Garfield Avenue, Pacific Avenue, Grant Avenue, First Street, Second Street, North Street, Third Street, Fourth Street, Fifth Street, Santa Fe Avenue, Seventh Street, Eighth Street, Ninth Street, Tenth Street, Eleventh Street, Twelfth Street, Thirteenth Street, Fourteenth Street, Phillips Street, College Avenue, Simpson Street, Clark Street, Chicago A venue and Short Street, and along and upon Bishop Street, and across all alleys intersected by said railway. And also the right to build, maintain and operate a single track railway from some point on its line east of Fourth Street to, along and upon the east side of Fourth Street in said City. 23-104. Established grades. . ~2. The said rail- way shall be constructed and maintained at the established grade in all streets and alleys. 23.105. Construct and maintain crossings and culverts; supervision of City Engineer. S3. The said railway company shall construct and maintain suitable crossings over its tracks, side tracks and switches at all streets and alley crossings; also, proper culverts and waterways along and across its tracks, side tracks and switches whenever and wherever required by said City; and the said cross- ings, culverts and waterways are to be so con- 252 RAILROAD. RIGHTS of WAY Ch..28, Art.' 2 structed and. maintained under the supervision of and in accordance with the directions of the City Engineer of said City. 23-106. Rights subject to regulations of City. ~4. The right of way and the use of the streets, avenues and alleys described, and upon which the railroad tracks, switches, turnouts and side tracks hereby authorized to be constructed shall be built, shall be, remain and vest in such railway company, its suc- cessors and assigns, so long as the same be used as aforesaid for the purpose of constructing and operating a railway and shall be subject to all rules, ordinances and regulations made by the City of Salina in the exercise of its lawful powers. ORDINANCE NO. 1117. (Published in the Salina Daily Republican Journal, February 18, 1902.) 23-107. Right to construct spur track across Fifth Street. ~1. That there be and is hereby granted to the Chicago, Kansas & Nebraska Railway Com- pany, its successors, lessees and assigns, the right to construct, maintain and operate a side track or spur from a point on its main track about one hun- dred feet east of Fifth Street, in the City of Salina, westward along and upon the south side of the said main track of said railway company over and across said Fifth Street to a point south of the building of the Marion Manufacturing Company, subject, however, to the restrictions and conditions herein- after set forth, and subject to such reasonable rules and regulations now or hereafter enacted by the Mayor and Council of said City. 23-108. Established grade; sidewalks and cross- ings; culverts, etc. ~2. Said side track or spur shall be constructed and maintained at the estab- lished grade of said Fifth Street, and said railway company shall provide and maintain suitable and safe street and sidewalk crossings over said track where the same intersects with and crosses said Fifth Street and where the same crosses any alley of said City, and shall provide and maintain suit- able culverts and waterways under the same when, where and as directed by order of the Mayor and Council of said City. 23-109. Forfeiture. ~3. That if said railway company fails or neglects to construct said side track or spur within three months from this date, all the rights herein granted shall be forfeited and revert to said City. ARTICLE...2........Chicago; Kansas .and.. Western Rail- road. Company ::(SantaFe). . 'O.RDINANCE NO. Ji.64. . (Published in .Salina. Daily Journal,' June 7, 1887.) 23-201. Land for !igh~ of way taken. ~1. It is hereby proposed and determined to take for the use of the Chicago, Kansas and Western Railroad Com- pany for right of way a railroad with turn outs and side tracks and for other railroad purposes the following described real estate situated ill the City of Salina, Saline County, Kansas, to-wit: Begin- ning 930 feet south of the northwest corner of the southeast Quarter of Section 12-14-3, thence east 350 feet to the Smoky Hill River, thence north- easterly along the bank of said river to a point on said river bank due south of a point on the half section line, 1450 feet east of said northwest corner, thence north 162lh feet, thence west parallel with the center line of said section to the southern boun- dary of the Missouri Pacific right of way, thence westerly along said right of way to the east line of Front Street, thence south to the place of begin- ning. Lot No. 14 on Front Street. Lot No. 27 on Second Street, a strip of land 50 feet wide across the County Park between 2nd and 3rd Streets, the north line of which shall be 200 feet south of the south line of Pine Street, Lot No. 28 on Third Street, Lots No. 27 and 28 on Fourth Street, Lots 24-25-26-27-28 and 30 on Fifth Street, Lots 23-24- 25-26-27-28 and 29 on Santa Fe Avenue, Lots 23-25 and 27 on Seventh Street, Lots 20-21-22, Grover & Van Fleet's Subdivision of Church Park, Seventh Street. Lots 1-2 and 3, Grover and Van Fleet's Subdivision of Church Park on Eighth Street, S % of Lot 24 and Lot 25, N% Elh Lot 28 on Eighth Street, Lot 18 on Ninth Street, Bishop's Addn., Lots 61 and 62 on Tenth Street, Bishop's Addition, Nlh Lot 11 on Eleventh Street, N% Lot 11 on Twelfth Street, Weaver's Addition, Lot 16 on Twelfth Street and Lot No. 15 on Thirteenth Street, Weaver's Addition, a fraction of Lot No. 14 on Thirteenth Street, a portion of Weaver's Reserve 50 from south side of Lot 15 on Fourteenth Street, a fraction of Lot 13 on 15th Street, Weaver's 2nd Addition. 23-202. City Engineer make survey. ~2. The City Engineer is hereby directed forthwith to make a survey and plat of the parcels and tracts of land above described as provided in Section 1 of Ordi- nance No. 381, appr~ved June 26th, 1883, and file the same with all convenient speed. 23-203. . Land for right of way taken. Ordinance No. 587, passed and approved July 29th,1887, pro- vides for the appropriation of certain private prop- . Ch. 23, Art. 2 RAILROAD RIGHTS of WAY 253 erty for the use of the Chicago, Kansas & Western I Street, Eleventh Street, Twelfth Street and Thir- Railroad Company for ri~ht of way through the teenth Street and over and across all intervening City of Salina and for depot grounds, terminal alleys and streets between said Front Street and facilities and other purposes, such land being de- Thirteenth Street, which are now or hereafter may scribed as follows: Lots 7 to 11 inclusive in Block be located between the point of beginning through 13, Lots 8 to 12 inclusive and Lots 16 to 20 inclusive said City. in Block 12, Lots 1 to 9 inclusive and Lots 11 to 15 inclusive and Lots 23 to 26 inclusive in Block 8, and Lots 11 to 16 inclusive and Lots 30 to 34 inclusive in Block 7, all in Depot Addition to the City of Salina, Kansas; also Lot 5 and Lots 7 to 14 inclusive on 8th Street, Lot 3 and Lots 5 to 11 inclusive on 7th Street, Lot 1 and Lots 3 to 10 in- clusive and Lot 12 on Santa Fe Avenue, Lots 1 to 4 inclusive and Lots 6 and 8 on Fifth Street, and Lots 2 and 4 on Fourth Street, all in the Original Town of Salina; also Lots 2-4-6-8 and 10 on Fourth Street, Lots 1-3-5-7-9 to 16 inclusive and Lots 18-20-22 and 24 on Third Street, Lots 15-17-19-21-23-25-26- 27-28-30-32-34-36-38 and 40 on Second Street, and Lots 14 to 23 inclusive on Front Street, all in Jones Addition, City of Salina, Kansas; also all of Block 13 and Lots 9-11-13 and Lots 15 to 28 inclusive in Block 12, Lots 1 to 6 inclusive and Lots 8-10 and 12 in Block 5, Lots 23-25-27 and 28 in Block 11, and Lots 1 to 20 inclusive and Lots 22-24 and 26 in Block 6, and the West one-half of Block 7, all in Morris Addition to the City of Salina. The ordi- nance also provides for the appointment of commis- sioners for the appraisement of said property, the method of such procedure to be followed by such commissioners and for the filing of their report and for the taking effect of such ordinance. . ORDINANCE NO. 586. (Published in Salina Daily Journal, July 29, 1887.) 23-204. Right of way granted for main line across certain streets and alleys. ~1. That there be and hereby is granted to the Chicago, Kansas and Wes- tern Railroad Company the right to construct, oper- ate and forever maintain a line of standard guage railroad into and through the City of Salina, Kansas, commencing at a point 225 feet more or less south of the Union Pacific along the east line of Section 12, thence southwesterly as the same is now located as shown by the map of location now on file in the office of the City Clerk of said City over and across all intermediate streets and alleys when completed or which may hereafter be completed until the line reaches Front Street, thence across Front Street continuing in a southwesterly direction across Paci- fic Street, Second Street, Third Street, Fourth Street, North Street, Fifth Street, Santa Fe Avenue, Seventh Street, Eighth Street, Ninth Street, Tenth . 23.205. Side tracks authorized. s<=:. That the said The Chicago, Kansas and Western Railroad Company be and is hereby authol'lzed to construct, operate and maintain two or more side tracks from the east line of the City Limits to Tenth Street. 23-206. Spur track along Fourth Street. ~3. That the said The Chicago, Kansas and Western Railroad Company be and is hereby authorized to construct, operate and forever maintain a spur track com- mencmg at a point of connection with the main track of said line of railroad between Second and fhird Streets in said City, crossing '!'Ull'll Street and North Street and down Fourth i:ltreet along the east side of the Salina and Southwestern Railway to Iron Avenue in the neighborhood of the elevators HI said City, crossing all intervening streets and alleys, the center of said track shall be laid 20 feet Hom the center of said The Salina and Southwes- tern track as the same is now constructed. ORDINANCE NO. 739. (Published in Saline County Journal, May 1, 1890.) 23-207. Right of way for switch across certain streets. ~1. That there be and is hereby granted to the Chicago, Kansas and Western Railroad Com- pany, the right to construct, operate and maintain a switch or spur from a point of connection with its main track at or near the intersection of said main track with the west line of Fourth Street in said City, thence along North Street in said City to a point at or near the intersection of said North Street with the west line of Santa I!'e Avenue in said City, and also over and across Seventh Street in said City near the mills and elevators of The Salina Mill and Elevator Company, subject to the conditions and provisions in this ordinance specified and to all such police regulations as may be exer- cised in said City. 23-208. Conditions of grant. ~2. That the right of way and the use of that portion of North Street, upon which the railroad track contemplated by this ordinance shall be built, shall be, remain and vest in said railroad company so long as the same shall be used as in this ordinance specified, for the pur- pose of said railroad company and with all reason- able rules and regulations hereinafter made by the 254 RAILROAD RIGHTS of WAY Cli. 23, Art. 3, 4 City of Salina, Kansas, in the exercise of its legal land Pacific Railroad .Company to build, maintain police power; Provided however, the City of Salina and operate a switch t~ack and to .run its trains, reserves to itself the right to grant to any other engines, c.ars thereon .upon and across Fifth Street railroad company or companies the right of way to in the City of Salina, Kansas, a distance of about construct, maintain and operate tracks and run en- 15 feet north of the present main line track of gines, cars and trains upon the same, upon any said company as the same now crosses Fifth Street portion of said North Street not actually used and in said City. occupied by said Chicago, Kansas and Western Rail- road Company, by virtue of this ordinance. 23-209. Construct and maintain crossings and culverts. ~3. That the Chicago, Kansas and Wes- tern Railroad Company shall make, provide and maintain at its own expense, substantial and suf- ficient crossings and approaches over its railroad track for each street crossing said track on North Street and on Seventh Street, and shall make, pro- ARTICLE 4.-Kansas and Colorado Railroad Com- vide and maintain all necessary culverts under said pany (Missouri Pacific). track for the passage of water, and shall leave no obstruction in said North Street not necessary for the proper construction and operation of said rail- (Published in Saline County Journal, Aug. 19,1886.) road track. 23-210. Pay Damages. ~4. That in case the property of any person or persons is damaged or injured by reason of this grant of the right of way by this ordinance made, and such damage so sus- tained, shall be substantiated and adjudged by due process of law, the Chicago, Kansas and Western Railroad Company shall alone be responsible and pay all damages and injuries so sustained and ad- judged. 23-211. Not interfere with grants to other com- panies. ~5. That the right of way hereby granted to the Chicago, Kansas and Western Railroad Com- pany shall in no case affect the rights of the City of Salina, Kansas, granting the right of way along and across said North and Seventh Streets and across the track of the said Chicago, Kansas and Western Railroad Company to any other company or companies. 23-212. Cars not stand in North Street. ~6. That the said Chicago, Kansas and Western Railroad Company or any company operating said right of way shall not leave or permit cars to stand on any portion of said right of way lying and situated on North Street for a longer period than ten minutes. ARTICLE 3.-Chicago, Rock Island and Pacific Railroad Company. (See Secs. 23-101 to 23-109) (Published in the Salina Daily Union, Jan. 21, 1918.) 23-302. Specifications of City Engineer. ~2. Said switch track to be built and constructed in accor- dance with the plans and specifications of the City Engineer and the Street and Alley Committee re- lating to railroad crossings on unpaved streets in said City. ORDINANCE NO. 500. 23-401. Right of way; Ash Street to southern limits of City. ~1. That the right of way be and the same is hereby granted to the Kansas and Colo- rado Railroad Company, its successors, lessees and assigns to construct, maintain and operate a single track railroad and such side tracks as it shall deem necessary for the transaction of the business of the Company and the accommodation of the public, and run its engines and cars upon the same through said City of Salina from a point on the north line of Ash Street in the said City of Salina within 200 feet of the western limits of said City, thence south along or near and not exceeding 100 feet from the western limits of the City of Salina to the south line of said City with the right to cross any and all streets, avenues and alleys intersecting or cross- ing said right of way herein granted, subject to the conditions and provisions of this ordinance and to all such reasonable police regulations as may be exercised by the City as to the operation of said road and the running of trains and cars in the City. 23-402. City regulate construction side tracks, etc. ~2. That the City of Salina reserves unto itself the right to regulate by ordinance the way and manner in which all turnouts, side tracks and switches shaH be constructed. 23-403. Construct and maintain crossings and culverts. ~3. That the said Kansas and Colorado Railroad Company, its successors, lessees and as- ORDINANCE NO. 2143. signs shaH make, provide and maintain at its own 23-301. Right of way for switch track across expense, substantial and sufficient crossings and Fifth Street. ~1. That the right of way be and the approaches over its railroad track for each street same is hereby granted to the Chicago, Rock Island I and aHey crossing said track, when required so to . Ch. 23, Art. 5 RAILROAD RIGHTS of WAY 255 do by resolution of the City Council and shall make culverts under said track for the drainage of water. 23-404. Pay damages. ~4. That in case the property of any person or persons is damaged or injured by reason of the grant of this right of way by this ordinance or the construction of said rail- road, and such damage or injury shall be adjudged by due process of law, the Kansas and Colorado Railway Company shall alone be responsible and shall pay all damage and injuries so sustained and adjudged. 23-405. Regulations of City. ~5. That the right, privileges and grants given by this ordinance to the said Railway Company, its successors, lessees and assigns shall be and vest in the said railroad company as long as the same shall be used for rail- way purposes and with reasonable rules and regula- tions hereafter made by the City of Salina in the exercise of its legal powers. ARTICLE 5.-Kansas and Colorado Pacific Railway Company (Missouri Pacific). ORDINANCE NO. 775. . (Published in Salina Daily Republican, June 24th, 1891.) 23-501. Right of way for switch or spur along North Street. ~1. That there be and is hereby granted to The Kansas and Colorado Pacific Rail- way Company, the right to construct, operate and maintain a switch or spur track from a point of connection with its main track, at or near the inter- section of said main track with the south line of North Street in said City, thence due east along said North Street in said City a distance of five hundr'ed and thirty-one feet upon the south side of said street and not to exceed 12 feet in width from the south line of said street, subject to the condi- tions and provisions of this ordinance specified, and to all such police regulations as may be exercised by said City. shall make, provide and maintain at its own ex- pense substantial and sufficient crossings and ap- proaches over said railroad track for each street or alley cro;3sing said track, and shall make, pro- vide and maintain all necessary culverts under said track for the passage of water, and shall leave no obstruction in said North Street not necessary lor the proper construction and operation of said rail- road track. 23-504. Pay damages. ~4. That in case the prop- erty of any person or persons is damaged or in- jured by reason of the grant of this right of way by this ordinance made, and such damage so sus- tained shall be substantiated and adjudged by due process of law, the Kansas and Colorado Pacific Railroad Company shall alone be responsible and pay all damages and injuries so sustained and ad- judged. 23-505. :";ot affect grants to other companies. ~5. That the right of way hereby granted to the Kansas and Colorado Pacific Railway Company shall in no case affect the right of the City of Salina, Kansas, granting the right of way along and across the said North Street and across the track of the said Kansas and Colorado Pacific Railway Company to any other' company or companies. ORDINANCE NO. 985. (Published in Salina Daily Republican J-ournal, March 14, 1899.) 23-506. Right of way for spur along North Street; conditions. ~1. That there be and is hereby granted to The Kansas and Colorado Pacific Railway Com- pany, its successors, lessees and assigns, the right to construct, maintain and operate a side track or spur upon and along the south side of North Street, along "he north side of the buildings and grounds of the Kansas Ice and Storage Company, subject however to all reasonable regulations hereafter adopted by the Mayor and Councilmen of The City of Salina, Kansas. ORDINANCE NO. 994. 23-502. Conditions. ~2. That the right of way and the use of that portion of North Street, upon (Published in Salina Daily Republican Journal, which the railroad track contemplated by this ordi- May 26th, 1899.) nance shall be built, shall be, remain and vest in 23-507. Right of way for switch track across said railroad company so long as the same shall be I certain streets and alleys; conditions. Sl. That used as in this ordinance specified for the purposes : there be and is hereby granted to the Kansas and of said railroad company and for the accommodation Colorado Pacific Railway Company, its successors, of shippers over said track. lessees and assigns, the right to construct, main- 23-503. Construct and maintain crossings and tain and operate a sidetrack in said City from a culverts; no obstruction in street. ~3. That the point on the main line of its railway near the west Kansas and Colorado Pacific Railroad Company side of the alley between Fourth and Fifth Streets . 256 HAlLROAD RIGHTS of WAY Ch. 23, Art. 6 in said City westward, along and upon the south side of the present right of way of said railway company across Fifth Street, Santa Fe Avenue, Sev- enth Street and Eighth. Street, and the several alleys between said streets, to a point on its main line of railroad at or near the east side of Ninth Street, subject however, to the restrictions and conditions hereinafter set forth and subject to such reasonable rules and regulations as may be adopted by the Mayor and Council of said City. 23-508. Construct and maintain crossings and culverts. 112. Said railway company shall construct and maintain suitable culverts and waterways where required, and suitable and safe crossings over said sidetrack at all street and alley crossings, said crossings to be at the same grade as the streets crossed and said culverts and crossings to be con- structed according to directions of the City Engi- neer. ORDINANCE NO. 1121. (Published in the Salina Daily Republican Journal, March 18, 1902.) 23-509. Right of way for switch across Pine and Third Streets. !ll. That there be and is hereby granted to the Kansas and Colorado Pacific Rail- way Company the right to construct a single track turnout or switch from a point on its main line on Pine Street at or near the east line of Fourth Street, southeasterly over and across Pine Street and across Third Street to a connection with its spur now lo- cated on the west side of the plat of ground known as "County Park." Subject to the conditions of this ordinance and such reasonable regulations as the Mayor and Councilmen may hereafter adopt. 23-510. Grades; crossings. !l2. Said track shall be even wi th the street and alley grades as now or hereafter established and said grantee shall pro- vide and maintain suitable crossings over and water- ways under the same when, where and as required by the Mayor and Council of said City. ORDINANCE NO. 1388. (Published in Salina Evening Journal, Sept. 5, 1907.) 23-511. Right of way for switch tracks along Pine Street; conditions; plank rails. Ill. That there be and is hereby granted to Kansas and Colorado and Pacific Railway Company, the right to con- struct, maintain and operate a side track or spur from a point on Pine Street, near the alley between Santa Fe Avenue and Fifth Street in said City, along and upon Pine Street to a point on the north side of Pine Street, near the alley between Fourth and Fifth Streets; Provided, that said railway com- pany shall plank between the rails and outside of the north rail a sufficient distance to make a good and sufficient crossing the full width of Fifth Street. ARTICLE 6.-Missouri Pacific Railway Co. (See Secs. 23-401 to 23-405; 23-501 to 23-515.) ORDINANCE NO. 1213. (Published in The Salina Evening Journal, January 20, 1904.) 23-601. Right of way for switch from Pine Street across Fifth Street and an alley. Ill. That there be and is hereby granted to the Missouri Pacific Railway Company, its successors and assigns, the right to construct, maintain and operate, in the City of Salina, a single side track or switch from a connection with its present railroad track south of its main line on Pine Street west of Fifth Street over and across Fifth Street in an easterly direc- tion and over and across the alley between Fifth Street and Fourth Street east to the West side of Fourth Street, in said City of Salina, subject, how- ever, to the conditions in this ordinance named. 23-602. Grade; crossings and culverts. !l2. Said side track or switch shall be constructed and main- tained at the established grade of such street and alley, and said Missouri Pacific Railway Company shall provide and maintain a suitable crossing over said track or switch where the same crosses said Fifth Street, and shall provide and maintain suitable and sufficient culverts and waterways under the same and along the same when, where and as di- rected by order of the Mayor and Council of said City. 23-603. Regulations. !l3. That the right of way hereby granted shall be and remain subject to all reasonable regulations now or hereafter enacted by the Mayor and Council of said City. 23-604. Forfeiture. !l4. That if said Missouri Pacific Railway Company shall fail or neglect to construct said side track or switch within six months after the passage of this ordinance, or shall fail during such time to provide and properly maintain such crossing over said Fifth Street, that all the dghts herein granted to such company shall be for- feited and revert to said City. 23-605. Other Railroads. 115. The City hereby reserves the right to grant a franchise to any other railway or railroad company to diagonally cross this side track or switch at any point. . . . ORDINANCE NO. 1217. RAILROAD RIGHTS of WAY ~G7 Ch. 23, Art. 6 (Published in Salina Evening Journal, Feb. 25, 1904.) 23-606. Right of way for switch parallel with Pine Street east of Santa Fe across Fifth Street. ~1. That there be and is hereby granted to the Missouri Pacific Railway Company, its successors and assigns, the right to construct, maintain and operate, in the City of Salina a single side track or switch from a connection with its present side- track south of its passenger depot located on the east side of Santa Fe Avenue and south of its main line running parallel with Pine Street at a point not less than fifteen feet east of the east side of said Santa Fe Avenue, over and across the alley between said Santa Fe Avenue and Fifth Street east to said Fifth Street; subject, however, to the conditions in this ordinance named. 23-607. Grades; crossings and culverts. ~2. Said side track or switch shall be constructed at the estab- lished grade of said alley and said Fifth Street, and the said grantee, its successors and assigns, shall maintain suitable crossings over said track, and shall provide and maintain suitable and suffi- cient culverts and waterways under the same where and as directed by the City Council. 23-608. Regulations. ~3. That the right hereby granted shall be and remain subject to all reason- able regulations now or hereafter enacted by the Mayor and Council of said City. 23-609. Forfeiture. ~4. If the said Missouri Pa- cific Railway Company shall fail to construct such side track or switch within sixty days from this date, all the rights herein granted shall be forfeited. 23-610. Change in tracks along Pine, Bishop and Ninth Streets; extend mill track across Ninth. ~3. In consideration of the matters stated in sections one and two above (see Secs. 13-102 and 103), the City of Salina grants to the Missouri Pacific Rail- way Company the right to make certain changes in its tracks located in Pine St. and Bishop St. and 9th St., at the intersection of 9th St., said changes to consist of a re-alignment to the north for the purpose of lessening the curvature in said tracks in a manner that will best serve the purpose of said Railway Company. The City of Salina further grants to the said Railway Company the right to extend its side track, known as the Mill track, westwardly across 9th St. to a point of connection with its main track not to exceed 100 feet west of 9th St. pro- vided that no cars shall be stored west of 9th Street. (~3, Ord. 1303, 4-17-06). 23-611. Right to change location of tracks on Bishop Street from Ninth to Fourteenth Street. That permission is hereby granted to the Missouri Paci- fic Railway Company to change the location of its railroad track on Bishop Street, between the east side of Ninth Street and a point immediately west of the west side of Fourteenth Street, in the City of Salina, from its present location, as indi- cated by black and white lines on a certain blue print or map hereinafter identified and referred to, to that location on the north side of said Bishop Street between the points named and across the streets shown as is indicated and designated on said map or blue print by the line in green ink; such change of location being permitted, however, on condition that said Missouri Pacific Railway Com- pany shall leave all streets over which such track is laid, when such change of location is completed, in the proper condition for travel and passage and repassage over the same, and on condition that such railway company shall build, construct and main- tain all necessary and proper crossings across said railway track at such street or streets as intersect said track; Provided, however, that nothing in this ordinance contained shall be deemed to authorize such railway company to construct or lay more than one railway track along or upon said Bishop Street within the limits named. (~1, Ord. 1391, 9-16-07). 23-612. Map showing change. That a certain map or blue print marked for identification in red ink as "Exhibit to Ordinance No. 1391," is hereby re- ferred to as the map or blue print specified and mentioned in sectiQn one of this ordinance, and such map or blueprint is hereby specially attached to and made a part of this ordinance. (92, Ord. 1391, 9- 16-07. The map referred to is on file in office of City Clerk with Original Ordinance). ORDINANCE NO. 2185. (Published in The Salina Daily Union, July 2nd, 1918.) 23.613. Right of way for switch across Seventh Street. ~l. That a right of way be and the same is hereby granted to the Missouri Pacific Railroad Company to build, maintain and operate a switch track and to run its trains, engines and cars thereon across Seventh Street in the City of Salina, Kan- sas, due west from and connected with the present Lee Warren Milling Company's wheat track No. 2. Also to build such track and run its engines, trains and cars thereon from a connection there- with at a point west of the west line of Santa Fe Avenue across Santa Fe Avenue and across Fifth Street, north of the present Lee Warren Milling 258 RAILROAD RIGHTS of WAY eh. 23, Art. 6 Company's track No.1 and connected with the main formity with city ol'dinances in such cases now or line of the Missouri Pacific Railroad Company or hereafter provided. near Pine Street in said City. 23-614. Plans and specifications of City Engineer. ~2. Said switch track shall be constructed in ac- cordance with the plans and specifications of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings, on paved streets in said City. ORDINANCE NO. 2193. (Published in The Salina Daily Union, June 26th, 1918.) 23-615. Right of way across alleys; extension of Lee Warren Mill Track. ~1. That a right of way be and the same is hereby granted to The Missouri Pacific Railroad Company to build, construct and maintain an extension from the present Lee Warren Milling Company's mill track No.2 and to run its engines, trains and cars thereon across the alley be- tween Santa Fe Avenue and Fifth Street and be- tween Santa Fe Avenue and Seventh Street in said City. . 23-616. Grades; specifications of City Engineer. g2. Said tracks shall be built and constructed upon the established grade of such alleys and in accor- dance with the plans and specifications of the City Engineer and the Street and Alley Committee of said City. ORDINANCE NO. 2853. (Published in The Salina Daily Union, September 27th, 1923.) 23-617. Right of way for switch on Pine Street and Fifth Street to northeast corner of Lot 23 on Santa Fe Avenue. ~l. That the Missouri Pacific Railroad Compan~-, its successors and assigns be and it is hereby granted a right of way for a switch track in, over and upon Pine Street and Fifth Street in the City of Salina, as shown by the plat thereof, dated July 25th, 1923, now on file in the office of the City Engineer, for the purpose of building a switch and side track from the existing lines of said railroad to about the northeast corner of Lot 23 on Santa Fe Avenue in said City and any extensions thereof which shall be made hereafter on private ground. 23-618. Not to interfere with use of streets; crossings. g2. Said track shall be constructed and maintained as not to interfere with the use of said streets as now used and traveled, and said railroad company, its successors and assigns shall maintain crossings over said track on Fifth Street in con- ~3-619. Removal; restore streets. sS. Said com- pany, its successors and assigns shall have the right when said switch track shall cease to be used, to remove the same, provided that if said switch shall be removed the streets over which the right of way is hereby granted shall be restored to the condi- tion then existing. ORDINANCE NO. 2871. (Published in The Salina Daily Union, October 31st, 1923.) 23-620. Right of way across Ninth Street soutb of Pine Street. S1. Missouri Pacific Railroad Com- pany is hereby gramed the right to construct, and it and its successors and assigns the right to main- tain and operate a standard guage railroad track over and across Ninth Street in the City of Salina, Kansas, in a location described as follows: Begin- ning at a point on the main line of the Missouri Pacific Railroad Company approximately 170 feet west of the west line of Ninth Street, thence run- ning in a southeasterly driection across Ninth Street to an intersection with the east line of Ninth Street at a point approximately 60 feet south of the south line of Pine Street, provided, however, that no switch frog or switch points used in connection with the construction or operation of such track or its connection with any other track shall be placed in said Ninth Street or at any point between the east and west lines of said street. 23-621. Crossings maintained. g2. Said railroad track and the paving and street crossings affected thereby shall be constructed, maintained and oper- ated in accordance with the laws of the State of Kansas and the ordinances of the City of Salina, now in force or hereafter adopted. ORDINANCE NO. 2903. (Published in The Salina Evening Journal, Decem- ber 12th, 1923.) 23-622. Right of way across Eighth Street south of Pine Street. ~1. Missouri Pacific Railroad Com- pany is hereby granted the right to construct and it and its successors and assigns the right to main- tain and operate a standard gauge railroad track over and across Eighth Street in the City of Salina, Kansas, in a location described as follows: Begin- ning at the end of the present Missouri Pacific Rail- way Company switch track approximately 40 feet east of the east line 01 Eighth Street and approxi- mately 95 feet south of the south line of Pine Street, thence running in a northwesterly direction across . Ch. 23, Art. 7 RAILROAD RIGHTS of WAY :259 Eighth Street and connecting with the Missouri Pacific switch track approximately 165 feet north- westerly of the point of beginning, provided, how- ever, that no switch or frog or switch points used in connection with the construction or operation of such track shall be placed in said Eighth Street or at any point between the east and west lines of said street. 23-623. Crossings maintained. ~2. Said railroad track and the paving and street crossings affected thereby shall be constructed, maintained and oper- ated in accordance with the laws of the State of Kansas and the ordinances of the City of Salina, now in force or hereafter adopted. . RESOLUTION NO. 351. (Passed and Approved June 2, 1924.) 23-624. Right of way in Third Street; right to terminate; restoration of street. Be it resolved by the Board of Commissioners of the City of Salina, Kansas, that there be and there is hereby granted to the Missouri Pacific Railroad Company, its suc- cessors and assigns an easement for a railroad right of way in Third Street within said City west of and immediately adjacent to the east line of said street from the north line, extended west, of Lot 10 on Elm Street to the south line, extended west, of Lot 5 on Pine Street, such easement to be of sufficient width to permit the construction of a single line of railroad track within the limits above described, provided, however, that there shall be and there is hereby reserved to the City of Salina the right to terminate the easement and right herein granted at any time that such termi- nation may be deemed necessary by the governing body of the City of Salina and that upon any such termination said Missouri Pacific Railroad Company, its successors or assigns shall remove any railroad tracks or other improvements which may have been canstructed thereon and restore that part of such street used by it to its present condition. ARTICLE 7.-Salina Northern Railroad Company (Salina and Santa Fe Railroad Company). ORDINANCE NO. 2829. (Published in Salina Evening Journal, July 21, 1923.) 23-701. Right of way over and across certain streets and alleys. ~l. That the right is granted The Salina Northern Railroad Company, its succes- sors and assigns to construct, maintain and operate railway tracks over, along and across the following streets, alleys and public ground in the City of . Salina, Kansas, for a period of twenty years from the date of this ordinance becomes effective, "to-wit: (a) Three railroad tracks over College Street, now 15th Street as now constructed and maintained, north of Elm Street and tracks connecting The Salina Northern Railroad Company with the tracks of the Atchison, Topeka and Santa Fe Railway Com- pany, Chicago, Rock Island and Pacific Railway Company and The Missouri Pacific Railroad Com- pany. (b) Three tracks on the north and south alley and east and west alley in Weaver's Second Addi- tion in block bounded by College Street, now 15th Street, Elm Street, Railroad Street and The Atchi- son, Topeka and Santa Fe Railway and Union Paci- fic Railroad. (c) Three tracks over and across Railroad Street north of Elm Street as now constructed and main- tained. (d) Three tracks over and across Elm Street west of Railroad Street and over and across its intersection with Chicago Street, as now constructed and maintained. (e) Three tracks over and across Chicago Street and its intersection with Elm Street as now con- structed and maintained. (f) Three tracks over and across the east and west alley in Block 14, Elmdale, a subdivision of land as designated on the recorded plat of said sub- division. (g) Three tracks over and across Olive Street north of Park Street. (h) Three tracks over and across the street or alley southwesterly of Park 1, in Elmdale. All of the tracks mentioned in above Sections A to H inclusive being now located and situated on and within the limits of the present existing right of way of said Salina Northern Railroad Company. In connection with the aforesaid tracks, said gran- tee may maintain and operate all existing switches and cross-overs connecting said tracks on said streets, alleys and public grounds and may con- struct, operate and maintain such additional switches and connecting tracks between the present exist- ing tracks and within the limits of the present existing right of way of said railroad company as may in the future be necessary to the convenient operation of all present existing tracks. 23-702. Construct tracks and switches. ~2. Said railroad company its successors and assigns are 260 RAILROAD RIGHTS of WAY Ch. 23, Art. 8 authorized to hereafter from time to time during the existence of this grant, construct, maintain and operate over all of the streets, alleys and public grounds hereinbefore mentioned, but on its present existing right of way, which is north of Park Street at its intersection with Olive and Chicago Streets, and north of Elm Street at its intersection with Railroad Street and north of the east and west alley in Weaver's 2nd Addition north of Elm Street at its intersection with College or 15th Street and south of the main line right of way of the Union Pacific Railroad Company and of the right of way of the Atchison, Topeka and Santa Fe Railway Com- pany, any tracks which it from time to time re- quires, with all necessary and convenient switches, crossing tracks and turnout tracks, all to be within the limits of the present existing right of way. 23-703. Construct and maintain crossings; comply with ordinances; rights reserved. !l3. That said railroad company, its successors and assigns by ac- cepting this ordinance, hereby agree to provide and maintain sufficient crossings over its tracks for each of the streets and alleys above mentioned, should they ever be opened across the Atchison, To- peka and Santa Fe Railway and Union Pacific Rail- road Company rights of way north thereof, and to comply, with all ordinances now in force or here- after enacted by the City of Salina regulating the use of all of such crossings or providing for the safety of pedestrians or vehicular traffic and of the public in general at or on said crossings. They shall install and maintain sufficient and suitable drainage under said tracks for the purpose of properly draining said streets and alleys, the mat- ter of such drainage to be under the control of the City of Salina. Said City reserves unto itself the right to extend its water mains and pipes under said tracks on said public grounds and to at any time in the future build or extend its sewer system under said tracks, upon such streets, alleys and public grounds and to place its light poles and wires across the tracks on such streets and alleys. 23-704. Take effect; acceptance. !l4. This ordi- nance shall take effect and be in force from and after its passage and publication once a week for three (3) consecutive weeks in The Salina Evening Journal, the official paper of said City, and the filing of the acceptance hereof with the City Clerk of the City of Salina by The Salina Northern Rail- road Com;18ny. (Ordinance was published as pro- vided for and acceptance is on file in office of City Clerk.) ARTICLE 8.-Salina and Southwestern Railroad Company (Union Pacific). ORDINANCE NO. 342. (Published in Salina Herald, Dec. 17th, 1881.) 23-801. Right of way for railroad from Union Pacific right of way to south line of City. 91. That the right of way be and the same is hereby granted to the Salina and Southwestern Railway Company to construct, maintain and operate a single railroad track, and such side tracks as shall be essential and necessary for the transaction of the business of said company and the accommodation of the public, and run its engines, cars and trains upon the same, upon the center of Fourth Street, in the City of Salina, fl'Olll the place where the track of the Union Pacific Railway intersects and crosses the center of Fourth Street, to the south line of the City of Salina, ex- cept that the right of way across and near Iron Avenue shall deviate to the west of said Fourth Street in order to avoid the bridge, in such manner as shall hereafter be prescribed by ordinance, when such line of deviation shall have been definitely established and approved by the City Council, sub- ject to the conditions and provisions in this ordi- nance specified, and to all such reasonable police regulations as may be exercised by the City as to the operation of said road and the moving of cars and trains within the City. 23-802. Use; right to other roads. 92. That the right of way and the use of that portion of Fourth Street and Iron Avenue, upon which the railroad track contemplated by this ordinance shall be built, shall be, remain and vest in said railway company so long as the same shall be used, as in this ordi- nance specified, for the purpose of said railroad, subject to all reasonable rules and regulations here- after made by the City of Salina, in the exercise of its legal police powers; and the City of Salina shall have the right to grant to any other railroad company or companies the right of way to con- struct, maintain and operate a railroad track or tracks, and run engines, cars and trains upon the same, upon any portion of said Fourth Street and Iron A venue not actually used and occupied by said Salina and Southwestern Railway Company by vir- tue of this ordinance. 23-803. Rights reserved. !l3. That the City of Salina reserves unto itself the right, power and authority to regulate by ordinance the way and manner all turn-outs, side tracks and switches now laid or hereafter laid in or upon said Fourth Street, for the purpose of reaching any depot, elevator, warehouse, store house, coal yard, lumber yard, . Ch. .23, Art. 8 RAILROAD RIGHTS of WAY 261 stoc}c :yard 01;' other house or. place of business, wh!!ther the same- be laid by the Salina and South- -western. .Railway Company or . any other railway comptlny 0):' companies to whom a grant of the right of w.ay may hereafter be made by the City Council of the City of Salina, shall be operated by said companies so as best to facilitate the business of the railroad companies using the same and for the welfare of the public. 23-804. (Repealed by ~1, Ord. 3147, 8-17-25). 23-805. Construct and maintain crossings; ob- structions. ~5. That the Salina and Southwestern Railway Company shall make, provide and main- tain, at its own expense, substantial and sufficient crossings and approaches over its railroad track on Iron Avenue, and for each street crossini' said track on Fourth Street, and shall make, provide and main- tain all necessary culverts under said tracks for the passage of water, and shall leave no obstruction in said Fourth Street or Iron Avenue, not necessary for the proper construction and operation of said track. . 23-806. Pay damages. ~6. That in case the property of any person or persons is damaged or injured by reason of the grant of the right of way by this ordinance, and such damage or injury so sustained shall be substantiated and adjudged by due process of law, the Salina and Southwestern Railway Company shall alone be responsible and pay all damages and injuries so sustained and adjudged. 23-807. Rights to other roads. ~7. That the right of way hereby granted to the Salina and Southwestern Railway Company shall in no case affect the right of the City of Salina to grant the right of way across said Fourth Street and across the track of the Salina and Southwestern Railway Company on said Fourth Street, to any other rail- road company or companies. ORDINANCE NO. 348. (Published in Salina Herald, December 17, 1881.) 23-808. Right of way across Iron Avenue; side tracks. ~1. That the right of way be and the same i3 hereby granted to the Salina and Southwestern Railway Company to construct, maintain and oper- ate a single railroad track and run its engines, cars and trains upon the same across Iron Avenue at a point not less than 70 and not more than 100 feet from the center of Iron Bridge across the Smoky Hill River. Also granting to said railway com- pany the right to build, maintain and operate a single railroad track from a point in the center of Fourth Street opposite the south line of Lot . No. 90 in Fourth Street and run thence in a south- westerly direction to Ii point on the. east line and at or near the center of Lot 102 on Fourth Street, also from a point on the east line at or near the center of Lot 120 on Fourth Street and running thence in a southeasterly direction to a point in the center of Fourth Street opposite the south line of Lot No. 130 on Fourth Street subject to all the conditions, specifications and regulations mentioned and set forth in Ordinance No. 342 of said City of Salina. ORDINANCE NO. 390. (Published in Saline County Journal, November 8, 1883.) 23-809. Right of way across Ninth Street and along North Street; connect with Fourth Street. ~1. That the right of way be and the same is hereby granted to the Salina and Southwestern Railway Company to construct, maintain and operate a single railroad track and run its engines, cars and trains upon the same in the City of Salina, said track to commence at the east side of Block No.6 in the Depot Addition to the Town of Salina, run- ning thence east across Ninth Street and on the south side of North Street to the east line of Fifth Street in said City and the right to locate a Y and lay tracks therefor from said east line of Fifth Street across such streets and alleys as may be necessary to connect with the main tracks as now located on Fourth Street and to use the same, sub- ject to the conditions and provisions of this ordi- nance specified and to all such police regulations as may be executed by the City. 23-810. Use; comply with regulations; rights to other roads. ~2. That the right of way and the use of those portions of said streets upon which the railroad tracks contemplated by this ordinance shali be built, shall be, remain and vest in said railway company so long as the same shall be used as in this ordinance provided for the purposes of said railroad and with all reasonable rules and regula- tions hereafter made by the City of Salina in its exercise of its legal powers, provided, however, the City of Salina reserves to itself the right to grant to any other railroad the right of way to construct, maintain and operate a railroad track or tracks or run engines, cars and trains upon the same upon any portion of said streets, not actually used and occupied by said Salina and Southwestern Railway Company by virtue of this ordinance. 23-811. Construct and maintain crossings and culverts; obstructions. ~3. That the Salina and 262 RAILROAD RIGHTS of WAY Ch. 2&, Art. 8 Southwestern Railway Company shall make, pro- vide and maintain at its own expense substantial and sufficient crossings and approaches over its rail- road track for each street crossing said track, on said streets, and shall make, provide and maintain all necessary culverts, under said tracks for the pas- sage of water and shall leave no obstruction in said streets not necessary for the proper construction and operation of said railroad track. 23-812. Pay damages. ~4. That in case the property of any person or persons is damaged or injured by reason of the grant of the right of way by this ordinance, and such damage or damages or injury so sustained shall be substantiated and ad- judged by due process of law, the Salina and South- western Railway Company shall alone be responsi- ble for and pay all damages and injuries so sus- tained and adjudged. 23-813. Rights to other roads. ~5. That the right of way hereby granted to the Salina and Southwestern Railway Company shall in no case affect the right of the City of Salina to grant the right of way over and across said streets and across the tracks of said Salina and Southwestern Rail- way Company on said street to any other railroad company 01' companies. 23-814. Operate for benefit of public. ~6. This ordinance shall be in force and continue only so long as said track shall be operated for the benefit of the public and shall take effect and be in force from and after its publication once in the Saline County Journal. ORDINANCE NO. 433. (Published in Saline, County Journal, Jan. 1, 1885.) and the grant hereby made shall not be at any point on North Street further north than is now occupied by the track constructed on the grant made .Octo- bel' 15, 1883, and to use the same subject to all the provisions and conditions of this ordinance specified and to all such police regulations as may be exer- cised by the City. 23-816. Use; regulations of City; rights to other roads. ~2. That the right of way and the use of those portions of the said streets upon which the railroad track contemplated by this ordinance shall be built shall be, remain and vest in said railway company so long as the same shall be used as in this ordinance specified for the purposes of said railroad, and with reasonable rules and regulations hereafter made by the City of Salina, in the exer- cise of its legal powers, provided however, the City of Salina reserves unto itself the right to grant to any other railroad company or companies the right of way to construct, maintain and operate a rail- road track or tracks and run engines, cars and trains upon the same upon any portions of said streets not actually used and occupied by the said Salina and Southwestern Railway Company by vir- tue of this ordinance. 23-817. Construct and maintain crossings and culverts. ~3. That the Salina and Southwestern Railway Company shall make, provide and main- tain at its own expense, substantial and sufficient crossings and approaches over its railroad tracks for each street crossing said track and to a point 50 feet east of Ninth Street and shall make, pro- vide and maintain all necessary culverts under the same for the passage of water and shall leave no obstructions on said streets not necessary for the proper construction and operation of said railroad tracks. 23-815. Right of way across Ninth Street and along North Street. ~1. That the right of way be and the same is hereby granted to the Salina and 23-818. Pay Damages. ~4. That in case the Southwestern Railway Company to construct, main- property of any person or persons is damaged or tain and operate a single railroad track and run injured by reason of the grant hereby made and its engines, cars and trains upon the same in the such damage is sustained, shall be substantiated and City of Salina; said track to commence at or near adjudged by due process of law the Salina and where the track of said company now intersects Southwestern Railway Company shall alone be re- the west line of Block 6 in the Depot Addition to sponsible for and pay all damages and injuries so the City of Salina, thence east across Ninth Street sustained and adjudged. and on the south side of North Street and north of 23-819. Rights to other roads. ~5. That the the right of way granted to the said Salina and right of way hereby granted to the Salina and Southwestern Railway Company on the 15th day Southwestern Railway Company shall in no case af- of October, 1883, and at and to and connecting with fect the right of the City of Salina to grant the the track of the said Salina and Southwestern Rail- right of way over and across the track of said way Company at some point on said track not more Salina and Southwestern Railway on said streets, than 110 feet east of the east line of Ninth Street I to any other railroad company or companies. . . . Ch. 23, Art. 8 RAILROAD RIGHTS of WAY 263 23.820. Benefit of public. ~6. This ordinance shall be in force and continue so long as said track shall be operated for the benefit of the public and shall take effect and be in force from and after its publication in the Saline County Journal. ORDINANCE NO. 561. (Published in Salina Daily Journal, May 28, 1887.) 23-821. Right of way in Fourth Street; condi- tion. ~1. That the right of way be and the same is hereby granted to the Salina and Southwestern Railway Company to construct, maintain and oper- ate a single railroad track and l'un its engines, cars and trains upon the same from a point in the center of Fourth Street in the City of Salina, in the City of Salina, Kansas, 45 feet north of the north line of Elm Street to a point where the north line of Lot No. 37 on Fourth Street intersects the east line of said Fourth Street, subject to all the conditions, specifications and regulations mentioned and set forth in Ordinance No. 342 of said City of Salina. (See Sees. 23-801 to 23-809). ORDINANCE NO. 631. (Published in Salina Daily Journal, March 3, 1888.) 23-822. Right of way in Fourth Street, Elm to Pine. ~1. That the right of way be and the same is hereby granted to the Salina and Southwestern Railroad Company to construct, maintain and oper- ate a single side track with necessary connections with the main line of the Salina and Southwestern Railroad Company and run its engines, cars and trains upon the same on the west side of Fourth Street from a point at the clearing post of a side track now located on said Fourth Street about 100 feet south of Elm Street northward to the south line of Pine Street, subject to all the conditions, specifications and regulations mentioned and set forth in Ordinance No. 342 of said City of Salina. (See Sees. 23-801 to 23-809). ORDINANCE NO. 905. (Published in Salina Daily Republican Journal, Dec. 10, 1895.) 23-823. Right of way along Elm Street from Santa Fe A venue east, and along Fourth Street. ~1. The right of way is hereby granted to The Salina and Southwestern Railway Company, its suc- cessors and assigns to construct, operate and main- tain a spur to its railway upon and along the south side of Elm Street in said City, from a point 10 feet east of the point where said Elm Street inter- sects with the east side of Santa Fe Avenue, which said spur shall be of standard gauge and shall be built and constructed along the south side of said Elm Street, the center of the line of said spur to be 8 feet from the south line of said Elm Street from said point aforesaid to a point about 400 feet east from the said point of commencement, thence in a northeasterly direction in a curve line across said Elm Street and along and upon Fourth Street to a point where the same can form an intersection with the line of the Salina and Southwestern Rail- way as the same is now located on Fourth Street, at a point about 200 feet north of the south line of Elm Street where the same crosses Fourth Street. 23-824. Grades. ~2. That said spur shall be constructed and maintained at the established grade in all streets and alleys. 23-825. Construct and maintain crossings and culverts. ~3. That said railway company shall con- struct and maintain suitable crossings over said spur at all street and alley crossings; and also proper culverts and waterways along and across said spur whenever and wherever required by the Mayor and Councilmen of the said City of Salina, said cross- ings, culverts and waterways shall be constructed and maintained under the supervision of and in ac- cordance with directions of the City Engineer of said City of Salina. 23-826. Use; rights to other roads. ~4. The right of way and use of the streets and alleys de- scribed, upon which said spur is hereby authorized to be constructed shall be built, shall remain and vest in said railway company, its successors and as- signs, so long as the same shall be used as afore- said for the purpose of constructing and operating a spur for said railway, and subject to all rules, ordinances and regulations made by the Mayor and Councilmen of the said City of Salina, in the exer- cise of the lawful powers of said City, provided however, that the said City shall, at all times, have the right to make provision for other railways or street railways to cross the said spur and to pro- vide for other streets and alleys than those now in existence to cross the said spur without being required to pay damages therefor. 23-827. Switching charges; freight from other roads; forfeiture. ~5. This ordinance and the grant hereby made is upon these express conditions, that the said spur shall be constructed, completed and in operation within 6 months from the taking ef- fect of this ordinance and that the said railway company will deliver free of switching charges any carload lots of freight received by it for transporta- tion to the said City of Salina, on the said spur for the purpose of being unloaded, at the request 264 RAILROAD RIGHTS of WAY of the consignee of such freight, and will further deliver on said spur any carload lots of freight re- ceived in said City of Salina by any of the other railroads running into said City, for the purpose of being unloaded at the request of the consignee thereof upon payment by said consignee of the usual switching charges for like services, and shall also set in and upon said spur empty cars of its own or of that of other roads in like manner and for like charges, for the purpose of being loaded in the said City, when requested so to do by the party intending to ship such freight. and in case the said railway company shall fail, neglect or refuse to build and construct said spur within said time or shall fail, neglect or refuse to comply with any of the other provisions of this section, then and in that event all rights hereby granted shall revert to and revest in the said City of Salina. ARTICLE 9.-Union Pacific Railway Company. (See also Secs. 23-801 to 23-827.) ORDINANCE NO 634. (Published in Salina Daily Journal, March 6, 1888.) 23-901. Right of way across Twelfth Street. 91. That the right of way be and the same hereby is granted to the Union Pacific Railway Company to construct, maintain and operate two side tracks over and across Twelfth Street in Depot Addition to the City of Salina and run its engines, cars and trains upon the same, subject to all the conditions, speci- fications and regulations, mentioned and set forth in Ordinance No. 342 of said City of Salina. (See Secs. 23-801 to 23-809). ORDINANCE NO. 1115. (Published in Salina Daily Republican Journal, February, 1902.) 23-902. Right of way from Fourth and Elm, across Elm and along alley south of Elm. 91. That there be and is hereby granted to Union Pacific Railroad Company, its successors and assigns, the right to construct, maintain and operate a side track or spur, from a point on its side track on Fourth Street and Elm Street, over and across Elm Street, and along and upon the alley between Fourth and Fifth Streets, to a point one hundred and thirty feet south of the south line of Elm Street, subject, however, to the conditions in this ordinance con- tained. 23-903. Grades; crossings and culverts. 92. Said side track or spur shall be constructed and main- tained at the established grade of said street and alley and said railway company shall provide and Ch. 23, Art. 9 maintain suitable crossings over said track at all street and alley crossings, and shall provide and maintain sufficient culverts and waterways under the same, when, where and as directed by order of the Mayor and Council of said City. 23-904. Regulations of City. 93. The right of way herein granted shall be and remain subject to all reasonable regulations, now or hereafter en- acted by the Mayor and Council of said City. 23-905. Railroad convey alley to City. 94. The right of way herein granted is upon the express condition that said grantee shall convey, or cause to be conveyed, to said City, a right of way for an alley twenty feet wide, from Fourth Street to Fifth Street, the south line of which right of way shall be one hundred and fifty feet south of the south line of Elm Street. 23.906. Forfeiture. 95. That if said railway company fails or neglects to construct said switch or spur within eight months from this date, all the rights herein granted shall be forfeited and revert to said City. ORDINANCE NO. 1440. (Published in Salina Evening Journal, September 3, 1908.) 23-907. Right of way along North Street; Salina Alfalfa Meal Company. 91. That there be and is hereby granted to the Union Pacific Railroad Com- pany, its successors, lessees and assigns, the right to extend, maintain and operate a switch or side track from the eastern terminus of its present switch on North Street, eastward along and upon North Street and across Santa Fe Avenue to some point on the north line of Lot No.1, on Santa Fe Avenue in said City of Salina, Kansas, Provided, however, that said extension being for the benefit of the Salina Alfalfa Meal Company, it shall not be con- structed until said meal company has constructed a building for its factory on Lots Numbered 1 and 3 on Santa Fe Avenue, in the said City of Salina, Kansas. 23-908. Grades; pave crossings. 92. Said switch or side track shall be constructed and maintained at the established grade of said Santa Fe Avenue and said Union Pacific Railroad Company shall pave, with macadam, the entire space between the rails of said switch or side track and to the end of the ties thereof, on either side, the entire width of said Santa Fe Avenue and to the satisfaction and ap- proval of the Mayor and Council. . . . Ch. 23, Art. 9 RAILROAD RIGHTS of WAY ._---~-- ---.---..----.. -- -_._.._-_._-~.._---_..,._.,_.._.__.- ORDINANCE NO. 1591. (Published in Salina Evening Journal, January, 1911.) 23-909. Right of way from Fourth Street, across Fifth Street and alleys. ~1. That the right be and is hereby granted to Union Pacific Railroad Com- pany to construct, operate and maintain a railroad track for switch purposes from a connection with its present track in Fourth Street, at a point op- posite Lot 28, on Fourth Street, and southerly there- from in said Fourth Street, to a point in the east line of Lot Thirty-four (34) on Fourth Street, and across the alley in said block at a point between Lots 39 and 40 on Fifth Street and on Fourth Street and across Fifth Street from a point in the west line of Lot 41 on Santa Fe Avenue to the east line of Lot 42 on Fifth Street and across the alley be- tween said Lots 41 and 42 in Salina, Kansas, which track is shown on blue print on file with the City Clerk. 23-910. Crossings. ~2. Union Pacific Railroad Company shall at all times while maintaining and operating said switch track, keep the same properly planked within the rails the full width of all streets which it crosses or filled with suitable material at all points where it is located in said streets and alleys. ORDINANCE NO. 2034. (Published in Salina Daily Union, May 19, 1917.) 23-911. Right of way across Ninth Street. ~1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company to build, maintain and operate a switch track, and to run its trains, engines and cars thereon, across Ninth Street in the City of Salina, Kansas, at a point on a line extended west from the present switch track of the McPherson Branch of the Union Pacific Rail- road Company. 23-912. Specifications of City Engineer; paved streets. ~2. Said switch track to be built and con- structed in accordance with the plans and specifica- tions of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2060. (Published in Salina Daily Union, July 7, 1917.) 23-913. Right of way along Fourth Street and across Elm Street; connect with Lee Mercantile Switch. . Sl. That the right of way be and the same is hereby granted to the Union Pacific Rail- road Company to build, maintain and operate a switch track and to run its trains, engines and cars thereon, along Fourth Street in said City from the present terminal of its McPherson team track, north along said street to and across Elm Street in said City and connecting with the present Lee Mercantile Switch track. 23-914. Bpeciiication of City Engineer; paved stn~ets. il2. Said switch to be bUilt and cons\;ructed in accordance with the plans and specification of the City Engmeer and the Street and Alley Com- mitLee of the City of Salina, Kansas, relating to railroad crossing;:; on unpaved streets in said City. ORDINANCE NO. 2113. (f'ublished in Salina Daily Union, December 8,1917.) 23-915. Right of way across Ninth Street and along North Street. Sl. That the right 01 way be and the same i;:; hereby granted to the Union PacifIC .l:{ailroad Company to ouild, maintain and operate two ;:;witch tracks and to run its trains, engines and cars thereon across Ninth Street in the City of Salina, Kansas, between its present tracks as the same now cross Ninth Street and a point where J.'~orth Street intersects said Ninth Street and to Ouild, maintain, operate and extend one of such tracks along and across the north side of North Street at or east of its intersection with Seventh Street to connect with present McPherson Branch switch. 23-916. . Plans and specifications of City Engineer; paved streets. S2. Said switch tracks to be built and constructed in accordance with the plans and specifications of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2121. (Published in Salina Daily Union, February 22, 1918. ) 23-917. Right of way across Ninth Street, Sev- enth Street and along North Street. ~l. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company to build, main- tain and operate a switch track and to run its trains, engines and cars thereon across Ninth Street in the City of Salina, Kansas, between its present tracks as the same now cross Ninth Street and a point where North Street intersects said Ninth Street in said City; and to build, maintain and oper- ate said switch track and run its engines and cars thereon across Seventh Street, approximately twenty feet north of the intersection of North Street with said Seventh Street and along, upon and across the 265 266 RAILROAD HIGHTS of WAY Ch. 23, Art. 9 north 20 feet of North Street in said City, east of Seventh Street and between Santa Fe A venue and across Santa Fe Avenue in said City at a point beginning about 20 feet south of the north line of said North Street in said City to connect with the present Union Pacific-McPherson Branch track ap- proximately 75 feet east of said Santa Fe Avenue and to run its trains, engines and cars thereon. 23-918. Specifications of City Engineer; paved streets. ~2. Said switch tracks to be built and constructed in accordance with the plans and speci- fications of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2177. (Published in Salina Daily Union, May 11, 1918.) 23-919. Right of way along North Street. ~1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company to build, maintain and operate a switch track and to run its trains, engines and cars thereon along the south side of North Street in the City of Salina, Kansas, between the present tracks of the Union Pacific Railroad Company and the south side of said North Street and to connect said switch track with its present tracks as the same are now con- structed upon said North Street as the same may be constructed under the right given such company by the terms of Ordinance No. 2034, passed and approved by the Mayor and Council upon the 7th day of May, 1917. 23-920. Specifications of City Engineer; paved streets. ~2. Said switch track to be built and con- structed in accordance with the plans and specifica- tions of the City Engineer and Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on unpaved streets of the City of Salina. ORDINANCE NO. 2180. (Published in Salina Daily Union, May 25, 1918.) 23-921. Right of way along Fourth Street, across alley, Elm Street from Third and Ash to Main Line McPherson Branch; also switch tracks across Elm Street. ~1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company to build, maintain and operate switch tracks and to run its engines, trains and cars there- on to its freight terminal at Third and Ash Streets in the City of Salina, Kansas, from a connection with the main line track of its McPherson Branch on Fourth Street north of Pine Street along, upon and across Fourth Street in a southeasterly direc- tion over and across the alley in the block between Third and Fourth Streets and between Pine and Elm Streets in said City and over and across Elm Street in a southeasterly direction. Also two switch tracks to the transfer platform of said terminal over and across Elm Street in said City and a right of way to build, maintain and operate such other additional tracks as may be required to increase team track or freight house facilities at said freight terminal, over and across the alley in the block between said Third and Fourth Streets and between Pine and Elm Streets and over and across Elm Street between Third and Fourth Streets in said City. 23-922. Specifications of City Engineer; paved streets. ~2. Said tracks to be built and constructed across said streets in accordance with the plans and specifications of the City Engineer and the Street and Alley Committee relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2196. (Published in Salina Daily Union, July 30, 1918.) 23-923. Right of way across Ninth Street and along North Street. ~1. That the right of way be, and the same is hereby granted to the Union Pacific Railroad Company, its successors and assigns, to build, maintain and operate two switch tracks and to run its trains, engines and cars thereon, across Ninth Street in the City of Salina, Kansas, between its present tracks as the same now cross Ninth Street, and a point where North Street intersects said Ninth Street, and to build, maintain, operate and extend one of such tracks along and across the north side of North Street, at or east of its inter- section with Seventh Street, to connect with the present McPherson Branch switch. 23-924. Specifications of City Engineer; paved street. ~2. Said switch tracks to be built and con- structed in accordance with the plans and specifica- tions of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2197. (Published in Salina Daily Union, July 20, 1919.) 23-925. Right of way across Ninth Street and along North Street. ~1. That the right of way be and the same is hereby granted to the Union Paci- fic Railroad Company, its successors and assigns, to build, maintain and operate a switch track and . Ch. 23, Art. 9 RAILROAD RIGHTS of WAY 267 to .run its trains, engines and cars thereon across Ninth Street in the City of Salina, Kansas, between its present tracks as the same now cross Ninth and a point where North Street intersects with Ninth Street in said City and to build, maintain and oper- ate said switch track and run its engines and cars thereon across Seventh Street approximately 20 feet north of the intersection of North Street with said Seventh Street and along, upon and across the north 20 feet of North Street in said City, east of Sev- enth Street and between Santa Fe Avenue and across Santa Fe Avenue in said City at a point beginning about 20 feet south of the north line of said North Street in said City to connect with the present Union Pacific-McPherson Branch track, ap- proximately 75 feet east of said Santa Fe Avenue and to run its engines, trains and cars thereon. 23-926. Specifications of City Engineer; paved streets. ~2. Said switch tracks to be built and constructed in accordance with the plans and speci- fications of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, re- lating to railroad crossings, on paved streets in said City. . ORDINANCE NO. 2293. (Published in Salina Evening Journal, October 25, 1919.) 23-927. Right of way in Fourth Street; Eberhardt Switch to Walnut Street. ~1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company to construct, maintain and operate single railroad track and run its en- gines, cars and trains thereon from a point where the present Eberhardt switch terminates, the same being a point 250 feet north of Walnut Street, due south and along and upon the parking adjacent to Fourth Street in said City on the west side of said street to the north line of Walnut Street in said City. 23-928. Conditions. ~2. Said right of way is granted to said Railroad Company subject to all the conditions, specifications and regulations mentioned and set forth in Ordinance No. 342 of said City of Salina. (See Secs. 23-801 to 23-809). right of way be and the same js hereby granted to the Union .Pacific Railroad Company and The Atchison, Topeka and Santa Fe Railroad Company, their successors and assigns, to build, maintain and operate jointly a switch track and to run their trains, engines and cars thereon, along North Street and across Santa Fe Avenue in the City of Salina, Kansas, between the present Union Pacific switch track of The Robinson Milling Company and The Atchison, Topeka and Santa Fe switch track No.4 for the Shellabarger Milling Company. Said switch to be so constructed to be connected with the Union Pacific switch for The Robinson Milling Company at a point approximately 77 feet west of the west line of Santa Fe Avenue and to be connected with The Atchison, Topeka and Santa Fe Railroad switch track No. 4 at a point approximately 100 feet east of the east line of Santa Fe Avenue. 23-930. Specifications of City Engineer; paved streets. ~2. Said switch track to be built and con- structed in accordance with the plans and specifica- tions of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relative to the railroad crossings on paved streets in the City of Salina. ORDINANCE NO. 2502. (Published in Salina Evening Journal, June 3, 1922.) 23-931. Right of way from Fourth Street north of Ash, across Fourth Street, alleys, and Fifth Street to Santa Fe Avenue. ~1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company, its successors and as- signs to build, maintain and operate a switch track and to run its trains, engines and cars thereon from a connection with its railroad on Fourth Street north of Ash Street, in a northwesterly and westerly di- rection, over and across Fourth Street, over and across the alleys between Fourth and Fifth Streets and over and across Fifth Street, to the east line of Santa Fe Avenue in said City of Salina. 23-932. Conditions. ~2. Said right of way is granted to said Railroad Company subject to all the conditions, specifications and regulations mentioned and set forth in Ordinance Number 1941 of the City (Published in Salina Evening Journal, December 6, of Salina, Kansas. (See Secs. 26-401 to 26-405). 1919.) 23-933. Substitute for Ordinance No. 1171. ~3. 23-929. Joint right of way, Union Pacific and This ordinance is passed as a substitute for and to Santa Fe; along north across Santa Fe Avenue from I correct Ordinance Number un, passed and ap- Union Pacific switch track at Robinson Mill to Santa proved, January 19th, 1903, granting the aforesaid Fe Track No.4, at Shellabarger Mill. ~1. That the right of way to the Union Pacific Railway Company. ORDINANCE NO. 2300. . 268 RAILROAD RIGHTS of W A-'i- -Ch. 23, Art. 9 ORDINANCE NO. 2584. (Published in Salina Evening Journal, September 9, 1922.) 23-934. Right of way across Ninth, Eighth and Seventh Streets, north of Robinson Milling Com- pany. ~1. That a right of way be and the same is hereby granted to the Union Pacific Railroad Company, its successors and assigns to construct, maintain and operate a spur track across Ninth, Eighth and Seventh Streets in the City of Salina, Kansas, said track to commence at the east line of Ninth Street and extend in an easterly direction along the north side of the Robinson Milling Com- pany's mill. 23-935. Specifications of City Engineer; paved streets. ~2. Said spur track shall be built and con- structed in accordance with the plans and specifica- tions of the City Engineer of the City of Salina, relating to railroad crossings on paved streets in said City. ORDINANCE NO. 2842. (Published in Salina Evening Journal, August 30, 1923.) 23-936. Right of way, cross over track from Mc- Pherson Branch to Rock Island track, in Fourth Street between Pine and Elm. ~1. Union Pacific Railroad Company is hereby granted the right to construct and it and its successors and assigns the right to maintain and operate a cross over track from the present main track of the McPherson Branch of said Railroad Company, as now con- structed, to the track of the Chicago, Rock Island and Pacific Railway Company, as now constructed on Fourth Street, and which cross over track shall be located on Fourth Street between Pine Street and Elm Street. 23-937. Conditions. ~2. Said cross over track shall be constructed, maintained and operated in accordance with the laws of the State of Kansas, and the ordinances of the City of Salina. ORDINANCE NO. 2867. (Published in Salina Evening Journal, October 24, 1923.) 23-938. Right of way across Elm Street between Third and Fourth Streets. ~1. Union Pacific Rail- road Company is hereby granted the right to con- struct, and it and its successors and assigns the right to maintain and operate a standard gauge railroad track over and across Elm Street in the City of Salina, Kansas, in a location described as follows: Beginning on the south line of Lot No. 48 at a point approximately 40 feet west from the south- east corner thereof, said lot being on the north side of Elm Street between Third and Fourth Streets, thence running ina southeasterly direction across Elm Street to an intersection with the north line of Lot No. 50 on the south side of said street at a point approximately 30 feet west from the northeast corner of said Lot No. 50, provided however, that no switch points constructed or used in connection with any other track shall be placed in said Elm Street or at any point between the north and south lines of said street, and in case the switch frog is placed in said Elm Street, it shall be blocked so as to make it safe in the use of the said street. 23-939. Crossings; paving. ~2. Said railroad track and the paving and street crossings affected thereby shall be constructed, maintained and oper- ated in accordance with the laws of the State of Kansas and the ordinances of the City of Salina, now in force or hereafter adopted. ORDINANCE NO. 2870. (Published in Salina Daily Union, October 13, 1923.) 23-940. Right of way across Third and Elm Streets and along alley from Elm to Ash. ~1. Union Pacific Railroad Company is hereby granted the right to construct and it and its successors and as- signs the right to maintain and operate a standard gauge railroad track over and across Third Street and Elm Street and through the alley in the block bounded by Second, Ash, Third and Elm Streets in the City of Salina, in a location described as fol- lows: Beginning at a point in the east line of Lot 46 on Third Street; thence in a southeasterly di- rection across Third Street the intersection of Third and Elm Streets and across Elm Street to a point in the south line of Elm Street which is located in the north line of Lot 49 on Third Street, also through a portion of the alley in the block bounded by Sec- ond, Ash, Third and Elm Streets from the south line of Elm Street to the north line of Ash Street, the center line of said track to be 1 % feet west of the west line of said alley, provided that the top of ties of said track shall not extend above the surface of the alley. 23-941. Conditions. ~2. Said railroad track shall be constructed, maintained and operated in accor- dance with the laws of the State of Kansas, and the ordinances of the City of Salina, now in force or hereafter enacted. ORDINANCE NO. 2950. (Published in Salina Evening Journal, March 8, 1924.) 23-942. Right of way across Fourth Street, Fifth Street and alleys between Pine and Elm to Santa Fe Avenue. ~1. Union Pacific Railroad Company is . . . Ch.23, Art. 9 RAILROAD RIGHTS of WAY 269 hereby ~ranted the right to construct and it and its s.uccessoJ.'s . and assigns the right to maintain and operate a standard gauge railroad track over and across Fourth Street and Fifth Street and across the alley in the block bounded by Fourth, Elm, Fifth and Pine Streets and across the alley in the block bounded by Fifth, Elm, Santa Fe and Pine Streets in the City of Salina, in a location described as fol- lows: Extending in a curved line from a connec- tion with its present track in Fourth Street, at a point opposite Lot 32 on Fourth Street, southwes- terly across Fourth Street to a point in the east line of Lot 38 on Fourth Street; across the alley between Fourth and Fifth Streets at a point be- tween Lots 44 on Fourth Street and 43 on Fifth Street; across Fifth Street at a point approximately 100 feet north of the north line of Elm Street and continuing west in a straight line parallel with the north line of Elm Street across the alley between Fifth Street and Santa Fe Avenue to a point in the east line of Santa Fe Avenue. 23-943. Conditions. ~2. Said railroad track shall be constructed, maintained and operated in accor- dance with the laws of the State of Kansas and the ordinances of the City of Salina now in force or hereafter enacted. ORDINANCE NO. 3120. (Published in the Salina Evening Journal, June 20, 1925.) 23-944. ~1. Union Pacific Railroad Company is hereby granted the right to construct, and it and its successors and assigns the right to maintain and operate a standard gauge railroad track over and across the unnamed street between Blocks 5 and 6 in Depot Addition; over and across the alley ex- tending in an easterly and westerly direction through said Block 5 in Depot Addition, and upon and along the alley extending in a northerly and southerly di- rection through the location shown on the blue print attached to this ordinance and made a part thereof, and described as follows, to-wit: Commencing at a point on the north line of said Block Six (6) in Depot Addition, which is approxi- mately one hundred five (105) feet distant east of the east line of Tenth Street and running thence northerly across the unnamed street between said blocks Five (5) and six (6) and across Lots Seven- teen (17) and Eighteen (18) in said Block Five (5) to a point one hundred eighteen and five tenths (118.5) feet distant west, at right angles, from the east line of said Block Five (5); running thence north on a straght line, parallel with said east line of Block Five (5) across said Lot Seventeen (17), over an<;i across the alley extending in an easterly and westerly direction through said Block Five. (5) and upon and along the alley extending in a northerly and southerly direction through said Block Five (6) to a point in the north line, extended, of said Block Five (5). 23-945. ~2. That in consideration of the rights granted to said railroad company, its successors and assigns by Section One (1) of this ordinance, said railroad company, its successors and assigns shall construct and maintain suitable crossings over said tracks at all street and alley crossings and proper culverts and waterways along 01' under said tracks wherever and whenever required by the Board of Commissioners of the City of Salina; said tracks and crossings shall be constructed and maintained at the established grades of such street and alley, and such street or alley crossings shall be properly planked within the rails and to the end of the ties outside of such rails; the crossing of said street to be maintained and planked to the satisfaction of the Board of Commissioners for width of not less than 30 feet and, whenever the Board of Commis- sioners shall so direct, for the full width of such street. Whenever said street or alleys, or either of them shall be paved said company, its successors and assigns shall pave between said rails and to the end of the ties outside of said rails with the same material with which the street or alley is paved and, whenever any sidewalks shall be con- structed along said street, shall construct and main- tain proper sidewalks across said tracks in such manner as the Board of Commissioners may direct. Such crossings, pavement and sidewalks to be main- tained by said company, its successors or assigns, to the satisfaction of the Board of Commissioners. 23-946. ~3. That the use of the right herein granted and the construction by said company of its tracks across and along said street and alleys shall be deemed an acceptance of this ordinance by said company, its successors and assigns. ORDINANCE NO. 3134. (Published in the Salina Evening Journal, July 30, 1925.) 23-947. ~1. Union Pacific Railroad Company is hereby granted the right to construct, and it and its successors and assigns the right to maintain and operate a standard gauge railroad track in Fourth Street in the City of Salina, Kansas, in a location described as follows: Beginning at a switch connecting said track with the main line track of the McPherson Branch of 270 RAILROAD RIGHTS of W A-'{ Ch. 23, Art. 9 Union Pacific Railroad Company, at a point 282/ of Ordinance No. 1660 of said city, be and the' same feet south of the south line of Elm Street, thence is hereby reopened for use asa public alley of said nOJ;therly in Fourth Street parallel with and fifteen I City, the portion of said alley so reopened lying in (15) feet distance easterly from the center of the I the rear of and adjacent to lots. 43, 45, 47 and the main line track of the McPherson Branch of Union I south 20.5 feet of lot 41 on Santa Fe Avenue and Pacific Railroad Company across the intersection of lots. 44, 46, 48 and the south 20.5 feet of lot 42 on Elm and Fourth Streets, thence northerly in Fourth Fifth Street in said City, according to the original Street, curving eastwardly to a point approximately plat thereof. twenty (20) feet north of the south line of lot thirty- seven (37), on Fourth Street in said City of Salina, Kansas. 23-948. S2. Said railroad tracks and the paving, street crossings and drains now or hereafter affected thereby shall be constructed, maintained and oper- ated at a grade to be fixed and approved by the City Engineer and in accordance with the laws of the State of Kansas and the ordinances of the City of Salina now in force or hereafter adopted; it being a condition of this grant, which is accepted by said Union Pacific Railroad Company, its successors or assigns, that all such paving, s.treet crossings and drains affected by such construction shall be replaced or constructed in accordance with the directions and subject to the approval of the City Engineer of the City of Salina, at the expense of said Company, and any paving or drains hereafter constructed in the streets above mentioned, between the rails of said track and eighteen (18) inches outside of said rails shall be paid for by said Company, its successors or assigns. 23-951. S2. That a right of way be, and the same is hereby granted to the Union Pacific Railroad Com- pany, its successors and assigns, to maintain and operate the existing railroad tracks now extending across said alley, and to run its trains, engines and cars thereon. 23-952. S3. That the right is hereby granted to said Union Pacific Railroad Company, its successors and assigns, to construct, maintain and operate such additional railroad tracks on or across the alley hereby reopened as may be required for the con- venience or the purposes of said railroad company in such a manner as not to unreasonably interfere with the use of the described premises for the pur- poses of a public alley. 23-953. S4. This ordinance when enacted shall operate 'as a contract between said railroad company, and said city. ORDINANCE NO. 3556. (Published in The Salina Journal, June 27, 1928.) ORDINANCE NO. 3307. 23-954. Right of way across Elm Street and along (Published in the Salina Journal, November 4, 1926.) west side of Third Street. Subject to the conditions contained in this ordinance, Union Pacific Railroad 23-949. Whereas, the alley running north and Company is hereby granted the right to construct, south between Santa Fe Avenue and Fifth Street and it and its successors and assigns the right to north of Elm Street, in the City of Salina, Kansas, maintain and operate a standard gauge railroad was vacated by action heretofore duly taken by the track .over and across Elm Street and along the Mayor and Councilmen of said City, by ordinance west side of Third Street just immediately south of No. 1660, passed and approved June 17th, 1912; and the intersection of Elm and Third Streets in the Whereas, in the opinion of the Board of Commis- City of Salina, the center line of said track being sioners of said City it is necessary ,that said alley, described as follows: ten feet in width, be reopened with the limits here- Beginning at a point in the east line of Lot 48, on inafter defined; and Third Street, Salina, Kansas, thence in a southerly Whereas, no permanent improvements have been direction on a 15 degrees curve to the right and erected on said portion of said alley, since its vaca- I tangent produced along west side of Third Street tion as aforesaid; now therefore I and across Elm Street to a point on the south line Be It Ordained by the Board of Commissioners of Elm Street 2.1 feet easterly from the northwest of the City of Salina, Kansas: corner of Lot 50 on said Third Street; thence south and parallel with the west line of Third Street and 2.1 feet distant therefrom a distance of 210 feet more or less to end of track. 23-950. g1. That the south 170.5 feet of the North and South alley, ten feet in width, lying between Santa Fe A venue and Fifth Street, and running north from Elm Street, in the City of Salina, Kan- sas, the same having been vacated by the provisions 23-955. Conditions. S2. Said railroad tracks shall be constructed, maintained and operated in ac- . Ch. 23, Art. 9 RAILROAD RIGHTS of WAY 271 cordance with the laws of the State of Kansas and the ordinances of the City of Salina now in force or hereafter enacted, and all paving, sidewalks, crossings and drainage, crossed or affected by such track, or which, as now existing or hereafter pro- vided for, cross or affect such track, shall be con- structed, reconstructed and maintained by said gran- tee, its successors and assigns in such manner as may be required by the governing body of said city. Upon failure to comply with any such requirements, the city may at the expense of the grantee, its suc- cessors and assigns, proceed to do any such work as may have been required hereunder. 23-956. Acceptance of Conditions. ~3. The exer- cise of any cf the privileges herein granted, shall constitute an acceptance by the grantee, its succes- sors and assigns of all of the conditions of this ordinance. . ORDINANCE NO. 3588. (Published in The Salina Journal, Aug. 11, 1928.; 23.957. Right of way across North Street between Ninth Street and Eleventh Street; also through Depot Addition. S1. Union Pacific Railroad Com- pany is hereby granted the right to construct, an~ it and its successors and assigns the right to main- tain and operate four standard gauge railroad tracks over and across North Street, as established by Ordinance No. 3499, dated January 28, 1928, between Ninth Street and Eleventh Street, and one standard gauge railroad track over and across the alley ex- tending in an easterly and westerly direction through Block 5 in Depot Addi,tion and upon and along the alley extending in a northerly and southerly direc- tion through said Block 5, the center lines of such track being along courses described as follows, to- wit: Track No. 1. Commencing at a point on the south line of North Street approximately 144 feet wes- terly from the west line of Ninth Street, when meas- ured along said south line of Ninth Street; thence in a northerly direction, curving to the left to a point on the north line of said North Street ap- proximately 122 feet west of said west line of Ninth Street, when measured along said north line of North Street. Also, commencing on the north line of Lot No. 17, in Block 5, of Depot Addition ancl running thence north on a straight line parallel with and approxi- mately 118.5 feet west, at right angles, from the east line of said Block 5 over and across the alley extending in an easterly and westerly direction . through said Block 5, and upon and along the alley extending in a northerly and southerly direction through said Block 5 to a point in the north line, extended, of said Block 5. Track No.2. Commencing at a point on the south line of North Street approximately 166 feet wes- terly from the west line of Ninth Street when meas- ured along said south line of North Street, thence in a northerly direction, curving to the left, to a point on the north line of said North Street ap- proximately 137 feet westerly from said west line of Ninth Street, when measured along said north line of North Street. Track No.3. Commencing at a point on the south line of North Street approximately 497 feet westerly from the west line of Ninth Street, when measured along said south line of North Sheet; thence in a northerly direction, curving to the left, to a point on the north line of said North Street approximately 472 feet westerly from said west line of Ninth Street, when measured alon~ said north line of North Street. Track No.4. Commencing at a point on the south line of North Street approximately 517 feet westerly from the west line of Ninth Street, when measured along said south line of North Street, thence in a northerly direction, curving to the left, to a point on the north line of said North Street approximately 488 feet westerly from said west line of Ninth Street, when measured along said north line of North Street. 23-958. Conditions. ~2. Said railroad tracks shall be constructed, maintained and operated in ac- cordance with the laws of the State of Kansas and the ordinances of the City of Salina now in force or hereafter enacted, and all paving, sidewalks, crossings and drainage, crossed or affected by such track, or which, as now existing or hereafter pro- vided for, cross or affect such track. shall be con- structed, reconstructed and maintained by said gran- tee, its successors and assigns, in such manner as may be required by the governing body of said city. Upon failure to comply with any such requirements, the city may at the expense of the grantee, its suc- cessors and assigns, proceed to do any such work as may have been required hereunder. 23-959. Acceptance of Conditions. ~3. The exer- cise of any of the privileges herein granted, shall constitute an acceptance by the grantee, its succes- sors and assigns of all of the conditions of this ordinance. 272 RAILROAD RIGHTS of WAY , Ch. 23, Art. 9 ORDINANCE NO. 3589. constitute an acceptance by the grantee, its succes- (Published in The SalilUl Journal, Aug. 11 1928) SOl'S andp assigns of all of the conditions of this .... ,. ordinance. 23-960. Right to extend Weber Mill Spur east in North Street and across Ninth Street. ~1. Union Pacific Railroad Company is hereby granted the (Published in The Salina Journal, March 13, 1929.) right to extend Weber Mill spur east thirty (30) feet in North Street and west across Ninth Street in the City of Salina, Kansas, the location of the proposed extension being more particularly described as follows: Commencing at a point in the east line of Ninth Street produced north twenty-one and five tenths (21.5) feet northerly from the southeast corner of Ninth and North Streets in Salina, Kansas; thence westerly across Ninth Street parallel with the pres- ent spur track known as Weber Mill spur track No. 1, and thirteen (13) feet distant northerly therefrom to the west line of Ninth Street; thence westerly on Union Pacific property a distance of two hun- dred and forty (240) feet more or less to a connec- tion with the present Weber Mill spur track No.1. Also commencing at the east end of the present Weber Mill spur track No.2 as now located in North Street opposite center of Lot No. 2 on Seventh Street in original town of Salina; thence east in North Street a distance of thirty (30) feet parallel with present Weber spur No.1 and thirteen (13) feet distant therefrom, as shown on print K. D. 8746, dated June 18, 1928. 23-961. Conditions. ~2. Said railroad tracks shall be constructed, maintained and operated in ac- cordance with the laws of the State of Kansas and the ordinances of the City of Salina now in force or hereafter enacted, and all paving, sidewalks, crossings and drainage, crossed or affected by such track, or which, as now existing or hereafter pro- vided for, cross or affect such track, shall be con- structed, reconstructed and maintained by said gran- tee, its successors and assigns, in such manner as may be required by the governing body of said city. Upon failure to comply with any such requirements, the city may at the expense of the grantee, its suc- cessors and assigns, proceed to do any such work as may have been required hereunder. 23-962. Acceptance of Conditions. ~3. The exer- cise of any of the privileges herein granted, shall ORDINANCE NO. 3679. 23-963. Right to extend existing track along l"ourth Street, between Iron Avenue and Walnut Street. lil. Union Pacific Railroad Company is hereby granted the right to extend, reconstruct and relocate, and it and its successors and assigns are hereby granted the right to maintain and operate, the present existing switch track, or spur, over, across and along Fburth Street in the City of Salina between Iron A venue and Walnut Street, connect- ing with the main track of its McPherson Branch right of way, in accordance with the blue print or drawing showing such proposed extension and re- location which is attached hereto and marked Ex- hibit "A" and made a part of this ordinance by reference, said drawing being dated June 16th, 1926, and being referred to as "Drawing K. D. 7840". 23-964. Conditions. s2. Said railroad tracks as constructed or reconstructed in Fourth Street, in- cluding that part of Fourth Street now used as such by the City of Salina under a certain lease agree- ment between said city and said Union Pacific Rail- road Company, shall be constructed, maintained and operated in accordance with the laws of the State of Kansas, and the ordinances of the City of Salina now in force or hereinafter enacted, and all paving, sidewalks, crossings and drainage, crossed or af- fected by such track or tracks, or which as now existing or hereafter provided for, cross or affect such track, shall be constructed, reconstructed and maintained by said grantee, its successors and as- signs, in such manner as may be required by the governing body of said city and upon failure to comply with any such requirements, the City may at the expense of the grantee, its successors and as- signs proceed to do any such work as may have been or may be required hereunder. 23-965. Acceptance of Conditions. s3. The exer- cise by said grantee of any of the provisions herein granted shall constitute an acceptance by the gran- tee, its successors and assigns, of all of the condi- tions of this ordinance. . . . eh. 23, Art. 10 RAILROAD RIGHTS of WAY 273 ARTICLE 10.-0rdinances and Contracts with Rail. roads Relating to Union Station. 23-1001. Appropriation of land for Union Station purposes. Ordinance No. 1703 passed March 17th, 191a, declares the necessity of providing rights of way 101' certain railway companies into, through and out of, and a site for, the Union Station to be built in the City of Salina and authorizes the taking and condemning of certain real estate in said ordinance de:,cribed, together with such additional real estate as the Mayor and Council may thereafter designate for such purposes, and provides for the appointment of appraisers for the purpose of ascertaining the damages sustained by the owners of said real estate. By resolution adopted by the Mayor and Council on April 21st, 1913, certain other real estate was determined to be necessary to be taken for the pur- poses mentioned in Ordinance No. 1703, the descrip- tion thereof being set out in full in such resolu- tion which is of record in the journal of the pro- ceedings of the Council of the date last mentioned. 23-1002. Contract between the Missouri Pacific Railway Company and the City of Salina. Ordinance No. 1768 passed by the Mayor and Council on June 1st, 1914, constitutes a contract between the Mis- souri Pacific Railway Company and the City of Salina by which it is provided that the railway com- pany shall conveyor cause to be conveyed to the City certain real estate therein described (subse- quently used for street purposes and opened as Bishop Street) in consideration of which the City agreed to conveyor cause to be conveyed to the Missouri Pacific Railway Company certain real estate in said ordinance described and by which was purchased by the City and conveyed to the Missouri Pacific Railway Company for the con- struction, operation, etc., of the company's rail- road tracks over and across the following streets mentioned in said ordinance. It being further provided that such agreement shall become ef- fective on June 10th, 1914, and continue in full force and effect so long as the company, its les- sees, successors or legal assigns shall operate any railroad into the City of Salina. Ordinance No. 1772 passed June 15th, 1914, consists of a supple- mental agreement supplementing the contract set out in Ordinance No. 1768 correcting a mistake con- tained in such original contract. 23-1003. Appropriation for payment of land. Ordinance No. 1802 passed November 16th, 1914, provides an appropriation of $4,906.80 for the pay- ment of certain real estate purchased from the Chicago, Rock Island & Pacific Railway Company, being a part of the real estate described in Ordi- nance No. 1768 and which it granted the right of way to said railway company for Pacific Railway Company. 23-1004. Contract between the Chicago, Rock Island and Pacific Railway Company, the Missouri Pacific Railway Company and the City of Salina. Ordinance No. 1769 passed June 1st, 1914, consti- tutes a contract between the two railway companies mentioned and the City of Salina by which the City agrees to provide for such two railway companies certain rights of way necessary to permit such com- panies to properly serve the Union Passenger Sta- tion and the City agrees to conveyor cause to be conveyed to said two companies, each an undivided one-half interest in and to certain real estate therein described, such contract to become effective on June 10th, 1914, and continue in full force and effect as long as either of said companies, their lessees, successors or legal assigns shall operate any rail- road into the City of Salina. 23-1005. Authorizing conveyance of land to Mis- souri Pacific Railway Company. Ordinance No. 1815 passed January 18th, 1915, authorizes the Mayor and City Clerk to execute and deliver to the Mis- souri Pacific Railway Company a deed to certain real estate described in Ordinance No. 1768 and an undivided one-half interest in and to the real estate described in Ordinance No. 1769. 23-1006. Authorizing conveyance of land to the Chicago, Rock Island & Pacific Railway Company. Ordinance No. 1814 passed January 18th, 1915, authorizes the Mayor and City Clerk to execute and deliver to the Chicago, Rock Island & Pacific Rail- way Company a deed to an undivided one-half inter est in certain real estate described in Ordinance No. 1769. 23-1007. Appropriation for payment. Ordinance No. 1807 provides for an appropriation of $1,500.00 for the payment to F. L. Weaver for certain real estate purchased by the City for the use of the Mis- souri Pacific Railway Company as authorized by Ordinance No. 1768. 23-1008. Appropriation for payment. Ordinance No. 1841 provides for an appropriation of $564.60 for the payment to the Atchison, Topeka & Santa Fe Railway Company for certain real estate pur- chased from said company for the use of the Mis- souri Pacific Railway Company. 23-1009. Authorizing conveyances to Union Paci- fic Railway Company, Atchison, Topeka & Santa Fe Railway Company, Chicago, Rock Island & Pacific 274 RAILROAD RIGHTS of WAY Ch. 23, Art. 10 Railway Company and Missouri Pacific Railway Company. Ordinance No. 1899, passed and approved October 18th, 1915, provides for the execution and delivery on behalf of the City of quit claim deeds conveying to each of the following grantees, to-wit: the Union Pacific Railway Company, Atchison, To- peka & Santa Fe Railway Company, Chicago, Rock Island & Pacific Railway Company and the Missouri Pacific Railway Company each an undivided one- fourth interest in and to certain real estate de- scribed in said ordinance for the purpose of furnish- ing said companies with rights of way necessary to permit said companies to properly serve the Union Passenger Depot in said City and such ordi- nance provided that said deeds should be delivered upon the cpmpletion and opening of 12th Street from Bishop Street to North Street. 23-1010. Authorizing conveyance to Missouri Paci- fic Railway Company and Chicago, Rock Island & Pacific Railway Company. Ordinance No. 1935 passed and approved April 17, 1916, provides for the execution and delivery of a quit claim deed on behalf of the City to the Missouri Pacific Railway Company and the Chicago, Rock Island & Pacific Railway Company, conveying to each an undivided one-half interest in and to said real estate in said ordinance described. . . - Ch.23, Art. 11 RAILROAD RIGHTS of WAY 275 ARTICLE 11.-St~eet Lights. at Railroad- Crossin~s. ORDINANCE" NO. 4027. (PubHshed in: The SaHna Journal, March 7, 1931.) An .ordinance requiring certain railway companies to Hght certain streets in the City of Salina; pro- viding that the cost thereof shall be a lien upon the property and franchises of such companies and for the assessment and taxation of such cost against such property and franchises, and repeaHng ordi- nance No .3995. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: 23-1101. Railway Companies required to light certain streets. ~1. That the Board of Commission- ers of the City of Salina, Kansas, deem it necessary that the streets and street intersections in the City of Salina as specifically mentioned in the following sections of this ordinance, over, along and across which the railway lines and tracks owned and/or operated by railway companies, be lighted, and that such railway companies be required to adequately light the same in accordance with the provisions and authority contained in Section 13-904 of the Revised Statutes of Kansas 1923. 23-1102. Same; streets designated. ~2. That the following named Railway companies shall install and maintain, or where this is an existing Hght at the street intersection or at the point hereinafter desig- nated on any street, such railroad companies shall maintain, street Hghts sufficient to adequately light such street intersections, at the following points where the railway lines or tracks of such companies nm over, along or across such streets, to-wit: Santa Fe Avenue and the main line of the Union Pacific Railroad, to be installed and/or maintained by the Union Pacific Railroad Company; Santa Fe Avenue and North Street to be installed and/or maintained jointly by the Union Pacific Rail- road Company and the Atchisan, Topeka & Santa Fe Railroad Company; Third and Elm Street, to be installed or main- tained by the Union Pacific Railroad Company; Fourth and Elm Streets, to be installed and/or maintained by the Union Pacific Railroad Company; Seventh and North Streets, to be installed and/or maintained by the Union Pacific Railroad Company (one-half of cost of maintenance to be paid by the City of Salina); Ninth Street and the main line of the Union Paci- fic Railroad Company, to be installed and/or main- tained by the Union Pacific Railroad Company; Fourth and Ash Streets, to be installed and/or maintained by the Union Pacific Railroad Company; Fou~th Street, 150 feet south of Iron A venue, to be installed and/or maintained by the Union Pacific Railroad Company; Fifth and North Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka & Santa Fe Railroad Company (one-third of the cost of main- tenance to be paid by the City of Salina); North and Fourth Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company, and the Atchison, Topeka & Santa Fe Railroad Company; Ohio Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Seventh Street, midway between the main Hne tracks of the Atchison, Topeka & Santa Fe Railroad Company, and The Chicago, Rock Island & Pacific Railroad Company, to be installed and/or maintained jointly by such companies; Ninth Street, midway between the main line tracks of the Atchison, Topeka & Santa Fe Rail- road Company and The Chicago, Rock Island & Paci- fic Railroad Company, to be installed and/or main- tained jointly by such companies; Third and North Streets, to be installed and/ or maintained by the Chicago, Rock Island & Pacific Railroad Company, (one-half of cost of mainten- ance to be paid by the City of Salina); Fifth Street, at the crossing of the tracks of the Chicago, Rock Island & Pacific Railroad Company between Pine and North Streets, to be installed and/or maintained by said railroad company; Santa Fe Avenue, between Pine and North Streets to be installed and/or maintained by the Chicago, Rock Island & Pacific Railroad Company; One light at the intersection of each of the follow- ing streets with the main line of the Missouri Paci- fic Railroad Company, to-wit: Elm Street; Park Street; Ash Street; State Street; Crawford Avenue; Ohio Street; Second Street; Third Street; Fifth Street (at Pine Street); Santa Fe Avenue; Seventh Street and Ninth Street; such lights to be installed and/or maintained by the Mis- souri Pacific Railroad Company, with the exception of the Ninth Street Hght to be maintained jointly with the city. Walnut Street and the main line of the Missouri Pacific Railroad Company, to be installed and/or maintained by said company, (one-half of the cost of maintenance to be paid by the City of Salina); North Street and Arthur Street, to be installed and/or maintained by the Missouri Pacific Railroad 276 RAILROAD RIGHTS of WAY Ch. 23, Art. 11 Company (one-half of. the. cost to be. paid. by. the City of Salina); Front Street and the tracks of the Missouri Paci- fic Railroad Company. at Pine Street; to beinstaUed and/ or maintained by said company (one-half of cost of maintenance to be paid. by the City of Salina) ; Eighth Street and the tracks of the Missouri Paci- fic Railroad Company at Pine Street to be installed and/or maintained by said company (one-half of the cost of maintenance to be paid by the City of Salina) ; 23-1103. Same; requirements. ~3. That the rail- road companies mentioned in the preceding sections of this ordinance be and they are hereby required to light the streets and crossings above described, at the points in the preceding sections described, 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 type with capacity of not less than four hundred candle power, except that if the Board of Commissioners deem proper lights of a different kind of less capacity may be installed and/or main- tained at such points, provided that special permis- sion for any such change shall be first secured from the Board of Commissioners. 23-1104. Same; installation of lights. ~4. That said railroad companies shall have the right to fur- nish, install and maintain such lights themselves to contract with any other person, firm or corporation for such lighting, and to pay the cost and main- tenance thereof direct to any such person, firm or corporation, or may pay the cost of such installa- tiQn .and maintenance to th\! City or- Salina, in which event, upon the written a~reement to any such rail- road company .to pay such cost, the City of Salina shall' install or cause i.lie' installation of such lights and maintain the same as a part of its street light- ing system and collect the cost of such installation and maintenance from such railroad companies. 23-1105. Same; failure of companies to comply; taxation of costs. ~5. If any of such railroad com- panies shall fail, refuse or neglect to install and/or maintain any of such lights as in this ordinance required, the City of Salina may install and/or main- tain the same or contract with any person, firm or corporation for such installation and/or main- tenance and the cost of such installation and/or maintenance shall be charged against any such rail- road 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 prop- erty of such company in the same manner as other taxes are levied. 23-1106. Same; Time lights required. ~6. All lights required by this ordinance 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 on the following day, and in any event during all hours on each day when other street lights of the City of Salina are kept burning. 23-1107. of the City repealed. Repeal. ~7. That Ordinance No. 3995 of Salina be and the same is hereby (Published in the ~lina Journal January 14, 1944) ;, ORDINAl~CE NO. 5044 AN ORDn~ANCE providing for crossing Fourteenth Street, Fifteenth Street, Railroad Street, Elm Street, Chicago Street, Olive Street, and adjacent alleys, City of Salina, Saline County, Kansas, by the Atchison, Topeka and Santa Fe Railway Company tracks at grade and the maintenance thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Aansas; . Section 1. Grade of Crossing. The Atchison, Topeka and Santa Fe Railway Company is hereby granted permission to construct, operate, maintain, repair and renew railway tracks over and across :F'ourteenth street, J:i~ifteenth (formerly College) Street, Railraod Street, Elm street, Chicago Street, and Olive Street; the north and south alley in Weaver's Second Addition in the Block bounded by Fifteenth (formerly College ~ Street, Fourteenth Street, the Missouri Pacific Railway and Union Pacific Railroad; the north and south alley and east and west alley in Weaver's Second Addition in Block bounded by Fifteenth (formerly College) Street, Elm street, Railroad Street, and Union Pacific Railroad, the east and west alley in Block Fourteen, Elmdale, a sub- division of land as designated on the r~corded plat of said subdivision; and the street or alley southwesterly of Park 1, in Elmdale, at grade thereof, between its present bridge over Dry Creek. Section 2. Mainteaance at cross ing and drainage. That the Atchison, Topeka and Santa Fe Railway Company shall keep, maintain and provide at its own expense, substantial and sufficient crossings and approaches of its rail- road track or tracks for each street crossing, provided for in Section 1 of this ordinance, and that such The Atchison, Topeka and Santa Fe Railway Copany shall maintain all necessary culverts under said track or tracks for normal and ordinary drainage. Section 3. The ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, January 3, 1944 Passed by Board of Commissioners January 10, 1944 Ed Morgenstern .lIiJ.ayor .- Attest: Chas. E. Banker City Clerk -- (Published in the Salina Journal 1944 ) ORDIl~ANCE NO. 5056 AN ORDlllANCE to change the name of a street beginning at the north line of walnut Street and west of the Missouri Pacific Railroad. thence north along the Missouri Pacific right-of-way to Elm Street. along the east side of Leavenworth Addition. replat of Dodge's Addition. Surveyor's plat No. 31 and Elmdale Addition. for.merly known as Rail- road Street to be changed to West Place. BE IT ORDAINED by the Board of Commissioners of the City of Salina. Kansas: . Section 1. That the name of Railroad Street in the City of Salina. Kansas. from the north line of Walnut street and. west of the Missouri Pacific right-of-way to Elm Street. along the east side of Leavenworth Addition replat of Dodge's Addition. Surveyor's pl&t No. 31 and ~lm Street. be and the same is hereby changed to West Place. Section 2. This ordinance shall take effect and be in full force from and after its publication once in the official city paper. Introduced for first reading June 5. 1944 Passed and approved June 12, 1944 Ed Morgenstern Mayor Attest Chas. E. Banker City Clerk - - 1946 ) (Published in the oalina Journal ORDIHANCE HO. 0140 A1~ ORDINAl~CE granting the Missouri Pacific Railroad Company, its successors and assigns, the right to construct, reconstruct and maintain a s~andard gauge railroad switch or spur track, at grade thereof, over, upon and across North Seventh Street, in the Original Tb\vn of Salina, Saline County, Kro1sas and providing for the maintenance thereof. BE IT ORDAn~ED by the Board of Commissioners of the Ci i;-.J of Sal ma, Kansas: Section 1. The Missouri Pacific Railroad Cblnpany, its successors and assigns,--rs-hereby granted permission to construot, reconstruot, maintain and operate a switch or spur track of: standard gauge over, upon and across North Seventh Stree"t in SaL_na, KaJlSuS, at grade thereof, and tho_t the north 1 ine of the cvdtch or ,::;p'u' track to intersect the east liEe c.i' Se7enth Street at a point sixty five (65) feet south, more or less, cf the point of intersectirT\ of the east line of Seventh street and the south line of Pine street, all in said city. e Section 2. Said railroad track shall be constructed, maintained and operated in accordance vdth the laws of the State of Kansas and the ordin- ances of the City of Salina now in force or hereafter enacted, end all paving, sidewalks, crossings and drainage, crossed or affected by such track, or which as now existing or hereafter provided for, which cross or affect such track, shall be constructed, reconstructed and maintained by said grantee, its successors and assigns, in such manner as may be required by the governing body of said city. Upon failure to comply with any such requirements, the city may at the expense of the grantee, its successors and assigns, proceed to do rolY such work as may t~ve been required hero- under. Section 3. 1'he exercise of any of the privileges herein granted, shall constitute an acceptance by the grantee, its successors and assigns of all of the conditions of this ordinance. Section 4. This ordinance shall take effect and be in force from and after its passage and publication once in the official city paper. Introduced, February 25, 1946 Passed, March 4, 1946 Llovd W-. Price Acting myor - Attest: Chas.E. Banker City Clerk . Ch. 24, Alt. 1 SEWERS.-Regulations. 277 CHAPTER 24.-SEWERS. (See 13-1013, 13-1029, G. S. 1935). NOTE: For information relating to all Main sewers, Lateral Sanitary sewers, and Storm sewers, the location, sewer numbers, and references to ordi- nances creating and designating the districts there- to, see index file in office of City Engineer. Article . l.-lVliscellaneous; Sewer Regulations and Provisions.-24-101 to 24-105. 2.-Special Sewer Permits.-24-201 to 24- 208. ARTICLE I.-Miscellaneous-Sewer Regulations and Provisions. (For other Sections see Plumbing Code, Streets, Public Health, etc.) 24-101. City right to connect with private drains. The City shllll have the right at all times to connect with and use any p1'ivate drain built upon any pub- lic street, alley or highway for draining the streets or for any public purpose, and also to reconstruct or to close up or disconnect from said City sewers any drain constructed in violation of the provisions of this ordinance, or which, from any cause, may have become a nuisance. (~4, Ord. 1143, 7-21-02). . 24-102. Not to connect cess pools with sewers; damaging property, etc. No person or corporation . I shall connect any pen, gutter, cess pool, privy vault or cistern with any public sewer, 01' with any pri- vate sewer connecting in any way with the public sewers, and no person or corporation shall deposit any garbage, offal, dead animals, filth or any sub- stance having a tendency to obstruct the flow of sewerage and drainage, or damage by breaking any manhole, lamphole, flush tank, sewer connection or opening. (~6, Ord. 1143,7-21-02). 24-103. Violation of Section 24-302, penalty. That any person, corporation or company who shall vio- late any of the foregoing provisions of this ordi- nance, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding One Hundred Dollars. (~9, Ord. 1143, 7-21-02). 24-104. Sewage Disposal Plant. Ordinance No. 3312, 11-23-26, providing for the building and con- struction of a system of disposal works. Ordinance No. 3324, 1-10-27, authorizing and directing issu- ance of general improvement bonds to pay costs or construction. 24-105. Sewage Pumping Station, Eleventh and Wilson. Ordinance No. 3568, 7-2-28, providing for the construction of a pumping station on main sewer "P" on Eleventh Street at Wilson. . ARTICLE 2.-Special Sewer Permits. SEWERS.-Regulations. 279 Ch. 24, Art. 2 24.201. Union Pacific sewer in and across certain streets. That Union Pacific Railroad Company is hereby authorized and empowered to construct and use a sewer from a point at or near the water tank of said Uunion Pacific Railroad Company upon its grounds, extending thence over and across its grounds to the alley between Fourth and Fifth Streets, thence south through said alley and across Pacific Street, North Street and Pine Street to connect with the public sewer in Pine Street. (~1, Ord. 1304, 4-30-06). 24-202. Right to excavate streets. Said Union Pacific Railroad Company is hereby granted the right to enter upon the streets and alleys of said City of Salina and make any and all excavations necessary for the construction of said sewer. (S2, Ord. 1304, 4-30-06). 24-203. Supervision of City Engineer. Said sewer shall be constructed by said Union Pacific Railroad Company under the supervision of the City Engineer of said City. (~3, Ord. 1304, 4-30-06). . 24-204. Property owners' right to connect. Adja- cent property owners may connect with said sewer upon the same terms and conditions under which they are now authorized to connect with public sewers in said City. (~4, Ord. 1304, 4-30-06). 24-205. Agreement between City and certain rail- roads in re Elm Street Sewer. The action of the Mayor and City Clerk of the City of Salina, Kansas, in executing a certain agreement with The Kansas & Colorado Pacific Railway Company and The Mis- souri Pacific Railway Company, for and on behalf of the City of Salina, on the 23rd day of June, 1909, whereby the City of Salina, secured the right and privilege of laying and maintaining a ten inch pipe line for the purpose of conducting sewage under and across the track and right of way of the said - railway companies, where the same crosses Elm Street in the City of Salina, Kansas, is hereby rati- fied, confirmed and approved and the terms and stipulations or said agreement are hereby accepted by the City of Salina, Kansas, to all intents and purposes and as fully as if a special ordinance had been passed directing the execution of such agree- ment. (~1, Ord. 1524, 10-18-09). 24-206. ''I'm. Reimold authorized to construct sewer in Eleventh Street. That William Reimold be and he is hereby authorized to construct and use an eight (8) inch sanitary sewer in Eleventh Street from a point 40 feet south of Elm Street to Elm Street in said City to connect with a branch of the present public sewer running southwesterly from a manhole in the intersection of Elm Street and Elev- enth Street, such sewer to be laid and constructed in all respects in conformity with the ordinances of the City or Salina and in accordance with the di- rections and under the supervision of the Superin- tendent of Streets; such sewer to be laid in that portion of the street now occupied by the parkway therein. (Sl, Ord. 3165, 10-5-25). 24-207. Same; right to make excavations. Said William Reimold is hereby granted the right to enter upon the streets and alleys of said City and make any and all excavations necessary lor the con- struction of said sewer. (!l2, Ord. 3165, 10-5-25). 24-208. Adjacent property owners may connect to sewer; conditions. Adjacent or adjoining prop- erty owners may connect with said sewer upon the same terms and conditions under which they are now authorized to connect with public sewers in said City, upon payment to said William Reimold or the proportionate cost of such original sewer based upon the front footage which the lot so to be connected bears to the entire front footage in said block. (~3, Ord. 3165, 10-5-25). . . . Ch. 25, Art. 1 SIDEW ALKS.-Regulating Construction. 281 CHAPTER 25.~DEW ALKS. ARTICLE l.~Regulating Construction. 25-101. Sidewalks constructed when ordered by Board of Commissioners. That it shall. be the duty of the owner or owners of any lot or lots or of any tract or parcel of land within the corporate limits of the City of Salina to construct or lay down any sidewalk or sidewalks along their said property as may be ordered by resolution or ordinance of the Board of Commissioners of the City of Salina made in conformity to law, in accordance with the plans and specifications hereinafter provided and within thirty days from the publication of any resolution or ordinance of said Board of Commissioners pro- viding for the same unless a different time be in such resolution or ordinance designated. (~1, Ord. 2407, 10-3-21). 25-102. City may construct and assess costs. That in event the owner or owners of such lot or lots or parcels of land shall refuse or neglect to lay down or construct such sidewalk or sidewalks within thirty days from and after the publication of such resolu- tion or ordinance, or within the time designated therein, the Board of Commissioners of the City of Salina shall proceed to construct or cause to be con- structed, such sidewalk in accordance with the pro- visions of law, and the cost thereof shall be assessed against such lot or lots on which such sidewalk shall abut and shall be certified by the City Clerk to the County Clerk of Saline County, Kansas, to be col- lected according to law. Provided, that after the time designated in such resolution or ordinance for the construction of such sidewalk by the owner or owners of such lot or lots or parcels of ground, then that such owner or owners shall not construct or cause to be constructed any sidewalk without first having received written authority therefor from said Board of Commissioners. (~2, Ord. 2407, 10-3-21) . 25-103. Sidewalks, driveways, curb and gutters; construction. That all sidewalks, driveways, curb- ing and guttering hereafter constructed, recon- structed or rebuilt in any of the streets or public grounds of the City of Salina shall be constructed of concrete and in accordance with plans and speci- fications as to material and methods of construc- tion to be furnished by the City Engineer of the City of Salina as hereinafter provided for. (~1, Ord. 3509, 3-12-28). 25-104. Same; license fee; bond. That no person shall engage in the work of constructing, recon- structing or rebuilding sidewalks, driveways, curb- ing, guttering or other concrete work, for others, in the streets, alleys or other public grounds in the City of SlJ.lina without first securing from. the City Clerk a license therefor, for which such li- censee shall pay to the City of Salina an annual fee of $10.00, which license shall expire on Decem- ber 31st after the issuance thereof (provided that if the license is issued after July 1st the license fee shall be one-half of the foregoing amount) and no such license 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 Commis- sioners, the form thereof to be approved by the City Attorney; provided that this ordinance shall not apply to any person doing or performing any work of the nature above described for the City of Salina, under a contract with such city and for which reg- ular performance, maintenance and statutory bonds are required by the City and furnished by the con- tractor for the specific work covered by any such contract. (~2, Ord. 3509, 3-12-28). 25-105. Same; bond; amount. The bond herein- above provided for shall be in a principal sum not less than $1,000.00 and shall run to the City of Salina as obligee, for the benefit of the city and of all persons with whom the principal named therein may contract for the construction of such work conditioned that any such work shall conform i~ all respects to the plans and specifications 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 with- out need of repair for two 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 years. (~3, Ord. 3509, 3-12-28). 25-106. Same; permit. No such sidewalks, drive- ways, curbing, guttering or any other concrete work in any street or public grounds in said City, shall be constructed, reconstructed or rebuilt until a per- mit 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 relatin~ 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 ordinance shall be deemed to be a part of any such permit, provided Ch. 25, Art. 1 282 SIDEW ALKS.-Regulating Construction. that no such permit 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 ap- proved. (~4, Ord. 3509, 3-12-28). 25-107. Same; conform to requirements of City Engineer. The City Engineer shall immediately after the taking effect of this ordinance prepare standard plans and specifications for the construc- tion within the City of Salina of concrete sidewalks, driveways, curbing and guttering, and other con- crete work, which shall be presented to the Board of Commissioners, and when accepted and approved by such Board of Commissioners shall remain on file in the office of the City Engineer as the stan- dard specifications for all such work until changed by said engineer with the approval of said Board of Commissioners, and such plans and specifications shall govern all work done under any permit re- quired by this ordinance so far as the same shall apply, and in any case where the City Engineer deems the same necessary, he shall prepare special plans and specifications for any such work so far as the same may be necessary, which shall apply only to the specific work for which they are pre- pared, and which in any such case shall become a part of the permit covering such specific work. (~5, Ord. 3509, 3-12-28). (Note: Such standard plans and specifications together with all approved changes thereto, are on file in the office of the City En- gineer.) 25-108. Same; additional requirements. Before he shall issue any permit, the City Engineer shall ascertain that the bond filed by the applicant there- for is sufficient to cover the amount of the work to be done under such permit, and in addition there- to the amount of all work being done by the same person under permits previously issued and which is then uncompleted, and if the amount of any such bond is insufficient to cover all outstanding and un- completed work under permits issued or applied for, no additional permit shall be issued until the ap- plciant 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 main- tenance bond covering only the specific work to be done under any specific permit, and the amount of any such work shall not be counted as a part of the work covered by the general bond. (~6, Ord. 3509, 3-12-28) . 25-109. Same; completion of work; notice; inspec- tion; revocation of license. The contractor shall notify the City Engineer of the completion of any ~,.~,------,~-~"--------_.._.'" work for which a permit has been issued. 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 specifica- tions for such work, the City Engineer shall have authority to order any changes in such work which may in his opinion be necessary, or may order the same removed and reconstructed. If any contractor shall fail to comply with any order of the City Engi- neer in connection with any such work, the City Engineer may issue an order revoking the license or such contractor, which order may on application of the contractor filed with the City Clerk within ten days from the date of such order be reviewed, and approved or set aside, by the Board of Commis- sioners. (~7, Ord. 3509, 3-12-28). 25-110. Definition. The word "person" when used in this ordinance shall be deemed to refer to any person or persons, firm, copartnership or corpora- tion. (~8, Ord. 3509, 3-12-28). 25-111. Violation; penalty. Any person whether acting for himself or as the agent, representative, employee, officer or member of any corporation or co-partnership, who shall construct, reconstruct or rebuild any of the work mentioned in this ordinance in violation of the provisions hereof or contrary to the plans and specifications for such work as pro- vided for herein or who shall do any such work without securing a permit therefor as herein re- quired, or who, when required by this ordinance shall do any such work without securing the license and filing the bond or bonds required by this ordi- nance, or who shall otherwise violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $10.00, nor more than $50.00 for each offense. (~10, Ord. 3509, 3-12-28). 25-112. Sidewalks; Ash Street between Seventh Street and Ninth Street: (Published in the Salina Journal, June 9, 1927.) RESOLUTION NO. 422. A Resolution relating to the width of sidewalks on Ash Street between Seventh and Ninth Streets. Be It Resolved by the Board of Commissioners of the City of Salina that all sidewalks hereafter con- structed or reconstructed on Ash Street between Seventh Street and Ninth Street be eight (8) feet in width. Introduced, May 31st, 1927. Passed, June 6th, 1927. ( SEAL Attest: Chas. E. Banker, City Clerk. Guy T. Helvering, Mayor. . Ch. 26, Art. 1 STREETS and ALLEYS.-Excavations. 28d CHAPTER 26.-8TREETS AND ALLEYS; GENERAL. (See 13-439, G. S. 193~) Article 1.-Excavations.-26_101 to 26-114. 2.-General Regulations: A. Cutting Curbs for Driveways.-26_ 201 to 26-206. B. Protection of Paving and Sidewalks under Construction, and relating to and regulating building and main- tenance of bulk heads, cellars, etc.- 26-207 to 26-213. C. Miscellaneous Regulations.-26-214 to 26-224. a.-Service Pipes and Sewers Ordered in.- 26-301 to 26-303. 4.-Construction and Maintenance of Inter- sections with Steam Railroads.-26-401 to 26-404. 5.-House Numbering.-26-501 to 26-506. 6.-Names of Streets Changed.-26-601 to 26-617 7.-Grades; Bench Marks.-26-701 to 26-704. ARTICLE I.-Excavations. . 26-101. Excavations; permit required. No per- son, firm or corporation shall make any excavation in any street, alley or other public ground in the City of Salina, for any purpose whatsoever, except excavations required for work, under contract with the City of Salina for which usual performance and maintenance bonds are required until he shall first secure from the City Engineer permit countersigned by the City Clerk, to make such excavation. (~1, Ord. 3644, 12-26-28). 26-102. Permit; application. 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, which shall show the location, size and purpose of the ex- cavation and such other information as may be re- quired by the City Engineer. A duplicate copy of such application approved by the City Engineer, and on which he shall note the amount of the esti- mated deposit, as required by Section 4 of this ordi- nance, shall be filed with the City Clerk. (~2, Ord. 3644, 12-26-28). 26-103. Same; bond. No such permit shall be granted until there shall be filed with the City Clerk and approved by the Board of Commissioners a bond to be given by the applicant as principal with good and sufficient sureties approved by the Board of Commissioners, in the principal sum of not less than $2,000, running to the City of Salina as obligee for the benefit of the City of Salina and any other person who may be injured by any vio- . Ilation of the conditions thereQf, such bond to be conditioned for the faithful performance by the prin- cipal 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 pro- visions of this ordinance for the making of any ex- cavation in any street, alley or other public grounds in the City of Salina, and that all work done there- under shall be done in strict conformity with all ordinances of the City of Salina relating to such work and in accordance with the plans and speci- fications of the City Engineer relating thereto, and that the principal in said bond will indemnify and save harmless the said City and all other persons against all costs, damages and injuries sustained by said city or by any other person whomsoever, by reason of the carelessness or neglect of the prin- cipal of said bond or his agents, servants, employees or representatives, either on account of their failure to comply with the provisions of the ordinances of the City of Salina relating to such work or with the rules and regulations adopted pursuant thereto or with any of the plans and specifications govern- ing the performance thereof, or otherwise; and no bond so 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 days prior to the date of the cancellation there- of, 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 bond so cancelled until a new bond shall have been filed and approved, and provided further that no can- cellation of any bond shall affect the liability of the principal or surety thereupon on any work done pur- suant to any permit issued prior to the receipt of the notice of such concellation. (~3, Ord. 3644, 12- 26-28). 26-104. Same; deposit for cost of refilling. 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 2 of this ordinance, in no case to be less than $10.00. The City Engineer shall prepare a schedule of charges, to be approved by the City Commission, for the refilling of and the replacing, repairing and maintenance of the pavement over such excavation, which schedule, when so approved, shall be filed 284 S'l'REEI'S and ALLEYS.--BxcavaLion,", Ch. 26, Art. 1 --_._--_._---_._~------- allca;ies and all such work' shall be done strictly in accordance with the plans and specifications of the City Engineer as herein provided for. (~6, Ord. 3644, 12-26-28). in the office of. the .City Clerk and the City Engi- neeI'. (~4, Ord. 3644, 12-26-28). :26-105' Filling to, be dqne by stree~depl;lrtment. The filling and tamping of all such excavations and the repair of all pavements over any such excava- 26-107. Refilling excavations; notice to City Engi- tionshall be done by the Street Department on order neeI'. The person to whom any such permit is is- of the City Engineer and in accordance with the sued shall notify the City Engineer in writing when specifications for such work prepared by the City he is ready for the excavation to be refilled. 'fhe Engineer. The City Engineer shall as soon as pos- City Engineer note thereon the time of receipt of sible after the taking effect of this ordinance, and such notice and shall immediately order the Street from time to time thereafter when ordered by the Department to refill the excavation and the Street Board of Commissioners, prepare standard plans Department shall within twenty-four hours, exclu- and specifications for the making of excavations sive of Sundays and legal holidays, take charge of in the streets, alleys and other public grounds of such excavation and shall thereafter maintain the the City of Salina and for the making of pavement necessary barriers, barricades and lanterns until the cuts and for refilling and tamping the same and for refilling and repaving is completed and ready to repairing pavements, which shall be submitted to open to traffic. The person to whom the permit the Board of Commissioners for approval, and when i is issued shall maintain all barriers, barricades and so approved shall be filed in the office of the City \ lan~er.ns . and ~~all be respon~ib~e for all damages Clerk and the City Engineer, and it shall be a con- or mJunes arlsmg from or mCldental to such ex- clition of any permit issued under this ordinance that cavation until same has been taken charge of by the person receiving the same shall comply in all the Street Department as provided for above or respects with all such standard plans and specifica- until the expiration of twenty-four hours, exclusive tions. (95, Ord. 3644, 12-26-28). of Sundays and legal holidays, after the City Engi- neer has received written notice that the excavation is ready for refilling, and after the expiration of said twenty-four hours, exclusive of Sundays and legal holidays, from the receipt of notice by the City Engineer, the person making such excavation under any such permit shall not be liable in connection with any injuries which may be sustained in connec- tion with such excavation except such as may re- sult from defective work done by such person in connection with such excavation, or the actual negli- gence of such person. (~7, Ord. 3644, 12-26-28). 26-106. Same; refunds on deposits; permits to Public Service Corporations. Upon notification by the City Engineer that any excavation is to be re- filled the Superintendent of Streets shall, within 24 hours exclusive of Sundays and legal holidays, take charge of such excavation and shall refill the same and make all necessary paving repairs all in accordance with the plans and 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 quan- tities and the schedule of charges prepared by the 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 bal- ance due thereon to the City Clerk immediately on demand; Provided, however, that the City Engineer may permit any public service corporation to fur- nish labor and materials and refill excavations and repair pavements under the supervision of the Street Department, in which case the deposit to cover 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 25% for overhead, but the application and per- mit required by this ordinance shall be required in 26-108. Money credited to street department fund. All money received by the City to pay the cost of refilling excavations and repairing pavements shall be credited to the Street Department Fund. (~8, Ord. 3644, 12-26-28). 26-109. No rod or stake driven through pave- ment. No person, firm or corporation 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 of Salina, with- out first obtaining the written permit of the City Council so to do. (~14, Ord. 1882, 9-25-15). 26-110. Violation of Secs. 26-101 to 26.109; penalty. Any person, firm or corporation, or the president, agent, manager or employee thereof, who shall vio- late any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- . . . Cll. 26, Art. 1 STREETS and ALLEYS.-Excavations. vidion thereof in the Police Court shall be fined in any :JUlil not less than Ten Dollars ($10.00), nor m()f'e chan Three Hundred Dallal's ($300.00). (gI5, Oni. 1t:82, 9'",5-15). 26-111. Excavations to precede paving; property owners notified; no paving broken for one year. Whenever a street, avenue or alley is about to be paved, the City Engineer, or his authorized repre- sentative, shall notify the property holders, lessees or tenants on such street, avenue or alley, so that all water, steam, gas, drain or sewer connections can be made prior to the paving of the same. After the sub-grade has been rolled, preparatory to the laying of the pavement, no permit shall be issued for the excavation in or on said street within twelve months from the completion of the paving, except for the purpose of repairing leaks in any water, steam, gas, drain, sewer or other pipe or conduits, meaning hereby to prohibit excavations for all new work in said block within the time above mentioned. (S4, Ord. 1695, 12-16-1912). 26-112. Excavations; signals; regulations. Every person, persons, company or corporation 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 suffi- cient 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 of Salina in consequence of any accident or accidents to persons, animals, vehicles, conduits or property of any kind, and such persons, person, com- pany or corporation shall also be liable to the City of Salina on their bond for the same. Trenches or ditches in depth of six feet or more, and in all made or otherwise treacherous soil, or near build- ings, the sides of said trenches or ditches shall be so braced as to prevent caving or injury to the adjoining premises; and the party excavating and his bondsmen shall be liable to said City for all damages arising by reason of the neglect or care- lessness in this respect. All excavating and refilling shall be made with such material and in such man- ner as may be directed by the City Engineer, or his authorized representative, and all paving, curb- ing, guttering or macadamizing shall be replaced and renewed in as perfect and substantial condi- tion as before being disturbed; and 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. Any directions that may be given, either in writing or orally, by the City Engineer, or any person intrusted with the supervision of such work, to any person, persons, or corporation engaged in making or refilling any such excavation shall be immediately obeyed; and the violation of such di- rections, or the failure to perform the same, shall be deemed a violation of the provisions of this ordi- nance. All parties making excavations under the provisions of this ordinance 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, se- cure and unobstructed passageways for the safe pas- sage of all vehicles and pedestrians. (95, Ord. 1695, 12-16-1912) (Note see infra 926-101 to 926-108). 26-113. Removal of signals, etc. Any person, persons, company or corporation who shall make or attempt to make any excavation or refill the same, or do or attempt to do any other act, in violation of the provisions of this ordinance, or any person, company or corporation who shall remove or attempt to remove from the site of the excava- tion or work any of the barricades, danger signals or lights, required by the provisions of this ordi- nance, shall be deemed guilty of a violation of the terms and provisions of this ordinance. (97, Ord. 1695, 12-16-1912). 26-114. Penalty; Violation of Sees. 26-111 to 26- 113. Any person who violates any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall be fined in a sum not less than three ($3.00) dollars nor more than one hundred ($100.00) dollars. (98, Ord. 1695, 12-16-1912). 285 . Ch. 26; Ail, ?A ARTICLE 2.-General Regulations. STREETS and ALLEYS.-General Regulations. 287 A.-Cutting Curbing for Driveways.-26-201 to 26-204. . 26-201. Cutting Curb; permit required. That no person, firm or corporation shall cut into, destroy or remove any curbing along or on any street in the City of Salina now or hereafter existing, for the purpose of affording an entrance for a drive- way from such street to any private property abut- ting thereon, or for any other purpose, without first securing from the City Engineer of the City of Salina, a permit therefor. (SI, Ord. 2874, 11-5-23). 26-202. Specifications of City Engineer; condition of permit. That no permit for the purpose men- tioned in the preceding section hereof, shall be is- sued by the City Engineer to any person, firm or corporation, except on the express condition, which shall be provided for in such permit, that such drive- way shall be constructed in accordance with speci- fications as to material and construction to be fur- nished by said City Engineer, which specifications shall be made a part of such permit, and shall be completed within thirty (30) days after the date of the issuance of such permit. (S2, Ord. 2874, 11- 5-23) . 26-203. ,Violation of ordinance; penalty. That if the terms and conditions of such permit, either as to the completion of said drive-way from the curb line to the property line or as to the specifications for the construction thereof shall not be complied with within the time above mentioned the person applying for such permit either for himself or for any firm or corporation shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to a fine of twenty-five ($25.00) dol- lars, and provided further that each day's failure to comply with the conditions of such permit after the time limited herein shall be deemed a separate offense, punishable by a fine of $5.00 for each such subsequent offense. (S3, Ord. 2874, 11-5-23). 26-204. Cutting curb; unpaved driveways. That because of the damages to pavements and curbing and guttering resulting from the flow and seepage of water from unpaved driveways to and under such paving, curbing and guttering, no driveway or drive- way returns, from any street to private property . abutting thereon shall be constructed or used except- ing upon compliance with the following provisions of this ordinance. (U, Ord. 4166, 6-14-32). 26-205. Same; requirements. Whenever any curb- ing and guttering, or curbing, guttering and pav- ing is hereafter constructed by any contractor pur- suant to a contract with the City of Salina for such work, such contractor shall not be permitted and he is hereby prohibited from installing any drive- way returns in any curbing being or to be con- structed by him unless the owner of the property to be served by such driveway or driveway returns shall make arrangements, either with such contrac- tor or with some other person engaged in and authorized to do similar work, for the construction of a paved and curbed driveway leading to the prop- erty line of such property, and proof of such ar- rangement shall be furnished to the City Engineer before any permit for such work is issued, all of such work to be constructed in accordance with spe- cifications for such work prepared by the City Engi- neer and on file in his office and in the office of the City Clerk; provided, that where such proposed driveway crosses a cement sidewalk in good condi- tion, such driveway shall be constructed only to the edge of such concrete sidewalk nearest the street; Provided further, that if the street in which any such driveway or driveway returns are to be constructed is not paved, or if the paving thereof has not been contracted for, then the driveway to be constructed need not 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 paving in such drvieway whenever the paving in such street is constructed. (S2, Ord. 4166, 6- 14-32). 26-206. Violations; penalty. Any person who shall violate any of the provisions of this ordinance, or who shall fail to construct 'the paving of any such driveway, after the street paving in such street is constructed and shall maintain such unpaved driveway, in violation of the agreement made by any such person as a condition to securing a permit for the construction of any such driveway, shall be deemed guilty of a misdemeanor and upon convic- tion shall be fined not less than $25.00 for each offense. (S3, Ord. 4166, 6-14-32). . eh. 26, Art. 2-B GTREETS and ALLEYS,-Genel'al Regulations. . B.-Protection of Paving and Sidewalks in Course of Construction. 26.207. Removing barrier protecting paving or sidewalk. That it shall hereafter be unlawful for any person to remove, displace, take away or in any manner interfere or meddle with any barricade, bar- rier, obstruction, railing, light or other warning signal placed by the City of Salina, or any agent thereof or by any company or person acting under the authority or with the consent of said City, for the purpose of protecting any pavement, sidewalk 01' other public improvement in the course of con- struction in said city. (91, Ord. 2613, 11-6-22). 26-208. Using sidewalk or paving protected by barriers. It shall hereafter be unlawful for any person to walk upon or use any sidewalk or to use 01' operate any kind of vehicle upon and over any pavement in the course of construction in said city when the same shall be protected against such use by means of barriers, barricades, obstructions, lights or other warning signals placed there by said city 01' by persons acting with authority and consent of said city, for the purpose of protecting such unfin- ished pavement, sidewalk or other public work against damage until its completion. (92, Ord. 2613, 11-6-22). 26-209. Violation of ordinance; penalty. Any per- son violating any of the terms or provisions of this ordinance, shall upon conviction, be deemed guilty of a misdemeanor and shall be punished by being confined in the City Jail for not more than thirty (30) days or by a fine of not more than one hundred dollars ($100.00), or by both such fine and imprisonment. (93, Ord. 2613, 11-6-22). 2G-210. Certain construction; permits required. That no person, firm or corporation shall hereafter c()nstruct in anrstreet or in or under any sidewalk in the City of 'sliiii1i "imy bulkheads, cellar or base- ment ways, areaways, railings, or stairways, or ex- cavations for any of the same, without first secur- ing from the Board of Commissi;;~-;;- ~i'~ia--;;ity 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 conditions under which the same shall be maintained. (91, Ord. 4039, 3-30-31). . 26.211. Stairway or Areaway; protection; require. ments. That no person, firm or corporation shall hereafter use or maintain in any street or in or under any sidewalk in the City of Salina 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 rails, the top one of which shall be at least 39 inches above the street level and the other rail one- half that heighth from the street level. In the case of stairways leading into any such cellar or base- ment way or areaway, the head of such stairway shall be protected by an iron gate comprised of at least two 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 so constructed that it shall at all times be kept closed except when in actual use. (92, Ord. 4039, 3-30-31). 26-212. Same; violations. If any person, now us- ing or maintaining any such cellar or basement comply with the requirements of this ordinance with way, areaway or stairway, shall fail or refuse to respect thereto, the superintendent of streets of the City of Salina shall be and he is hereby authorized and directed to close such cellar or basement way or areaway or any such stairway and the further use thereof is hereby prohibited until the provisions of this ordinance are complied with and the person refusing or neglecting to comply with the provisions of this ordinance shall be deemed guilty of a sep- arate violation of this ordinance for each day dur- ing which such neglect or refusal shall continue. (g3, Ord. 4039, 3-30-31). 26-213. Same; penalty. Any person, firm or cor- poration or any member, officer, agent or represen- tative thereof who shall violate or cause or permit the violation of any of the provisions of this ordi- nance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.00 nor more than $100.00 for each offense. (g4, Ord. 4039, 3-30-31). 289 . Ch. 26, Art. 2-C C.-Miscellaneous Regulations. STREETS and ALLEYS.--General Regulations. 291 (See General Index and Sees. 15-151; 15-159 to 15-162; 28-101 and 28-110 for other regulations re- lating to Streets and Alleys.) 26-214. Hedge fences along streets or alleys. It shall be unlawful for the owner or occupant of any real estate in the City of Salina to permit or allow any hedge standing or growing thereon as a fence along any of the public streets or alleys of said city and be or become more than four feet in height, or to permit or allow the same to extend into said streets or alleys more than one foot. (!l1, Ord. 853, 6-18-1894) . 26-215. Violation of 26-214; penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10.00 or by imprisonment not ex- ceeding 30 days or by both such fine and imprison- ment. (!l2, Ord. 853, 6-18-1894). . 26-216. Growing Crops. That it shall be unlaw- ful for any person to grow or raise, or permit to be grown or raised on that portion of any lot or tract of land in the City of Salina, lying within 15 feet of the property line of any such lot or tract abutting upon any street or avenue, or within 15 feet of any other property line of such lot or tract which abutts upon any other lot or tract on which is located a residence, any corn, sweet corn, kaffir corn, cane, milo maize and other tall growing for- age crops. (!l1, Ord. 3839, 2-24-30). 26-217. Penalty. Any person who shall violate or permit the violation of any of the provisions of this ordinance shall be deemed guilty of a misde- meanor, and shall be punished by a fine of not more than $25.00 for each offense, and each day upon which any such violation is continued or permitted to be continued, shall constitute a separate offense. (!l2, Ord. 3839, 2-24-30). demeanor and upon conviction thereof, fined not less than three dollars, ($3.00) nor more than twenty- five dollars ($25.00) for each offens~. (~1, Ord. 1888, 9-20-1915). 26-219. Tractor or threshing machine engine; plank streets. It shall be unlawful for any person, persons or corporation to propel, cause to be pro- pelled or drawn, by horse power or by its own power, across or along any of the paved streets of the City of Salina, any traction engine or threshing machine engine, except that the same be propelled or drawn over planks at least two (2) inches in thickness. (!l1, Ord. 1611, 6-19-1911). 26-220. Violation of Sec. 26-219; penalty. Any person, persons or corporation violating the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction in the Police Court, fined in any sum not exceeding one hundred dollars for each offense. (S2, Ord. 1611, 6-19-1911). 26-221. Vehicles for hire; standing in front of business place; limitations. It shall be unlawful for the owner or driver of any hack or other vehicle drawn by horses or other animals, and used in said city for the transportation of passengers, baggage or merchandise to permit or allow said hack or other vehicle to stand in front of any lot, store or place of business in said city on any of the public streets of said city for any period of time longer than is necessary for the transaction of any busi- ness which he may have with the owner or occu- pant of said lot, store or place of business, after such owner or driver of such hack or such other vehicle receives written notice from the owner or occupant of such lot, store or place of business for- bidding him to do so. (Sl, Ord. 855, 4-23-1891). 26-222. Violation of Sec. 26-221; penalty. Any person found guilty of violating any of the pro- visions of this ordinance shall on conviction thereof be deemed guilty of a misdemeanor and be pun- ished by a fine of not less than $5.00 and not ex- ceeding $25.00 and costs, or by imprisonment not exceeding 3 months or both such fine and imprison- ment. (S2, Ord. 855, 4-23-1891). 26-218. Hauling stone, coal, sand, rubbish, etc. on streets; wagon bed; violation; penalty. It shall be unlawful for any person to draw or haul over the paved streets of the City of Salina, any broken stone, coal, sand, manure, mud, dirt, clay, ashes, 26-223. Wooden culvert and runways prohibited. or rubbish of any kind, except in a wagon, cart or That it shall be unlawful for any person, firm or other vehicle with a tight box thereon, so constructed corporation to place or use, or to permit, cause or as to prevent the spilling or scattering of any of allow to be placed or used any wooden culvert or the substances therein contained, upon said paved runway attached to the curb on or along any pub- streets. Any person violating any of the provisions I lie street or thoroughfare in the City of Salina, of this ordinance shall be deemed guilty of a mis- Kansas, and which projects into any such street . STREgTS and ALLEYS,--Genel'al Regulations. Ch. 26, Art. 2-C 292 or thoroughfare and onto the pavement thereof, the culvert or runway herein referred to being such as is commonly used for the purpose of driving auto- mobiles or other vehicles over the curb when no driveway entrance is cut into said curb. (~1, Ord. 2619, 11-20-1922). 26-224. Violation of Sec. 26-223; penalty. Tha t any person who shall violate the provisions of the preceding section of this ordinance shall be deemed gulity of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $50.00. (~2, Ord. 2619, 11-20-1922). . Ch. 26, Art, 3 STREETS and ALLEYS.-Service Pipes, Etc. -"~_._-~~ --_.._-~_.~-~---------- ARTICLE 3.-Streets; Service Pipes and Sewers Ordered In. (See 12-832, 12-833, G. S. 1935) . 26-301. Lot owners lay service pipes and sewers prior to paving. That it shall be the duty of the owner or owners of any lot or lots within the cor- porate limits of the City of Salina to construct and lay water service pipes, gas service pipes and sewers to the back of the curb abutting such lot or lots whenever ordered so to do by order, resolution or ordinance of the Board of Commissioners of the City of Salina, made in conformity to law; Pro- vided however, 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 ordinance except in regard to property abutting upon streets upon which pav- ing has been ordered in and provided further that the Board of Commissioners shall not order the laying or construction of more than one water ser- vice pipe, one gas service pipe or one sewer for each two lots or fractional parts thereof along and abutting said paving, nor shall any service pipes or sewers be so ordered in on any streets within said city where the mains for the same are not laid. (Sl, Ord. 2410, 10-24-21). 26-302. Notice to owners; City may lay pipes; special assessments. That the Board of Commis- sioners 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 consecu- . 293 tive days in the official city paper and that in event the owner or owners of such lot or lots ordered to lay and construct the same shall refuse or neglect to lay down or construct such water service pipes, gas service pipes or sewers within 30 days from and after the last publication of such order, then the Board of Commissioners of the City of Salina shall proceed to construct or cause to be constructed and laid such water service pipes, gas service pipes or sewers in accordance with the provisions of law and the cost thereof shall be assessed against the two adjoining lots or fractional parts thereof for which such service pipes or sewers are laid, and such assessments shall be certified by the City Clerk of Salina, Kansas, to the County Clerk of Saline County, Kansas, to be collected according to law in the same manner as paving assessments are col- lected; Provided however, that after the expiration of the time designated in such order for the con- struction of such service pipes or sewers then such owner or owners shall not construct or cause the same to be constructed without first having written authority therefor from said Board of Commission- ers. (~2, Ord. 2410, 10-24-21). 26-303. Work according to specifications. That the laying and construction of all service pipes and sewers as hereinbefore provided for shall be in ac- cordance with all city ordinances regulating the same and shall be in accord with the plans, speci- fications and requirements as provided for by ordi- nance or direction of the Board of Commissioners. (~3, Ord. 2410, 10-24-21). . Ch. 26, Art. 4 STREETS and ALLEYS.-Construction; Maintenance. 295 ARTICLE 4.-Construction and Maintenance Intersections with Steam Railroads. 26-401. Railroad companies maintain crossings; specifications. . That it shall be the duty of every company, owning, managing or operating any steam railroad within the limits of the City of Salina, which crosses any street, alley or highway or which traverses any such street, alley or highway, within such city, to construct and keep in repair substan- tial and suitable crossings at each intersection of such railroad with such streets, alleys or highways, such crossings to be constructed in accordance with some one of the plans and specifications for railroad crossings hereto attached and made a part hereof, marked Exhibit "A", provided, however, that it shall be deemed a compliance with this ordinance for any railroad company to construct and maintain such crossings in a manner as substantial and suitable, as provided in the plans and specifications made a part of this ordinance, in which event, however, said company shall first file with the City Clerk plans and specifications for the construction of such crossings, and obtain from the City Council per- mission to construct such crossings in accordance therewith. (~1, Ord. 1941, 5-15-16). . 26-402. Provisions may be waived in writing. That the street and alley committee of the City . of I Council may waive the provisions of this ordinance 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 cross- ing, and a written waiver from such committee as to any such crossing until such time as such waiver is revoked by such committee or the City Council, which may be done at any time. Such committee 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. (~2, Ord. 1941, 5-15-16). 26.403. Time for compliance. The provisions of this ordinance shall be complied with by all com- panies affected thereby within thirty days after the passage and publication thereof. (~3, Ord. 1941, 5-15-16) . 26-404. Violation of ordinance; penalty. Every railroad company which shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty nor more than five hundred dollors, for each such violation. (~4, Ord. 1941, 5-15-16). (The specifications referred to in Sec. 26-401 are on file and recorded in the office of the City Clerk with original ordinance.) . Ch. 26, Art. 5 S'l'lU~.h;'l'S and ALLEYS.-llullSC' N ullluet'illg. 297 ARTICLE 5.-Streets; House Numberina-. more than twenty-five (25) feet for each number. (~3, Ord. 621, 1-16-88). 26-504. Size of figures. The figures used shall not be less than two and one-half (21h) inches high. (~4, Ord. 621, 1-16-88). 26.505. City Engineer assign numbers. It shall be the duty of the City Engineer to see that all buildings 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 ordinance by the owners thereof and in all such cases the figures shall cor- respond with the plan or system and specifications herein contained. U~5, Ord. 621, 1-16-88). 26-506. Violation; penalty. Any person who shall fail to number his buildings as provided by this 26-503. Even and odd numbers; 25 feet for each ordinance shall be deemed guilty of a misdemeanor number. The even numbers shall be put on the I and upon conviction thereof in the Police Court shall right hand side of the streets and the odd numbers II be fined in any sum not exceeding five ($5.00) on the left hand side of the streets allowing not Dollars. (S6, Ord. 621, 1-16-88). 26-501. All buildings numbered. That all the business houses and dwellings situated within the corporate limits of the City of Salina shall be num- bered in the manner and according to the plan hereinafter specified. (Sl, Ord. 621, 1-16-88). 26-502. Starting points. The initial or starting lines shall be Santa Fe Avenue and Iron Avenue, numbering as follows: North and South from Iron Avenue and East and West from Santa Fe Avenue, and allowing 100 numbers to each block. All short and angling streets shall take the nearest parallel corresponding block number. (~2, Ord. 621, 1-16- 88). . . . Ch. 26, Art. 6 STHEETS and ALLEYS.-Names Changed. 299 . ARTICLE 6.-Streets; Names Changed. 26.601. .. South 'Park Addition; street names changed For the purpose' of avoiding' confusion, the streets heretofore designated and named First Avenue, Second Avenue, Third Avenue and Fourth Avenue, in South Park Addition to the City of Salina, Kansas, are hereby changed in names as follows: First Avenue is changed to Tenth Street; Second Avenue is changed to Eleventh Street; Third Avenue is char.ged to Twelfth Street and Fourth A venue is chang(;d to Phillips Street, and the name of the street in said South Park Addition heretofore designated-as Pa.'k Avenue is hereby changed to Charles Avellue. (~1, Ord. 1586, 12-19-1910). 26-602. r;lerlr certify copy of ordinance; file with Register of Deeds. The City Clerk is hereby in- stl'ucted to transmit to the Register of Deeds of Saline Cour.i,', Kansas, a certified copy of this ordi- nance after the same has been published in the ofLcial City paper as hereinafter required. (~2, On. 1586, 12-19-1910). 26-603. Faulkner Street; changed to Twelfth Stn.et. That the !lame of Faulkner Street in the City of Salina, Kansas, between Iron Avenue and Walnut Street therein, be and the same is hereby changed to Twelfth Street. (~1, Ord. 2637, 12-26- :922). 26-604. Seitz Street changed to Tenth Street. That the name of Seitz Street in the City of Salina, from the south line of Crawford Avenue to the north line of Republic Avenue as described in Sec- tion 1 of Ordinance No. 3007, be and the same is hereby changed to Tenth Street. (~1, Ord. 4165, 6-13-32) . 26-605. Same. That whenever in any ordinance or legal proceedings of any kind any part of such street as described in Section 1 of this ordinance has heretofore been or shall hereafter be referred to as either Seitz Street or Tenth Street, or when- ever the name of Seitz Street or Tenth Street, with- in the limits above referred to, shall be hereafter referred to in any ordinance or other proceedings of any kind, the same shall be taken and considered as referring to that part of said street mentioned and described in Section 1 hereof, which was known as Tenth Street before the adoption of Ordinance No. 3007, and which has been referred to as both Tenth Street and Seitz Street since the adoption of Ordinance No. 3007. (~2, Ord. 4165, 6-13-32). 26-606. Pacific Street, from Fifth to Custer, changed to Lincoln A venue. That on account of . the confusion caused by the existence in the City 0;( Salina of a Pacific Avenue and a Pacific Street, the name of Pacific Street in the City of Salina from the east line of Fifth Street to the west line of Custer Avenue, running through Jones' Addition and Morris' Addition in said City, be and the same is hereby changed to Lincoln A venue between such limits and that the City Clerk be and he is hereby authorized and directed to record a certified copy of this ordinance with his certificate of the publica- tion thereof, in the office of the Register of Deeds of Saline County, Kansas. (~1, Ord. 3094, Mch. 30, 1925). 26-607. Rush Street, designated. That the public street lying along the west side of Park View Ad- dition in the City of Salina be and the same is hereby designated and named as Rush Street. (~1, Ord. 3347, 3-21-27). 26-608. Eastern Heights A venue changed to Iowa Street. That the public street (formerly known as Eastern Heights Avenue) lying along the east side of Surveyors Plat No.8, and west of Surveyors Plat No. 34, being the first street east of Wisconsin A venue running south from Iron A venue, be and the same is hereby named and designated as Iowa Street. (~2, Ord. 3347, 3-21-27). 26-609. Marymount Road designated. That the street running north and south between Sections 17 and 18, Township 14, Range 2 (between Mary- mount Academy and Mt. Calvary Cemetery on the west and Country Club Heights Addition on the east), be and the same is hereby designated and named as Marymount Road. (~3, Ord. 3347, 3-21-27). 26-610. Country Club Road designated. That the street running east and west between Sections 8 and 17, Township 14, Range 2 West, (between the grounds of the Salina Country Club on the north apd Country Club Heights on the south), be and the same is hereby designated as Country Club Road. (S4, Ord. 3347, 3-21-27). 26-611. Custer Avenue changed to Chester Avenue. That on account of the confusion caused by the similarity in names of Custer Street in Southern Heights Addition, and Custer Avenue, lying along the east side of Morris Addition and along the west side of East Garden Addition, the name of said Custer Avenue be changed to, and the same is here- by named and designated as Chester Avenue. (S5, Ord. 3347, 3-21-27). 26-612. Lincoln Street changed to Quincy Street. That on account of the confusion caused by the 300 STREETS and ALLEYS.-Names Changed. Ch. 26, Art. 6 similarity in names of Lincoln Street, runl1ing north and south between Republic Avenue and Cloud Avenue in the Addition to the Grounds of Kansas Wesleyan University, and Lincoln Avenue, running east and west from the west City limits, at the west line of North Park Addition, to Chester Avenue in Morris Addition, (as defined in Section 5 of this ordinance) name of said Lincoln Street fromRe- public Avenue to Cloud Avenue be and the same is hereby changed to, and designated and named as Quincy Street. (~6, Ord. 3347, 3-21-27). 26-613. Railroad Avenue changed to Decatur Street. That on account of the confusion caused by the similarity of names of Railroad Street, run- ning north from Ash Street to the Union Pacific Railroad right of way, between Elmdale Addition and Weaver's Addition, and Railroad Avenue run- ning east and west in Morris Addition east of Front Street, the name of Railroad Avenue in Morris Ad- dition be and the same is hereby changed to, and designated and named as Decatur Street, of which it is a substantial continuation. (~7, Ord. 3347, 3- 21-27). 26-614. Decatur Street, from Republic to Cloud, changed to Roach Street. That on account of the confusion caused by the similarity in names. of De- catur Street, running east and west from Ninth Street to Fifth Street in Calkin's Addition, (and extended by this ordinance into Morris Addition to take the place of what was formerly Railroad Ave- nue) and Decatur Street running north and south between Republic Avenue and Cloud Avenue, along the east side of The Addition to the Grounds of Kansas Wesleyan University, the name of Decatur Street from Republic Avenue to Cloud Avenue be and the same is. hereby changed to and designated and named as Roach Street. (~8, Ord.3347, 3-21-27). 26-615. Extension of streets. That whenever on account of the enlarging of the city limits, addi- tional territory is taken into the City which con- tains streets which are continuations of any named street in the City of Salina, the names of such streets in such added territory shall be the same as those within the City prior to such extension, of which they are continuations or substantial continuations, unless they shall be otherwise specifically designated or named. (~9, Ord. 3347, 3-21-27). 26-616. Broadway Blvd. That the certain public street and highway heretofore opened, created and appropriated under the provisions of Resolution No. 669 adopted by the Board of Commissioners of the City of 'Salina, Kansas,: August 10, 1936, and the condemnation proceedings duly had pursuant to said resolutioribeing the diagonal highway running in a southwesterly direction from the intersection of Ninth and Pacific Streets to a point in North Street approximately at the intersection of North Street and Clark Street in Chicago Addition (including that portion of said highway opened, created and ap- propriated . by the. State Highway Commission through a portion of the north half Section 11-14-3, lying immediately north of North Street has been subsequently included within the corporate limits of the City. of Salina) and extending thence from North. Street in a curve in a southwesterly direc- tion through a portion of Block 2, Block 1, Block 6, Block 10, Block 11 inChieago Addition to the nor- therly terminus of a viaduct or overpass across the railroad tracks and right-pf-way of the Union Paci- fic Railroad and thtl ,Atchison, Topeka and Santa Fe Railroad (including that portion of Short Street in Chicago Addition and portions of all other streets and alleys in said addition occupied by said high- way), and also that portion of Olive Street in Elm- dale Addition and in Leavenworth Addition in the City of Salina, extending from the northerly boun- dary of. Elmdale Addition south to University Place in Leavenworth Addition, and also that portion of the public highway created, opened and appropriated by the State Highway Commission running through portions ofjJlock 11, Block 12 and Park No.3 in Leavenworth Addition between University Place and Walnut Street (which portion of said highway has been subsequently. included within the corporate limits of the City of Salina), and all of the streets and highway and portions thereof hereinabove de- scribed and referred to, be and the same are here- by designated and the same shall hereafter be con- stituted and known as Broadway Boulevard. (~1, Ord. 4945, 9-27-89). 26-617. Olive Street, Short Street, changed to Broadway Boulevard. That the name of that por- tion of Olive Street in Elmdale and in Leavenworth Addition described in Section 1 of this ordinance and the name of that portion of Short Street in Chicago Addition described in Section 1 of this ordi- nance be and thtl same are hereby changed to Broad- way Boulevard, and all reference to said streets or said portions thereof heretofore made or contained in any legal or other proceedings, documents, deeds, plats, certificates to plats, ordinances or other papers of any kind shall hereafter be deemed to refer and relate to Broadway Boulevard. (~2, Ord. 4945, 9-27-39). . Ch. 26, Art. 7 STREETS and ALLEYS.-Grades; Bench Marks. . ARTICLE 7.-Grades; Bench Marks. (See 13-1019, G. S. 1935) 26-701. Bench marks established. That the bench marks heretofore established in the City of Salin~ by the United States Coast and Geodetic Survey and placed upon certain established buildings and at other places in the City of Salina, as hereinafter set forth, be and they are hereby established as the official bench marks to be used in ascertaining and fixing the elevations and grades of the streets and alleys in the City of Salina, 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 In- terior), 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 tele- graph 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 con- crete, which is surface mark of Station; top of cop- per bolt lettered "U.S.C.&G. 18 96 Survey" (C.& G. S. b. m. Salina West Base) . . .1,220.008 feet 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 window sill; intersection of two lines forming a cross, marked "U.S.C.& G.S.B.M." (C.& G.S.b.m.F 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1,224.506 feet Salina, brick building owned and occupied by H. D. Lee Mercantile Co., at left side of steps to main entrance on Santa Fe Street, in upper surface of stone coping to vestibule; bottom of square cut, marked "U.S.B.M." (C.& G.S.b.m.G 1) 1,225.828 feet . Salina, brick public school building on Elm Street, 1 block west of Santa Fe Street, in east wall and near southeast corner of bUilding, in outer face of dressed-stone coping to stone foundation; intersec- tion of two lines forming a cross, lettered, "U.S.C.& G.S.B.M." (C.& G.S.b.m.I 1) 1,225.972 feet (~1, Ord. 3077, 2-23-25). 26-702. Present grades; contour maps. That the present grades of all of the streets and alleys in the City of Salina, Kansas, which are now paved, be and the same are hereby declared to be the estab- lished grades for such streets and alleys, and that the City Engineer of the City of Salina shall here- after make a contour map of the City of Salina, marking thereon the grades of such streets and alleys, based upon the elevations referred to in Sec- tion One (1) hereof. (~2, Ord. 3077, 2-23-25). 26-703. Grades hereafter established. That it shall be the duty of the City Engineer, whenever after the taking effect of this ordinance, any street or alley is graded or paved or any new sidewalk placed thereon to establish and fix the grade of such street or alley based upon the elevations established and referred to in Section One (1) hereof, and re- corded as provided in the next section hereof. (~3, Ord. 3077, 2-23-25). 26-704. Grades established by Engineer; change by ordinance. That all of the grades of streets and alleys in the City of Salina or any part thereof, established or fixed by the City Engineer, pursu- ant to the provisions of this ordinance be recorded by the City Engineer as a part of the permanent records of his office, and any such grade shall there- after be considered as the established grade of any such street or alley until the same be changed by ordinance of the City of Salina. (~4, Ord. 3077, 2-23-25). 301 . Ch. 27, Art. 1 STREE'l'S and ALLEYS.-Opened. 27-118. Fifth Street. From Prescott Avenue to Crawford Avenue. (Ord. 1534, 1-21-00; Ord. 1553, 4-25-00). Ash Street. From west line of Front east line of Oakdale Avenue. (Ord. 804, CHAPTER 27.-STREETS AND ALLEYS; OPENED AND VACATED. Article I.-Streets Opened.-27-101 to 27-141. 2.-Streets Vacated.-27-201 to 27-250. a.-Alleys Opened.-27-301 to 27-320. 4.-Alleys Vacated.-27-401 to 27-476. (The ordinances opening and vacating streets and alleys are not set out in full but are included by reference to name or description of street or alley and number and date of ordinance, and include only those opened or vacated by ordinance, and not those dedicated by plats or otherwise. For streets in platted additions acquired by dedication reference is made to the plats of record in the Register of Deeds Office.) ARTICLE I.-Streets Opened. 27-101. Street to 8-20-92). 27-113. Faulkner Street. From the south line of Iron Avenue south 200 feet. (Ord. 2055, 6-30-17; see Sec. 26-703. Name changed to 12th Street). 27-114. Franklin Street. From Sherman Street to Ninth Street. (Ord. 2627, 12-2-22). 27-115. Mulberry. Front Street. From Walnut Street to (Ord. 2086, 9-8-17). 27-116. Frost Street. From Sherman Street to Ninth Street. (Ord. 2623, 12-2-22). 27-117. Fifth Street. From south line of Bond Street south 114.63. (Ord. 1479, 4-19-09). 27-119. Fifth Street. From Crawford to Bond across Block 3, Bond's Addition. (Ord. 1364, 9- 26-07). 27-102. Ash Street. Widened between west line of Penn Street to the center of Front Street. (Ord. 952, 11-22-97). 27-120. Johnstown Avenue. From Kansas Ave- nue to Ohio Street. (Ord. 2474, 3-18-22). . 27-103. Baker Street. From the south line of 27-121. North Street. From Ninth Street to South Street to the north line of Morrison Avenue. Eleventh Street. (Ord. 3397, 6-13-27; Ord. 3499, (Ord. 3100, 4-13-25; Ord. 3104, 5-4-25). 1-16-28; Ord. 3511, 3-19-28). 27-104. Bishop Street. From 12th Street to 13th 27-122. North Street. East of the intersection Street. (Ord. 1947, 5-24-16; Ord. 1849, 5-27-16). of North Street and Santa Fe Avenue. (Ord. 3964, 9-22-30; Ord. 4026, 3-2-31). 27-105. Bishop Street. From 13th Street to Col- lege Avenue (15th Street). (Ord. 1947, 5-24-16; Ord. 1849, 5-27-16). Note: Broadway Boulevard, (see 26-616, 26-617). 27-123. Oakdale Avenue. From Johnstown to Ash Street. (Ord. 2173, 5-6-18). 27-124. Ohio Street. Widened from Gypsum 27-106. Center Street. From Fourth Street east Avenue to the intersection of Ohio Street and Gree- to Kenwood Addition, widened and extended. (Ord. ley Avenue. (Ord. 3780, 9-3-29; Ord. 3783, 9-9-29). 666, 6-15-87). 27-125. Phillips Street. From southern terminus 27-107. College Avenue. From southern terminus then existing to south line Morrison's 3rd Addi- then existing to the south line Morrison's 3rd Ad- tion. (~6, Ord. 1469, 3-15-09). dition. (~6, Ord. 1469, 3-15-09). . 27-108. Eleventh Street. From the south line of Park Street to a point 130 feet south. (Ord. 3502, 2-13-28; Ord. 3506, 2-27-28; Ord. 3534, 5-14-28). 27-109. Eleventh Street. From Washington to Prescott Avenue. (Ord. 2622, 12-2-22). 27-110. Eleventh Street. From Crawford Ave- nue to Republic Avenue. (Ord. 2626, 12-2-22). 27-111. Elm Street. From Front Street east to Smoky Hill River. (Ord. 565, 6-15-87). 27-112. Elm Street. At intersection with Elev- enth, opened and widened. (Ord. 2055, 6-30-17). 27-126. Putnam Avenue. From Morrison Ave- nue to South Street. (Ord. 1954, 6-10-16; Ord. 2166, 4-6-18). 27-127. Republic Avenue. Widened from Ninth Street to Sherman Avenue. (Ord. 2624, 12-2-22). 27-128. Riverside Park Drive. From southwest corner of Lot 23, Block I, Riverside Park Addition, to Ohio Street. (Ord. 1995, 10-21-16). 27-129. Riverside Park Drive. From Ohio Street to Des Moines Avenue. (Ord. 2231, 12-28-18). 27-130. Sherman Street. From Crawford Street to Republic. (Ord. 2635, 12-2-22). 303 30,1 STREETS and ALLEYS.-Opened. Ch. 27, Art. 1 27-131. Tenth Street. From Walnut Street to I minus then existing to south line Morrison's 3rd South Street. (Ord. 397, 2-18-84). Addition. (S6, Ord. 1469, 3-15-09). 27-132. Tenth Street. From Ash Street to Park 27-138. Walnut Street. From west line of Front Street. (Ord. 512, 9-20-8--). Street across Smoky Hill River to intersection with 27-133. Tenth Street. From Washington Ave- west drive of Oakdale Park. (Ord. 806, 7-21-92). nuc to Prescott A venue. (Ord. 1156, 9-15-02). 27-139. Wilson Street. From Santa Fe Avenue to Fourth Street. (Ord. 2329, 4-10-20). 27-134. Tenth Street. From Grand Avenue south 115 feet. (Ord. 1711, 4-21-13). 27-HO. An Unnamed Street. 30 feet wide, from Ninth Street to Tenth Street north of A.T. & S.F. 27-135. Tenth Street. From Frost Street to Re- Railway tracks. (Ord. 1271, 8-14-05). public Avenue. (Ord. 2623, 12-2-22). 27141. An Unnamed Street. From Fifth Street 27-136. Twelfth Street. From Bishop Street to O 1 02 4-13-16) to Lincoln Street diagonally across southeast cor- North Street. (rd 9 .,' I ner of Block 11, Calkin's Addition. (Ord. 1271, 27-137. Twelfth Street. From the southern ter-18-14-05). . Ch. 27, Art. 2 STREETS and ALLEYS.-Vacated. 27-221. .Fifth Street. At intersection with right of way of Union Pacific Railroad. (Ord. 1271, 8- 27-208. Palace Street. Part west line of Front 14-05). Street and east limits of Wells Addition. (Ord. 2390, 5-28-21). ARTICLE 2.-Streets Vacated. 27-201. Bishop Street. (See 13-4-43, G. S. 1935) that part between center of 13th Street and west line of 12th Street lying north of a line 33 feet south of center line of main line track of Missouri Pacific Railway. (Ord. 1947, 5-24-16). 27 -202. College A venue. Between north line of Grand Blvd. produced and south line of 100 foot right of way of Union Pacific Railway. (Ord. 1271, 8-14-1905). 27-203. Hoffa Street. In Wells Addition. (Ord. 2391, 5-28-21). 27 -204. Hope Street. From Third to Fourth Street between Blocks 4 and 5 in Sunnyside Addi- tion. (Ord. 2551, 7-29-22). 27-205. Lincoln Avenue. In Calkins Addition west of Fifth Street. (Ord. 1271, 8-14-05). 27-2iJ6. Oakdale Avenue. Part of between Ash Street and Johnstown Avenue. (Ord. 2376, 3-26- 21). e 27-207. North Street. 2% feet off north side between Seventh Street and Ninth Street. (Ord. 2121, 12-22-17). 27 -209. Phillips Street. Between Blocks 2 and 3 South Park Addition as then existing. (Ord. 1746, 2-16-14). 27-210. Railroad Street. Between north line of Ash Street and south line of Park Street (except intersection of alley). (Ord. ~ 1-19-17). '1.011 27-211. Railroad Avenue. Ifetween Fourth and Fifth Streets in Jones Addition. (Ord. 1271, 8- 14-05) . 27-215. Bond Street. The south 20 feet between Fourth Street and Front Street. (Ord. 1999, 11- 9-16). 27-216. Stapler Avenue. Prom east line of Wis- consin A venue to west line of Eastern Heights, vacated by resolution of council passed 2-17-13; subject to conditions mentioned in such resolution. 27-217. Second Avenue. In South Park Addition between north line of Prescott and south line of alley running east and west between Prescott and Washington. (Ord. 1436, 2-23-08). 27-218. Third Street. Part of south of North Street occupied by Rock Island branch track. (Ord. 2125, 12-22-17). 27-219. Fourth Street. 21.8 feet on west side from Crawford to Bond lying west of original Block 3, Bonds Addition. (Ord. 1364, 2-26-07). 27-220. }'ourth Street. In Jones Addition from a line 175 feet south of Forrest Avenue south to north line of Union Pacific 100 foot right of way. (Ord. 1271, 8-14-05). 27-222. Seventh Street. Lying between and abutting on lots 7 to 12 inclusive in Block 9 and Lots 30 to 32 inclusive in Block 4 in Calkins Addi- tion. (Ord. 1282, 10-23-05). 27-223. Seventh Street. From south line of right of way of Union Pacific to north line of North Street. (Ord. 2152, 2-22-18). 27-224. Tenth Street. Part of east of Block 9, Depot Addition. (Ord. 807, 8-5-92). 27-225. Tenth Street. 8 and 9 Depot Addition. Mor- 1158, . 27-212. Washington Avenue. In Block 6 rison's 3rd Addition as then existing. (Ord. 9-16-02) . 27 -213. Washington Street. From Twelfth west to right of way of Missouri Pacific Railroad in Morrison's 3rd Addition as then existing. (Ord. 1469, 3-15-09). 27-214. West Street. Between south line of South Street and north line of Morrison Avenue and between south line of Morrison Avenue and north line of South Park Addition. (Ord. 1746, 2-16-14; Ord. 1754, 3-16-14). East of part of Blocks (Ord. 1271, 8-14-05). 27 -226. Tenth Street. with Washington A venue. Portion of intersection (Ord. 1682, 9-16-12). 27-227. Eleventh Street. West 10 feet between Elm Park. (Ord. 1727, 9-15-13). 27-228. Eleventh Street. Between north line of Union Pacific right of way and North Street. (Ord. 737, 4-28-90). 27-229. Twelfth Street. Between Bishop Street and North Street in Depot Addition. (Ord. 737, 4-28-90). 305 306 STREETS and ALLEYS.-Vacated. Ch. 27, Art. 2 27 -231. Thirteenth Street. Between south line of Missouri Pacific right of way and a line 50 feet northwest measured at right angles and paral- lel with center line of main track of Union Pacific Railway. (Ord. 1835, 4-24-15). 27-240. Iron Avenue. Part of, between east line of Seventh Street and the west line of alley be- tween Seventh Street and Santa Fe Avenue. (~1, Ord. 3985, 11-24-30). 27-241. North Street. Part of, between Fifth and Fourth. (Ord. 4227, 1-9-33). 27-242. North Street. Part of, from Ninth Street to Eleventh Street. (~4, Ord. 3499, 1-23-28). 27-230. Twelfth Street. Between Block 3 and 4, South Park Addition as then existing. (Ord. 1746, 2-16-14). 27-232. An Unnamed Street. Block 6 and 7 in Depot Addition. 92; Ord. 1271, 8-14-05). Lying between (Ord. 807, 8-5- 27-243. Osborne Street. From south line of Re- public Avenue to north line of Cloud Avenue. (Ord. 3163, 9-28-25). 27-233. An Unnamed Street. Running diagon- ally from Gypsum Avenue to Ohio Street between Blocks 1 and 2 in Phillips East Salina Addition. (Ord. 1200, 3-23-03). 27-244. Republic Street. Part of, between Ninth and Missouri Pacific right of way. (Ord. 4359, 2-29-34). 27-234. Eighth Street. From south line of North 27-245. Russell Avenue. From east line of Street to north line of Santa Fe right of way. (Ord. Fourth Street and west line of Osborne Street. 2033, 5-19-17). (~1, Ord. 3947, 8-11-30). 27-235. Eleventh Street. North of Bishop Street 27-246. Seventh Street. Part of, from north line in Depot Addition. (Ord. 633, 3-1-88). of Iron Avenue north 100 feet. (~2, Ord. 3985, 11-24-30). 27-236. An Unnamed Street. Between Blocks 8 and Depot Addition. (Ord. 633, 3-1-88). 27-247. Tenth Street. Part of, north - of main line Union Pacific right of way. (~4, Ord. 27-237. An Unnamed Street. North of Block 7 3499, 1-23-28). Depot Addition (part of). (Ord. 196, 3-14-77). 27-248. Tenth Street. Part of, between Blocks 27-238. Antrim Avenue. Part of, between Ninth 7 and 8 in Depot Addition, between Bishop Street Street and then existing west city limits. (Ord. and North Street. (Ord. 3122, 6-22-25). 4118, 11-16-31). 27-249. Twelfth Street. Part of, between Iron 27-239. Chester Avenue. From south line of Avenue and Walnut Street. (Ord. 3448, 8-8-27). Lincoln Street to north line of Missouri Pacific 27 -250. Woodlawn A venue. Between Ninth right of way. (Ord. 3884, 5-12-30). \ Street and Highland Avenue. (Ord. 3886, 5-19-30). . Ch. 27, Art. 3 STREETS and ALLEYS.-Alleys Opened. 307 ARTICLE 3.-Alleys Opened. 27-311. Alley Block 7, Depot Addition. 196, 3-19-77). 27-301. Alley between Elm and Ash, Fourth to Fifth (part). (Ord. 1643, 1-18-12). (Ord. 27-312. Alley between Third and Fourth, from Prescott to Crawford. (Ord. 1265, 7-17-05). 27-302. Alley between Highland and Ninth, Crawford to Bond. (Ord. 1471, 3-15-09; Ord. 1478, 4-19-09). 27-313. Alley betwt'en Fourth and Fifth, from Crawford to Bond. (Ord. 1364, 2-26-07). 27-303. Alley between College Avenue and West Street, through Blocks 1 and 6 in Morrison's 3rd Addition as then existing. (~2, Ord. 1469, 3-15- 09). 27.314. Alley between Ninth and Tenth, from South to Morrison. (Ord. 2111, 11-24-17). 27-315. Alley between Eleventh and Twelfth, through Block 4, Morrison's 3rd Addition as then 27-304. Alley between College and Phillips, existing. (~5, Ord. 1469, 3-15-09). through Blocks 2 and 6, Morrison's 3rd Addition asthen existing. (~3, Ord. 1469, 3-15-09). 27-316. Alley between Elm and Ash, from Santa Fe to Fifth Street. (Ord. 3677, 3-24-27). (This alley originally opened Ord. 1178, 3-15-03; vacated by Ord. 2323, 4-10-20). 27 -305. Alley between Phillips and Twelfth, through Blocks 3 and 6, Morrison's 3rd Addition. (~4, Ord. 1469, 3-15-09). 27-317. Alley East from Seventh Street, north 27-306. Alley between Santa Fe and Fifth, from of South Street, (north 15 feet, lot 181 on 7th Bond Street south 114.63 feet. (Ord. 1479,4-19-09). Street). (Ord. 3282, 8-16-26). 27-307. Alley between Santa Fe and Highland, from Crawford to Bond. (Ord. 536, 4-4-87; Ord. 1157, 9-16-02). 27 -318. Alley between Santa Fe and Fifth, north of Elm being the south 170.5 feet of said alley. (~1, Ord. 3307, 11-1-26). 27-319. Alley between Fourth and Fifth, south of Elm through Lots 58 and 60 on Fourth Street, Original Townsite. (Ord. 3203, 1-11-26). 27-320. Alley between Iron and Walnut, from Eighth Street east to west line of alley between Seventh and Eighth along north line of Lot 117 on Eighth Street. (Ord. 4610, 1-21-36). - 27-308. Alley between State and Iron, from Elev- enth to Phillips. (Ord. 1095, 9-17-07). 27 -309. Alley between Grand A venue and W 000- land, from Ninth to Tenth. (Ord. 1712, 4-21-13). 27-310. Alley between Elm and Pine, west of Fifth Street widened. (Ord. 2995, 6-9-24). . . Ch. 27, Art. 4 STREETS and ALLEYS.-Alleys Vacated. 309 ._-_._..-._-----~--- ARTICLE 4.-Alleys Vacated. I 27-419. Alley between Santa Fe and Fourth, . south of Jewell. (Ord. 2757, 4-23-23). 27-401. Alley between Ash and Park, from Nmth to Tenth. (Ord. 1619, 7-31-11). 27.420. Alley between Santa Fe and Highland, from Beloit to Minneapolis. (Ord. 2351, 8-21-20). 27-402. Alley between Center and Prescott, east of Fourth Street. (Ord. 1105, 11-19-01). 27-421. Alley between Santa Fe and Highland, from Minneapolis to Jewell. (Ord. 1266, 7-17-(5). 27-403. Alley between Elm and Ash, along south side of Lot 56 on Fourth Street. (Ord. 2873, 11- 10-23). 27-404. Alley between Elm and Ash, from Santa Fe to Fifth (part of). (Ord. 1643, 1-18-12). 27-405. Alley between Elm and Ash, from Fourth to Fifth (part of). (Ord. 1643, 1-18-1912). 27-406. Alley between Elm and Pine, east of Santa Fe Avenue. (Ord. 2995, 6-9-24). 27-422. Alley between Santa Fe and Highland, from Jewell to Kirwin. (Ord. 1743, 1-19-14). 27-423. Alley between Santa Fe and Highland, from Kirwin to Claflin. (Ord. 1420, 6-3-08). 27-424. Alley between Spruce and Cedar, from Baker to Phillips. (Ord. 2307, 6-10-20). 27-425. Alley between Walnut to South Street, from Tenth to Eleventh. (Ord. 716, 9-5-89). 27-426. Alley between Third and Fourth, in Jones Addition, north of Railroad A venue. (Ord. 1271, 8-14-05). 27 -408. Alley between Grand and Woodland, from Ninth to Tenth. (Ord. 1712, 4-21-13). 27-407. Alley between Front and Second, from Elm to Pine (part of). (Ord. 2389, 5-28-21). 27-427. Alley between Third and Fourth, north of Pine Street. (Ord. 2587, 9-16-22). 27-409. Alley between Kirwin and Claflin, from Santa Fe to Highland. (Ord. 1420, 6-3-08). - 27 -428. Alley between Third and Fourth, from Ash to Elm and from Elm to Pine. (Ord. 2181, 27-410. Alley between Morrison and Prescott, 5-25-18). from Phillips to College. (Ord. 2665, 1-20-23). 27-411. Alley between Morrison and Washing- ton, east of Tenth Street along south side of Block 6, Morrison's 3rd Addition as then existing. (Ord. 1158, 9-16-02). 27 -429. Alley between Third and Fourth, from Ash to Iron. (Ord. 479, 1-18-86). 27 -430. Alley between Third and Fourth, south of Iron to Smoky Hill River. (Ord. 453, 7-20- 1885; Ord. 1545, 1-19-12). and College, of Morrison's 27-412. Alley between Phillips through Block 2 in replat of part 3rd Addition. (Ord. 2666, 1-26-23). 27-431. Alley between Fourth and Fifth, in Jones Addition south of Railroad Avenue, 50 feet. (Ord. 1271, 8-14-05). 27-413. Alley between Republic and Beloit, east of Highland. (Ord. 1878, 9-6-15). 27-432. Alley between Fourth and Fifth, in Jones Addition north of Railroad Avenue. (Ord. 1271, 27-414. Alley Between Republic and Beloit, west 8-14-05). of Santa Fe. (Ord. 2528, 7-1-22). 27-433. Alley between Fourth and Fifth, from 27-415. Alley between Santa Fe and Fifth, from Elm to Pine (part of). (Ord. 1216, 2-15-04). Elm to Ash (part of). (Ord. 1172, 1-19-03). 27-434. Alley between Fourth and Fifth, south 27-416. Alley between Santa Fe and Fifth, from of Elm. (Ord. 1296, 1-15-06). Pine to North (subject to easements for polls and mains.) (Ord. 1453, 11-18-08). 27-435. Alley between Seventh and Eighth, from North Street, north to Union Pacific right of way. 27-417. Alley between Santa Fe and Fifth, north (Ord. 2112, 12-8-17; Ord. 2198, 7-20-18). of Elm (subject to easements for poles and wires). 27-436. Alley between Seventh and Eighth, from (Ord. 1660, 6-17-12). (reopened in park, see 27- North Street south to Santa Fe right of way. (Ord. 319; ~1, Ord. 3307, 11-8-26). 2033, 5-19-17). 27-418. Alley between Santa Fe and Seventh, 27-437. Alley between Ninth and Tenth, north north of North Street. (Ord. 478, 1-18-86). lof Grand Avenue. (Ord. 1712, 4-21-13). . 310 STREETS and ALLEYS.-Alleys Vacated. Ch. 27, Art. 4 27 -438. of Bishop. Alley between Ninth and Tenth; south (Ord. 140, 11-19-74). 27-454. Alley East and West across Blocks 2 and 3, Sunny Side Addition as then existing. (Ord. 1401, 2-17-08). 27 -439. Alley between Tenth and Eleventh, north of South Street to Maple Grove Addition. (Ord. 27-455. Alley between Kirwin Avenue and Claf- 2559, 8-12-22). 'lin Avenue, from Fourth to Osborne (subject to certain easements). (Ord. 4462, 8-27-34). 27-440. Alley between Twelfth and Thirteenth, south of North Street in Block 14, Depot Addition. (Ord. 746, 7-24-90). 27-456. Alley between Jewell Avenue and Ells- worth Avenue, from Santa Fe to Fourth (subject 27-441. Alley along east side of Atherton and to certain easements). (Ord. 3361, 4-25-27). Phillips Addition. (Ord. 2173, 5-6-18). 27-457. Alley between Second and Third, from 27-442. Alley from Crawford to Bond, north and Walnut Street to Smoky Hill River. (Ord. 3370, south across Block 3, Bond's Addition as originally 5-2-27). platted. (Ord. 1364, 2-26-07). 27-458. Alley between Russell Avenue and Cloud 27-443. Alley from Bond to Wilson, east of Avenue, from Fourth to Osborne. (~2, Ord. 3947,8- Fourth Street. (Ord. 1999, 11-9-16). 11-30). 27-444. Alleys in Block 7, Depot Addition. (Ord. 196, 3-19-77). 27-445. Alleys in Blocks 8-12 and 13, Depot Ad- dition. (Ord. 633, 3-1-88). 27 -459. Alley between Russell and Claflin from Fourth to Osborne. (~3, Ord. 3947, 8-11-30). 27 -460. Alley between Second and Third, from Pine to North Street. (~4, Ord. 3947, 8-11-30). 27-446. Alley along South Side of Block 6, Mor- 27-461. Alley between Highland and Ninth, south rison's 3rd Addition as then existing east of Tenth of Ellsworth. (Ord. 3485, 12-5-27). Street. -( Ord. 1158, 9-16-02). 27 -462. Alley between Park and Ash, from Mis- 27-447. Alley East and West Through Blocks souri Pacific right-of-way west 158 feet. (Ord. 1, 2, 3 and 4, Morrison's 3rd Addition as then exist- 3308, 11-8-26). ing. (~1, Ord. 1469, 3-15-09). 27-448. Alley along South Side of Block 1, Mor- rison replat of part of Morrison's 3rd Addition as then existing west of Eleventh Street. (Ord. 1746, 2-16-14) . 27-463. Alley between Santa Fe and Fifth, south of Pine. (Ord. 3587, 8-6-28). 27-464. Alley between Twelfth and Phillips, from South to Morrison. (Ord. 3500, 1-30-28). 27-465. Alleys in Blocks 4, 5, 6, 7, 8 and 9, Cal- kins Addition (vacating certain portions). (Ord. 3529, 4-30-28). 27-449. Alley running North and South in Block 3, Morrison's replat of part of Morrison's 3rd Ad- dition as then existing west of Eleventh Street (south 140 feet). (Ord. 1746, 2-16-14). 27-466. Alley between Second and Front, from 27-450. Alley running North and South in Mid- Pacific to Woodland. (Ord. 3684, 4-1-29). dIe of Block 1, Morrison's 2nd Addition as then 27-467. Alley between Santa Fe and Seventh, existing. (Ord. 1746, 2-16-14). north of South. (Ord. 3282, 8-16-26). 27-451. Alley running North and South in Mid- dle of Block 1, Morrison's replat of part of Mor- rison's 3rd Addition west of Eleventh Street. (Ord. 1746, 2-16-14.) 27-468. Alleys in Block 5 and 10 in Depot Addi- tion, (subject to certain reservations and ease- ments). (Ord. 3809, 11-12-29; Ord. 3818, 12-16-29). 27-469. Alley between Iron and Johnstown, from 27-452. Alley running North and South in Block Penn to Columbia. (Ord. 3761, 8-5-29). 3, South Park Addition as then existing. (Ord. 1746, 2-16-14). 27-470. Alley between Russell and Cloud, from Fourth to Osborne. (~2, Ord. 3947, 8-11-30). 27-453. Alley running North and South in Block 4, South Park Addition as then existing. (Ord. 1746, 2-16-14). 27.471. Alley between Russell and Claflin, from Fourth to Osborne. (~2, Ord. 3947, 8-11-30). . Ch. 27, Art. 4 311 STREETS and ALLEYS.-Alleys Vacated. 27-472; Alley between Second and Third, from ments). (Ord. 4033, 3-16-31). Pine to North. (~4, Ord. 3947, 8-11-30). 27-473. Alley between Penn and Columbia, north of Gypsum (subject to certain easements and reser- vations). (Ord. 3836, 2-17-30). 27-475. Alley between Fourth and Fifth, west of Lots 56 and 58 on Fourth Street and east of Lots 55 and 57 on Fifth Street, Original Townsite. (Ord. 3203, 1-11-26). 27-474. Alleys in and adjacent to Blocks 1 and 2 27-476. Alley between Seventh and Eighth, for in Pleasant View Addition (subject to certain ease- 150 feet south of Iron. (Ord. 4610, 1-21-36). t-1qq.", Nf.d _. t/~~ ~V-~ ~. ~or- ~ ~~i~A.-. JA.u1- /q11 tJ2J J~ - ~tJ.L~'wU ~ -n Y-<f ~-- "~if if ~~~ " Iuvtt: 1- "nnkbt J-t. IH/- 4..- ifqfF- ~/[- ~ ~..,- ~-1'111-a.llI'NI_ (U '1'f-ln(r.-'<+"M;~ifuk~ ~~/f'1~~Io/~~~~m~N~. ~ 1 ~.JA-. . - . Ch. 28 TRASH, WASTE, GARBAGE, ETC. 313 CHAPTER 28.-TRASH, WASTE, GARBAGE, ETC. . 28-101. Throwing dirt, filth, sweepings, manure, etc., on any lots, streets, etc. It shall be unlawful for any person to throw, place or deposit, or leave or cause to be thrown, placed or deposited or left on any private premises within the City of Salina, except as hereinafter provided for, or in any of the public streets, highways~ alleys, lanes, lots, parks or thoroughfares of said City, any dirt, filth, sewerage, sweepings, rakings, dung, excrement, compost, papers, cans stable manure, boxes, leaves, ashes, grass, weeds, vegetables, slop or litter of any kind, from and after the taking effect of this ordinance. (~1, Ord. 2772, 5-14-23). 28-102. Private premises kept clean. All private premises in said City and the vacant space in the rear of any business lot, house, or mercantile estab- lishment between the rear of the building and the alley, if any such vacant space there be, shall at all times, be kept clean and clear of all of the matter set forth in Section 1 herein, and the occu- pant or occupants of the ground floor of any busi- ness house or mercantile establishment, as set forth herein, shall be and is hereby charged with the duty of keeping said space clean, except such refuse or filth as may be deposited by other occupants of such buildings, whose duty it shall be to remove the same. (~2, Ord. 2772, 5-14-22). 28-103. Occupants of ground floor responsible. It shall be the duty of the owner, or the occupant of the ground floor, if the same be not occupied by the owner, to keep the ground floor, and the space between the rear of the building and alley clean and free from all matter enumerated in Section 1. (S3, Ord. 2772, 5-14-22). 28-104. Provide metal receptacle; removal of contents; fly proof; closed. It shall be the duty of every owner or occupant of any residence, busi- ness house, hotel boarding house, mercantile or other business establishment within said City to within thirty (30) days from the taking effect of this ordinance provide a tight metal receptacle in which to place or deposit all matter set forth in Section One (1) hereof, and the contents of all such receptacles shall be removed in a careful and cleanly manner from all business houses, restaur- ants, hotels, boarding houses, mercantile or other Dusiness establishments in said City at least once each day, and shall be removed from all residences not less than once each week between the first (1st) days of October and April of each year and . not less than twice each week between the first day of April and the first day of October each year. All such receptacles shall be provided with fly-proof covers and shall be kept closed except at such times as matter is being placed therein or removed therefrom. (~4, Ord. 2772, 5-14-22). 28-105. Violation of ordinance; penalty. Any person, firm or corporation violating any of the terms of this ordinance shall upon conviction be fined in any sum not exceeding Fifty Dollars ($50.00) and be committed to the City jail until such fine is paid. (~5, Ord. 2772, 5-14-22). 28-106. Public nuisance; penalty. That it is hereby declared to be a public nuisance and un- lawful for any person owning, occupying or having control of any lot, tract or parcel of ground in the City of Salina, Kansas, to throw, place or deposit, or permit the throwing, placing, depositing or ac- cumulation thereon of any filth, sweepings, rak- ings, excrement, papers, cans, stable manure, boxes, weeds, trash, rubbish, waste or litter of any kind whatsoever, and that any person who shall know- ingly permit such a nuisance to obtain and exist through any of the causes herein enumerated or who shall knowingly violate any of the provisions hereof shall, upon conviction, be punished by a fine of not less than Five Dollars ($5.00) and not more than One Hundred ($100.00) Dollars. (~1, Ord. 2489, 4-24-1922). 28-107. Notice to owner, occupant or agent; abatement by City; assess costs. That in all cases where the owner, occupant, agent or other person having control of any property in said City upon which any nuisance has obtained and exists by reason of any of the things defined in Section One (1) hereof, shall fail, refuse or neglect to abate or remove said nuisance within five (5) days after receiving written notice by the City of Salina so to do, then said City may abate and remove said nuisance and shall assess against the property on which said nuisance has been abated the cost and expense of said abatement, which special assess- ment shall be by the City Clerk of Salina, Kansas, certified to the County Clerk of Saline County, Kansas, and collected as other special assessments are collected. (~2, Ord. 2489, 4-24-1922). 28-108. Sweepings from business buildings in streets. That it shall be unlawful for any person, co-partnership or corporation of any agent, servant, employee, member, officer or representative there- of to sweep or otherwise deposit any dust, dirt, papers, sweepings or other refuse from the interior Ch. 28 314 TRASH, WAS'J'l<;, GA.l.WAGE, ETC. I of any store, office or other building or part thereof representative, servant, employee, member, officer in the City of Salina into or upon any. public side- 0<' manager of any such person, firm or corpora- walk, street or alley in said City. (~1, Ord. 3050, tion to dump, place or throw or to direct or cause 12-8-1924. See also Secs. 15-159 to 15-162). the dumping, placing or throwing, of any dirt, stone, garbage, trash, trees or parts thereof, papers, cans, manure, ashes or any offensive, obnoxious or unsightly matter of any kind into or on or about the banks of the Smoky Hill River at any place within or adjoining the City limits or the City of Salina, without first securing special permission therefor, from the Board of Commissioners of the City of Salina, by action taken at a regular meet- ing of said Board. (SI, Ord. 3249, 5-17-26). 28-109. Violation of Sec. 28-108; penalty. Any person who shall violate or permit the violation of this ordinance by any person in his employ or under his custody, supervision, charge or direction, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $25.00. (S2, Ord. 3050, 12-9-1924). 28-110. Who responsible for observance of Sec. 28-108. The owner, manager or person in charge of any business, store or building in the City or Salina shall be deemed to be responsible for the observance of the provisions of this ordinance by all persons in his employ or under his direction and shall be deemed guilty of the violation of this ordinance by any such servant or employee, pro- vided however, that the provisions of this section shall not be deemed to relieve the person actually violating the same from punishment for such vio- lation. (S3, Ord. 3050, 12-8-1924). 28-111. Garbage hauling; regulated; require- ments; violations; penalty. That no garbage, of- fal, gleanings or refuse from poultry dressing plants or packing houses or other spoiled and de- cayed vegetable or animal matter shall be hauled or transferred through or over the public streets, alleys or thoroughfares in the City of Salina, Kan- sas, except in non-leaking barrels, vats or tanks provided with tightly fitting covers sufficient to prevent the contents thereof or effluvia therefrom, or any noisome or offensive odors arising there- from to escape from such containers, and that any such containers shall be kept in a clean and sani- tary condition, and any person, firm or corpora- tion, or any agent, representative, employee or member thereof who shall haul or transport or who shall cause or direct the hauling or transportation of any such substance through or over any street, alley or public thoroughfare within said city, ex- cept in containers as herein provided for, or who shall fail to keep such containers in a clean and sanitary condition, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not less than $5.00 and not more than $50.00 for each offense. (Sl, Ord. 3168, 10-12-25). 28-112. Unlawful to Dump Trash, Dirt, etc., in Smoky Hill River; special permission. That it shall be unlawful for any person, firm or corporation either on his or their own behalf or as the agent, 28-113. Same; removal. That every such per- son, firm or corporation shall when so ordered by the Board of Commissionel's of the City of Salina, remove from said Smoky Hill River or from the banks thereof any dirt, stone, garbage, trash, trees or parts thereof, papers, cans, manure, ashes, or any offensive, obnoxious or unsightly matter of any kind, which may have been heretofore or may here- after be placed, thrown or dumped into said river or on or along the banks of said river, adjacent to or on the property owned or occupied by them, or under their control, or placed, thrown or dumped by them or at their direction at any other point in, on or along said river or river banks. (S2, Ord. 3249, 5-17-26). 28-114. Violations; penalty. That any such per- son, firm 01' corporation who shall violate any of the provisions of Section 1 of this ordinance, or who shall rail within 5 days after receipt of notice of the order mentioned in Section 2 of this ordi- nance to remove from the river or river banks any of the material ordered to be removed shall be deemed guilty of a misdemeanor and for each of- fense shall be fined not less than $25.00 nor more than $100.00 or be impl'isoned not more than ten days, or both, and any such person so fined shall be committed to jail until such fine and the costs of said action are paid; provided that each day's failure to remove any of the material ordered to be removed as provided for in Section 2 of this ordinance, after the expiration of five days from the receipt of notice thereof, shall be deemed a separate offense. (S3, Ord. 3249, 5-17-26). 28-115. Same; Public Nuisance. That any such dirt, stone, garbage, trash, trees or parts thereof, papers, cans, manure, ashes or any offensive, ob- noxious or unsightly matter of any kind, thrown, placed or dumped into the Smoky Hill River or on or along the bank; thereof, or permitted to remain in said river or on or along the banks thereof in . Ch. 28 TRASH, WASTE, GARBAGE, ETC. 315 violation of the prOVISIOns of this ordinance, shall nuisance so existing shall be abated by the City of be deemed to constitute a public nuisance, and upon Salina at the cost of such person, firm or corpora- the failure of any person, firm or corporation to tion, and if such cost be not paid within five days, remove the same from said river, or river banks, after a statement thereof shall be presented, such on or adjacent to any property owned by such per- cost shall be assessed against the property and son, firm or corporation, within 5 days from the shall be certified by the City Clerk to the County service upon said person, firm or corporation or Clerk of Saline County, Kansas, in the same man- upon the agent, occupant, or person in control of ner and at the same time other taxes are certified, said property, of a notice so to do, served in the and collected as other special assessments are col- same manner as summons in a civil action, the lected. (S4, Ord. 3249, 5-17-26). . . . Ch. 29 TRAFFIC CODE.-Ordinance. 317 CHAPTER 29.-TRAFFIC CODE. not so constructed as to carry a load other than a part of the weight of the vehicle and load so (Published in the Book of Revised Ordinances, City drawn. of Salina, Kansas, 1939) ORDINANCE NO. 4953. An Ordinance regulating vehicular and pedestrian traffic and the use and parking of vehicles upon the public streets and elsewhere in the City of Salina, Kansas, defining certain words and terms used herein, and repealing ordinances numbered 2958, 3209, 3474, 4136, 4476, 4518, 4519, 4520, 4695 and 4851 and all other ordinances and sections of ordinances in conflict herewith, and providing pen- alties for the violation of this ordinance. Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: 29-101. Section 1. Definition of Words and Phrases: The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively as- cribed to them in this section, and such definitions shall also apply to such terms when used in any other ordinance of said city unless specifically in conflict with the terms of such other ordinance. . 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. Motor Vehicles. Every vehicle, regardless of size, which is self-propelled and every vehicle which is propelled by electric power obtained from over- head trolley wires, but not operated upon rails. Motorcycle. Every motor vehicle, regardless of size, having a saddle, seat or standing space for the use of the rider, including vehicles commonly known as motor scooters, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. Authorized Emergency Vehicle. Vehicles of the fire department, fire patrol, police vehicles, and such ambulances and emergency vehicles as are designed or authorized by the Board of Commis- sioners or the Chief of Police. School Bus. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school. Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and . Farm Tractor. Every motor vehicle designed and used primarily as a farm implement for draw- ing plows, mowing machines, and other implements of husbandry. Road Tractor. Every motor vehicle designed and used for drawing other vehicles and not so con- structed as to carry any load thereon either inde- pendently or any part of the weight of a vehicle or load so drawn. Trailer. Every vehicle without motive power de- signed 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. 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. Pneumatic Tire. Every tire in which compressed air is designed to support the load. Solid Tire. Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. Metal Tire. Every tire the surface of which, in contact with the highway, is wholly or partly of metal or other hard non-resilient material. Railroad. A carrier of persons or property upon cars, other than street cars, operated upon station- ary rails. Railroad Train. A steam engine, electric or other motor, with or without cars coupled thereto, oper- ated upon rails, except street cars. Street Car. A car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality. Explosives. Any chemical compound or mechan- ical 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, 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 Ch. 29 TRAFFIC CODE.-Ordinance. 318 the resultant gaseous pressures ducing destructible effects on or of destroying life or limb. are capable of pro- Laned Highway. A highway the roadway of contiguous objects which is divided into three or more clearly marked lanes for vehicular traffic. Flammable Liquid. Any liquid which has a flash point of 70 degrees Fahrenheit, or less, as deter- mined by a tabliabue or equivalent closed cup test device. Commissioner. The commissioner of motor ve- hicles of this state. Department. The department of motor vehicles of this state acting directly or through its duly authorized officers and agents. Person. Every natural person, firm, co-partner- ship, association, or corporation. Pedestrian. A person afoot. Driver. Every person who drives or is in actual physical control of a vehicle. Owner. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon perform- ance 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 mort- gagor shall be deemed the owner for the purpose of this ordinance. direct viola- Police Officer. Every officer authorized to or regulate traffic or to make arrests for tions of traffic regulations. Street or Highway. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. 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 per- sons. Roadway. The portion of a highway improved, designed, or ordinarily used for vehicular travel. Through Highway. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this ordi- nance. Intersection. The area embraced within the pro- longation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different high- ways joining at any other angle may come in con- flict. Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections. Any portion of a roadway distinctly indicated for pedes- trian crossing by lines or other markings on the surface. Safety Zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visi- ble at all times while set apart as a safety zone. Business District. The territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business, or as now or hereafter specifically desig- nated by ordinance of this city. 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 300 feet or more is in the main im- proved with residence or residences and buildings in use for business, or as now or hereafter speci- fically designated by ordinance of this city. Official Traffic Control Devices. All signs, sig- nals, markings, and devices, not inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use Official Traffic Control Signal. Any sign, signal, of pedestrians. I or device erected by authority of a public body . Ch. 29 TRAPFIC CODE.-Ordinance. 319 or official or by a railroad and intended to give! 29-105. Section 5. Public Officers and Employees notice of the presence of railroad tracks or the to Obey Ordinance; Exceptions. (a) The provi- approach of a railroad train. sions of this ordinance applicable to the drivers of vehicles upon the highways shall apply to the driven; of all vehicles owned or operated by the United States, this state or any county, city, town, district, 01' any other political sub-division of the state, subject to such specific exceptions as are set forth in this ordinance with reference to author- ized emergency vehicles. (b) The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal 01' any s top sign shall slow down as neces- Stop. When required means complete cessation sary for safety, but may proceed cautiously past of movement. such red or stop sign or signal. At other times drivel'S of authorized emergency vehicles shall stop in obedience to a stop sign or signal. (c) No drivel' of any allLhJl"ized emergency v"hicle shall a::.;,SurilC any ~l.ieC-a.i. l'l'lvil.ege undel' Li11,s Ol'U.i.nance except when such vehicle IS opelated in lbponse to an emel'gency (;all, or in the immediate pursuit of an actual 01' suspected violator of the law. (d) The provisions of this act shall not apply to per- sons, teams, l1lotor vehicles and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and veilicles when tl'aveling to 01' from su(;h worK. 29-106. Seetion 6. Traffic Laws Apply to Per- SOI1S Riding Bic~'cles or Animals cr Driving Animal- drawn Vehicles. Every person riding a bicycle or an animal or dr'iving any animal drawing a vehicle upon a l"oadway 01' driving or leading any animal or animals, shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions of this ordinance which by their nature can have no application. Traffic. Pedestrians, ridden or herded animals, vehicles, street car"s, and other conveyan(;es either singly or together while using any highway for purposes of travel. Right-of-Way. The privilege of the immediate use of the highway. Alley. Every passage way between two parallel streets, used by the public. Stop or Stopping. When prohibited means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the dll"ediol1 of a police officer or traffic con- trol sign or signal. Standing. Any stopping of a vehicle, whether occupied or not. . Park. The standing of a vehicle, whether occu- pied 01' not, otherwise than temporarily for the pur- pose of and while actually engaged in loading or unloading. Official Time Standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this city. 29-102. Section 2. Provisions of Ordinance refer to vehicles upon the highways; exceptions. The pro- visions of this ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: 1. Where a dif- ferent place is specifically referred to in a given sec- tion. 2. The provisions of Sections 19 to 26 in- clusive and Section 81, shall apply upon highways and elsewhere throughout the city. 29-103. Section 3. Required Obedience to Traf- fic Laws; Misdemeanors. It is unlawful, and, un- less otherwise declared in this title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. 29-104. Section 4.. Obedience to Police Officers. No person shall wilfully fail or I'efuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic. . 29-107. Section 7. Driver's License Required. No person, except those expressly exempt in Chap- ter-n of the Laws of Kansas for 1937, shall drive any motor vehicle upon any street, alley or public way in the City of Salina, Kansas, unless such per- son has been licensed as an operator or chauffeur as provided by the Laws of Kansas. 29-108. Section 8. Same. It shall be unlawful for any person within the City of Salina to author- ize 01' knowingJy permit a motor vehicle owned by him, or under his control, to be driven by any perSOll who has no legal right to do so, or who does not have a valid drivers or chauffeurs license. 29-109. Section 9.. License Number. Every motor vehicle operated on the streets of the City of Salina shall carry a state license number plate as provided by the statutes of the State of Kan- Ch. 29 320 TRAFFIC CODE.-Ordinance. sas. It shall be unlawful for any person or per- sons to remove, conceal, alter, mark or deface the license number plate or any other mark of identi- fication upon any vehicle. License plates shall be kept clean and shall be so placed on said vehicles so as to be plainly legible. 29-110. Section 10. Driving Vehicle When Li- cense Revoked or Suspended; Penalty. Any person whose operators' or chauffeurs' license has been suspended or revoked and who shall drive any motor vehicle upon any highway in the City of Salina while such license is suspended or revoked shall be deemed guilty of a misdemeanor. 29-111. Section 11. Violation of Sections 7 to 10. Any person who shall be found guilty of violating any of the terms or provisions of Sections 7, 8, 9 or 10 of this ordinance, shall upon conviction be adjudged guilty of a misdemeanor, and be fined in any sum not exceeding $500.00 or be imprisoned in the City jail not exceeding six months, or by both such fine and imprisonment. 29-112. Section 12. This Ordinance not to Inter- fere with Rights of Owners of Real Property with Reference Thereto. Nothing in this ordinance 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 re- quiring other or different or additional conditions than those specified in this ordinance or otherwise regulating such use as may seem best to such owner. 29-113A. Section 13A. Traffic Control Devices. It shall be the general duty of the City Manager to determine the installation and proper timing and maintenance of traffic control devices. 29-113B. Section 13B. Same; Placing. The City Manager shall place and maintain traffic control devices when and as required under this and other traffic ordinances of this city to make effective the provisions of such ordinances, and may place and maintain such additional traffic control devices as the Board of Commissioners may deem neces- sary and so order to regulate traffic under the traffic ordinances of this city or under state law, or to guide or warn traffic. 29-113C. Section 13C. Same; On State Highway Links. All traffic control devices erected on any street designated by the State Highway Commis- sion as a connecting link in the State Highway system shall conform to the manual and specifica- tions approved by the State Highway Commission, except af; herein specifically provided for. All traf- fic control devices erected pursuant to this or any other ordinance and not inconsistent with the pro- visions of state law or this ordinance shall be of- ficial traffic control devices. 29-113D. Section 13D. Same; State Control on State Highway Links. In placing and maintaining traffic control devices to indicate and carry out the provisions of state law or city ordinances, or to regulate, warn, or guide traffic, the governing body and city officers and employees shall be sub- ject to the direction and control of the State High- way Commission in reference to streets designated by said Commission as connecting links in the State Highway System. 29-113E. Section 13E. Signs at One-way Streets and Alleys. Whenever, by this or any other ordi- nance, a one-way street or alley is described or any time limit parking is imposed, it shall be the duty of the City Manager to erect appropriate signs giving notice thereof, and no such regulation shall be effective until said signs are erected. 29-113F. Section 13F. City Manager to erect signs on through streets and to determine and post stop and reduced speed intersections. Whenever any ordinance of this city designates and describes a through street it shall be the duty of the City Manager to place and maintain a stop sign on each and every street intersecting such through street or that portion thereof described and desig- nated as such by an ordinance of this city. 29-113G. Section 13G. Same; City Manager to Designate Zones and Lanes. The City Manager is hereby authorized: (1) to designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks and intersec- tions where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary; (2) to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians; (3) and to mark lanes for traffic on street pavements at such places as he may deem advisable consistent with this ordi- nance and other traffic ordinances of this city. 29-114. Section 14. Obedience to Official Traf- fic-control Devices. No driver or rider of a vehicle shall disobey the instructions of any official traf- fic-control device placed in accordance with the l>rovisions of this ordinance unless at the time otherwise directed by a police officer. . . . Ch.29 TRAFFIC CODK-Ordinance. ~-----~--_. ,-, -_..._._----~._----_._~. - --- ------_._---~ 29-115. .Sl!ctiQn 15. Traf(ic-control Signal Leg~ end. Whenever t.raffiq is controlled by traffic con- trol signals exhibiting the words "go", "caution", or "stop", or exhibiting differE;lnt colored lights successively one at a time, the following colors only shall be used and said terms and lights shall indicate as follows: (a) Green alone or "go". (1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohib- its either such turn. But vehicular traffic shall yield the right-of-way to other vehicles and to pedes- trians lawfully within the intersection at the time such signal is exhibited. (2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Yellow alone or "caution" when shown fol- lowing the green or "go" signal. (1) 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. (2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the road- way, and any pedestrian then starting to cross shall yield the right of way to all vehicles. (c) Red alone or "stop". (1) 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. (2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicu- lar traffic. 29-116. Section 16. Flashing Signals. When- ever flashing red or yellow signals are used they shall require obedience by vehicular traffic as fol- lows: (1) Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk 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 a stop sign. (2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 29-117. Section 17. Display of Unauthorized Signs, Signals, or Markings. (a) 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 railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giv- ing useful directional information and of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. 29-118. Section 18. Interference with Official Traffic-control Devices or Railroad Signs or 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 other part thereof. 29-119. Section 19. Accident Involving Death or Personal Injuries. (a) The drivel' of any ve- hicle involved in an accident resulting in injury to or death of any person shall immediately stop 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 accident until he has fulfilled the re- quirements of Section 21. Every such stop shall be made without obstructing traffic more than is necessary. (b) Any person failing to stop or t<ll comply with said requirements under such circum- stances shall upon conviction be punished by im- prisonment for not more than 1 year or by a fine of not less than $25.00 nor more than $500.00, or by both such fine and imprisonment. 29-120. Section 20. Accident 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 re- main at the scene of such accident until he has fulfilled the requirements of Section 21. Every such stop shall be made without obstructing traf- :{21 322 TRAFFIC CODE.-Ordinance. Ch. 29 fic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor. 29-121. Section 21. 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 avail- able 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 person to a physician, 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. 29-122. Section 22. Duty upon Striking Unat- tended Vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then 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 ve- hicle 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 statement of the circumstances thereof. 29-123. Section 23. Duty upon Striking Fixtures Upon a Highway. The driver of any vehicle in- volved in an accident resulting only in damages to fixtures legally upon or adjacent 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 request and if available exhibit his operator's or chauffeur's license and shall make re- port of such accident when and as required in Section 24 hereof. 29-124. Section 24. Duty to Report Accident. The driver of a vehicle involved in an accident resulting in the injury to or death of any person or in any property damage shall immediately there- after file with the Police Department of the city a report of such accident and the driver of a ve- hicle involved in an accident resulting in an injury to or death of any person or total property damage .e"^_'_'~"'~"';""~'="___~'___-'~"-- . to an apparent extent of $50.00 or more shall with- in 24 hours after such. accident forward a written report of such accident to the State Vehicle De- partment upon a form provided and approved by such department and shall file with the Police De- partment of the city a copy of any such report so filed with the State Vehicle Department. 29-125. Section 25. When Driver Unable to Re- port. Whenever the driver of a vehicle is physi- cally incapable of making a required accident re- port and there was another occupant in the ve- hicle at the time of the accident capable of making a report, such occupant shall make or cause to make a report and his failure to do so will con- stitute a violation of this ordinance. 29-126. Section 26. Persons Under the Influence of Intoxicating Liquor or Narcotic Drugs. (a) It is unlawful and punishable as provided in sub- division (b) of this section for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs to drive any vehicle within this state. (b) Every person who is convicted of a violation of this section shall be punished by im- prisonment for not more than one year, or by fine of not less than $100.00 nor more than $500.00, or by both such fine and imprisonment. On a second or subsequent conviction he shall be punished by imprisonment for not less than ninety days nor more than one year, and in the discretion of the court, a fine of not more than $500.00. 29-127. Section 27. Reckless Driving. (a) Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disre- gard for the safety of persons or property is guilty of reckless driving. (b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days or more than ninety days or by fine of not less than $25 nor more than $500 or by both such fine and imprisonment, and on second or subsequent conviction shall be punished by im- prisonment for not less than ten days nor more than six months, or by a fine of not less than $50 nor more than $500 or by both such fine and im- prisonment. 29-128. Section 28. Speed Restrictions. (a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent un- der the conditions then existing. . . . Ch.29 TRAFFIC CODE.-Ordinance. 323 (b) Where no special hazard existil the follow. ing speeds shall be lawful, but any speed in ex- cess of said limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful: (1) Twenty (20) miles per hour in any business district, Thirty (30) miles per hour in any residence district, and Twenty (20) miles per hour in any public park, except in school zones as hereinafter provided for. (2) Speed Limits Past Schools: No person shall drive any motor vehicle on any portion of any street adjacent to any public or private school grounds at any time when any school children are on or adjacent to the grounds or buildings of such school, or ap- proaching the same, at a rate of speed greater than fifteen (15) miles per hour, or at a rate of speed greater than is reasonable and proper, hav- ing regard for the traffic and use of the road and the condition of the road, nor at a rate of speed such as to endanger the life or property or limb of any person; provided further that the driver of any vehicle traveling on any street adjacent to any private or public school building, shall bring such vehicle to a complete stop before passing or ap- proaching such school building whenever he is sig- nalled or requested so to do by a traffic officer or traffic director placed in such street for the purpose of directing traffic past any such school building, and after being signalled to stop, it shall be unlawful for the driver of any such vehicle to proceed along any such street until such street is clear of school children and until the person giving such signal shall have signalled the driver of such vehicle to proceed. (3) That no person shall drive any vehicle over or across any wooden floored steel bridge over any river or creek in the City of Salina, or any part of which is in the City of Salina, at a rate of speed greater than fifteen miles per hour. (c) The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not re- lieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any nal'l'OW or widening roadway, or when special haz- ards exist with respect to pedestrians or other traf- fic or by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compli- ance with legal requirements and the duty of all persons to use due care. (d) In every charge of violation of this section, the complaint, also the summons, warrant or notice to appear shall specify the speed at which the de- fendant is alleged to have driven, also the prima facie speed applicable within the district or at the location. (e) The foregoing provisions of this section shall not be construed to relieve the plaintiff in any civil action from the burden of proving negli- gence as the proximate cause of an accident. 29-129. Section 29. Minimum Speed Regulation. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when re- duced speed is necessary for safe operation or in compliance with law. Police officers are hereby authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver shall be a misdemeanor. 29-130. Section 30. Special Speed Limitation on Elevated Structures. (a) No person shall drive a vehicle over any bridge or other elevated struc- ture 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 structure, when such structure is sign-posted by the City of Salina or by the State Highway Commis- sion as provided for by law. (b) Upon the trial of any person charged with a violation of this Section proof of said determination of the maxi- mum speed by said commission or city and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be main- tained with safety to such bridge or structure. 29.131. Section 31. When Speed Restrictions Not Applicable. The prima facie speed limitations set forth in this ordinance shall not apply to author- ized emergency vehicles when responding to emer- gency calls and the drivers thereof sound audible signal by bell, siren, or exhaust whistle. This pro- vision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any such vehicle from the consequence of a reckless disre- gard of the safety of others. 29-132. Section 32. Drive on Right Side of Road- way; Exceptions. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When over- Ch.29 324 TRAFFIC CODE.-Ordinance. taking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When the right half of a road- way is closed to traffic while under construction or repair; (3) Upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon; or (4) upon a roadway desig- nated and sign-posted for one-way traffic. 29-133. Section 33. Overtaking a Vehicle on the Left. The following rules shall govern the over- taking and passing of vehicles proceeding in the same direction, subject to those limitations, excep- tions, and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle pro- ceeding 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. (b) Except when over- taking 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 overtak- ing vehicle. 29-134. Section 34. When Overtaking on the Right Is Permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn. (b) The driver of a vehicle may overtake and, allowing sufficient clearance pass another ve- hicle proceeding in the same direction either upon the left or upon the right on a roadway with un- obstructed pavement of sufficient width for four or more lines of moving traffic when such movement can be made in safety. No person shall drive off the pavement or upon the shoulder of the roadway in overtaking or passing on the right. 29-135. Section 35. Limitations on Overtaking on the Left. (a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and pass- ing to be completely made without interfering with the safe operation 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 coming within 100 feet of any vehicle approaching from the opposite direction. (b) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the road- way under the following conditions: (1) When ap- proaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed; (2) When approaching within 100 feet of any bridge, viaduct, or tunnel or when approaching within 100 feet of or travers- ing any intersection or railroad-grade crossing; (3) 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 Commission. 29-136. Section 36. One-way Roadways and Rotary Traffic Islands. (a) Upon a roadway designated and sign-posted for one-way traffic a vehicle shall be driven only in the direction desig- nated. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. 29-137. Section 37. Driving on Roadways Laned for Traffic. Whenever any roadway has been di- vided into three or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (a) 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 ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle 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 moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation. (c) Official signs may be erected directing slow- moving traffic to use a designated lane or allocat- ing specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the di- rections of every such sign. 29-138. Section 38. Following Too Closely. (a) The driver of a motor vehicle shall not follow an- other 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. (b) The driver of any motor truck or motor truck drawing another vehicle when trav- . . . Ch. 29 TRAFFIC CODE.-Ordinance. 'lC)r: u.....) eling upon a roadway outside c;>f a business or resi-I an appropriate signal in the manner provided here- dence district shall not follow within 150 feet of in to the driver of any vehicle immediately to the another motor truck or motor truck drawing an- rear when there is opportunity to give such signal. other vehicle. The provisions of this subdivision shall not be construed to prevent overtaking and passing, nor shall the same apply upon any lane specially designated for use by motor trucks. i J 29-139. Section 39. Turning at Intersections. The driver of a vehicle intending to turn at an inter- section shall do so as follows: (a) Both the ap- proach 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. (b) 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 intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being en- tered. (c) Approach for a left turn from a two- way street into a one-way street shall be made in that portion of the right half of the roa!,lway 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 street shall be made by passing to the right of the center line of the street peing en- tered upon leaving the intersection. 29-140. Section 40. Turning on Curve 61' Crest of Grade Prohibited. 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 500 feet. 29-141. Section 41. Starting Parked Vehicle. No person shall start a vehicle which is stopped, stand- ing, or parked unless and until such movement can be made with reasonable safety. 29.142. Section 42. When Signal Required. (a) 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 appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such move- ment. (b) A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. (c) No person shall stop or l!1uddenly decrease the speed of a vehicle without first giving 29-143. Section 43. Method of Giving Hand and Arm Signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (1) Left turn-hand and arm extended horizontally. (2) Right turn- hand and arm extended upward or moved with a sweeping motion from the rear to the front. (3) Stop or decrease of speed-hand and arm extended downward. 29-144. Section 44. Vehicles Approaching or En- tering Intersection. (a) The driver of a vehicle approaching an intersection shall yield the right- of-way to a vehicle which has entered the inter- section from a different highway. (b) When two vehicles enter an intersection from different high- ways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (c) The foregoing rules are modi- fied at through highways and otherwise as herein- after stated in this ordinance. 29-145. Section 45. Vehicle Turning Left at Intersection. 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 is within the inter- ,section or so close thereto as to constitute an imme- diate hazard, but said driver having so yielded and having given a signal when and as required by this act, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right- of-way to the vehicle making the left turn. 29-146. Section 46. Obedience to no.turn Signs and Turning Markers. (a) 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 authorized marks, buttons, or other indica- tions are placed within an intersection indicating the course to be travelled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (b) It shall be unlawful for the driver of any vehicle to make a complete "U" turn on Santa Fe A venue, between and including the intersections of Santa Fe Avenue and Walnut Street and Santa Fe Avenue and Ash Street, or at any other intersec- ~ ~f 51'0 <,~ ,,.; cro ~~ f'~' o ~ I\{t'\ ') rj'\lf-I ~ Ch..29 326 TRAFFIC CODE.-Ordinance. tion or place on any highway in said city which Street to the north line' of Claflin Avenue, except may be hereafter designated by ordinance, and the at Pacific Avenue. City Manager shall place proper signs at such in- Ir<?n Avenue from the west line of College Ave- tersections; provided, that no "U" turns or other nue to the east line of Marymount Road except turns shall be made on any street unless such turn . , . at the entrance to Iron Avenue from the north on can be made without interfering with other traffic College Avenue. on such street and without danger to other traffic T" . and only when no other traffic is approaching which , Nlnt~ Street fro~ the north city limits to the might collide with the vehicle being turned. s?uth ~me of. ~loua Street, except at its intersec- tlOn WIth PacIfIC Avenue and Broadway Boulevard, and with Iron Avenue. Ash Street from the east line of Seventh Street to the west line of Phillips Street, except at its intersection with Ninth Street. College A venue from the north line of Elm Street to the south line of Walnut Street except at Iron Avenue, and except at the entrance to College Ave- nue from the west on State Street. State Street from the east line of Broadway Boulevard to the east line of College A venue, ex- cept at the entrance to State Street from the south on College Avenue. Pacific Avenue from the east city limits to the west line of Ninth Street, and Broadway Boulevard, from the west line of Ninth Street to the south city limits. . Walnut Street from the west line of Ninth Street to the east line of Broadway Boulevard, except where intersections are controlled by traf- fic signal lights, are hereby declared to be through highways for the purpose of this ordinance. 29-148C Section 48C. Additional Stops. No ve.. hicle shall enter any of the following named streets, from the streets hereinafter designated, without first being brought to a full and complete stop at the street line of the street which is to be entered, and until danger of colliding with vehicles lawfully proceeding along such streets has passed, to-wit: Ash Street, from Columbia Avenue (south side only), from Penn Avenue, and from Third Street; Mulberry Street, from Fifth Street (north side only) . (c) 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 at such intersections, and such course to be traveled as so indicated may conform to or be other than is prescribed by law or ordi- nance. / 29-147. Section 47. 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 with- out 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. 29-148A. Section 48A. Vehicle Entering Through Highway or Stop Intersection. (a) The driver of a vehicle shall stop as required by this ordinance at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from said through high- way or which are approaching so closely on said through highway as to constitute an immediate hazard, but said driver having so yielded may pro- ceed, and the drivers of all other vehicles approach- ing the intersection on sa,id through highway shall yield the right-of-way to the vehicle so proceeding into or across the through highway. (b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto, although not a part of a through highway, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then- proceed. 29-148B. Section 48B. Through Streets. Those streets and parts of streets described as follows: Santa Fe Avenue from the south line of Otis 29-148D. Section 48D. Stop Signs; Traffic Con- trol Devices. Every such stop sign and every traf- fic control device hereafter erected upon any street or at the entrance to any street designated by the State Highway Commission as a connecting link in the State Highway system shall conform to the State Manual and specifications adopted by the State Highway Commission. All other stop signs and traffic control devices erected by the City of Salina pursuant to this ordinance shall be of such kind and character as are sufficient to indicate and {Jdd.tlOf\O\ J-;-o P" - ~ Ot'6 :!l- ,-\,\'1\- 'f ~~~ L.. R\<-- \-'" ,...' '('>~\ . Ch. 29 TRAFFIC CODE.-Ordinance. 327 carry out the prOVISlons of this ordinance and of the laws of the State of Kansas relating to traffic in cities and of such type as may be selected and installed by the City Manager with the approval of the Board of Commissioners. . 29-149. Section 49. Slow Signs. Whel'ever at any intersection or other place on any street the volume or condition of the traffic is such, in the judgment of the City Manager and the Chief of Police, as to make the same necessary for the safety of traffic, or wherever on any street the Board of Commissioners may order the same, signs shall be placed in such streets bearing the word "SLOW". Whenever any such sign is placed in any street, the same shall be deemed to be a warning to all traffic approaching such sign that a danger- ous or hazardous condition exists, and it shall be the duty of the driver of any vehicle approaching such sign or entering any intersection where such sign is placed to slow down the speed of his vehicle to such speed as is reasonable under the circum- stances in view of the condition of traffic at such place, and so as to have his vehicle under suffi- cient control to avoid any collision with any other vehicle, person or object, and he shall not increase the speed of his vehicle until the danger thereof has passed. position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to re- lieve the driver of an authorized emergency ve- hicle from the duty to drive with due regard for the safety of all persons using the highway. 29-153. Section 53. Pedestrians Subject to Traf- fic-control Signals. Pedestrians shall be subject to traffic-control signals at intersections as heretofore declared in this act, but at all other places pedes- trians shall be accorded the privileges and shall be subject to the restrictions stated in this ordinance. 29-154. Section 54. Pedestrians' Right-of-way at Crosswalks. Where traffic-control signals are not in place or in operation the driver of a ve- hicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any mal'ked crosswalk or within any unmarked crosswalk at an intersec- tion, except as otherwise provided in this ordinance. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an in- tersection to permit a pedestrian to cross the road- way, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 29-150. Section 50. Vehicle Entering Highway 29-155. Section 55. Crossing at Other than from Alley or Private Road or Driveway. The I Crosswalks. (a) Every pedestrian crossing a road- drive~ of a vehicle about to enter or cross a high-I way at a ~,oi~t other than within a marked ~ross- way from an alley or from a private road or drive- I wal~ or Wl1hll~ a unmar~ed crosswalk at an l~tel'- way shall stop before entering such highway and I sec1lon shall YIeld the nght-of-way to. all vehl~les yield the right-of-way to all vehicles approaching upon the roadway. (b) Any pedestnan crossmg on said highway. a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided 29-151. Section 51. Stop When Traffic Ob- I shall yield the right-of-way to all vehicles upon the structed. No driver shall enter an intersection or I roadway. (c) Between adjacent intersections at a marked crosswalk unless there is sufficient space I which traffic-control signals are in operation pedes- on the other side of the intersection or crosswalk trians shall not cross at any place except in a to accommodate the vehicle he is operating with- marked crosswalk. (d) Notwithstanding the pro- out obstructing the passage of other vehicles or visions of this section every driver of a vehicle shall pedestrians, notwithstanding any traffic control exercise due care to avoid colliding with any pedes- signal indication to proceed. I trian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. 29-152. Section 52. Operation of Vehicles on Approach of Authorized Emergency Vehicles. (a) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audi- ble signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right- of-way and shall immediately drive to a position parallel to, and as close as possible to the right- hand edge or curb of the highway, clear of any intersection, and shall stop and remain in such . 29-156. Section 56. Pedestrians to use Right Half of Crosswalks. Pedestrians shall move, when- ever practicable, upon the right half of crosswalks. 29-157. Section 57. Pedestrians Soliciting Rides. No person shall stand or walk in a roadway for Ch. 29 TRAFFIC CODE.--Ordinance. 328 the purpose of soliciting a ride from the operator of any private vehicle. 29-158. Section 58. Driving Through Safety Zone Prohibited. No vehicle shall at any time be driven through or within a safety zone. 29-159. Section 59. Obedience to Signal Indicat- ing Approach of Train. (a) Whenever any person driving a vehicle approaches a railroad grade cross- ing and a clearly visible electric 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 feet but not less than ten feet from the nearest track of such railroad and shall not proceed until he can do so safely. (b) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. 29-160. Section 60. All Vehicles Must Stop at Certain Railroad Grade Crossings. The State High- way Commission is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any ve- hicle shall stop within fifty feet but nut less than ten feet from the nearest track of such grade cross- ing and shall proceed only UpOll exercising due care. 29-161. Section 61. Certain Vehicles Must Stop at All Railroad Grade Crossings. (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than ten feet from the nearest rail of such raih'oad, and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. (b) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed. 29-162. Section 62. Moving Heavy Equipment at Railroad Grade Crossing. (a) No person shall operate or move any crawler type tractor, steam shovel, derrick, roller, or any equipment or struc- ture having a normal operating speed of six or less miles per hour, or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (b) Before making any such crossing the per- son operating or moving any such vehicle or equip- ment shall first stop the same not less than ten feet nor more than thirty feet from the nearest rail of such railway, and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indi- cating the approach of a train, and shall not pro- ceed until the crossing can be made safely. (c) No such crossing shall be made when warn- ing is given by automatic signal or crossing gates or flagmen or otherwise of the immediate approach of a railroad train or car. 29-163. Section 63. Railroad Trains Not to Block Streets. It shall be unlawful for the directing of- ficer or the operator of any railroad train to direct the operation of or to operate the same in such cI. manner as to prevent the use of any street for purposes of travel for a period of time longer than 5 minutes, except that this provision shall not apply to trains of cars in motion other than those en- gaged in switching. 29-164. Section 64. Railroads, Backing Across Streets. It shall be unlawful for the directing of- ficer 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 of Salina without first stationing, or causing to be stationed in said street, avenue or thoroughfare, a flagman or other employee of said railroad whose duty it shall be to warn, by suitable signals, all approach- ing traffic of the immediate approach of such train or car or cars of such train or other object moving along such track; provided further, that no rail- road car or cars, or other object moving along such track shall be shuttled, switched, driven or "bumped" across any street, avenue or thoroughfare in the City of Salina unless such cars are attached to an engine and under proper control. 29-165. Section 65. Stop Before Emerging from Alley or Private Driveway. The driver of a ve- hicle within a business or residence district emerg- ing from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a Ch.29 TRAFFIC CODE.-Ordinance. sidewalk or into the sidewalk area extending. across provisions of Section 68 shall be deemed guilty of any alleyway or privati! driveway. a misdemeanor and. shall be fined not less than $25.00 nor more than $100.00 for each offense. 29-166. Section 66. Stopping, Standing, or Park. ing Outside of Business or Residence Districts. (a) Upon any highway outside of a business or resi- dence di-f;trict no person shall stop, park or leave standing any vehicle, whether attended or unat- tended, upon the paved or improved or main trav- eled 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 unobstructed width of at least twenty feet of such part of the highway opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle be avail- able from a distance of 200 feet in each direction upon such highway. (b) This section shall not apply to the driver of any vehicle which is dis- abled while on the paved or improved 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. . 29-167. Section 67. Officers Authorized to Re. move Illegally Stopped Vehicles. (a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing pro- visions of Section 66, such officer is hereby author- ized 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 of such highway. (b) 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 ve- hicle to the nearest garage or other place of safety. 29-168. Section 68. Streets as Parking Zones or Stations for Buses; Prohibited; Exceptions. That after this ordinance takes effect, it shall be un- lawful for any person, copartnership or corporation, or any agent, representative or employee thereof to use any of the streets in the City of Salina or any part or parts thereof as a parking zone or as a loading or unloading station for buses and stages, except as provided for in any bus franchise ordi- nance. 29-169. Section 69. Same; Violation; Penalty. Any person, copartnership or corporation, or any agent, servant or employee thereof who shall vio- late or cause or permit the violation of any of the 29-170. Section 70. Stopping, Standing, or Park- ing Prohibited in Specified Places. (a) No per- son shall stop, stand, or park any vehicle upon a street other than an alley, in such a manner or under such conditions as to leave available less than 20 feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers, or when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic- control device. (b) It shall be unlawful for any person to park any vehicle in any of the following places: (1) On a sidewalk, or so that any part of such vehicle or the contents thereof extends across such sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within fifteen feet of a fire hydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at an intersection; (7) within thirty feet upon the approach to any flash- ing beacon, stop sign, or traffic-control signal lo- cated at the side of a roadway; (8) between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indi- cated by signs or markings; (9) within fifty feet of the nearest rail of a railroad crossing; (10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy- five feet of said entrance (when properly sign- posted); (11) alongside or opposite any street ex- cavation or obstruction when such stopping, stand- ing, or parking would obstruct traffic; (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) upon any bridge with a roadway width of less than 30 feet; (14) upon any elevated structure upon a highway or within a highway tunnel; (15) at any place where official signs prohibit stopping. (c) No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful. (d) It shall be unlawful to park any vehicle in any alley, except for the purpose of loading or unloading merchandise or other property from or onto premises adjacent to such alley, and then only for such time as is reasonably necessary to com- plete such loading or unloading. 329 Ch.29 'fRAFFIC CODE.-Ordinance. 330 29-171. Section 71. Use of Alleys by Trucks. It shall be unlawful on account of danger to other traffic and to property of other persons caused thereby and the hazard to other traffic when such vehicles are driven into or from alleys, for any person to drive or back, or cause to be driven or backed into or from, or to stand in any alley in the City of Salina, where the width of such alley is not more than 10 feet, any truck having a total length of more than twenty feet, or any combina- tion of vehicles commonly known as truck and trailer or semi-trailer, or tractor and trailer or semi-trailer. 29-172. Section 72. Parking Adjacent to School. There are hereby created "No Parking" zones 30 feet in length along the curb lines immediately in front of and adjacent to the entrance or entrances of every school building in the City of Salina and on the north side of Mulberry Street adjacent to the Washington High School building, and on the west side of Ninth Street adjacent to the grounds of the Bartlett School, and it shall be unlawful for any person to park any vehicle in any such "No Parking" zone. 29-173. Section 73. Parking of Verocles. Except as herein otherwise provided, all vehicles when parked or left standing in any street shall be parked parallel with the curb or gutter line of such street, and with the right hand side of the vehicle not more than one foot distant from the said right hand curb or gutter line of such street, and where there is no curb it shall be stopped or parked with the right hand wheels parallel with and as close as may be practicable to the right hand edge of the roadway; Provided, that on Iron Avenue be- tween Delaware Street and Marymount Road, no vehicle shall be parked or stopped on the concrete pavement slab or within two feet from either side of such pavement. 29-174. Section 74. Angle Parking. On the fol- lowing named streets, vehicles shall be parked with the right side of any such vehicle toward and at an angle of 50 degrees with the right hand curb line of such street, and with the right front wheel of such vehicle against the curb or on the curb line of such street, and it shall be the duty of the City Manager and the Street Department to be caused to be plainly marked upon the curb or along the curb line, by means of painted lines, set at an angle of 50 degrees with the curb line, and nine (9) feet distant from center to center of such lines at the curb line, indicating the spaces within which and the angles.- at which '-all vehicles shall be' parked on such portion of" such streets, and it shall be un- lawful for any driver or owner of any vehicle to park or permit the same to be parked on any por- tion of any such street except within the spaces so indicated, and at the angles so indicated, the streets upon which such angle parking is to be re- quired, being as follows: Santa Fe Avenue between Pine Street and Mul- berry Street. East side of Santa Fe Avenue from Claflin Ave- nue to Kirwin Avenue. East side of Santa Fe Avenue from Ellsworth A venue to the alley north of Ellsworth Avenue. West side of Santa Fe Avenue from Mulberry Street to South Street. West side of Santa Fe Avenue from Jewell Ave- nue to Kirwin Avenue. Fifth Street between Ash Street and Walnut Street. Seventh Street between Elm Street and Walnut Street. East side of Eighth Street between Ash Street and Walnut Street. Iron Avenue between Fourth Street and Ninth Street. North side of Mulberry Street from Fifth Street to the alley west of Santa Fe Avenue. South side of Mulberry Street between Second and Third Streets. Claflin Avenue between Highland Avenue and Fourth Street. Provided further, that wherever the curbs of any street have been set back and additional width of paving provided, the City Manager may designate such spaces for angle parking and may cause the same to be marked for such purpose, in which event they shall be governed by the same regula- tions as streets specifically designated for such purpose. Where curbs have been cut for drive- ways, but such driveways are not being used for such purpose the space along the curb line in front of such driveways shall be used for parking. 29-175. Section 75. No Parking Zones. At the end of each block within the business district, and specifically upon all streets where angle parking is required and at such other places on any street as the City Manager may deem necessary or as may be ordered by the Board of Commissioners, zones shall be set aside and designated where park- ing of vehicles shall be prohibited, and it shall be . Ch. 29 TRAFFIC CODE.-Ordinance. 331 the duty of the City Manager to cause signs to be erected or the curbs to be marked, but such dis- tance within each such district, designating and setting apart such no parking zones, as in his judg- ment is reasonable and proper for the safety of traffic and pedestrians using such streets, or for such distance as may be hereafter specifically or- dered by the Board of Commissioners, and when such signs are erected or painted, it shall be un- lawful for any person to park any vehicle within any zone so designated and marked. 11me-. ~,~ . t~' f),o.~ u'\~\ ~1,..- -'tV f' "'1,\\ / ~~\ 1-~\' f\- J.-..o'f'd. q\,"\ 9)o~ ~t~ \.l,- <\ ",J.. f 29-176. Section 76. No Parking Signs. Each zone or place on any street in the City of Salina where parking is prohibited under the provisions of this ordinance or any other ordinance of said city shall be plainly marked and designated by signs or by having marked on the curb the words "No Parking", and this ordinance shall not be ef- fective as to any zone or place unless the same is so marked, except in case of parking near a fire hydrant. 29-177A Section 77A. Parking Time Limited in Designated Places; Two Hour Parking Zone. No pel'S shall park or leave or cause or permit to be parke or left, any vehicle for more than two hours at any e time, and in anyone place, between the hours f 7 o'clock A. M. and 7 o'clock P. M. on any day the week except Sunday on any of the following reets in the City of Salina between the limits here I fter mentioned, to-wit: On Santa Fe A from Elm Street to Mul- berry Street. On Fifth Street Walnut Street. On Seventh Street from Walnut Street. On Iron Avenue from FourtH Street to Eighth Street. On Walnut Street from Fifth Str t to Seventh Street. \" On Ash Street from Fifth Street t~ Seventh S~~~ , Provided, that the parking limits herein pro~ided for shall not apply where other limits within \~e zones hereby created are otherwise specifically prd-., vided for by ordinance. 29-177B. Section 77B. Same; 30 Minute Park- ing Zones. Two parking zones for five cars each, are hereby established on each side of Santa Fe Avenue in the City of Salina between Ash Street and Elm Street. The City Manager shall designate . and have marked such zones, and after they are so marked, it shall be unlawful for any person to park or leave or cause or permit to be parked or left in any space in any such zone, any vehicle for more than thirty minutes at anyone time between the hours of 7 o'clock A. M. and 7 o'clock P. M. P 29-.1 77Cz' Secti,ornh 7C~Ct' l\~ame; Flh'ftlelen dMhinu~e J+n1 d, a Ing ones. . e I y .uanager S a an e IS fl, herel:i authorized and directed to designate and 1-0 ..,.M., have m ked three zones on each side of each block pI<<" on Santa e Avenue between Ash Street and Wal- ~. '" nut Street, d two zones on the west side and one '{,\$' ~ 3>. zone on the t side of Fifth Street between Iron ") '\ \ -t" - 3 Avenue and Street, and two zones on each f' side of E'ifth Stre between Iron Avenue and Wal- nut Street with pa 'ng spaces in each of such zones for five cars, a one zone in each block on each side of Iron Avenu etween Fifth Street and Seventh Street, with parki spaces in each of such zones for three cars, and al f the south side of Iron Avenue between Eighth S eet and the alley west of Seventh Street, and all 0 he east side of Eighth Street between Iron Avenue d the drive- way south of the Post Office buildin and after such zones are designated and marked i shall be unlawful for any person to park or leave 0 cause or permit to be parked or left in anyone ace in any such zone any vehicle for more than fift n minutes at one time, between the hours of 9 o'cloc A. M. and 7 o'clock P. M. 29-178. Section 78. Marking of Vehicles. The Chief of Police shall cause all vehicles parked on that portion of the streets designated in Sections 77A, 77B and 77C, of this ordinance, to be marked in such manner as to distinguish such vehicles dur- ing the hours in which the parking requirements within such limits are effective, and any person who shall remove, erase, or destroy or cause to be re- moved, 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 ordinance, shall be deemed guilty of a viola- tion of this ordinance. 29-179. Section 79. 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 in the ordinances of the City of Salina relating to taxicabs, and it shall be unlawful for any person to use any portion of any street for the parking of any passenger carrying Oh. 29 TRAl<'FIC CODE. --Ordinance. 332 ,~ bus or stage or as a station or stand for any such bus 01' stage, except as specifically prescribed or designated by an ordinance of the City of Salina relating thereto or as permitted in any franchise ordinance or agreement duly entered into by the Board of Commissioners of said city and owners or operators of any such bus or stage, provided however, that this provision shall not prevent the driver of any bus or taxicab from temporarily stopping in accordance with other stop or parking regulations at any place for the purpose of and while actually engaged in loading or unloading pas- sengers. 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 taxi- cab stand when such stop or stand has been offi- cially designated and appropriately signed, except that the driver of a passenger vehicle may tem- porarily stop therein for the purpose of and while actually engaging in loading or unloading passen- gers when such stopping does not interfere with any bus or taxicab waiting in or about to enter such zone. (See also Sec. 69). 29-180. Section 80. Truck Parking; Generall)-, It shall be unlawful for any person to park or leave any combination of vehicles commonly known as a truck and trailer or truck and semi-trailer on any portion of a street in the City of Salina where angle parking is required by Ol'dinance, at any time, either for loading or unloading property or for any other purpose. t It shall be unlawful for any person to park or leave any vehicle of any kind having a total length of more than 18 feet on any street in the City of Salina where angle parking of ve- hicles is required by ordinance, except temporarily for the purpose of loading or unloading merchan- dise and then only when the use of such vehicle for such purpose does not interfere with the regu- lar traffic on such street, and will leave at least 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 provisions of this ordinance and in the case of a horse drawn vehicle the distance from the horses' heads to the rear end 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 of Salina (except as herein specifically permitted) shall be parked or left in some portion of the street where parking parallel with the curbing is required 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 curb line of such street. Provided however, that none of the provisions con- tained in the foregoing 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 com- mercially known as truck and trailer or semi-trailer, and the parking of such vehicles on such streets shall be covered by the provisions of the first sen- tence of this section. 29.181. Section 81. All Night Truck Parking; Truck Parking in Driveway and Yards. It shall be unlawful for any person to use any street in the City of Salina for what is commonly known as the all-night parking of any truck or commercial ve- hicle, or to park or permit any such truck or com- mercial vehicle to stand all night in any street; and no such truck or commercial vehicle shall be park;ed or kept all night in any driveway or front yard of any private premises in the City of Salina in any residential district as designated by the zon- ing ordinance of said city or amendments thereto, between the street line and the building set back line as designated by such zoning ordinance, and if such truck or commercial vehicle is one used for the transportation of live stock or gasoline or other flammable liquid, the same shall not be parked at any time in any driveway or yard within 50 feet of any dwelling house occupied by any person or family other than the person or family of the per- son owning or using such truck or commercial ve- hicle. For the purpose of this ordinance, all night parking is defined as the parking of any vehicle in one or more places within any prohibited area, for a total of more than three hours between the hour of 10 o'clock P. M. and 7 o'clock A. M. 29-182, Section 82. Obstruction to Driver's View or Driving Mechanism; Unlawful Riding. (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver's control over the driving mechanism of the vehicle. (b) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driv- ing mechanism of the vehicle. (c) No passenger in a vehicle shall ride in such position as to inter- fere with the driver's view ahead or to the sides, - Ch. 29 TRAFFIC CODE.-Ordinance. or to interfere with his control over the driving mechanism of the vehicle. (d) No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. 29-183. Section 83. Boarding or Alighting from Vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. 29-184. Section 84. 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. 29-185A. Section 85A. Riding on Handlebars or Other Parts Prohibited. The operator of a motor- cycle or bicycle when upon a street shall not carry any other persons upon the handle bar, 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. 29-185B. Section 85B. Bicycles and Other Vehi- cles on Sidewalks. 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 high- way, and no person shall ride a bicycle on any side- walk in any business district. In residence dis- tricts, 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 ap- proaching or passing a pedestrian shall slow or stop the same if necessary to avoid colliding with or interfering with the passage of any pedestrian on such sidewalk. 29-185C. Section 85C. Parents or Guardians Re- sponsible for Acts of Children. Any parent or guar- dian of any child under the age of sixteen years who permits such child to ride or operate any bi- cycle or other vehicle in the City of Salina shall be responsible for the obedience of such child to the requirements of this ordinance, and it shall be un- lawful for any parent or guardian of any such child to knowingly permit the violation by such child of any of the provisions of this ordinance, or to furnish to or permit the use by any such child of any bicycle or other vehicle in violation of the pro- visions of this ordinance, and the continued viola- -/' - tion by any such child of any provisions of this ordinance after notice of such violation has been brought to the attention of such parent or guar- dian shall be presumed to be with the knowledge and consent of such parent or guardian. 29.185D. Section 85D. Police to Take Up Bi- cycles and Other Vehicles. If any child under the age of sixteen years shall operate or ride on any bicycle or other vehicle in violation of the pro- visions of this ordinance or if any such bicycle or other vehicle, or the equipment of the same, fails to comply with the requirements of this ordinance, any police officer of the city may take possession of such vehicle and take the same to the police head- quarters in said 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 ordinance. 29-186. Section 86. Use of Coasters, Roller Skates, and Similar Devices Restricted. No per- son 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 on a crosswalk or except upon streets set aside as play streets when and as authorized by ordinance of this city. 29-187. Section 87. Unattended Motor Vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, 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. 29-188. Section 88. Vehicles; Repairing, Wash- ing on Street; Prohibited. No person shall repair any vehicle or any part or tires thereof or paint any vehicle, or permit the same to be done, on any street, except in case of emergency as set forth in Section 66 of this ordinance. No vehicle shall be washed in any street in any commercial or indus- trial district as defined by the zoning ordinance. 29-189. Section 89. Permits for Parades and Processions. No procession or parade other than a funeral procession, excepting the forces of the United States Army or Navy, the military forces of this state, and the forces of the police and fire department, shall occupy, march, or proceed along any street except in accordance with a permit is- sued by the Chief of Police and such other regula- tions as are set forth herein which may apply. 33.3 334 TRAFFIC CODE.-Ordinance. Ch.29 29-196. Section 96. Putting or permitting Glass, etc., on Highway Prohibited. (a) 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 ve- hicle upon such highway. (b) 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 material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. 29-197. Section 97. Unsafe Vehicles and Equip- ment; Scope and Effect of Regulations. (a) It is a misdemeanor 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 combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this ordinance, or which is equipped in any manner in violation of this ordinance, or for any person to do any act forbidden or fail to perform any act re- quired under this ordinance. (b) The provisions of this ordinance with respect to equipment on ve- hicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors ex- cept as herein made applicable. 29-198. Section 98. When Lighted Lamps Are Required. (a) Every motor vehicle upon a high- way within this city at any time from a half hour after sunset to a half hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead, 29-194. Section 94. Following Fire Apparatus shall display lighted lamps and illuminating devices Prohibited. The driver of any vehicle other than as hereinafter respectively required for different one on official business shall not follow any fire 1 classes of vehicles subject to exceptions with respect 29-190. Section 90. Funeral and Other Proces- sions. (a) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of at least the first four vehicles in such procession, of a pennant of a type desig- nated by the Chief of Police or the traffic division of the Police Department. (b) 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 close as is practical and safe. 29-191. Section 91. Driving Through Procession. No driver of a vehicle shall drive between the ve- hicles comprising a funeral or other authorized pro- cession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at intersections where traffic is controlled by traf- fic control signals or police officers. 29-192. Section 92. Zone of Quiet. 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 warn- ing device of said vehicle except in an emergency. The City Manager shall have authority to tempo- rarily 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 tem- porary zone of quiet shall embrace all territory within a radius of 200 feet of the building occupied by the person named in the request of said physi- cian. Said temporary zone of quiet and any other zone of quiet declared by any ordinance of this city shall be designated by the City Manager by placing at a conspicuous place in the street a sign or marking bearing the words "Quiet Zone". 29-193. Section 93. 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 residence are within such closed area, and then any said driver shall exercise the greatest care in driving upon any said street or portion thereof. The City Manager shall have authority to declare any street or part thereof a "play street" and to place appropriate signs or devices in the roadway indicating and helping to protect the same. apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such Ve- hicle within the block where fire apparatus has stopped in answer to a fire alarm. 29-195. Section 95. Crossing Fire Hose. No ve- hicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or elsewhere, to be used at any fire or alarm of fire, without the consent of the fire department official in command. . . . Ch.29 TRAFFIC CODE.-Ordinance. to parked vehicles as hereinafter stated. (b) When- i 29-1,101.. Section 101. Clearance, Identification, ever requirement is hereinafter declared as to the and side-marker Lamps. Within thirty days after distance from which certain lamps and devices shall the effective date of this act every motor vehicle render objects visible or within which such lamps 01' motor-drawn vehicle designed or used for the or devices shall be visible, said provisions shall transportation of property 01' for the transporta- apply, during the times stated in subdivision (a) tion of passengers for compensation, except buses of this section, upon a straight, level, unlighted operated entirely within the city, when their in- highway under normal atmospheric conditions un- teriors are illuminated, shall display lighted lamps less a different time or condition is expressly stated. at the times mentioned in Section 98 when and as required in this section, except that such lamps may be but are not required to be lighted when any such vehicle is upon a highway which is sufficiently il- luminated by street lamps to render any person or vehicle visible at a distance of 500 feet. 29-199. Section 99. Head Lamps on Motor Ve- hicles. (a) Every motor vehicle other than a motorcycle shall be equipped with at least two 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 act. (b) Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limi- tations of this ordinance. 29-1,100. Section 100. Rear Lamps and Reflec- tors. (a) Every motor vehicle and every vehicle which is being drawn at the end of a train of ve- hicles shall be equipped with a lighted rear lamp, exhibiting a red light plainly visible from a dis- tance of 500 feet to the rear. (b) Either such rear light or a separate lamp shall be so constructed and placed as to illuminate with a white light the l'ear registration plate and render it clearly legible from a distance of fifty feet to the rear. When the rear license plate is illuminated by an electric lamp other than the required rear lamp, said two lamps shall be turned on or off by the same control switch at all times whenever head lamps are lighted. (c) Every new motor vehicle, trailer, or semi-trailer hereafter sold, and every commercial vehicle here- after operated on a highway, shall also carry at the rear, either as a part of the rear lamp or sep- arately, a red reflecter meeting the requirements of this section. (d) Whenever a red reflector is required or permitted to be used in substitution of lamps upon a vehicle under any of the provisions of this ordinance, such reflector shall be mounted upon the vehicle at a height not to exceed sixty inches nor less than twenty-four inches above the ground upon which the vehicle stands, and every such reflector shall be so designed and maintained as to be visible at night from all distances with- in 300 feet to fifty feet from such vehicle, except that on a commercial vehicle the reflector shall be visible from all distance within 500 feet to fifty feet from such vehicle, when directly in front of a motor vehicle displaying lawfully lighted head lamps as provided in Section 98 hereof. 1. Clearance lamps. Every such vehicle having a width at any part in excess of eighty inches shail be equipped with two clearance lamps located on the extreme left side of such vehicle, one located at the front and displaying an amber light visible from a distance of 500 feet to the front of the vehicle and the other located at the rear of the vehicle and displaying a red light visible from a distance of 500 feet to the rear of the vehicle, which said rear clearance lamp shall be in addition to the red rear lamp hereinbefore required. 2. Identification lamps, front and rear. Every such vehicle or combination of such vehicles having a length in excess of thirty feet or a width in ex- cess of eighty inches shall be equipped with lamps on the front displaying three amber lights and lamps on the rear displaying three red lights, and the lights in each such group shall be evenly spaced not less than six nor more than twelve inches apart along a horizontal line near the top of the vehicle, and said lights shall be visible from distance of 500 feet to the front and rear, respectively, of the ve- hicle. 3. Side-marker lamps. Every such vehicle or combination of such vehicles which exceed twenty feet in over-all length shall be equipped with at least four side-marker lamps, one on each side near the front and one on each side near the rear. Said lamps near the front shall display amber lights and said lamps near the rear shall display red lights, each visible from a distance of 500 feet to the side of the vehicle on which it is located. If the clearance lamps on the left side of a ve- hicle as hereinbefore required display lights visible from a distance of 500 feet at right angles to the left of the vehicle they shall be deemed to meet the requirements as to left marker lamps in this para- graph. In lieu of such side marker lamps any such vehicle may be equipped with four reflectors, two 335 Ch.29 336 'I'RAF'FIC CODE.--Ordinance. on each side and otherwise meeting the ments of this ordinance. require-I 29-1,106. Section 106. Spot Lamps and Auxiliary Driving Lamps. (a) 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 another vehicle that no part of the high intensity portion of the beam will be di- rected to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. (b) Any motor vehicle may be equipped with not to exceed three auxiliary driv- ing lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the ve- hicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limita- tions set forth in this ordinance. 29-1,102. Section 102. Lamp or Flag on Pro- jecting Load. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 98 hereof, a red light or lan- tern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern 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 ex- treme rear end of such load a red flag or cloth not less than sixteen inches square. 29-1,]03. Section 103. Lamps on Parked Ve- hicles. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in Section 98, such vehicle shall be equipped with one or more lamps which shall ex- hibit a white light on the roadway side visible from a distance of 500 feet to the front of such vehicle and a red light visible from a distance of 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 regula- tions upon a highway where there is sufficient light to reveal any person or object within a distance of 500 feet upon such highway. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. 29-1,104. Section 104. Lamps on Bicycles. Every bicycle operated upon any street or highway in the night time shall be equipped with a lamp on the front exhibiting a white light visible from a dis- tance of at least 500 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 500 feet to the rear; except that a red reflector meeting the requirements of this ordinance may be used in lieu of a rear light. 29-1,105. Section 105. Lamps on Other Vehicles and Equipment. All vehicles, including animal- drawn vehicles and including those referred to in Section 97 not hereinbefore specifically required to be equipped with lamps, shall at the times speci- fied in Section 98 hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear. 29-1,107. Section 107. Signal Lamps and Signal Devices. (a) Any motor vehicle may be equipped and when a signal lamp or device is required under this ordinance shall be equipped, with a signal lamp or signal device which is so constructed and located on the vehicle as to give a signal of intention to stop which shall be red or yellow in color and sig- nals of intention to turn to the right or left, all of which signals shall be plainly visible and un- derstandable in normal sunlight and at night from a distance of 100 feet to the front and rear but shall not project a glaring or dazzling light; ex- cept that a stop signal need be visible only from the rear. (b) All mechanical signal devices shall be self-illuminated when in use at the times men- tioned in Section 98. 29-1,108. Section 108. Additional Lighting Equipment. (a) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (b) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or amber light without glare. (c) Any motor ve- hicle may be equipped with a back-up lamp either separately or in combination with another lamp; except that no such back-up lamp shall be continu- ously lighted when the motor vehicle is in forward motion. 29-1,109. Section 109. Multiple - beam Road- Lighting Equipment. Except as hereinafter pro- vided, the headlamps, or the auxiliary driving lamps, or combination thereof, on motor vehicles shall be so arranged that the driver may select at will be- tween distributions of light projected to different elevations, subject to the following requirements . . . Ch..29 TRAFFIC CODE.-Ordinance. 337 and limitations: (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and ve- hicles at a distance of at least 350 feet ahead for all conditions of loading. The maximum intensity of this uppermost distribution of light of composite beam one degree of arc or more above the horizon- tal level of the lamps when the vehicle is not loaded shall not exceed 8,000 apparent candlepower, and at no other point of the distribution of light or composite beam shall there be an intensity of more than 75,000 apparent candlepower. (b) There shall be a lowermost distribution of light, or composite beam, so aimed that: (1) When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the left of the prolonga- tion of the extreme left side of the vehicle shall, at a distance of twenty-five feet ahead, project higher than a level of ten inches below the level of the center of the lamp from which it comes. (2) When the vehicle is not loaded, none of the high-intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty- five feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes. (3) In no event shall any of the high intensity of such lowermost distribu- tion of light or composite beam project higher than a level of forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. (c) Where one intermediate beam is pro- vided, the beam on the left side of the road shall be in conformity with (b) (1) of this section ex- cept when arranged in accordance with the practice specified in (e). (d) All road lighting beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least 100 feet ahead. (e) All road lighting equipment manu- factur'ed and installed on and after January 1, 1938, shall be so arranged that whenever any beam is used which is not in conformity with paragraph (b) (1) of this section, two white or yellow lights, one on each side of the vehicle, visible to an on- coming driver and to the driver of said vehicle shall be lighted, except that other suitable alternate means may be provided for indicating to the driver behind the light when such beams are on. Indicator lights shall not be connected otherwise than as re- quired in this paragraph. Beam indicator lights and front parking lights shall be so connected that neither of said lights shall be lit when a beam is in use which conforms with paragraph (b) (1) of this section. 29-1,110. Section 110. Use of Multiple-Beam Road-Lighting Equipment. (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Sec- tion 98, 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, sub- ject to the following requirements and limitations. (b) Whenever the driver of a vehicle approaches an oncoming vehicle within 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, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five feet ahead, and in no case higher than a level of forty-two inches above the level upon which the vehicle stands at a distance of seventy- five feet ahead. The lowermost distribution of light specified in Section 109, paragraph (b), shall be deemed to avoid glare at all times regardless of road contour and loading. 29-1,111. Section 111. Alternate Road-Lighting Equipment. Any motor vehicle may be operated under the conditions specified in Section 98 when equipped with two lighted lamps upon the front thereof capable of revealing person and objects seventy-five feet ahead in lieu of lamps required in Section 109; Provided, however, that at no time shall it be operated at a speed in excess of twenty miles per hour. 29-1,112. Section 112. Number of Driving Lamps Required or Permitted. (a) At all times specified in Section 98 at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle except when such vehicle isparked subject to the regulations governing lights on parked vehicles. (b) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than 300 candlepower, not more than total of four of any such lamps on the front of a vehicle shall be lighted at anyone time when upon a highway. 29-1,113. Section 113. Special Restriction on Lamps. (a) Any lighted lamps or illuminating de- vice upon a motor vehicle other than head lamps, spot lamps, or auxiliary driving lamps which pro- jects a beam of light of an intensity greater than Oh. 29 338 TRAFFiC CODE.-Ordinance. 300 candle power shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle. (b) No person shall drive or move any vehicle or equip- ment 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 authorized emergency vehicles. (c) Flashing lights are prohibited on motor vehicles, except as a means for indicating a right or left turn. 29-1,114. Section 114. Selling or Using Lamps or Devices. (a) 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 semi- trailer or use upon any such vehicle any head lamp, auxiliary driving lamp, 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 submitted to the commissioner and approved by him. (b) 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 semi-trailer any lamp or device mentioned in this section which has been approved by the com- missioner unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed. (c) No person shall use upon any motor vehicle, trailer or semi- trailer any lamps mentioned in this section unless said lamps are equipped with bulbs of a rated can- dlepower and are mounted and adjusted as to focus and aim in accordance with instructions of the com- missioner. 29-1,115. Section 115. Brakes. (a) Brake Equip- ment Required: (1) Every motor vehicle or com- bination of vehicles other than a motorcycle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle or combination of vehicles, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure to anyone part of the operating mech- anism shall not leave the motor vehicle without brakes on at least two wheels. (2) Every motor- cycle, bicycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot. (b) Performance ability of brakes. ~,,""'_'~'."'_"'.'~' ....._~~.~...,_~~.M ~..". ..,~......_~-~_._---~-'-'_._- (1) The service brakes upon any motor vehicla or combination of vehicles shall be adequate to stop such vehicle or vehicles when traveling twenty miles per hour within a distance of thirty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does. not exceed one per cent. (2) Under the above conditions the hand brake shall be adequate to stop such vehicle or ve- hicles within a distance of fifty-five feet and said hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. (3) Under the above conditions the ser- vice brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted here- under, shall be adequate to stop the vehicle within a distance of forty feet and the hand brake ade- quate to stop the vehicle within a distance of fifty- five feet. (4) All braking distance 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 ordi- nance. (5) All brakes shall be maintained in good working order and shall be so adjusted as to oper- ate as equally as practicable with respect to the wheels on opposite sides of vehicles. 29-1,116. Section 116. Horns and Warning De- vices. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warn- ing device shall emit an unreasonably 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. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this subdivision. It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capa- ble of emitting sound audible under normal condi- tions from a distance of not less than 500 feet and of a type approved by the department but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected 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 . . Ch. 29 TRAFFIC CODE.-Ordinance. 339 the approach thereof. (c) equipped with nor shall any cycle any siren or whistle. 29-1,117. Section 117. Mufflers, Prevention of Noise. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or un- usual noise and annoying smoke, and no person shall use a muffler, cutout, bypass or similar de- vice upon a motor vehicle on a highway. No bicycle shall be person use upon a bi- 29-1,118. Section 118. Mirrors. Every motor vehicle which is so constructed or loaded as to ob- struct 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 200 feet to the rear of such vehicle. 29-1,119. Section 119. Windshields must be Un- obstructed and Equipped with Wipers. (a) No per- son shall drive any motor vehicle with any sign, poster or other non-transparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be so displayed by law. (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other mois- ture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. 29-1,120. Section 120. Restrictions as to Tire Equipment. (a) Every solid rubber tire on a ve- hicle shall have rubber on its entire traction sur- face at least one inch thick above the edge of the. flanges of the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semi-trailer having any metal tire in contact with the roadway. (c) 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 surface of the tire, except that it shall be permissible to use farm machinery with tires hav- ing protuberances which will not injure the high- way, and except also that it shall be permissible 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 to skid. (d) The Board of Commissioners may, in their discretion, issue special permits au- thorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this ordinance. 29-1,121. Section 121. Vehicles Transporting Ex- plosives. Any person operating any vehicle trans- porting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section (a). Said vehicle shall be marked or placarded on each side and the rear with the word "explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "danger" in white letters six inches high. (b) Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. 29-1,122. Section 122. Scope and Effect of Ordi- nance. (a) It is a misdemeanor for any person to drive or move or for the owner to cause or know- ingly permit to be driven or moved on any high- way, any vehicle or vehicles of a size or weight exceeding the limitations stated in this ordinance or otherwise in violation of this ordinance. (b) The provisions of this ordinance 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. 29-1,123. Section 123. Width of Vehicles. (a) The total outside width of any vehicle or the load theroon shall not exceed eight feet except as other- wise provided in this section. (b) The total out- side width of a farm tractor shall not exceed ten feet. (c) Whenever pneumatic tires, in substitu- tion of the same type or other types of tires, have been heretofore or are hereafter placed upon a ve- hicle in operation upon the effective date of this ordinance, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight feet six inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed eight feet. 29-1,124. Section 124. Projecting Loads on Pas- senger Vehicles. No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more 340 'TRAFFIC CODE.-Ordinance. Ch. 29 I ""J than six inches beyond the line of the fenders on the right side thereof. 29-1,125. Section 125. Height and Length of Ve- hicles. (a) No vehicle unladen or with load shall exceed a height of twelve feet six inches. (b) No vehicle shall exceed a length of thirty-six feet ex- treme over-all dimension, inclusive of front and rear bumpers. A truck tractor and semi-trailer shall be regarded as one vehicle for the purpose of determining lawful length. (c) No combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of forty-five feet sub- ject to the following exceptions. Said length limi- tations shall not apply to vehicles now being oper- ated under license or certificate issued by the Kan- sas Corporation Commission, nor to vehicles oper- ated in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, nor to such vehicles transporting such objects operated at night time by a public utility when required for emer- gency repair of public service facilities or proper- ties or when operated. under special permit of the State Highway Commission as provided by law, 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. (d) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not ex- tend more than three feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such a bumper. 29-1,126. Section 126. Spilling Loads on High- ways Prohibited. 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, sifting, leaking or otherwise escap- ing 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 roadway. 29-1,127. Section 127. Trailers and Towed Ve- hicles; Drawbar Connections and Safety Hitch. (a) When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull, stop and hold all weight towed thereby, and said drawbar or other connection shall not ex- ceed fifteen feet from one vehicle to the other ex- "ept the connection between any two vehicles transporting poles, pipe, machinery or other ob- jects of structural nature, which cannot readily be dismembered. (b) In addition to the drawbar con- nections between any two such vehicles there shall be provided an adequate safety hitch. (c) 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 inches square. 29-1,128. Section 128. Wheel and Axle Loads. The gross weight upon any wheel of any vehicle shall not exceed the weights specified in Section 119, Chapter 283, Laws of Kansas 1937, under the conditions therein specified. 29-1,129. Section 129. Gross Weight of Loads. No vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof exceeds the limits speci- fied in Section 120 Chapter 283, Laws of Kansas 1937 as amended by Section 5, Chapter 58 Laws of Kansas Special Session 1938. 29-1,130. Section 130. Officers may Weigh Ve- hicles and Require Removal of Excess Loads. (a) 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 port- able or stationary scales, and may require that such vehicle be driven to the nearest public scale in the event such scales are within two miles. (b) When- ever an officer upon weighing a vehicle 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 ordinance. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. (c) Any driver of a vehicle who fails or refuses to stOlP 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 misdemeanor. 29-1,131. Section 131. Penalties for Misdemeanor. \(a) It is a misdemeanor for any person to violate any of the provisions of this ordinance. (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this ordinance for which another penalty is not provided shall for first con- . Ch.29 TRAFFIC CODE.-Ordinance. 341 viction thereof be punished by a fine of not more than $100.00 or by imprisonment for not more than ten days; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than $200.00 or by imprisonment of not more than twenty days or by both such fine and imprisonment; upon a third or subsequent con- viction within one year after the first conviction such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months or by both such fine and imprisonment. 29-1,132. Section 132. Parties to Offense. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of, any act declared herein to be a misdemeanor, whether individually or in connection with one or more other persons or as principal, agent, or acces- sory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly, or wil- fully induces, causes, coerces, requires, permits, or directs another to violate any provision of this or- dinance is likewise guilty of such offense. . 29-1,133. Section 133. Offenses by Persons Own- ing or Controlling Vehicles. It is unlawful for the owner, or any other person, employing or other- wise directing the driver of any vehicle, to require or knowingly to permit the operation of such vehi- cle upon a highway in any manner contrary to law. 29-1,134. Section 134. Conviction to be Reported to Department. (a) The Police Judge shall keep a full record of every case in which a person is charged with any violation of this ordinance or of any other law regulating the operation of vehicles on highways. (b) Within ten days after the con- viction or forfeiture of bail of a person upon a charge of violating any provision of this ordinance or other law regulating the operation of vehicles on highways said Judge shall prepare and imme- diately forward to the department, an abstract of the record of said court covering the case in which said person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. (c) Said abstract must be made upon a form furnished by the department and shall include the name and address of the party charged, the registration num- ber of the vehicle involved, the nature of the of- fense, the date of hearing, the plea, the judgment, or whether bail forfeited and the amount of the fine or forfeiture as the case may be. 29-1,135. Section 135. Constitutionality. If any part or parts of this ordinance shall be held to be unconstitutional, such ~nconstitutionality shall not affect the validity of the remaining parts of this ordinance. The Board of Commissioners hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared unconstitu- tional. 29-1,136. Section 136. Repeal. That ordinances numbered 2958, 3209, 3474, 4136, 4476, 4518, 4519, 4520, 4695, and 4851, and all other ordinances and sections of ordinances in conflict herewith be and the same are hereby repealed. 29-1,137. Section 137. Time of Taking Effect. This ordinance shall take effect and be in force from and after its publication in the Book of Re- vised Ordinances of the City of Salina. Introduced, September 11, 1939. Passed, September 18, 1939. (SEAL) Attest: Chas. E. Banker, City Clerk. Ed Morgenstern, Mayor. . - 1-' j/ ~ JIi..... /\ l~ - .;, (First published in the Salina Journal 1945 ) ORDINAUCE NO. 5124 .All ORDINANCE relating to traffic and regulating the use of public streets and highways in the City of Salina; prescribing regulations relative to the parking of vehicles upon such public streets ~~d highways; pro- viding for purchase, leasing, acquiring, installation, operation, maintenance. supervision. regulation and control of the use of parking meters; defining and providing for the establishment of parking meter zones upon the public streets and highways and providing for the pay- ment thereof; providlllg for an enfor~eFe?t and pro~~djng penalties for the vio~ation thereof~ ~vG~ f-t:rt.. ~ .~~. :9~,,,--~ NO.J/Y'L,.(" Iv ,/ ~EEl{&AS, because of traffic conditions that have existed in certain sections of the City oi' Salina. the i'ree mo~vement of traffic in those sections is. and has been, impeded for a long period of time; and vvrlEREAS. attempts to regulate the traffic and parking in the aforesaid areas have not been as successful as is desirable; NOW rqEREFORE, BE IT ORDAnrED by the Board of Connnissioners of the Ci"blJ of Salina, Kansas: Section 1. The word vehicle as used herehl, shall mean any device by whioh any person or property may be transported upon a public highway, except those operated upon rails or penuanent tracks. Section 2. The term parking meter as used herein, shall mean a mechanical devioe located upon a public street or sidel~k in a place regularly designated as a parking zone as hereinafter defined, which devioe shall record a certain number of minutes by the use of a clock mechanism determining the period oi' time for which parking privileges may be extended to the person so deposithlg such coin. Section 3. A parking meter zone as used herein. shall me~~ representing a certain designated and marked off section of the public street within the marked boundaries where the vehicle may be temporarily parked and allowed to remain for such period of t ime as the parkihg meter attached thereto may indi- cate. Such parking meter zones shall be further designated by a parking meter which shall be located upon the side,valk opposite the marked boundaries of said zone. 1. / Section 4. { created on the following streets of the City of Salina: ~ On both sides of Santa Fe Avenue from Walnut to Ash Street; On both sides of Iron Avenue from Fifth Street to Seventh Street; On both sides of Seventh Street south from Iron Avenue as far as 24 parking meters will go and on both sides of Seventh Street north from Iron Avenue as far as 24 parking meters 'till go. Parking meter zones as herein above described~ are hereby And !:rom time to time hereai'ter as traffio conditions require in such other streets and avenues as are selected by resolution of the governing body of the City of ~lina for the location of such zones. Section 5. And in said parking meter zones the City Mana,~er shall cause meters to be installed and shall cause parking meter spaces to be designated as hereinafter provided, and shall fix the tllne limitations for legal parking in such zones, and the hours during the day and night when the parking meter or meters must be used and men the time limita- tions shall be effective, in co:npliance wi th the provisions of this ordin- ance; and shall indicate 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. o )/ Section 6. Ci"bJ Manager is hereby directed to provide for the pur- :;;v4 / chase, leasing, acquiring, installation, operation, maintenance, super- ~ vision, regulation and use of the parking meters provided for in this J . / ordinance and to maintain the said meters in good workable condition and .~ 9/1 // the City Manager is. hereby vested with power and authority to enter into " i a contract for a ~ months trial period, after approval of the terms and conditLons thereof by the Board of Commissioners of the City of Salina for the leasing and installation of parking meters, the payment IIf 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 wi th- out in any manner obligating the ci"bJ to pay for the same from any other source. And the Ci"bJ Manager is further authorized and empowered to enter into a contract, after approval of the ter~w and conditions thereof by the Board of Co~~issioners of the City of Salina, for such protection and main- tenance of said parking meters as may be necessary to maintain the same in \ good operating condition and to pay for such parts, protection and mainten- , ance, exclusively from ~le receipts, funds and revenues received from the ~peration of said parking meters. e - . ~ Section 7. The parking meters installed in the parking meter zones established as provided in Section 4 hereof s}~ll 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 dis- play by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time established by the City and when operated shall indicate on and by its dial and pointer the duration of the period of legal parking, and on the expiration of such period, shall indicate illegal or over parking. Section 8. The City Manager shall have markings painted or placed upon the curb and/or upon the street adjacent to each parking meter for the purpose of designating the parking space for which 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 ordinance to park any vehicle aoross any such line or marking or to park said vehicle in such position that the sarne shall not be entirely within the area so designated by such lines or markings. Section 9. When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked with ~e foremost part of such vehicle nearest to such meter. (-t, .I.~'"".' ,. .,-{~......,...t.e", , c ,--t Section 10. Yfuen any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provisions of this ordinance~ the operator of' said vehicle shall~ upon entering the said parking space~ iJ:mnedi~lY..J~~osit .or ..~~e,/tp }~~t~d a . ..... ~~ coin of the United StaTe-S-~-llCS~kIni~"'1Iiet~.,an~~tsl,!c t, J.n .J operation~ and failur~ to deposite such ~qeRt coin~an pu the meter in operation shall constitute a breach of' this ordL~ance and shall subject such per~~heJ~~3~ presc!"ibed in Section 16 hereof. Upon the deposit of such' ~ otll'!~a:nap1acing said meter in operation~ the parking space may be lawi'ully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street in vmich 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 park- ing meter shall by its dial and pointer indicate such illegal parkll1G~ and in that event~ such vehicle shall be considered as parked overtime and be- yond the period of legal parking time and the parking of a vehicle over- time or ~ond the period of legal parking shall be a violation of this ordinance and punished as hereafter set out. e Section 11. It shall be unlawful and a violation of the provlslons of this ordinance for any person to cause~ allow~ pennit, or suffer any vehicle registered in the n~e of~ or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described. e Section lG. It shall be unlav~ul and a violation of the provlslons of this ordinance for any person. to permit a vehicle to remain or be placed in any parking space adjacent to any parking meter wnile said meter ).s display- ir.g a signal indicating that the vehicle occupying such parking space has already parked beyond the period of time prescribed for such parking space. Section 13. It shall be unlav~ul and a violation of the provisions of this ordinance for any person to deface~ b1.jlre~ tamper yrith~ open or vdlfully break~ destroy, or impair the usefulness of any parking meter in- stalled under the provisions of this ordinance. Section 14. It shall be unla.~~l ~ld a violation of the prov~slons of this ordinance to deposit or cause to be deposited in any parking Deter, any slug, device or metallic substance, or any other substitute, for a five cent coin of the United States. . Section 15. It shall be the duty of pililice officers of the City, acting in accordance 'ldth instructions issued by the City llianager to report: (a) The number of each parking meter vn1ich 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 ordinance. (b) The State license number of such vehicle. (c) The tiw~ during vmich such vehicle is parking in violation of any of the provisions of this ordinance. (d) Any other facts, a kI10wledge of vn1ich is necessary to a thorough understanding of the circmilstances attending such violation. e Each such police office sP~l also attach to such vehicle a notice to the ovmer or operator thereof that such vehicle has been parked in violation of a provis:ion of this ordinance and instructing such owner or operator to report at the police station of the City of Salina in regard to such violation. Each such ovmer or operator, w~y, vrithin 24 hours of the tir::.e when such notice "JaS attached to such vehicle, pay to the Desk Sergeant at the police station as a penalty for and in full satis- faction of such violation, the sum of One Dollar, the failure of such O1.mer or operator to make such payment wi thin said 24 hours, shall render such owher or operator subject to the penalties hereinaf'ter pr07ided, for violation of the provisions of this ordinance. e Section 16. Any person who shall violate any of the proVls~ons of this ordinance and any person \vho aids, abets or assists therein, shall, upon conviction thereof by the Police Court be subject to a fine of any &10unt not exceeding $50.00 for each offense or violation or be imprisoned for a ter.m not exceeding l5ays, in the city jailor in any place provided by the municipality for the detention of prisoners or both. .~~ Section 17. The ~ e.at"coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to pro- vide for the proper regulation and control of traffic upon themblic streets, and also 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 parking meters described herein. Section 18. This ordinance shall be aeemed to be in addition and supplementary to, and not in conflict vdth nor a repeal of prior or existing ordinances of this city, but shall be an addi tiono.l provision for the regula- tion of traffic and parking in those zones provided for herein. Section 19. If a section, part of section, sentence, clause or phrase of this ordinance shall be held to be unconstitutional or invalid, the re- maining promio!ls }:tereot S..ha.ll n. evert~eless reLl8;;i.n in fu1l.forc~ ~d ef'fe.ct. ~ .i<?<:. .e.A.::'-v~.0 ,0/ C" . r, .;t y. '.-G ,......-<./ ,..:t.~ ~(.J.~'~~:;'.. Section 20. A.-;tl ordinances or !,arts of ordinances in conflict with ~;: the provisions of this ordinance be and the same are hereby repealed. ~his l ordinance she~l take effect and be in force fDom and after its passage and publication in the official city paper. I(~~g IntrOduced, NOvember-2, 194~ Passed, H~~~~l~ 194' - Attest: CmrS;E.-flMBcer City Clerk . J. H. Moore, ~. Mayor ,if (Published in the SaLna Journal January 24, 1941) '4-1 l' , ORDI~~ANCE NO. 4990 AN OmniTANCE relating to and regulating traffic on certain streets in the City of Salina and requiring vehicles to be stopped before entering or crossing the intersections of certain streets with certain rail- road tracks in said city, providing for the placing of stop signs at such places, and providing a penalty for the violation of this ordinance. BE IT CB.DAnrED by the Board of Cormnissioners of the City of Salina, Kansas: Section 1. The driver of every vehicle, as defined by Section 1 of Ordinance No. 4953, (29-101, Revised Ordinances 1939) shall bring such vehicle to a cOElp1ete stop before entering the intersection of the streets hereinafter n~~ed, with the railroad tracks or crossings hereinafter named, in the City of Salina, and before driving or propelling such vehicle into or across any such railroad ccossing, to-wit: South bound vehicles, on Santa Fe Avenue and on Ninth Street, at the intersection or crossing of such streets and the Union Pacific main line tracks, shall stop before enterins such railroad crossings, at the north side of such tracks, at a poiilt approxiuatelJr even with the stop sign or signs to be placed as hereinafter in this ordinance provided for. North bound vehicles, on Santa It'e Avenue and on Ninth Street, at the intersection or crossing of such streets and the Missouri Pacific Railroad tracks, and at the intersection or crossing of such streets and the Union Pacific tracks, at the south side of such crossings, at points approximately even with the stop sign to be placed as hereinafter in this ordinance pro- vided for. Section 2. Stop signs, of such ty?e O~ tJ~es as may be selected by the City kanager with the approval of the Board of Com:dssi oners, shall be placed at the entrance to the intersections or crossings designated in Section 1 of this ordinance. Such stop signs shall be placed at the side or curb line of such streets, faci:a.g the approaching traffic which is re- quired by this ordinance to stop at such places, and shall be either of a reflector type which is self illuminating at night, or equipped with flash- ing illumine.ted signals, and in addition the City Lanager may, if he deems nece13sary, place in the street a.t such places flexible rubber flap stop signs or metal button t;y-pe stop sig~hs. Section 3. Any person who shall violate or direct or perwit the vio- lation of any provis~on of this orclinance or who shall fail to stop or re- quire to be stopped any vehicle driven, operated, or under the direction of any such person, at any such stop sign, before entering or crossing any such intersection or railroad crossing, as 2rovided for in this ordin~nce, shall be deemed guilty of a misdemeanor, and on conviction shall be sentenceCt to pay e. fine of not less than iP5.00 or more than $100.00 or to be im~ prisoned in the city jail for not lilore than ten days, or by both such fine and imprisonment. Section 4. This ordinance shall take effect and be in force from and after its publication in the official. city paper. Introduced, January 13, 1841 Passed, January 20, 1941 Attest: Chas. E. Banker ---Ci ty L;lerk l!;d Morgenstern IVlayor ~'-" }- L . (~lblished in the Salina Jourual 1 S140 ) CLjI,:MiC!.<; NO. 4981 ~'f (j=Dlj~I':Cr; ar;'encling Sections 29-148C, 29-177A and 29-11l'lC of {evised urdhcances of the City of Salina 1939, (Jeing Sections 48C, 77A and 77C of Ordiml.DCe No. 4953, relating to and regulating traffic and. relating to and Ii i ti:J.& t:'8 time of parking of vehicles on certain porte.ons of certain stroets in the City of SeJ..'8, j{~ulSas, and re- pealing said oriGinal sections. BE I'T' ()-dJAIEED by the Board of COJilllliss:loners of the Ci toY of SaIi18., Kans[.cs: Sectio'l 1. That SeeticE 29-14~jC of Eeiised Crd:i~l8.'lCeS of the City of Sal i!l9. hi39, bein.g Section 48C of Urdimmce '1953, be f','-1cl the ,S8/;,e is hereby 8.'..cnded to rend es follows: "29-l48C Section 48C. Adell t~ rJXlal stops. No vehicle shall enter any of the follo"ri1g named streets fhrom the streets hereinafter desic:natei, or any other intersect;.on to the entrance to Which a stop sign lcay be erected by order of' the board of COlr:miss oners, wi thOllt f'i t'st :_'eLl:; orollcht to 9. full and complete stop at the street line of the stroet whjch is to be entereel, and sheD not proceed until de,nser of co]"! icling with vehicles l",-"rf\111y proceed ins along any 8'lCh street or aFfJroachin,'O; or zoil1f; thro1.1c;h any such intersection has passed, to-wit: Ash .street, from Colwnbia Avenue (sol_lth side only), from Peml Avem10, f;ucl f'ron Third street; "ulben'y Street, froI!1 Fifth street (north side on.ly)j Walnut Street from Seventh Street and EiGhth street." . Section 2. That Section 29-177.A of Revised Urdinanco::.:; of" the City of S8.1iria--193-~being Section 77A of 0rclinance No. 4953, be m'd the seune is hereby amended to read as fclJ.ows: "29-177A Section 77A. Parking Time LilLi ted in Designa.ted Places j One Eour parkl ng Zone. No person shall park or--:Ceaye orce:u-se-or~)ern:'ct to be parked or le~any vehicle for Llore than one huur at anyone thle, and in e,ny one place, betw.een the hours of 7 0' clock A. :,i. and 7 0' clock P. ~". on any day of the week except Sunaay, on an~l of the follc:rrlnc; streets in the City of Salina between tho lind ts hereinafter :'e~lt:i.()ned, to-vJi t: On santa Fe Avenue from Elm. street to l,"ulberry Street. On Fifth Street froEl Ash street to "alnut Street. On ::'-'f)vent:h street from Ash Street to ',-;alnut Street.. On Iron Avenu.e from Fourth street to EiGhth Street. un .ialnut Street from Fifth Street to Seventh Stre~;t. un Ash street f'rom Fifth. Street to JevcTth Street Provided, that the parking lind ts herein provided for s1mll not n~)rl;/ nhere other limits VJi thin the zones hereby creeted are uthervrrse spec:' ficillly .)royided for by ordi:lance." j ~ I 1 1 . Section 3. That Section 29-177C of the Eevised Or,::lj-~iJ'nCeS of the City of Se.ljna 1935, being Section 77C of Gr:Unance no. 11953, be nnd the 5awe is hereby al"ended to rea.ci 13~; fcl.lovvs: . "29-177C Section 77C. SOJne; TVv'6nty Linutes ,:?arking Zones. '1'0 A Iji t;;, ::c.nager -shall -and he is hereby aut'lOrized a11d directed to designate a.nd have marked three zones on each side of e8.eh block on:)E',nta Pe Avenue between ~\.sh Street and ',:all1ut Street, alid t,::o zones on the "ie::;t siele of the O'1e zone on the east side of Fifth stree,t between Iron Avenue 8.nd Ash Sc;reet, and t'1NO zones on e3ch side of l'ifth Street; betv:een Iron Jl.yenue and' lalnut Street v;i ti1 parking spaces i.!.., each of such zones for fi ve cars, and one zone in each block, on each side of Iron Ave!J.t'.e be- tween ~'ifth 3treet and Seventh streot, and u~o zones on each side of seventh street between Ash Street and Iron ...'l.yenue, with parking spaces in each of such zones for three cars, and all of the south side of Iron AvenI,le between Eishth street and the driveway east of the Post Office buildinG, and all of the east side of i',iCht'l street between Iron Avenue and the drive...ve.y smIth of the Post Office bu:ildint~, and after such zones are designated andrnarked it shelJ. be unla'wf'ul for an:' person to park or leave or C8.u.se or permit to be parked or left in anyone car parking space in any such zone any vehicle for more ths.n u"mnty m:i l1utes at O}le tine_ between the hours of 9 0 t clock A. I.. and 9 0' clock P. L., on any day ex- ce:;?t Sunday.1I Section 4. That oriGinal Sections 29-14.8C. 29-177A and 29-17'7C of the Revised Ord:i.nances of the C5ty of Salina 1939, being Sectio'1s 'BC, 771.. and 77C of said Orcli::.lance No. 4953, be aDd t.he SfJ.me are hereby re- pealed.. Section 5. This ordinance shall take effect and be in force from and after Deceniller 15th, 1940 and after :its 1) blication in the ofLi.cial ci t;y paper. Introduced, November 18, 1940 Passed, November 25_ 1940 Attest: Chas. E. Benker - -(5'1 ty-cTer~'-- Ed I\lorgenstern llayor . ~L/I tci . (Published in the Salina Journal September 11, 1941) ORDINANCE NO. 5004 AN ORDINAl~CE limiting the time of parking of vehioles on Eighth Street between Iron Avenue and Ash Street. BE IT ORDAINED by the Board of Co~nissioners of the City of Salina. Kansas: . Section 1. No person shall park or leave or oause or permit to be parked or left any vehiole for more than two hours at any one time at anyone plaoe between the hours of 7:00 o'clock A. M. and 7:00 o'clock P. M.. on any day of the week except Sunday on that portion of Eighth Street in the City of Salina. described as follows, to-wit~ On eaoh side of Eighth Street from Iron Avenue. north to a point 150 feet south of the south line of Ash Street. Section 2. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon oonviction thereof shall be punished by a fine of not more than $10.00 for each offense. Section 3. This ordinance shall take effect and be in force after its publication in the offioial city paper. Introduced. September 2, 1941 Passed. September 8. 1941 Ed Morgenstern Mayor . Attest: Chas. E. Banker City Clerk e - e v ,I '}- (Published in the Salina Journal 1945 ) ORDINANCE NO. 5115 .AN ORDINANCE amending Section 29-174 of revised Ordinances of the City ot Salina, 1939, being Section 74 of Ordinance No. 4953, relating to angle parking. BE IT ORDAINED by the Board of Commissioners of the City of Salina, KansaSI Section 1. That Section 29-174 of revised ordinances of the City of Salina, 1939, being Section 74 of Ordinanoe No. 4953 be and the same is hereby amended to read as follow8' liOn the following named streets, vehicles shall be parked with the right side of any suoh vehicle toward and at an angle ot 45 degrees wi th the right hand curb line of such street, and with the right front wheel ot suoh vehiole against the curb or on the ourb line of such street, and it shall be the duty of the City Manager and the Street Department to cause to be plainly marked upon the curb or along the ourb line, by means of painted lines set at an angle of 45 degrees with the ourb line, and (10) ten feet (6) inches distant from oenter to oenter of suoh lines at the curb line, indicating the spaoes wi thin whioh and the angle d which all vehioles shall be parked on suoh portions ot suoh streets, and it shall be unlawful for any driver or owner of any vehiole to park or pennit the same to be parked on any portion of any such street exoept wi thin the space so indicated, and at the angle so indioated, the streets upon whioh suoh angle parking is to be required being as f'ollo'WS; Santa Fe Avenue between Pine Street and Mulberry street. Eas't side of' Santa Fe Avenue from Claf'lin Avenue to Kirwin Avenue. East side of Santa Fe Avenue f'rom Ellsworth Avenue to the alley north of Ell sworth Avenue. West side of Santa Fe Avenue from Mulberry street to South street. West side ot Santa Fe Avenue from Jewell Avenue to Kirwin Street. Fifth Street between Ash Street and Walnut street. Seventh Street between Elm Street and Walnut Street. East side of Eighth Street between Ash street and Walnut Street. Iron Avenue between Fourth street and Ninth Street. North side of Mulberry Street from Fifth Street to the alley west of' Santa Fe Avenue. South side of Mulberry Street between Seoond and Third Stree'ts. Claflin Avenue between Highland Avenue and Fourth Street. Provided further, that wherever the ourbs of any street have been set baok and additional width of paving provided, the City Manager may designate such spaoes for angle parking and may oause the same to be marked for such purpose, in whioh event they shall be governed by the same regulations as streets specifically designated for sucn purpose. Where curbs have been cut for driveways, but suoh driveways are not being used for such purpose the space along the curb line in front of such driveways shall be used for parking. II Section 2. That original Section 29-174 of revised ordinances of the City of Salina. 1939, being Section 74 of Ordinance No. 4953 be and the same is hereby repealed. e Section 3. This ordinance shall take effect and be in force from and after its publication in the official city paper. Inttoduced, October S, 1945 Passed, Ootober 15, 1945 Attest: Chas. E. Banker City Clerk J. H. Moore, Jr. Mayor e e - (Published in the Salina Journal 1946 ) ORDTIJANCE NO. 5143 AN ORDTIiANCE limiting the time of parking of ve!licles on the north and south sides of Ash Street, between Seventh Street and Eighth Street, and providing for penalties for the violation thereof. BE IT ORDAnmD by the board of City Commissioners of the City of Salina, Kansas: Section 1. No person shall park or leave or cause or permit to be parked any vehicle for more than two hours at anyone time at anyone place be~reen the hours of !&OO o'clock a. M. and 7:00 o'clock P. M. on any day of the week except Sunday on that portion of Ash Street in the City of Salina, described as follows, to-wit: - On the north and on the south side of Ash street between Seventh street and Eighth Street. Section 2. Any persen who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon oonviction thereof shall be punished by a fine of not more than $10.00 for eac~ offense. Section 3. This ordinance shall take effect and be in force after its publication in the official city paper. Introduced, March 18, 1946 Passed, March ::::5, 1946 Lloyd '\ii. Price Acting Mayor Attest: Chas. E. Banker City Clerk . - (Published in the Salina Journal 1945) ORDIKMrCE NO. 5133 AN ORDINANCE limiting the time of parking of vehioles on the east side of Eighth street between Walnut Street and the driveway south of the post offioe, said drivev~y being the first driveway south of Iron Avenue. BE IT ORDAINED by the Board of City Commissioners of the City of Salina, F".ansas ;: Seotion 1. No person shall park or leave or oause or per.mit to be parked any vehiole for more than two hours at anyone time at any one place between the hours of 7:00 o'clock A. M. and 7:00 o'clock P. M. on any day of the week except Sunday on that portion of Eighth street in the City of Salina, described as follo~, to-?dt: - On the east side of Eignth street be-t?1gen Walnut street and the driveway south of the post office, said driveway being the first driveway south of Iron Avenue. Seotion a. Any person who shall violate any provision of this ordinanoe shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ~10.00 for each offense. Section 3. This ordinance shall take effect and be in force after its publication in the official oity paper. Introduced, December 17, 1945 Passed, December 26, 1945 J. F... Moore Jr. Mayor . Attest: Chas. E. Banker, City Clerk e (Published in the Salina Journal October 5. 1945) ORDIliANCE NO. 5111 . All ORDmANCE amending Seotion ~9-l26 of Revised Ordinances of the City of Salina 1939. being Seotion 26 of Ordinance No. 4953. rela.ting to and regulating traffic and relating to and prohibiting the driving of any vehicle by any person under the influence of intoxioating liquor or narootic drugs. and providing a penalty for the violation of this ordinanoe. BE IT ORDAInED by the Board of Commissioners of the City of Salina. Kansas: Section 1. That Seotion 29-126 of Revised Ordinanoes of the City of Salina 1939. being Seotion 26 of Ordinanoe No. 4953. be and the same is hereby amended to read as follows: e II{a) It is unlawful and punishable as provided in subdivision (b) of this seotion for any person who is an habitual user of aarootio drugs or any person who is under the influenoe of intoxioating liquor or narcotic drugs to drive any vehicle within this oity. (b) Every person who is oonvicted of a violation of this seotion shall be punished by imprisonment for not more than one year. or by fine of not less than $100.00 nor more than $500.00. or by both suoh fine and imprisonment. On a seoond or subsequent conviotion he shall be punished by imprisonment for not less than ninety days nor more than one year. and in the disoretion of the oourt. a fine of not more than 1500.00". Seotion 2. That original Seotion 29-126 of the Revised Ordinances of the City of Salina 1939. being Section 26 of said Ordinanoe No. 4953. be and the same is hereby repealed. Section 3. This ordinanoe shall take effeot and be in force from and after 1 ts publioation in the official oity paper. Introduoed. September 24. 1945 Passed. Ootober 1. 1945 J. H. Moore. Jr. Mayor Attest: Chas. E. Banker Ci ty Clerk e e (P~_:blisl1Cc3. ~.21 t}1e Sal~'.~~2- Jourrlf~l 1 (,4 r:; ) -"-...;....,.... (.iR--:;IA~:CE LO. 5129 AlT O}{]~;:~,':'A.,)CE desisnatinr:: eerJc8~ii.-~ alle:rs as O:l8 yray' 8.11e~irs ~)ro-Ti<l:D<: ';..)or p~~-'oper signs i:cstru.cti!ig tile plll.:,l.ic 8.J'lcl reE~ilHtinc tl1e ti.i:ie allo1ved to pu-olic in said a.ll(~ys for loading: and unload:in~. :.:~E ::'.' ul::DAI:t:D by the Board of COL::.liss=_c~lers of' the City of :::luLi .ft, hansas. Section 1. The f'02-1.0YiinC all eys are hereby desicnated as one-'~!9.y alleys ar'ld -t"[L~fic :!ia~r Love in one (~jrection only alan,': ::;~id alleys: . (a) Alley between Fifth street and S~",Ylta Fe Avenue i'r01il .bEh street to Vi'J.lnut street; (b) Alley betv:eoYl Sante. Fe Avenu.e and Seventh S-Greet from Elm street to WEtlnut street; (c) ll.lley betvroen Seventh street 8l1cl Ei::ht11 streot frOT} Ash to Iron Avenue. S t' 2 m' C' -1-" ",. t . d . " . 1 . ~~ lor~~ 111e l v:: ~';la::,l~L~er ..lS l..l~reu:y. J_TIS ~lle1;e .~00 cal~s~ s::::~ :2~l) ,e , sl~'ns to be erected desl['pa GJ.DC tile CllreC'Clon 0:_ t,"o: lcvr OJ. lTlll:, J.C tlJroucn t!lO D_lleys desi[";nated as O:1C-V'H;'! alleys in ::loction 1 oi' t .is orclinm1co. Qe(~~c:~_, 0;1~. P8".1.rc--~ l"'-l t'\'e .,11 ("'f'" de""'~ ""1,,-i''',d ;-'1 ';;:"'c-'--' ,-,0 1 Cl_? '~._'-_'L'" "...:::....:..::-.:...:::..:..--~ ~.J. ..'.....L.c_~<.) . ~. _ 'A.___ "*',--/ 0.:> ,~ ,:;',.j..~~ ,-~ V'v .....- v........~..J. ~,..... "'I..... - v ..- or'J.:Lll':U1CO 1S l1e1'oo;'l prohHnted except :Lor G!,e ;-;urpose 0:: lOaC-1J:lC and 1.U1- lo~~d2.rJ." no in 110 i!1~3ta..nce Tn.a~l a -vcl~iicle be :?nrl:ed lCll;~or th.nl'~ fifteen :~;lir:lrf':;os i~l a.ll:' one l)ln.ce or one stop l?J'hcn o";:;>..er \/ch.ic18s ['<,,1'"e ,'ro.i tin;; for ;;a,;s8ce alone: the alley. Section 4. All 1'ark5.11[; is ~)l'ohibited ill tl!e al1c:y betvrecm ?ifth Stre~nd Santa Fe A'ronue froFl Ash dtreetsouth one-hU::ldred (lea) foet~ 1'01' purpose of' all Cfwing; l;'ire Department trueks free and. cle3r in-ross and c[ress. Sect~.-,n 5. An~! person, finn or corjJoration viole.ting anv.pi' the provisior-;S-'oi"-iilis ordinarlce shall be deolllOd ['ui1ty of a misdex1oc_nol' and 'J.=l' n COllviction thereof shal1.e fined not :::o1'e than ~lOO.OO Section 6. This ordinance shall take ef':E'ect from and after passH e arid ~ublication in the official cj.ty paper. ~ ~~ .!. \Ju Introduced~ Deccnber 0, 1945 - Passed, Decen~Jer lO~ 1945 Attest: J. II. l.:oore~ Jr. Chac. E. Dc,nker, Ci ty Cl erk ----l:ayor- --.-- . . . Ch. 30 -----_._-----~-~-- CHAPTER 30.-W ARDS. 30-101. City Divided into Wards and Precincts. That the City of Salina be and the same is hereby divided into five wards to be known and numbered as the First, Second, Third, Fourth and Fifth Wards, each of which shall be divided into the number of voting precincts as hereinafter provided for. (~1, Ord. 4837, 2-14-38). 30-102. First Ward. All of that part of the City of Salina lying north of Iron Avenue between Santa Fe A venue and the east line of Section 18, Town- ship 14, Range 2 (Marymount Road) and lying east of Santa Fe Avenue between Iron Avenue and Otis Avenue and east of Fifth Street between Otis Avenue and the north city limits shall constitute the First Ward. (S2, Ord. 4837, 2-14-38). 30-103. First Precinct of First Ward. The First Precinct of the First Ward shall include all of that part of the First Ward as herein defined which lies north of the Smoky Hill River and north of Iron A venue between the Smoky Hill River and Santa Fe Avenue. (S3, Ord. 4837, 2-14-38). 30-104. Second Precinct of First Ward. The Second Precinct of the First Ward shall include all of that part of the First Ward as hereindefined which lies south of the Smoky Hill River. (~4, Ord. 4837, 2-14-38). 30-105. Second Ward. All of that portion of the City of Salina lying west of Santa Fe Avenue between Iron A venue and Otis A venue and west of Fifth Street between Otis A venue and the north city limits and north of Iron Avenue (and the cen- ter line of Iron A venue extended through the re- plat of part of University Addition) and north of Marietta A venue, between Santa Fe A venue and the west city limits. (~5, Ord. 4837, 2-14-38). 30-106. First Precinct of Second Ward. The First Precinct of the Second Ward shall include all of that part of the Second Ward as herein de- fined which lies north of Grand Avenue between Santa Fe Avenue and the west city limits, and west of Santa Fe Avenue between Grand Avenue and Otis A venue, and west of Fifth Street between Otis Avenue and the north city limits. (S6, Ord. 4837, 2-14-38). 30-107. Second Precinct of Second Ward. The Second Precinct of the Second Ward shall include all of that part of the Second Ward as herein de- fined which lies west of Santa Fe Avenue between Elm Street and Grand Avenue. (S7, Ord. 4837, 2-14-38) . WARDS. 343 Third Precinct of Second Ward. The lied PreCl f the Second Ward shall include Of.!. ~'/'ri3 all of that part of econd Ward as herein de- "3 'I) f; fined which lies south of $treet and west of p. Twelfth Street. (S8, Ord. 4837, 2:14::~ 30-109. ourth Precinct of Second Ward. The Fourth Precin the Second Ward shall include all of that part of t cond Ward as herein de- fined which lies between Elm eet and Iron Ave- nue and between Santa Fe Avenu d Twelfth Street. (~9, Ord. 4837, 2-14-38). II ",v 30-110. Third Ward. All of that part of the City of Salina which lies west of Santa Fe Avenue between Iron Avenue (and the center line of Iron A venue extended west through the replat of part of University Addition) and Marietta Avenue, on the north, and Prescott A venue on the south, which constitutes the Third Ward. (glO, Ord. 4837, 2- 14-38). 30-111. First Precinct of Third Ward. The First Pre~ct of the Third Ward shall include all of tpat 1'1-11'\ <\ part ol't~,. Third Ward as herein defined which 0,.6"\,\ l)~ J lies west of ~fth Street and south of the north ,. line of Third W a;lt~ herein defined and north of n '>.>'1 f t 1 Spruce Street between ~er Street and the Mis- r souri Pacific Railway and n~i>ta. of the alley which runs east and west through Phil~econd Addi- tion between Twelfth Street and Bakel>'St:t:~et and north of the south lines of Blocks 3 and 4 in~- nut Grove Addition. (~11, Ord. 4837, 2-14-38). 30-112. Second Precinct of Third Ward. The Second Precinct of the Third Ward shall include all of that part of the Third Ward as herein de- fined which lies between Santa Fe Avenue and Twelfth Street and south of Iron A venue and north of Mulberry Street between Santa Fe Avenue and Ninth Street and north of the north line of Seitz Addition between Ninth Street and Eleventh Street and north of the alley which runs east and west in Phillips Second Addition between Eleventh Street and Twelfth Street. (S12, Ord. 4837, 2-14-38). 30-113. Third Precinct of Third Ward. The Third 1J d o...a Pr . t of the Third Ward shall include all of that .:: t.f 1~3 L/ part of Third Ward as herein defined which S lies west of enth Street between the north line I.) _ -,~., -t \ of Seitz Addition South Street and west of Eleventh Street between uth Street and Prescott Avenue and south of the alle ich runs east and west in Phillips Second Addition een Twelfth Street and Baker and south of Spruce eet be- tween Baker Street and Missouri Pacific Ra ad 344 WARDS. Ch. 30 north lines of Blocks 5 and 6- in and north of .Wilson Street (and Wilson Street ex- "on. (~13, Ord. 4837, 2-14-38). tended east). (~20, Ord. 4837,.2-14-38; Amd. ~2, Ord. 4840, 2-28~38). 30-123. That it shall be the' duty of the City Clerk to compile and maintain registration books containing the names of all duly registered elec- tors of the City of Salina and to transfer to such books the names of all duly registered and quali- fied electors or voters of said city now shown by the registration books of the several wards and voting precincts as heretofore existing, to the proper registration books for the new voting pre- cincts hereby created, and that each duly regis- tered and qualified voter entitled to vote in the City of Salina in the several wards as now exist- ing, after being transferred to the new registration books for the new voting precincts created by this ordinance shall be entitled to vote in the voting precinct hereby created in which such voter re- sides as shown by his present registration record, Front Street and Marymount Road and south of and all voters or electors hereafter desiring to the Country Club Road between Marymount Road , t db' th . d I .ll'f'ed shall . " i regls er an emg 0 erWlse u Y qua I and the east city lImits. (~17, Ord. 4837, 2-14-38). b 't d' th t' . t ted by thl's e regls ere m e vo mg precmc crea ordinance in which such voter or elector resides. (~23, Ord. 4837, 2-14-38). 30-114. Fourth Precinct of Third Ward. The Four Precinct of the Third Ward shall include (3 ~ d,lt all of tha rt of the Third Ward as herein de- Jf'1 $3 j I fined which lies t of Santa Fe Avenue between 3'1 f-t 1-- Mulberry Street and scott Avenue and east of f Eleventh Street and south Mulberry Street be- tween Santa Fe Avenue and Nint treet and south of the north line of Seitz Addition be en Ninth Street and Eleventh Street and north of Prescott Avenue. (~14, Ord. 4837, 2-14-38). 11 rn t. 30-115. Fourth Ward. All of that part of the City of Salina which lies east of Santa Fe Avenue between Iron Avenue and Prescott Avenue and east of Marymount Road and south of the Country Club Road shall constitute the Fourth Ward. (~15, Ord. 4837, 2-14-38; Amd. ~1, Ord. 4840, 2-28-38). 30-116. First Precinct of Fourth Ward. The First Precinct of the Fourth Ward shall include all of that part of the Fourth Ward as herein de- fined which is bounded on the west by Santa Fe Avenue, on the north by Iron Avenue, on the south by Prescott Avenue and on the east by Front Street (and Front Street extended) between Iron Avenue and Prescott Avenue. (~16, Ord. 4837, 2-14-38). 30-117. Second Precinct of Fourth Ward. The Second Precinct of the Fourth Ward shall include all of that part of the Fourth Ward as herein de- fined which lies south of Iron Avenue between 30-118. Fifth Ward. All of that portion of the City of Salina which lies south of Prescott Avenue (and Prescott Avenue extended east) shall consti- tute the Fifth Ward. (~18, Ord. 4837, 2-14-38). 30-119. First Precinct of Fifth Ward. The First Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined and is bounded on the north by Prescott Avenue, on the south by Wilson Street, on the east by Ninth Street and west by the west city limits. (~19, Ord. 4837, 2-14-38) . 30-120. Second Precinct of Fifth Ward. The Second Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein de- fined which lies east of Ninth Street, south of Pres- cott Avenue (and Prescott Avenue extended east) "",.,.~,~,..",.."."'-----'".,-,.~,>_..,~-------~'----". 30-121. Third Precinct of Fifth Ward. The Third Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies south of Wilson Street and west of Ninth Street. (~21, Ord. 4837, 2-14-38). 30-122. Fourth Precinct of ~'ifth Ward. The Fourth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein de- fined which lies east of Ninth Street and south of Wilson Street (and Wilson Street extended east). (~22, Ord. 4837, 2-14-38). 30-124. Registration; voting. After this ordi- nance takes effect the residents of the voting pre- cincts as defined in the preceding sections of this ordinance shall register from and vote only in the voting precinct in which any such person shall reside. (~24, Ord. 4837, 2-14-38). 30-125. Territory outside City Limits; Attached For School Purposes; Residents; Voting. That all territory outside of the corporate limits of the City of Salina which has been attached to the City of Salina for school purposes and which is a part of the City of Salina School District shall be and the same is hereby attached to the several voting pre- cincts of the City of Salina contiguous thereto and . Ch.30 WARDS. 345 all persons residing in any such attached territory votes are cast shall prepare and keep a separate and possessing the qualifications of an elector under record of the persons casting such ballots, their the laws of the State of Kansas shall be qualified place of residence and of the number of such ballots to vote at an election in the City of Salina for received by them at any such election. (~25, Ord. school purposes only in any voting precinct of such 4837, 2-14-38). city which lies contiguous to the attached territory in which such person resides, and the boundaries I 30-126. Additional Territory. That any territory of which voting precinct, if extended, would include hereafter added to the City of Salina shall become the residence of such school district voter, and the a part of that ward and voting precinct to which ballots furnished to any such persons for the pur- it is contiguous and whose boundaries intersecting pose of voting at any such election shall be so the city limits if extended, would include such prepared as to permit such persons to vote for added territory, unless such territory shall by ordi- school purposes only and the judges and clerks of nance be specifically attached to some other ward election in any voting precinct at which any such or voting precinct. (~26, Ord. 4837, 2-14-38). . . . . . (Published in the Salina Journal December 27. 1940) ?:/IS-"t- , OrtDINANCE NO. 4983 AN ORDIAANCE amending Sections 30-108# 30-109. 30-111, 30-113. 30-114 of the Revised Ordinances of the City of Salina 1939# being Sections 8, 9, 11, 13 and 14 of Ordinance No. 4837 relatinE to the division of the City of Salina into wards and voting precincts and defining the boundaries thereof, and repealing said original sections. BE IT ORDAIl~D by the Board of Cownissioners of the City of Salina. Kansas: Section 1. That Section 30-108 of the Revised Ordinances of the City of Salina 1939, being Section 8 of Ordinance No. 4837, be and the s~~e is hereby amended to read as follo;~: "30-108. Third Precinct of Second Ward: The Third Precinct of the Second Ward shali include all of. that part of the Second Ward herein de- fined which lies south of Elm Street, and west of Twelfth Street fr~n Elm Street to State Street, and west of Eleventh street from state Street to Iron Avenue." Section 2. That Section 30-109 of the Revised Ordinances of the City of Salina 1939 being Section 9 of Ordinance No. 4837, be and the same is hereby ~nended to read as follows: "20-109 Fourth Precinct of Second Ward: The Fourth Precinct of the Second Ward shall include all".of that part of the Second Ward as herein defined which lies south of Elm Street, and east of Twelfth Street from Elm Street to State Street, and east of Eleventh Street from State Street to Iron Avenue.1I Section 3. That Section 30-111 of the Revised Ordinances of the City of Salina 1939, being Section 11 of Ordinance No. 4837 be and the same is hereby amended to read as follows: "30-111. First Precinct of Third Ward: The First Precinct of the T ird Ward shall include all of that part of the Third Ward as herein de- fined which lies west of the center line of Twelfth Street between Iron Avenue and the center line of the alley which runs east and west in Phillips 2nd Addition, and which lies north of a boundary line described as follows: Commencing at the intersection of the center line of Twelfth Street and the center line of the alley which runs east and west through Phillips and Addition, thence west along the center line of said alley to the center line of Baker Street, thence north in the center line of Baker Street to a point 72 feet south of the south line of Cedar Street. thence west along a line parallel with and 72 feet south of the south line of Cedar Street to the intersection of said line with the center line of Phillips Street, thence south in the center line of Phillips Street to its intersection with the center line of Spruce Street, thence west in the center line of Spruce Street to the west city limits.1I Section 4. That Section 30-113 of the Revised Ordinances of the City of Salina 1939. being Section 13 of Ordinance No. 4837 be and the same is hereby amended to read as follows~ IIS0-113. Third Precinct of Third ~iiard: The Third Precinct of the Third 'liard shall include all of that part of the Third 'liard as herein de- fined which lies within the following described boundaries, to-wit: Com- mencing at the intersection of the center lines of Eleventh Street and Prescott Avenue, thence north in the center line of Eleventh Street . . . to the center line of Eleventh Street to the center line of South Street, thence west in the center line of South Street to the center line of TWelfth street, thence north in the center line of Twelfth street to the center line of the alley which runs east and west in Phillips 2nd Addition, thence west along the center line of said alley to its inter- section with the center line of Baker Street, thence north in the center line of Baker Street to a point 72 feet south of the south line of Cedar Street, thence west along a line 1vhich lies parallel with and 72 feet south of the south line of Cedar Street to the intersection of said line wi th the center line of Phillips Street, t_lence south in the center line of Phillips Street to its intersection with the center li~e of Spruce Street, thence west in the center line of Spruce Street to its inter- section with the west city limits, thence south and along the westerly city limits to the intersection of the westerly city limits line with the center line of Prescott Avenue, thence east along the center line of Prescott Avenue to point of beginning." Section 5. That Section 30-114 of the Revised Ordinances of the City of Salina 1939, being Section 14 of Ordinance No. 4837, be and the same is hereby amended to read as follows: "30-114. Fourth Precinct of Third i'iard: The Fourth Precinct of the Third iiard shal~lclude all of that part~the Third V~ard as herein de- fined which lies within the following described boundaries to-1vit: Com- mencing at the L~tetsection of the center lines of Santa Fe Avenue and Mulberry Street, thence west along the center line of Mulberry Street to the west line of Ninth Street, thence south to the northeast corner of Sei tz Addition, thence west along the north line of Seitz Jiddi tion to the northwest corner of said Addition, thence westerly to the intersection of the west line of Eleventh Street with the center line of the alley which runs east a..l1d west in Phillips 2nd Addition, tnence west along the center line of said alley to its intersection with the center line of Twelfth Street, thence south along the center line of Twelfth Street to the cehter line of South Street, thence east along the center line of South Street to the center line of Eleventh Stredt (south of South Street) thence south along the center line of Eleventh Street to the center line of Prescott Avenue, thence east along the center line of Prescott Avenue to the ?oint of beginning." Section 6. That original Sections 30-108, 30-109, 30-111, 30-113, 30-114, being Sections 8, 9, II, 13 and 14 of Ordinance No. 4837, be and the same are hereby repealed. Section 7. This ordinance silall take effect and be in force from and after its publication in the official city paper. Introduced, Passed, December 14, 1940 December 16, 1940 Attest: Chas. E. Banker City Clerk Ed Morgenstern Mayor .., '- . Ch.31 . CHAPTER 31.!,~WEEDS. (See 13-440, G. S. 1935) 31-101. Weeds; Owner, Occupant, etc., of Land Required to Cut. It shall be unlawful for any owner, occupant or other person in charge of any lot or piece of land within the City of Salina, to permit the growth thereon 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 of Salina to cut and destroy all weeds, rank grass or other obnoxious growths of vegetation thereon. (~1, Ord. 3875, 4-28-30). 31-102. Weeds; Public Nuisance; City May Cut. The existence of weeds, rank grass or other obnox- ious growths of vegetation on any lot or piece of land within the City of Salina is hereby declared to be a public nuisance and in the event of the failure of the owner, occupant or person in charge of any such lot or piece of land to cut and destroy such weeds, rank grass or other obnoxious growths of vegetation thereon, it shall be the duty of the Street Superintendent, at any time after this ordi- nance takes effect, to proceed to cut and destroy all such weeds, rank grass or other obnoxious growths of vegetation found by him on any lot or piece of ground in the City of Salina. (~2, Ord. 3875, 4-28-30). 31-103. Interference with City Cutting Unlawful. It shall be unlawful for any person, owner or occu- pant or person in charge of any lot or piece of land in the City of Salina, to interfere with or to attempt to prevent the Street Superintendent or . WEEDS. 347 any person employed or designated by him to 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 pro- ceeding with such cutting and destruction. (~3, Ord. 3875,4-28-30). 31-104. Accounts of Costs of Cutting; Assess- ment. The Street Superintendent shall keep an ac- count of the cost of cutting and destroying the weeds, rank grass or other obnoxious growth of vegetation on each such lot or piece of ground in the City of Salina, and shall report the same to the City Clerk and such cost shall be by ordinance assessed against each such lot or piece of land and such special assessments shall be by the City Clerk certified to the County Clerk of Saline County, Kansas, to be collected in like manner as other taxes and special assessments are collected accord- ing to law. (~4, Ord. 3875, 4-28-30). 31-105. Violations; Penalty. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $5.00 nor more than $25.00 for each offense. This pro- vision shall be in addition to any other provision contained in this ordinance, 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 pen- alty provided for in this section against any person found guilty of violating the provisions of this ordi- nance. (~5, Ord. 3875, 4-28-30). 348 WHITE WAY. Ch. 32 CHAPTER 32.-WHITE WAY. . I from Ash Street to 400 feet south of Iron Avenue. 32-101. Ordinance No. 1706, passed March 24, 32-103. Ordinance No. 2068, passed July 16, 1917; 1913; Provided for installation of a White Way I Provided for maintenance of White Way as pro- on Iron Avenue between Fifth and Seventh Streets vided for by Ordinance No. 1706, and for installa- and on Santa Fe Avenue between Ash and Walnut I tion and maintenance of such additional White Way Street~, and for the maintenance of same for five I Poles as the City might at any time order in, at years from said date at prices provided for in said I prices fixed by such ordinance, for a term of five ordinance, and for the removal of certain arc lights years from the date thereof; Defined the conditions on said streets, to be deducted from the number of Installations of White Way Poles; Provided for of arc lights paid for by City. replacement of old type by new type arc lights throughout the City. 32-102. Resolution passed June 16, 1917; Pro- vided for extension of White W.ay on Santa Fe I (NOTE: See 22-301, et seg., street lighting, Ord. from Ash to Elm Streets and on Seventh Street 3294, 10-4-26; Amd. ~1, Ord. 4160, 5-31-32.) . - . eh. 33 AIRPORT and AIRCRAFT. 349 : CHAPTER 33.-AIRPORT AND . AIRCRAFT. (See Sees. 3-113 to 3-117, G. S. 1935) 33-101. Definition of Terms. In this ordinance, The term "aircraft" means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a para- chute or other contrivance used primarily as safety equipment. The term "public aircraft" means an aircraft used exclusively in the governmental service of the United States or of any state or territory thereof. The term "civil aircraft" means any aircraft other than a public aircraft, and the word aircraft as used in this ordinance shall be deemed to refer to "civil aircraft" unless otherwise specifically stated. The term "pilot" shall include every person who being in or upon any aircraft, undertakes to direct its ascent, flight or descent in the air. The term "airman" means any individual (includ- ing the person in command and any pilot, mechanic or member of the crew) who engages in the navi- gation of aircraft while under way, and any in- dividual who is in charge of the inspection, over- hauling or repairing of aircraft. The term "person" means an individual, a part- nership, or two or more individuals having a joint or common interest, or a corporation. The term "sole stage" means that point in the course of flying instruction, where a student under- takes to pilot aircraft alone as provided herein. The term "flight" shall include every kind of loco- motion by aircraft. The term "limits of the city" means the land within, or the air above the land within, the geo- graphical boundaries of the City of Salina as now or hereafter defined, and the Salina Municipal Air- port and above the same. "The Salina Municipal Airport" shall be deemed to refer to the airport now owned by the City of Salina, acquired by said city under the provisions of Section 3-110 Revised Statutes 1923 and located upon the East Half of the Northwest Quarter and the West Half of the Northeast Quarter of Section Twenty (20) Township Fourteen (14) South, Range Two (2) West of the 6th P. M. in Saline County, Kansas, and any other airport which may be here- after acquired by the City of Salina, and the word airport as used in this ordinance shall be deemed to refer to the Salina Municipal Airport unless otherwise specifically stated. The "Salina Aircraft Board" shall be deemed to refer to the Board created by and appointed under the provisions contained in this ordinance. (~1, Ord. 3769, 8-31-29). 33-102. Salina Aircraft Board. There is hereby created a Board to be known as The Salina Air- craft Board, to consist of five members, who shall be appointed by and who shall hold office at the pleasure of the Board of Commissioners of the City of Salina, Kansas. At least two of the members of said Board shall be persons experienced in the navigation of aircraft. The City Manager of the City of Salina shall be "ex officio" a member of said Board (and shall be one of the five members thereof) shall act as the Secretary thereof, and shall keep the records of such Board. Said Board shall select its own chairman and shall provide its own rules of proceedure. It shall be the duty of said Board to make rec- ommendations from time to time to the Board of Commissioners of the City of Salina, relating the use, control and regulation of the Salina Municipal Airport and of aircraft using the same. Said Air- craft Board shall administer the provisions of this ordinance and for such purpose is authorized to make such rules and regulations for the conduct and use of said airport and persons using the same, including air traffic rules, as may in their opinion be necessary to execute the powers vested in such Board by this ordinance, and as may be necessary for the convenience and safety of the public and all persons using such airport, which rules and reg- ulations shall conform to and coincide with, so far as possible, the provisions of the Air Commerce Act of 1926, and amendments thereto, passed by the Congress of the United States and Air Com- merce Regulations and Air Traffic Rules issued from time to time pursuant thereto, and such rules and regulations when adopted by said Aircraft Board and posted in one or more conspicuous places on said airport, and after a copy thereof shall be filed in the offices of the City Clerk, and approved by the Board of Commissioners, shall have the same force and effect as if enacted by ordinance of the Board of Commissioners of said city unless and until the same shall be rescinded, amended or set aside by ordinance or resolution duly adopted by the Board of Commissioners. (~2, Ord. 3769, 8- 31-29). 33-103. Use of Airport. The Salina Municipal Airport may be used for the service of all aircraft and pilots desiring to use the same, subject how- ever to such regulations, not in conflict with the Oh..33 350 AIRPORT and AIRCRAFT. laws of the United States and the State of Kan- sas, as may be imposed by this or any other ordi- nance of the City of Salina or by the rules and regulations adopted by said aircraft board, and provided that all persons using said airport as a permanent or temporary base for commercial or private flying shall pay to the City of Salina as compensation therefor, or for the rental of hangar or storage space thereon, such sum as may be re- quired by the governing body of said city. (~3, Ord. 3769, 8-31-29). 33-104. }<'ederal Law Followed. That the policy, principles and practices established by the United States Air Commerce Act of 1926, and all amend- ments thereto and the Air Commerce Regulations issued pursuant thereto, are hereby adopted and extended, and made applicable, so far as they may be made to apply, to cover all air traffic in or over the limits of the City of Salina, and to and from said airport. (~4, Ord. 3769, 8-31-29). 33-105. Aircraft License Required. No civil air- craft shall be flown in or over the limits of the City of Salina or over said airport, or shall land upon or take off from said airport or otherwise use the same, for any purpose, unless said aircraft shall have an appropriate existing license under Federal law or under the laws of the State of Kansas re- lating thereto. (~5, Ord. 3769, 8-31-29). 33-106. Ah'man License Required. No person shall act as an airman of any civil aircraft when such aircraft is flown or operated in or over the limits of the City of Salina or over said airport, or when the same shall land upon or take off from said airport or otherwise use the same, unless he shall have an appropriate existing license under Federal Law or be licensed under the laws of the State of Kansas relating thereto; provided that no person undergoing instruction which will qualify him as a pilot shall be required to have a pilot's license until he has reached the "sole stage". (~6, Ord. 3769, 8-31-29). 33-107. Restrictions on Flying. That no aircraft in the air over the limits of the City of Salina or said airport, or landing upon or taking off from the same or otherwise using the same, shall be guided or controlled by the pilot in a manner de- signed to give demonstration of trick or "stunt" fly- ing or aerial acrobatics, or be given any manipu- lation of the controls which may tend to divert the aircraft from a normal flight with every considera- tion of safety and stability. (~7, Ord. 3769, 8-31-29). 33-108. Height of Flying.. No aircraft shall fly over the limits of the City or over said airport at a height lower than that enabling such aircraft to glide in any emergency, and at all times, to a known established or recognized open or unob- structed place, and in no event under 1,000 feet; provided however that these restrictions shall not apply in the event of a fog, forced landing, or at the beginning or end of a flight, provided such air- craft shall maintain the height herein required as long as may be consistent with a safe landing, and shall acquire the height herein required as soon as may be consistent with a safe take off. (~8, Ord. 3769, 8-31-29), 33-109. Dropping Material in Flight. No person shall cause or permit to be thrown out, discharged or dropped from any aircraft in or over the limits of the City of Salina or said airport any ballast, instruments, tools, containers or any other article of any kind, unless it be directly over a place estab- lished for that purpose, and all equipment and arti- cles carried in aircraft shall be securely and ac- curately fastened in place before leaving the ground. (~9, Ord. 3769, 8-31-29). 33-110. License Displayed. It shall be unlawful for any person to own or operate any aircraft in or over the limits of the city or over said airport, or to land upon, take off from or otherwise use said airport unless a license issued under the Fed- eral Law, or evidence of the existence thereof as required by Federal Law, or the official number plate provided for under the laws of the State of Kansas, shall be conspicuously displayed on and at- tached to said aircraft, and unless the pilot navi- gating any such aircraft shall have in its posses- sion an existing license or certificate issued either by the Federal government or by the State of Kan- sas. (S10, Ord. 3769, 8-31-29). 33-111. Fraudulent License. It shall be unlaw- ful for any person to have in his possession any fradulent, forged or counterfeit certificate or li- cense, purporting to license such person as a pilot or airman or to license the aircraft operated or owned by or in the possession of any such person, or for any such person to operate or to direct or cause the operation of any aircraft under any fradu- lent, forged or counterfeit license or certificate, or any license or certificate which may have expired, or which may have been revoked or cancelled. (~11, Ord. 3769, 8-31-29). 33-112. Agreements for Use of Airport. The Board of Commissioners may enter into agreements . . - Ch. 33 AIRPORT and AIRCRAFT. with any person .01' .persons for the use of such airport for temporary or permanent base for any aircraft owned or operated by any such person for commercial flying or for the instruction of students in flying or for any other purpose, for such com- pensation in any case as the Board of Commission- ers may deem reasonable and proper, and the Board of Commissioners shall have the right to regulate the charges made to the public by any person us- ing said airport for local commercial flying or air taxi service, and the charges made for instruction in flying by any person using such airport for such purpose, and may prohibit any excessive or exhor- bitant charges made by any such persons, and each person who may have heretofore or may hereafter enter into an agreement for the use of such air- port or any part thereof shall abide by all of the provisions of this ordinance and of any ordinance hereafter adopted, and shall abide by and shall conform with all of the rules and regulations made and adopted by the Salina Aircraft Board as herein provided for, and if any such person or any agent, servant, representative or employee of any such person shall violate any of the provisions of any such ordinance, rules or regulations, or upon notice and demand shall refuse to comply with the same, such person may thereafter be denied any further use of said airport or any part thereof and any contract or agreement which may be in existence at such time may be automatically revoked and suspended, such penalty to be in addition to any other penalty which may be provided for in this vrdinance. (~12, Ord. 3769, 8-31-29). 33-113. Direction of Airport. The Board of Com- missioners may appoint a person to take charge of said airport who shall when appointed be known as the Director of the Salina Municipal Airport and when appointed, such person shall be under the supervision of the Aircraft Board, and shall have authority and it shall be his duty to enforce the provisions of all ordinances and laws relating to said airport and to aircraft using the same and all rules and regulations which may be adopted pursu- ant to this ordinance. Such person and each mem- ber of said aircraft board shall by virtue of his office be a special police officer of the City of Salina, and each such special officer, and any other regular or special police officer of the City of Salina shall be authorized and it shall be their duty to enforce all of the provisions of this ordinance and any other ordinances or laws relating to said airport or to aircraft using the same and any and all rules and regulations adopted pursuant to this ordinance. (~13, Ord. 3769, 8-31-29). 33-114. Exceptions. 'I'he provisions of this ordi- nance shall not apply to civil aircraft or airmen while exclusively engaged in commercial flying constituting an act of interstate or foreign com- merce, nor to public aircraft. (~14, Ord. 3769, 8- 31-29). 33-115. Penalty. If any person shall violate or cause, permit or direct the violation of any of the provisions of this ordinance, or any of the rules and regulations adopted and in effect pursuant to the provisions of this ordinance, or shall fail to do any of the things required to be done by the pro- visions of this ordinance or of such rules and regu- lations such person shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $500.00, or may be im- prisoned for a term not exceeding thirty days, or may be punished by both such fine and imprison- ment for each such offense, and each day's viola- tion of any of the provisions of this ordinance or of any of such rules or regulations shall be deemed to constitute a separate offense, but this provision shall not be deemed to prohibit the prosecution of any person for more than one offense on the same day. (~15, Ord. 3769, 8-31-29). 33-116. Sale of Gasoline at Airport; Fees; Regu- lations. No person, firm or corporation shall sell or dispense gasoline, either from pumps or tank wagons, or from barrels, cans or otherwise, upon or from the premises occupied by the Salina IVlunici- pal Airport, without paying to the City of Salina as compensation for such right the following amounts: For the sale of gasoline for aircraft use from tank wagons, barrels, cans or other containel's, or from pumps installed upon said premises, the sum of $25.00 per year, or part thereof, which pay- ment shall cover a period expiring December 31st following the date when such payment becomes due, which shall include the right to install and main- tain a gasoline pump for such purpose, provided that no such pump shall be located on said airport except at a location designated by the City Engi- neer, and approved by the City Manager of the City of Salina, and provided that the type of equip- ment and method of installation shall be first ap- proved by the City Engineer. (91, Ord. 4427, 6- 25-34) . 33-117. Same; Violations; Penalty. It shall be unlawful for any person, firm or corporation to sell or dispense gasoline, for any purpose what- soever, at or from the premises occupied by the 351 Ch.33 352 AIRPORT and AIRCRAFT. offense. (S2, Ord. 4427, 6-25-34). Salina Municipal Airport owned by the City of Salina, Kansas, without first paying the compensa- tion herein provided for, and any person, firm or corporation or any agent, servant, employee or rep- resentative thereof who shall violate any provision of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction shall be fined not less than $25.00 nor more than $100.00 for each offense, and each day upon which any such viola- tion is committed, it shall be deemed a separate 33-118. Same. Any person, firm or corporation who shall violate any provisions of this ordinance may be denied the use of said Salina Municipal Airport for any purpose whatsoever, and any equip- ment or property belonging to any such person may be removed from said airport premises by the per- son in charge of said airport, or by any officer of the City of Salina. (S3, Ord. 4427, 6-25-34). . Ch.34 CHAPTER 34.-CITY COURT. CITY COURT. (See Secs. 20-1401 to 20-1423, G. S. 1935; see also State, ex. rei, vs. Smith, 130 Kan. 228.) 34-101. Establishment of City Court. That there be and there is hereby created and established in the City of Salina pursuant to the provisions of Article 14 of Chapter 20 of Revised Statutes of Kansas 1923, being Sections 20-1401 as amended to 20-1423 inclusive, of said Revised Statutes, a City Court in and for the City of Salina, Kansas, which shall be known as "The City Court of Salina" and that the mayor of the City of Salina be and with the consent of the City Commission, shall appoint a Judge of such city court, a clerk of such City Court and a marshal of such City Court. (~1, Ord. 3767, 8-19-29). . 34-102. Judge, Clerk and Marshal. It shall be the duty of the Board of Commissioners of said city to select and appoint as the judge of said city court some attorney at law who has been admitted to the bar and who is a resident and citizen of such city and such judge shall hold his office until the next city election is held in said city and until his suc- cessor is elected and qualified. Said mayor by and with the consent of said Board of Commissioners shall appoint a clerk and marshal of such city court who shall be persons of approved integrity pos- sessing the ability to fill such offices. (~2, Ord. 3767, 8-19-29). 34-103. Jurisdiction; Laws Applicable; Limit of Jurisdiction of Justices. The Court hereby estab- lished shall, under the limitations and restrictions herein provided, have original jurisdiction in civil cases for the recovery of money only and to try and determine the same, where the amount claimed does not exceed one thousand dollars; and the court hereby established shall have jurisdiction of ac- tions for the recovery of specific personal property not to exceed five hundred dollars in value, as here- inafter provided. In all other respects the said court hereby established shall have the same juris- diction, civil and criminal, as Justices of the Peace now have in this state, and for the purpose of the jurisdiction hereby conferred and of its proper and necessary exercise, all of the laws of this state relating to the powers, duties and jurisdiction of Justices of the Peace and practices, pleadings and proceedings in Justice Courts which are not in con- flict with the provisions of this ordinance shall apply to said city court and the judge thereof, and to the mode of practice therein, and to the power, - original, mesne and final so far as the same may be applicable; Provided, that after this ordinance shall take effect Justices of the Peace in such city shall have no jurisdiction of any case, civil or criminal, except in civil actions for the recovery of money only where the amount claimed exclusive of costs does not exceed the sum of one dollar, but this ordinance shall not apply to any suit or pro- ceeding before justices of the peace pending at the time this ordinance takes effect, nor to the enforce- ment of judgments theretofore rendered by them. (~3, Ord. 3767, 8-19-29). 34-104. Issuance of Process. All writs and pro- cesses of every kind in cases brought or pending in said city court shall be issued by the clerk there- of, or in case of his absence, or being otherwise engaged, then by the judge thereof in the name of the clerk, in the same manner as such writs and processes are issued by the clerk of the district court. (~4, Ord. 3767, 8-19-29). 34-105. Commencement of term of Judge, Clerk and Marshal; Law Practice by Judge. That the office of judge, clerk and marshal of said court are hereby created, whose terms of office, respectively, shall commence from the date of their respective appointment or from the date of their election, and who shall hold their office for the term of two years and until their successors are elected and qualified, as provided by this ordinance: Provided further, that it shall be unlawful for the judge of said court to engage in the practice of law in any of the courts of the state of Kansas during his said term of office. (~5, Ord. 3767, 8-19-29). 34-106. Qualifications and Residence of Judge. Clerk and Marshal. Said judge, clerk and marshal shall at the time of their election be qualified voters of such city and shall reside therein during their term of office, and the judge of said court shall be a lawyer regularly admitted to practice law in the district courts of Kansas. (~6, 3767, 8-19-29). 34-107. Direction and Execution of Process. All writs and processes issued by the judge or clerk of said court shall be directed to the marshal of said court or to the sheriff of said county in which said city is located, or, when proper, to the sheriff of adjoining or other counties in said state, and shall be executed and returned by such officer in the same manner in all respects as now provided by law in relation to writs and processes issued by the Clerk of the District Court. (~7, Ord. 3767, 8- 19-29). 353 354 CITY COURT. Ch.34 34-108. Salary of Judge, Clerk and Marshal. The judge of the court shall receive for his services, a salary of two hundred ($200) dollars per month; the clerk of said court shall receive for his services a salary of one hundred ($100) dollars per month; the marshal of said court shall receive for his ser- vices a salary of one hundred twenty-five ($125) dollars per month. All of such salaries shall be paid in monthly installments by such city out of the city treasury. (~8, Ord. 3767, 8-19-29). 34-109. Duties of Clerk. The clerk of said court shall record the proceedings of said court, make out all writs, processes and other papers necessary to be signed or issued by said clerk or judge, ad- minister oaths required in judicial and other pro- ceedings before such court or the judge thereof, file all papers in cases pending in said court, docket cases and set the same for trial, and he shall per- form such other clerical duties in relation to the proceedings in said court as may be directed by said judge. (~9, Ord. 3767,8-19-29). 34-110. Docket and Stationery. Said court shall keep a civil and criminal docket, which shall be furnished by such city, in which docket must be entered by the clerk or the judge every case brought or pending in said court and all the proceedings had or done therein, in the same manner in all re- spects as is provided by law relating to the docket of justices of the peace and such city shall furnish all necessary and proper stationery for the use of said court. (~10, Ord. 3767, 8-19-29). 34-111. Court Room and Supplies. The govern- ing body of such city shall provide suitable rooms for holding said court in such city, and provide for suitable furniture, fuel and lights, and all other necessary incidental expenses of said court. (~11, Ord. 3767, 8-19-29). 34-112. Change of Venue. In any civil case brought in said court, a change of venue may be taken to the district court of said county in which said city is located upon the application of either party, in the same manner as is provided by law for taking changes of venue from district courts of this state. (~12, Ord. 3767, 8-19-29). 34-113. Appeals. Appeals may be taken from said court to the district court of the county in which such city is located, in the same manner and to the same extent as provided by law for appeals in cases before justices of the peace. (~13, Ord. 3767, 8-19-29). 34-114. Judges Pro Tern. In case of the absence, sickness or disability of the judge of said court, such judge may appoint a judge pro tern. of said court, who shall hold court for him and hear and determine any matter pending therein to the same extent that such absent 01' disabled judge might do if personally present, and such judge pro tern. shall fill such position until the judge of said court can be personally present. (~14, Ord. 3767, 8- 19-29). 34-115. Judge, Clerk or Marshal Not to Act as Counsel for Party. Neither said judge, clerk or marshal shall draw any pleadings in their said court nor act as attorney for any person in any such case. (~15, Ord. 3767, 8-19-29). 34-116. Oath of Judge, Clerk and Marshal. The judge, clerk and marshal of said court shall, before entering upon the discharge of their duties, take and subscribe an oath to support the constitution of the United States and of the state of Kansas and to faithfully discharge the duties of their re- spective offices. Such oaths shall be administered by the clerk of the district court of such city. (~16, Ord. 3767, 8-19-29). 34-117. Deposit or Security for Costs. In all civil actions brought in said court, where the plain- tiff is a nonresident of the state of Kansas, before summons or other process shall be issued therein, a deposit of seven dollars and fifty cents shall be made by the plaintiff with the clerk of said court as security for costs in said case. The judge of said court may in any case require such security as he may deem sufficient to cover all costs therein: Pro- vided, That in cases where the plaintiff, being a resident of the county wherein such city is located, and having a just cause of action against the de- fendant is unable by reason of his or her poverty to give such security, on affidavit made before said clerk or judge that such is the fact, no deposit or security for costs shall be required. In all actions in which security for costs has been given or a deposit been made the defendant may, upon reason- able notice given to the plaintiff, at any time be- fore final judgment therein, move the court for an additional deposit or security for costs, and if on hearing said motion the court be satisfied that such security or deposit for costs is not sufficient, it may require additional deposit or security for costs to be given by the plaintiff within a reasonable time, to be fixed by the court, and if not given as re- quired the action may be dismissed: Provided, That where the plaintiff is a resident of such county wherein such city is located, he may at the com- . Ch.34 mencement of the suit deposit five dollars, which shall be in lieu of all security or deposit for costs herein provided, except the jury fee where a jury is demanded by plaintiff. All costs advanced or paid by the plaintiff shall be returned to him when the same are collected from the defendant in the action. (~17, Ord. 3767, 8-19-29). 34-118. Fees; Collections and Disposition of Fees and Costs. In all causes, civil or criminal, brought in said court, there shall be taxed therein the same fees as are allowed by law in such cases before justices of the peace in this state, and when the same are collected they shall be paid by the clerk of said court, on the first Monday in each month, to the city treasurer of such city, and all such costs and fees shall be collected as is provided by law for the collection of costs in justice courts of this state, and said city treasurer shall credit the same to the city funds, and give duplicate receipts for the same, one of which shall on the same day be deposited with the City Clerk by the Clerk of said court, together with a detailed statement of the items of costs, the title of the case in which they were paid, and the name of the parties paying the same: Providing, That no fees of witnesses or jurors shall be so deposited, but shall be paid by the clerk of said court to the parties to whom they are due; Provided further, That all witnesses' fees and jurors' fees collected and not claimed by the persons entitled thereto, shall at the end of each six months be paid to the city treasurer, and if the same shall not be claimed by the persons entitled thereto within one year from the date of their de- posit with the said city treasurer, said unclaimed witnesses' and jurors' fees shall be paid into the general fund of such city. (~18, Ord. 3767, 8-19-29). . . CITY COURT. 34-119. Payment of Moneys by Check to Persons Entitled. All money paid into said court shall be paid to the clerk thereof, who shall pay the same to the party entitled thereto, except as provided in the next preceding section hereof. (~19, Ord. 3767, 8-19-29). 34-120. Bond of Clerk. The Clerk of said court shall give bond in the sum of two thousand dollars to such city, to be conditioned, approved and de- posited in the same manner as bonds of a justice of the peace of this state. (~20, Ord. 3767, 8-19-29). 34-121. Bond of Marshal. The marshal of said court shall give bond in the sum of two thousand dollars to such city, conditioned as now required by law for constables, and to be approved and deposited in the same manner as bonds of constables in this state. (~21, Ord. 3767, 8-19-29). 34-122. Tenure of Judge, Clerk and Marshal. The terms of office of the judge, clerk and marshal of said court shall be for two years, and they shall hold their respective offices until their successors are elected and duly qualified. The term of office of the judge, clerk and marshal of such city court elected at such election shall commence at noon on the first Tuesday following such election. (~22, Ord. 3767, 8-19-29). 34-123. Vacancies. All the vacancies in the of- fice of judge, clerk or marshal of said court shall be filled by appointment of the mayor 'and city com- mission until the next election for city officers oc- curring more than thirty days after such appoint- ment. (~23, Ord. 3767, 8-19-29). 355 . . - Ch. 85 TREES, FORESTRY. CHAPTER 35.-TREES, FORESTRY. (See Secs. 21-576, 21-2307-8, G. S. 1935.) 35-101. Trees; Trimming Required. That the owners, occupants or persons in charge of real estate in the City of Salina abutting upon any public streets and avenues in said city be and they are hereby required to cause all trees growing and sit- uated 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 abutting upon any such prop- erty, 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. (~1, Ord. 3396, 6- 25-27). 35-102. Same; Dead Trees; Limbs Removed. That the owners, occupants or persons in charge of real estate abutting upon any public street or avenue in the City of Salina be and they 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 thereof, or any dead tree or any dead limb or branch of any tree situated or growing upon any such real estate, but overhanging any such street or avenue (or sufficiently near thereto to become dangerous to the public travel- ing thereon or on any sidewalk thereon) 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. (92, Ord. 3396, 6-25-27). 35-103. Same; Notice. That the street superin- tendent be and he 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 1 of this ordinance, or to Cause the removal of any dead trees or dead limbs or branches of any trees as required by Section 2 of this ordinance, whenever in his opinion the same may be necessary, or if such owner cannot be found in the City of Salina, then to notify the occupant, agent or per- son in charge of said property in the same manner, and if within five days from the date of the service of any such notice, 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 ordinance, and the street superintendent shall cause a complaint to be filed in the police court of said city and such owner, or occupant, or person in charge of said property shall be prose- cuted for the violation of the provisions of this ordinance, but failure to serve such notice shall not relieve any person from complying with the pro- visions of Sections 1 and 2 of this ordinance, and any violator thereof shall be punished as herein pro- vided, whether such notice be served or not. (93, Ord. 3396, 6-25-27). 35-104. Same; Violation; Penalty. That any per- son who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $5.00 nor more than $25.00 for each offense, and for each day upon which any condition by this ordinance prohibited is permitted to continue, after the time fixed in any notice given by the street superintendent, a separate offense shall be deemed to be committed. (94, Ord. 3396, 6-25-27). 35-105. Same; Public Nuisance; How Abated. That in addition to the other provisions of this ordi- nance, any tree which is not trimmed in accordance with the provisions hereof, or any dead tree or dead branch or limb of any tree which is not removed, in accordance with the provisions hereof, or any other dead tree or dead branch or limb of any tree situated on any premises in the City of Salina, which is or may become in danger of falling and injuring any person or property in said city, is hereby de- clared a public nuisance, and if any such tree be not properly trimmed, or any such dead tree or dead branch or limb of any tree be 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 street superintendent, as herein provided or otherwise, the nuisance 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 per- son in charge of such premises within the time (not to exceed five days) to be fixed by the police judge, be abated and removed by the street superintendent 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 (~ 358 TREES, FORESTRY. Ch.35 or avenue upon which the same exists, and certified \ avenues, boulevards, parks and other public grounds, by the city clerk to the county clerk and collected I and the street superintendent or park supeninten- as other taxes are collected; Provided, however, dent, or either of them are hereby authorized and that nothing in this ordinance shall be deemed to \ directed, whenever it may be necessary, to perform impair the right of the city to trim, protect or I or to cause to be performed any such work. (~5, otherwise care for trees upon all public streets, lOrd. 3396, 6-25-27). ~._._.._----~..~_..,.- . . . Ch.36 WATER WORKS. 359 CHAPTER 36.-WATER WORKS (See 12-814, 12-818, 13-2401, G. S. 1935) 36-101. Control. That there be and there is hereby created in the City of Salina, Kansas, a de- partment to be known as "The Water Works De- partment of the City of Salina" which shall here- after in this ordinance be referred to as the "De- partment;" which in accordance with the provisions of this ordinance shall have the control and man- agement of the system of water works now owned or hereafter owned by the City of Salina. The Board of Comissioners of the City of Salina shall, through the officers and employees of said depart- ment as hereinafter provided for, maintain, manage and conduct said Water Works Department. (~1, Ord. 3191, 12-14-25). 36-102. Waterworks Advisory Commission. That there be and there is hereby created a Commission to be known as "The Water Works Advisory Com- mission" which shall consist of five members who shall serve without compensation, and who shall be appointed by the Board of Commissioners of the City of Salina. Of the members first appointed two shall serve for a period of one year from the first day of January of the year of their appoint- ment, two for two years from said date and one for three years from said date. At the expiration of such terms, members shall be appointed to fill the vacancies caused by such expiration for a term of three (3) years; and any vacancy caused by death, resignation or otherwise than by the ex- piration of a regular term shall be filled by ap- pointment for the unexpired term only. Such Com- mission shall elect a President and Secretary and shall provide its own rules of order, and it shall be the duty of such commission to consult with and advise the Board of Commissioners of the City of Salina with reference to the operation of the Water Works System of the City of Salina, and to make such recommendations as it may deem necessary or proper for the conduct and operation of such waterworks, and it shall meet with said Board of Commissioners at least once a month for such purpose. (~2, Ord. 3191, 12-14-25). 36-103. Officers and Employees. That there be and there are hereby created certain offices in said Department as follows, to-wit: (a) Consulting Engineer. The City Engineer of the City of Salina shall be, ex-officio, the consult- ing engineer of the Water Works Department. The duties of such Consulting Engineer shall be to con- sult with and advise the Board of Commissioners WATER WORKS. Ch.36 360 Commissioners and shall hold office or employ- ment until removed for cause. All such officers and employees shall receive such compensation as may be hereafter provided by ordinance. The Superintendent and Secretary shall each give good and sufficient surety company bonds to the City each in the sum of $5,000.00 to be approved by law for the faithful performance of their duties and for a true and faithful accounting of all monies that may come into their hands by reason of such position. (~3, Ord. 3191, 12-14-25). 36-104. Finances. All revenues derived from the sale and from the operation and management of the 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 Works Department Fund, and all warrants for expense of operating, improvement, extending and maintaining said system and for in- terest on or for repayment of principal of water- works bonds shall be drawn on such fund. In ad- dition to customer's accounts, etc., there shall be kept a set of cost books and records complete enough to show the cost of producing and distribut- ing water and repairing and maintaining the water works plant and equipment, and such other items as shall be necessary for the intelligent manage- ment of the department. Interest on and amor- tization of outstanding indebtedness of the water department, and a charge to cover the deprecia- tion of the water works plant and equipment, shall be included in the cost of water at the tap as shown gy the cost account. Separate reserves shall be established for interest, sinking funds, repairs and depreciation and the proper amounts appro- priated monthly to such reserves. If, at any time, the revenue of the water department are not suffi- cient to pay all such charges, the amounts not paid shall be appropriated from future revenues or sur- plus of the department. The accumulations of the depreciation reserve shall be used for replacement of worn out or obsolete plant or equipment, and may be temporarily invested in water works ex- tensions or improvements but all monies so in- vested shall be returned to the depreciation re- serve, with accrued interest, from the revenues of the department. (~4, Ord. 3191, 12-14-25). 36-105. Revolving Fund. That there be and there is hereby created in the Water Works De- partment Fund in the hands of the City Treasurer of the City of Salina, a revolving fund to be known as the Water Department revolving fund in the sum of Five Hundred ($500.00) Dollars which shall be placed to the credit of the Superintendent of the Water Works Department to be used by him as a petty cash fund for the purpose of paying any nec- essary incidental expenses which may become nec- essary in the conduct of said Department, any pay- ment from such fund to be reported by the Super- intendent to the City Manager and approved by him the same as other expenses incurred in the opera- tion of such Department. (~1, Ord. 3207, 1-18-26). 36-106. Same; Appropriation. That there be and there is hereby appropriated out of the Water Works Department fund the sum of Five Hundred ($500.00) Dollars for the use of the Superintendent of the Water Department to be used by such Superintendent in the manner provided for in Sec- tion 1 of this ordinance and shall be accounted for as in said Section 1 provided. (~2, Ord. 3207, 1-18-26) . 36-107. Same; Fund increased. That the l'evolv- ing fund known as "Water Works Department Re- volving Fund" as created by Ordinance No. 3207 in the sum of $500.00 be and the same is hereby increased to $3,000.00 which shall be placed to the credit of the Superintendent of the Water Works Department, out of which he shall pay the salaries and expenses of said Water Works Department. Out of such revolving fund the said Superintendent shall pay such incidental expenses as may arise in the conduct of said Department; provided that no salaries, and no items of expense in excess of $50.00, shall be paid out by him until after the vouchers therefor shall have been submitted to and approved by the City Manager and the Director of Finance. For all monies paid out by said Superintendent un- der the provisions hereof, he shall submit vouchers to be approved by said officers; and the Board of Commissioners of the City of Salina shall appro- priate at their first meeting on or following the 15th day and the last day of the calendar month, from the Water Works Department Fund, an amount sufficient to keep said revolving fund up to $3,000.00. (~1, Ord. 3211, 2-1-26). 36-108. Same; Appropriation. That the sum of $2,500.00 in addition to the $500.00 heretofore ap- propriated be and the same is hereby appropriated out of any funds in the hands of the City Treas- urer to the credit of the Water Works Department Fund the same to be credited to the Superinten- dent of the Water Works Department for the pur- poses mentioned in Section One of this Ordinance. (~2, Ord. 3211, 2-1-26). . . - Ch. 36 WATER WORKS. 36.109. Rules. The rates, rules and regulations her.ein established shall be considered a pal't of the contract with every person, firm and corpora- tion supplied with water by and through the watel'- works system, either within or without the corpor- ate limits of the City of Salina. Such person, firm 01' cOl"}Jol'ution, by alJplying for and accepting water shall be held and considered as consenting to be bound thereby, and in case of violation of any rules or regulations in force or upon failul'e to pay any charges or penalties herein provided for, the water may be cut off from the premises or place of vio- lation and not turned on again except by order of the Supelintendent of the Water Works Depart- ment after satisfactory assurance that there shall be no further cause for complaint and upon pay- ment of any such charges. (~5, Ord. 3191, 12-14- 25). any such bills or charges due on discontinuance of service and any such deposit not so applied shall be payable as provided by law on demand of the depositor after discontinuance of service. (~6, Ord. 3191, 12-14-25). 36-111. Taps. The Department shall tap all mains or distributing pipes, inserting a corpora- tion cock and furnishing the union for the connec- tion to the service pipe. The charge for each tap shall be Four ($4.00) Dollars for three-quarter (%,) inch corporation cock and Six ($6.00) Dollars for one (1) inch corporation cocks, to be paid to the Water Department when the tap is ordered. (~7, Ord. 3191, 12-14-25). 36-112. (Note: Service pipes: See ~5-409, supra). (Ref.: See 13-2410, 2411, G. S. 1935). 36-113. Care of Service Lines. All consumers shall keep their own fixtures, service lines, and curb cocks in good repair and protected from frost at their own expense, and shall prevent all un- necessary waste of water, keeping all fixtures closed when not in use. It is expressly stipulated that no claim shall be made against the City or the Water Works Department because of any break in the service or any damage arising from the cut- ting off of water to repair mains, make connec- tions, or for any other purpose, that becomes nec- essary; 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 repairs to be made to service lines between the main and the curb cock, or when curb cocks are broken or cannot be closed, service boxes are misplaced, filled with debris or require new lids, or when other repairs or replacements are necessary to the proper operation of the system or to pre- vent waste of water, reasonable efforts shall be made to notify the owner or party liable for the expense and to induce him to make the necessary repairs or alterations; but in cases where, after reasonable effort, it is found impossible or imprac- ticable to notify the owner or party liable, or where the owner or party liable fails or refuses to have the necessary repairs made within a reasonable length of time, or where an emergency does not permit the necessary delay in finding the owner or party liable, then the Water Works Department shall make such repairs or alterations as are nec- essary and charge the actual cost of labor and ma- terial involved, plus 25% for overhead expenses, 36-110. Applications. Any person making propel' application and complying with the requirements herein set forth shall be supplied with water by the Department providing his property adjoins a water main or distributing pipe. All applications for water shall be on a form to be furnished by the Department and shall be signed by the per- son making such application and shall state the location of the premises for which water is to be turnished and all purposes for which water is re- quired, and any other information required by the Department. Unless such application be signed by the owner, or the authorized agent of the owner of the property to be supplied, such application must be accompanied by a cash deposit of not less than Two ($2.00) Dollars as security for the pay- ment of bills and services rendered of any other charges properly assessed against said premises as provided for herein, provided that the amount of deposit so required shall be increased to an amount equal to double the estimated monthly water bills for such premises and any applicant shall, upon de- mand of the Superintendent, increase such deposit when, if in the opinion of such Superintendent, such increase may be necessary. Whenever such appli- cation is made by any person other than the owner of the property or the authorized agent of such owner, the applicant shall secure the written con- sent of such owner or agent to the furnishing of water to such premises and to such applicant in accordance with the rules and regulations herein provided for. Such deposits shall be in a separate account showing the name of the depositor, the amount thereof and the date on which any such deposit is received. Such deposit may be applied to the payment of any accrued bills or charges or 361 362 WATER WORKS. Ch.36 36-114. Meters. All water sold by the Depart- ment shall be measured by meter. All meters shall be furnished by the Department and installed with- out cost to the consumer. The meters shall be lo- cated adjacent to the curb cock where practicable in a meter box to be furnished by the Department at the expense of the consumer, and otherwise at such point as the Superintendent shall direct. The owner shall leave a gap in the service line of proper size to accommodate the meter and connections fur- nished by the Water Works Department and shall leave sufficient room about the meter for the in- stallation of a meter box in case the meter is placed outside the buildings. No person shall molest, in- jure, or in any way interfere with any water meter, meter box or cover, or anything appertaining there- to, and no person shall deposit dirt, stone or rub- bish of any nature in any meter box or service box. The occupant of any building or premises where a meter is located shall keep the meter free from all obstructions so that it is at all times conveni- ently accessible for reading, inspecting or repair- ing. The Superintendent, or persons authorized by him, may enter at any reasonable hour any prem- ises supplied with water in order to inspect or re- pair meters, pipes or fixtures or to investigate the use of water. Where a meter is located in an ap- proved meter box or housing in the parking or sidewalk, the consumer or owner of such property in which such meter is placed shall be responsible for its protection and preservation and any damage sustained by such meter shall be charged to the consumer or owner of the property served in the same manner as prescribed for repairs to service lines. Whenever a meter is damaged by hot water or steam or by 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. In case any meter fails to register for any cause, the amount charged for water during such period shall be estimated by the Superintendent, such estimate to be based on the average amount registered during a like pre- ceding period and such other information as is available. (~10, Ord. 3191, 12-14-25). (See 13- 2410-11, G. S. 1935). 36-115. Use. Patrons shall not allow water to be taken from the premises nor permit any con- nection being made to his service line without first obtaining written permission from the Superinten- dent. 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 Superintendent. (~11, Ord. 3191, 12-14-25). (' ./ ..",. ;;:;0.:' 36-116. Rates. The following are hereby estab- lished as the meter rates which consumers of water shall pay for water furnished them by the Water Works Department of the City of Salina: Per Thousand Gallons .$0.30 0.25 0.20 0.15 0.10 First 25,000 gal. per month Next 35,000 gal. per month Next 25,000 gal. per month Next 15,000 gal. per month All over 100,000 gal. per month against the property served, and the same shall be collectible ill the ::lame manner as monthly water bills. No service lines shall be abandoned without first having been shut off and capped or plugged at the corporation cock at the expense of the prop- erty owner. (~9, Ord. 3191,12-14-25). (Ref.: See 13-2410, 2411, G. S. 1935). Special contracts may be entered into, when ap- proved by the City Commissioners, with large users of water, granting special rates where the quan- tity of water used and the conditions of service justify, but no such contract shall cover a period of more than one year. The minimum charge for regular consumers shall be $1.00 per month where water is furnished through a five eighths inch meter; provided how- ever, that consumers shall have the option of enter- ing into contract for water for the period of one year in which case the minimum charge shall be $12.00 per year payable in advance for which the consumer shall be entitled to receive 40,000 gallons of water during the year and all water used in excess of that amount during such year shall be charged at the uniform rate of thirty cents per 1,000 gallons. Where water is furnished through a meter larger than five eighths inch the monthly and annual minimum charges shall be as follows, to-wit: Minimum Gallons Size of Monthly Minimum Allowed Meter Charge Annual Minimum %. inch $ 1.50 $ 18.00 60,000 1 inch 2.50 30.00 100,000 1 % inch 3.50 42.00 140,000 11h inch 4.50 54.00 180,000 2 inch 6.00 72.00 240,000 3 inch 7.50 90.00 300,000 4 inch 16.00 192.00 640,000 6 inch 30.00 360.00 1,200,000 ",.,...,.,.-"'._"_.,".--"'.....-......."._~._..,--- ~~-",,--,,_._--'-'-'- . . -- eh.86 WATER WORKS. 363 Where consumers have large diameter fire ser- fully paid and complied with, and the Superinten- vice lines in which no meter is placed, the charge dent of the water department shall be authorized for the readiness to serve shall be 15% of the cor- to make all reasonable rules and regulations to se- responding minimum set forth above. (!l12, Ord. cure the payment of any sums due to the water de- 3191, 12-14-25). (See 12-813, 13-2405, G. S. 1935). partment of the City of Salina as may in his judg- ment be necessary. (Sl, Ord. 3737, 7-1-29). 36-117. Accounts. All meters shall be read as nearly as practicable on the last day of the month and bills shall be rendered by the first day of the month following. All bills shall be payable on or before the tenth day of the month in which the bill is rendered, and if any person, firm or corpora- tion shall fail to pay his water bill on or before the tenth day of said month, a penalty of ten (10%) per cent of the amount of the bill, in no event less than twenty-five cents, shall be added and collected. If any person, firm or corporation, shall fail to pay hi~ water bill on or before the twentieth day of said month, service shall be discontinued and water shall be shut off from the premises until all unpaid water bills and penalties shall have been paid, to- gether with an additional charge of One ($1.00) Dollar to cover the cost of shutting off and turn- ing on the water regardless of any change in occu- pancy or ownership. The Superintendent shall have authority to make corrections or refunds of over- payments or improper water bills due to error in the Water Works Department, but shall have no authority to remit or diminish bills for any other reason. (!l13, Ord. 3191, 12-14-25). 36-118. Payment and Collection of Charges. That whenever any consumer of water shall move from one location or premises to another in or adjacent to the City of Salina, or whenever water is turned off at any premises on account of the failure of the consumer to pay the water charges for water used on any such premises, or whenever any con- sumer or applicant for water service is indebted to the water department of the City of Salina for any water previously furnished to him either at the premises for which an application is made or at any other place in the City of Salina, the Superintendent of the Water Works Department shall 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 water department for whatever premises, have been fully paid by such consumer or applicant, and all other requirements and charges, whether in the natUl.e of penalties, shut off or turn on charges, or deposits as required by ordinance, shall have been paid, and no applicant or consumer shall be entitled to have water turned on at any premises until all such charges and requirements have been 36-119. Consumers. The consumer, as referred to in this ordinance, shall be the party receiving water or service for a property classified as fol- lows: First, an apartment or a building under one roof, occupied by one business or residence; Second, a combination of buildings, owned by one party, in a common enclosure, used for one residence or busi- ness; Third, the one side of a double house having a solid vertical partition wall; Fourth, a building owned by one party, having a number of offices, or sleeping or living rooms (not including apart- ments designed for occupancy by a separate family) using in common one hall and one or more means of entrance. Where by special written permission of the Superintendent more than one consumer is permitted to obtain water through a single meter, a minimum charge at the uniform rate of 30 cents per thousand gallons even though the consumption exceeds 25,000 gallons per month. (SI4, Ord. 3191, 12-14-25). 36-120. Unlawful Use of Water. It shall be un- lawful for any person to take or use water from the waterworks of the City of Salina without notice to the Department and without payment for the same as provided by the rules and regulations herein contained. No person shall turn on or shut off the water at any valve, curb cock, corporation cock or other places regulating the supply of water to any premises or part of the waterworks system except duly authorized employees of the Depart- ment or persons authorized to do so by the Super- intendent; provided however, that any licensed plumber may turn on or shut off water for the purpose of testing his work but he shall leave the valve or curb cock in the same position in which he found it. (SI5, Ord. 3191, 12-14-25). 36-121. Water for City Departments. All water used by any city department for any purpose what- soever, excepting only that used by the Fire De- partment for extinguishing fires, shall be meas- ured 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 im- practicable to meter the water so used, it shall be estimated by the Superintendent. (SI6, Ord. 3191, 12-14-25). Ch. 30 WATER WORKS. 364 36-122. Hydrant Rentals. To cover the cost of mission from the Superintendent and no such hy- furnishing and maintaining fire hydrants, fire drant shall be or remain connected to any such mains and water for extinguishing fires an annual water main unless the rental due thereon shall be hydrant rental shall be paid to the Water Works I paid within ten days after the same becomes due. Department by the City of Salina in such sum as (!l17, Ord. 3191, 12-14-25). the Board of Commissioners may hereafter deter- mine. For all fire hydrants located in water maim outside of the limits of the City of Salina, the person for whose benefit such fire hydrants arc installed shall pay a fire hydrant rental of $60.00 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 of Salina without notice and without securing per- 36-123. Penalty. Any person, firm 01' corpora- tion who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not less than $25.00 nor more than $100.00 for each offense, and in case of continued violation each day during which such violation con- tinues shall be and constitute a separate offense. (S18, Ord. 3191, 12-14-25). _.._------_...~_._--,._- . ..,... (First published in the Salina Journal 1944) e ORDIKANCE liO. 5045 AN ORDn~NCE providing and establishing the rates to be charged users of ~~ter sold by The water ~orks Department of the City of Salina and providing for certain discounts and increased minimum allo~~nces to users of such water and providing for repealing of Section 12 of Ordinance No. 3191 (Section 36-1166 Revised Ordinances of Salina6 1939). BE IT ORDAINED by the .i:loard of Commissioners of the City of Salina6 nansas: Section 1. RATES. The following are hereby established as the meter rates which consumers of water shall pay for ,~ter furnished them by The Water Works Department of the City of Salina: (1) (2) (3 ) (4) First 3000 cubic feet @ $0.15 per 100 cubic feet or $0.20 per 1000 gallons. Next 6000 cubic feet @ $0.12 per 100 cubic feet or $0.16 per 1000 gallons. Next 6000 cubic feet @O.09 per 100 cubic feet or $0.12 per 1000 gallons. All above 156000 cubic feet @ $0.05 per 100 cubic feet or $0.06.7 per 1000 gallons. ... Users and consumers or water are hereby granted the privilege or purchasing water by contract on a monthly or annual basis at their option6 provided that users of v~ter on an annual basis shall be charged at the uniform rate of $0.15 per 100 cubic feet for use of water over the annual minimum as hereinafter prescr ibed. The following are hereby established as the mln~um charges for regula.r users of water6 using the prescribed size of meter and the maximwa volume of water for each minimLm cYarge on a monthly and annual basis; 1iQ~1 n1L Y M. nimum Al'JNUAL Size of Meter cnR1i~t Cu. Ft. Gallons Charge Cu. Ft. Gallons 5/1" $0.75 500 3750 $ 9.00 6000 456000 3/4" 1.10 733 5500 13.20 8800 666000 1" 1.85 1233 9250 22.20 146800 1106000 lL" 3.35 2233 166800 40.20 261800 2016000 2 2" 4.50 3000 226500 54.00 486000 2701000 . Sect ion 2. DISCOUNTS A1'D INCIlliASED VOLUIvlE FOR lIINTh"UM CHARGES. The City 1~nager and Superintendent of the Water Works Department are hereby authorized and directed to grant all users and consumers of water from such department 33 1/3% more water for the minimum monthly or annual rates6 as in Section 1 of this ordinance prescribed; and such City 1~ager and such Superintendent are hereby authorized to discount all monthly and annual users' liability 25% for water used in excess of the minimum, as in this Section increased. . . -.,. e Section 3. Section 12 of Ordinance No. 3191 (Section 36-116 Revised Ordinances of the City of Sa1ina# Kansas# 1939) be and it is hereby repealed. Section 4. TAKE EFFECT. This Ordinance shall take ei'fect and be in force fro:l;L and after its passage and p'blication in the official city paper. Introduced# January 10# 1944 Passed# January 17# 1944 Ed Jlaorgenstern 1lfayor Attest: Chas. E. Banker City Clerk e . e (Publis~ed in the Salina Journal 1946) ORDINANCE NO. 5204 AN CRDINANCE rJroviding for the inclusion of certain land in the City of Salina in "E" Heavy Industrial District, as defined by Section 7 of Ordinance No. 3188, and providing for the proper uses thereof. BE IT CRDADED by the Board of Commissioners of the City of Salina, Kansas: Sect:Lon 1. That the following land in the City of Salina shall be and the same is hereby included in, added to and made a part of the "E" Heavy Industrial District, as defined by Section 7 of Ordinance No. 3188 and said ordinance as amended, and that said land may be used for the purpose designated in Section 12 of said Ordinance No. 3188 as ~nended, subject however, to such restrictions and regulat:i.ons as hereafter provided for, to-l"Ii t : e All of Lot Six (less twenty-five (25) square feet for an His torical lWar'~er, Surveyor I s Plat Seven (7) and Lots one (1) to eleven (11) inclusive, Block Four (4) Stack Place, all in the City of Salina, Saline County, Kansas. Section 2. That this ordinance be in force from and after its adoption and publication once in the official city paper. Introduced, December 23, 1946 Passed, Dececilber 30, 1946 At test: Lloyd W. Price - . Mayor Chas. E. Banker City Clerk e . /Ycrv . ~y KIlC:;. D,~t,,<r. " 0 *- '\<<t'-l. u" 1'\ - ~ ~3t>~ . . eh. :;7, Art. 1 ZONING.--Ordinante. CHAPTER 37. ZONING Article I.-Zoning Ordinance.-37-101 to 37-131. 2.-Additions to "B" Residence District.-- 37-201 to 37-203. 3.-Additions to "C" Commercial District.- ~7-301 to 37-326. 4.-Additions to "D" Light Industrial Dis- trict.-37-401 to 37-407. 5.-Additions to "E" Heavy Industrial Dis- trict.-37 -501. (N OTE: The following sections in Article 1, Chapter 37, include the original sections of the original Zoning Ordinance No. 3188 which took ef- fect by publication on December 1, 1925. Any sec- tions in Article 1 relating to any amendments or changes in said original ordinance show in paren- thesis at the end of such section the ordinance num- ber and effective date of such amendment or change. Changes in or additions to any of the "Use" zones as defined in original Ordinance No. 3188 are shown in Articles 2, 3, 4 and 5 of this Chapter and are cross referenced at the appropriate place in this article. All amendments to or changes in the Zoning Ordinance as shown in this Chapter were duly adopted by the Board of Commissioners after the same were submitted to and recommenda- tion thereon received from the City Planning Com- mission, and after thirty days' notice by publica- tion of time of hearing on such proposed change or amendment, all as shown by the records in office of City Clerk.) ARTICLE I.-Zoning Ordinance. (Published in The Salina Journal, December 1st, 1925) ORDINANCE NO. 3188. 37-101a. Title and Preamble. An Ordinance divid- ing the City of Salina, Kansas, into Zones or Dis- tricts and regulating and restricting the location of trades and industries, and the location, erection, alteration and repair of buildings designed for spe- cified uses; and the uses of land within each of such Districts or Zones, and establishing regula- tions relating thereto, prescribing a penalty for the violation of its terms and repealing all ordinances inconsistent with the terms. WHEREAS, pursuant to Ordinance Number 3174 heretolol'e adopted by the Board of Commissioners of the City of Salina, Kansas, the City Planning Commission of said City did on October 26th, 1925, submit to said Board of Commissioners a tentative report as required by law, making the recommen- dations of said City Planning Commission as to the boundaries of Districts or Zones to be estab- lished in the City of Salina in which the location of trades and industries and the location, erection, alteration and repair of buildings designed for spe- cified uses, and the use of land within each such District or Zone are to be regulated and restricted, and WHEREAS, after the submission of said tenta- tive report said City Planning Commission did, as required by said Ordinance No. 3174, hold public hearings thereon at the time and place required by said Ordinance, having previously given three days public notice thereof by notice published in the Salina Journal, all as shown by the final re- port of said City Planning Commission submitted to said Board of Commissioners on the 2nd day of November, 1925, including the affidavit of the pub- lisher showing publication of said notice, as at- tached to said final report, now therefore, Be It Ordained by the Board of Commissioners of the City of Salina, Kansas: 37-101. Section 1. Definitions. That for the purpose of this ordinance, certain terms and words are hereby defined as follows: Words used in the present tense include the fu- ture; words in the singular number include the plural; words in the plural include the singular number; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory. Any words not specifically defined here- in shall be construed and defined in the building code. Accessory Building. A subordinate building or portion of main building located in and occupying not more than thirty (30) per cent of the rear yard of the main building, its use being incidental to that of the main building, and not exceeding twelve (12) feet in height. Alley. A public thoroughfare not over twenty (20) feet wide. Apartment. A household unit in a tenement or apartment house, designed, used or suitable for oc- cupancy for ~ne or more persons. Apartment House. A building or portion thereof designed, used or intended to be used as a resi- dence for three (3) or more families living in a separate apartment. Apartment Hotel. An apartment hotel is an apartment house in which are provided dining room, accommodations for the joint use of the apartment house tenants only. Basement. A story partly under-ground, which, if not occupied for living purposes by other than the janitor or his family, shall not be included as a story. Boarding House. A boarding house is a building or place wherein table board is provided to five 365 366 ZONING,-Ordinance, Ch. 37, Art. 1 (5) or more individuals pursuant to previous ar- rangement and not to anyone who may apply. Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels; and when separated by divided walls from the ground up, and without openings, each portion of such build- ing shall be deemed a separate building except as provided in Section 15, "Area Exceptions." Cellar: See basement. Community Garage. A series of private garages of capacity of not more than one automobile each, located jointly on a common lot and having no pub- lic shop 01' service in connection therewith with total capacity for not more than five (5) automo- biles. Community garages may exceed a five (5) automobile capacity provided the lot whereon such community garages are located shall contain one thousand (1000) square feet for each automobile stored. Curb Level. The curb level is the level of the established curb in front of the building measured at the center of such front. Where no curb has been established the city engineer shall establish such curb level or its equivalent for the purpose of these regulations. Depth of Rear Yard. The mean horizontal dis- tance between the rear line of the building and the center line of the alley, where an alley exists, otherwise the rear lot line. Lot. Land occupied or to be occupied by a build- ing and accessory buildings and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. (Lot Corner). Lot Triangular. A lot fronting on two (2) or more streets at their junction, said streets forming with each other an angle of forty-five (45) degrees or more, is a corner lot. When the angle formed by the intersecting streets is less than forty-five (45) degrees, such a lot shall be known as a tri- angular lot. For the purpose of determining the percentage of lot occupancy, corner and triangular lots shall be assumed to have an area of not greater than five thousand (5000) square feet and a front- age not greater than one hundred (100) feet on either of the intersecting streets. Lot, Interior. A lot other than a corner lot or triangular lot. Lot, Through. on two streets. An interior lot having frontage Lot Lines. herein. The lines bounding a lot as defined Non-Conforming occupied by a use regulations of the ated. Use. A building or premises that does not conform with the use District in which it is situ- One-Family Dwelling. A detached building hav- ing accommodations for and occupied by one family. Depth of Lot. The mean horizontal distance be- tween the front and rear lot lines. District. A section of the City of Salina which the regulations governing the area of use of building are the same. Group House. A group of not more than four (4) attached dwellings erected simultaneously and each dwelling having accommodations for one (1) family only. Hotel. A hotel is a building in which lodging is provided with or without meals, and open to tran- sient guests in contradistinction to boarding or lodging houses which are herein specifically de- fined. Lodging House. A lodging house is a building or place providing lodging to individuals pursuant to previous arrangement and not to anyone who may apply. Place. An open unoccupied space dedicated to for purposes of access for abutting property. the Private Garages. A garage with a capacity for not more than four (4) steam or motor-driven ve- hicles, of which not more than one (1) may be a commercial motor vehicle or not more than two (2) tons capacity. Public Garage. Any premises used for housing or care of more than four (4) steam or motor7 driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for re- muneration, hire or sale; not including exhibition or show rooms for model cars. Private Stable. A stable with a capacity for not more than four (4) horses. Public Stable. A stable with a capacity for more than four (4) horses. . . ~Al\ ~~ <!:> rd. ~ 1'\ c-\ZV f b g,S- t I ' L-- . Ch. 37, Art. 1 ZONING.--Ordinance. ;}C7 Rear Yards. An open unoccupied space (exclu- sive of accessory buildings), on the same lot with a building, between the rear line of the building and the rear line of lot, for the full width of the lot. Row House. A row of attached dwellings erected simultaneously and each dwelling having accommo- dations for one (1) family only. Set Back. The minimum horizontal distance be- tween the front line of the building (exclusive steps and open porches) and the front property line. Street. A public thoroughfare more than twenty (20) feet wide. Structural Alterations. Any change in the sup- porting members of a building, such as bearing walls ai' excepting such alterations as may be par- titions, columns, beams or girders, required for the safety of the building. Tenement House. See Apartment House. Terrace. A natural or artificial earthen embank- ment between a building and its street front. The "height of terrace'; shall be the difference in eleva- tion between the average curb level and the aver- age elevation of the terrace at the building wall. Two-Family Dwelling. A building used or in- tended to be used as a dwelling by not more than two families. 37-102. Section 2. Use Districts. That for the purpose of regulating and restricting the location of trades and industries and the location, erection, alteration and repair of buildings erected or altered for specified uses, and the uses of land within such specified districts, the City of Salina is hereby di- vided into "Use Districts," of which there shall be live ([)) known as "A" Residence District. "B" Residence District. "C" Commercial District. "D" Light Industrial District. "E" Heavy Industrial District. The City of Salina is hereby divided into five (5) Districts as aforesaid, and the boundaries of such districts are as set out in the five (5) suc- ceeding Sections of this ordinance. It shall be the duty of the City Planning Commission to cause to be prepared and filed with this ordinance a map Ehowing such Use Districts as herein created, to be designated as the "Use District Map" and to make such changes thereon from time to time as may be required by any amendments to this ordi- nance. Except as herein provided no building shall be erected or altered, nor shall any building or premises be used for any purpose other than is permitted in the Use Districts in which such build- ing or premises is located. 37-103. Section 3. "A" Residence District Bound- aries. "A" Residence District Boundaries shall be all of that part of the City of Salina not included in the "B" Residence District; "C" Commercial Dis- trict; "D" Light Industrial District, and "E" Heavy Industrial District, as defined in the four succeed- ing sections hereof. 37-103a. Changes in "A" Residence District. (For land removed from this district and added to others, see Articles 2, 3, 4 and 5, this Chapter.) 37-104. Section 4. "B" Residence District Bound- aries. The boundaries of "B" Residence District shall be as follows: Commencing at the intersec- tion of Walnut Street with the Smoky Hill River; thence West to the alley which runs north and, south between Third and Fourth Streets; thence South to Mulberry Street; thence West to the alley which runs north and south between Santa Fe and Fifth Street; thence South along said alley to South Street; thence West to Seventh Street; thence North to Walnut Street; thence West to Eighth Street; thence North to Elm Street; thence West to Ninth Street; thence North to the intersection of said Street with the south line of Lot 16 on Ninth Street in Bishop's Addition; thence West along the South line of said Lot and of Lot 57 and 58 on Tenth Street in said Addition and Lot 10 on Eleventh Street in Weaver's Addition to the alley which runs North and South between Eleventh and Twelfth Streets in said Addition; then South along said alley to the south line of Lot 4 on Twelfth Street in said Addition; thence west along the south line of Lot 4 on Twelfth Street to the Southeast corner of said Lot; thence West to the intersection of the West line of Twelfth Street with the center line of the alley which runs east and west along the North line of Weaver's Addition; thence west along said alley to College Avenue; thence south to Park Street; thense east to Eleventh Street; thence south to State Street; thence west to Twelfth Street, (South of State Street); thence south to Iron Avenue; thence west to the center line of Twelfth Street (south of Iron Avenue) (formerly Faulkner Avenue); thence south to Walnut Street; thence east to the alley which runs north and south between Eleventh and Twelfth Streets (South of Walnut Street); thence south to South Street; thence West to the alley which runs north and south be- ZONING.-Ordinance. Ch. 37, Art. 1 368 tween Eleventh and Twelfth Streets (South of South Street); thence south to Morrison Avenue; thence east to the east line of Ninth Street; thence south to the southwest corner of Lot 2 Block 6, Beebe's Addition; thence east along the south line of said lot to the west line of Eighth Street; thence easterly to the northwe::>t corner of Lot 2, Block 5, Beebe's Addition; thence east along the south line of Weil Place to the northwest corner of Lot 1, Block 5, Beebe's Addition; thence south to the south line of Lot 1, Burk's Addition; thence east along the south line of said lot and along the south line of Lot 5 in Block 1 of the Re-Plat of Beebe's Second Addition to a point One Hundred Twenty Five (125) feet east of the East line of Santa Fe A ve- nue; thence south parallel with the east line of Santa Fe Avenue to a point in the east line of Prescott Street, east to the intersection of said line with the easterly line, thence produced, of Lot 7, Plat "C"; thence north along the easterly line or said Lot and of Lots 12, 16, and 15 of Smith and Colval'd's Addition to the Smoky Hill River; thence down the River to the point of beginning. Also commencing at the point of intersection of Front Street (south of Iron Avenue) near its in- tersection with Walnut Street with the Smoky H1ll Rivel'; thence down said River to FI'ont Street (North of Iron Avenue) near its intersection with Ash Street; thence south to place of beginning. Also commencing at the point of intersection of Eighth Street and Decatur Street; thence north along Eighth Street to Harsh Avenue; thence eaBt to Fourth S:reet; thence south to Pacific Avenue; thence east to Front Street; thence south to W ood- land Avenue; thence west to Fifth Street; thence nOIth to Pacific Avenue; thence west to Seventh Street; thence south to Decatur Street; thence north to point of beginn:ng. Also all of Block 11, River- side Park Addition. 37-104a. Changes in "B" Residence District. (For changes in or additions to this district, see Articles 2, 3, 4 and 5, this Chapter.) 37-105. Section 5. "C" Commercial District Boundaries. That the boundaries of the "C" Com- mercial District shall be as follows: Commencing at the intersection of Eighth and Ash Streets; thence east to the alley which runs north and south between Santa Fe and Fifth Streets; thence south along said alley to South Street; thence west to Seventh Street; thence north to Walnut Street; thence west to Eighth Street; thence north to place of beginning. Also commencing at the intersection of Bishop and Ninth Streets; thence south to the south line of Lot 16 on Ninth Street in Bishop's Addition; thence west along the south line of said lot and the south lines of Lots 57 and 58 on Tenth Street in Bishop's Addition and Lot 10 on Eleventh Street in Weaver's Addition to the alley which runs north and south between Eleventh and Twelfth Street, thence south to the south line of Lot 4 on Twelfth Street in Weaver's Addition; then west along the south line of said Lot and along the south line of the alley which runs east and west on the north side of Weaver's Addition to the alley which runs north and south between Thirteenth and Phillips Streets in Weaver's Second Addition; thence north along said alley to Bishop Street; thence easterly along Bishop Street to point of beginning. Also commencing at the intersection of Decatur and Seventh Streets; thence north to Pacific Avenue; thence east to Fifth Street; thence south to Decatur Street; thence west to point of beginning. 37-105a. Changes in and Additions to "C" Com- mercial District. (For changes in and additions to this district, see Articles 2, 3, 4 and 5, this Chapter.) 37-106. Section 6. "D" Light Industrial Dis- hict Boundaries. That the boundaries of "D" Light Industrial District are as follows: Gommencing at :he intersection of Ohio and North Streets; thence south to the Smoky Hill River; thence up said River to Walnut Street; thence west to the alley which runs north and south between Fourth and Third Streets; thence south to Mulberry Street; thence west to alley which runs north and south between Santa Fe Avenue and Fifth Street; thence north to Ash Street; thence west to Eighth Street; thence north to Elm Street; thence west to Ninth Street; thence north to Bishop Street; thence west to the alley which runs north and south between Thir- teenth Street and Phillips Street; thence south to the alley which runs east and west along the north line of Weaver's Addition; thence west to College Avenue; thence south to Park Street; thence west to Dry Creek; thence northwesterly down Dry Creek to the right-of-way of the Union Pacific Railroad; thence northeasterly along said right-of-way to Chicago Avenue, in Chicago Addition; thence north to Dry Creek; thence northerly along said Creek to North Street; thence east to the west line of North Park Addition; thence north to Lincoln Street; thence east to Ninth Street; thence north to Decatur Stl'eet; thence east to Fifth Street; thence south to Lincoln Street (formerly Pacific Street); thence east to Fourth Street; thence south to Pine Street; thence east to the intersection of said street with the southerly line of the right-of- . Ch. 37, Art. 1 ZONIN G.-Ordinance. way of the Missouri Pacific Railroad at a point near the east side of Front Street; thence easterly along the southerly line of said right-of-way to the intersection of said line with the center line of North Street; thence east to point of beginning. Also commencing at the intersection of Fifth Street and Woodland Avenue; thence east to Front Street; thence south to Forest Avenue; thence west to Fifth Street; thence north to point of beginning. 37-106a. Changes in "D" Light Industrial Dis- trict. (For changes in and additions to this Dis- trict, see Articles 2, 3, 4 and 5, this Chapter.) . 37-107. Section 7. "E" Heavy Industrial Dis- trict Boundaries. The boundaries of the "E" Heavy Industrial District are as follows: Commencing at the intersection of Fifth Street and Forest Avenue; thence east to Front Street; thence south to the south line of the right-of-way of the Union Pacific Railroad; thence easterly along said line to Ohio Avenue; thence south to the north line of the right- of-way of the Missouri Pacific Railroad; thence westerly along said line to the intersection of said line with the center line of North Street; thence south to the southerly line of the right-of-way of said railroad; thence westerly to the intersection of said line with the south line of Pine Street at a point near the east line of Front Street; thence west to Fourth Street; thence north to Lincoln Avenue (formerly Pacific Street); thence west to Fifth Street; thence north to point of beginning. Also commencing at the intersection of Chicago Avenue in Chicago Addition, with Dry Creek; thence south to the right-of-way of the Union Paci- fic Railroad; thence westerly along said line to Dry Creek; then down Dry Creek to point of beginning. 37-107a. Additions to "E" Heavy Industrial Dis- trict. (For additions to this district, see Article 5, this Chapter.) 37-108. Section 8. "A" Residence District Uses. ~ ~ '1. That in the "A" Residence District as defined by o _ ~. Section Two hereof, no building or premises shall y'-5Lo be used, and no building shall be hereafter erected (I;l,.. ~ u '\ q $ ~ or altered, unless otherwise provided in this ordi- 3 'b~ 1-\ -1.-- nance, except for one or more of the following f' -- uses: -~ 1. One Family Dwellings. 2. Two Family Dwellings. 3. Churches and Temples. 4. Libraries. 5. Farming and Truck Gardening. 6. Schools and Colleges. 7. Accessory buildings incidental to the above . uses and located on the same lot (not involving the conduct of a retail business) including one (1) pri- vate garage, private stable or community garage when located not less than fifty (50) feet from the front lot line or in a fireproof compartment as a part of the main building, and including also home occupations engaged in by the occupants of a dwelling not involving the conduct of a retail business on the premises, and including the office of a physician, surgeon, dentist, musician or artist when situated in the same dwelling used by such physician, surgeon, dentist, musician or artist as his or her private dwelling. 37-109. Section 9. "B" Residence District Uses. That in the "B" Residence District, as defined in the terms of Section Two of this ordinance, no building or premises shall be used and no building shall be hereafter erected or altered unless other- wise provided in this ordinance, except for one or more of the following uses: 1. Any use permitted in the "A" Residence District. 2. Apartment Houses. 3. Group Houses. 4. Row Houses. 5. Hotels. 6. Private Clubs and Fraternity Houses. 7. Boarding and Lodging Houses. 8. Boathouses. 9. Hospitals. 10. Nurseries and Greenhouses. 11. Institutions of a philanthropic or eleemosy- nary nature. 12. Accessory buildings incidental to the above uses and located on the same lot, not involving the conduct of a retail business. 37-110. Advertising Signs in "A" and "B" Resi- dence Districts. That no advertising sign, billboard, or any name plate, exceeding one square foot in area, except signs not exceeding 8 square feet in area which appertain to the lease, hire or sale of a building or premises upon which such sign is situated; and except signs now in use upon business or commercial buildings in the "A" or "B" Resi- dence Districts which were in existence at the time of the adoption of Ordinance No. 3188, shall be per- mitted in any part of the "A" or "B" Residence Districts as defined in said Ordinance No. 3188, or in said ordinance as now or hereafter amended and any person who shall erect or maintain or permit the erection or maintenance of any such sign, bill- board or any name plate, contrary to the provisions of this ordinance shall be deemed guilty of a mis- 369 370 ZONING.-Ordinance. Ch. 37, Art. 1 demeanor, shall be subject to the same penalty as provided in Section 27 (See 37-127) of said Ordi- nance No. 3188. (~4, Ord. 3576, 7-21-28). 37-110. Section 10. "C" Commercial District Uses. That in the "C" Commercial District, as de- fined by Section Two of this ordinance, all build- ings and premises except as otherwise provided in the ordinance, may be used for any use permitted in the "B" Residence District or for any other use except the following: 1. Bakery (employing more than five (5) per- sons). 2. Blacksmith or horseshoeing shop. 3. Bottling works. 4. Building material storage yards. 5. Carting, express, hauling or storage yard. 6. Contractor's plant or storage yard (except during construction of any building within three hundred (300) feet. 7. Coal, coke or wood yard. 8. Cooperage yards. 9. Dyeing and cleaning works (employing more than five (5) persons). 10. Ice Plant or storage houses of more than five (5) tons capacity. 11. Laundry (employing more than five (5) per- sons). 12. Livery stable. 13. Lumber yard. 14. Machine shop (employing more than five (5) persons) . 15. Milk distributing stations. 16. Stone yard 01' monumental works. 17. Storage warehouses. 18. Storage, wholesale, or petroleum or products thereof. 19. Storage or curing of leather raw hides or skins. 20. All uses excluded from the "D" Light In- dustrial District. 21. Any kind of manufacture or treatment other than the manufacture or treatment of products clearly incidental to the conduct of a retail busi- ness conducted on the premises. 22. A public garage may be established or erected in a commercial district if, when the permit is is- sued, there are on file with the Building Inspector, the written consents of the owners of seventy five per cent (75%) of all the property within a radius of two hundred (200) feet of the proposed estab- lishment, PROVIDED that this provision shall not apply to an automobile show or sales room for model cars wherein less than one-half the floor space is used for the repair 01' storage of automobiles which is incidental to the sales department, PROVIDED, further, that no public garage shall have an en- trance for motor vehicles within two hundred (200) feet of an entrance or exit of a public or private school, playground, public library, church, hospital, children's or old people's home. 37-110a. Monument Business in Part of "C" Com- mercial District; Restrictions. That Ordinance No. 3188 of the City of Salina, be amended by per- mitting the erection on Lot 3 and 4, Block 4, in Evergreen Park Addition to the City of Salina now located in the "C" Commercial District of an office building and studio or work room for the purpose of conducting a monument business therein and on said lots including the business of coloring, carv- ing and selling monuments under such conditions and regulations as the Board of Commissioners of said city may hereafter prescribe and provided that before any building for such purpose is erected, reconstructed or used on such lots, the plans there- for including the set-back and landscaping shall be submitted to and approved by the Board of Com- missioners of said city and that all improvements and construction used on such lots for such pur- pose shall be in accordance with the plans so ap- proved. (~1, Ord. 4641, 5-23-36). 37-111. Section 11. "D" Light Industrial Dis- trict Uses. That in the "D" Light Industrial Dis- tricts as defined and fixed by the terms of Section Two hereof, all buildings and premises except as otherwise provided in this ordinance may be used for any use permitted in the "C" Commercial Dis- trict or for any other use except the following: 1. Abbatoirs. 2. Acetylene gas manufacture. 3. Acid Manufacture. 4. Ammonia, bleaching powder or chlorine man- ufacture. 5. Arsenal. 6. Asphalt manufacture, refining or paving mix- ture plants. 7. Blast furnaces. 8. Boiler works. 9. Brick, tile or terra cotta manufacture. 10. Candle manufacture. 11. Celluloid manufacture. 12. Coke ovens. 13. Crematory. 14. Creosote treatment or manufacture. 15. Disinfectants manufacture. 16. Distillation of bones, coal or wood. 17. Dyestuff manufacture. . . . Ch. 37, Art: 1 ZONING.-Ordinanre. 18. 19. 20. 21. Exterminator and insect poisQn manufacture. i 61. Tobacco (chewing) manufacture or treat- Emery cloth and sand paper manufacture. I ment. Fat rendering. I 62. Vinegar manufacture. F t'l' f' t 63. Wool pulling or scouring. er I Izer manu ac ure. V' h k' d . I 64. Yeast plant. .1' IS smo mg an curmg. Fit 65. And in general those uses which have been orge p an . declared a nuisance in any court of record, or which Gas (Illuminating or heating) manufacture. may be noxious or offensive by reason of the emis- Glue, size or gelatine manufacture. sion of odor, dust, smoke, gas or noise; Provided, Gunpowder manufacture or storage. however nothing herein shall be construed to pro- Fireworks or explosive manufacture or stor- hibit the erection or maintenance of an industrial use permitted by this section which shall have not dead more than twenty-five (25) per cent of the floor area devoted to a prohibited use which is clearly and customarily incidental to the primary use. 22. 23. 24. 25. 26. 27. age. 28. Incineration or reduction of garbage, animals, offal or refuse. 29. Iron, steel, brass or copper mills. 30. Lamp black manufacture. 31. Mills, alfalfa. 32. Oil cloth or linoleum manufacture. 33. Preparation or treatment of oiled, or leather goods in their raw state. 34. Ore reduction. 35. Paint, oil, shellac, turpentine or varnish manufacture. 37-112. Section 12. "E" Heavy Industrial Dis- trict Uses. That in the "E" Heavy Industrial Dis- I trict, as defined and fixed by the terms of Section rubber, Two hereof, buildings and premises may be used for any purpose whatsoever, provided the provisions of the present or hereafter adopted ordinance of the City of Salina, regulating the location or main- tenance of nuisances, are complied with. 36. Paper and pulp manufacture. 37-113. Section 13. Existing Use; Alteration; 37. Petroleum refining. Restoration. That this ordinance shall not apply to 38. Plating works. existing structures nor to the existing use of any 39. Potash works. building, but shall apply to any alteration of a 40. Printing ink manufacture. building to provide for its use for a purpose, or 41. Pyrolin manufacture. in any manner different from the use to which it 42. Round house. was put before alteration, provided that this ordi- 43. Rock crusher. nance shall not be construed to prevent, the restor- 44. Rubber or gutta percha manufacture or ation of a building damaged not more than fifty treatment. (50) per cent of its assessed valuation by fire, ex- 45. Salt works. plosion, act of God, or the public enemy, or pre- 46. Sauerkraut manufacture. vent the continuance of the use of such building, 47. Sausage manufacture. or part thereof, as such use existed at the time of 48. Shoe blacking manufacture. such damage; nor shall the same be construed to 49. Smelters. prevent a change of such existing use under higher 50. Soap manufacture. I classification as herein provided. And no building 51. Soda and compound manufacture. I which has been damaged as above provided to the 52. Stockyards. extent of more than fifty (50) per cent of its as- 53. Stone mill or quarry. sessed valuation shall be re-built or repaired ex- 54. Storage or baling of scrap paper, iron, bottle, I cept in conformit3' with the regulations contained rags or junk. in this ordinance. When the boundary line of any 55. Stove polish manufacture. ! use district divides a lot in single ownership at 56. Sulphuric, nitric or hydrochloric acid manu- r the time of the adoption of this ordinance, nothing facture. herein shall be construed to prevent the extension 57. Tallow, grease or lard manufacture or re- of the use existing on either portion of such parcel fining. of ground for a distance of not greater than twenty- 58. Tanning of leather, rawhides or skins. five (25) feet. The Board of City Commissioners 59. Tar distillation, manufacture or paving mix- may authorize in a residence district, for a period ture plants. of not more than two (2) years from the date of 60. Tar roofing or water proofing manufacture. such permit, a temporary building for commerce 371 Ch. 37, Art. 1 372 ZONIN G ,-Onlinance. or industry incidental to the l'esidential develop- ment, PROVIDED" however, that such pel'mit shall not be renewed. A structure or premises may be erected or used in any location by a public service corporation or for public utility purposes which the Board of City Commissioners deems reasonably necessary for the public convenience and welfare. The Board of City Commissioners may grant a permit for the enlargement of existing building or buildings, or erection on the same lot or plot of ground of additional buildings for a trade, business or industry located in a district restricted against its use, where such enlargement or expansion of such trade, business or industry will not be detri- mental to or tend to alter the character of the neighborhood. 37-114. Section 14. Area Districts. That in or- der to regulate and determine the area of yards and other open spaces surrounding buildings which may hereafter be erected or altered, the City of Salina is hereby divided into districts of which there shall be four (4) known as: "A" Area District. "B" Area District. "C" Area District. "D" Area District. The City of Salina is hereby divided into four (4) districts as aforesaid and the boundaries of such districts are as set forth in the four (4) succeed- ing paragraphs of this ordinance. It shall be the duty of the City Planning Commission to cause to be prepared and filed with this ordinance a map showing such Area Districts as herein created and to make such changes thereon from time to time as may be required by amendments to this ordi- nance, the same to be designated as the "Area Dis- trict Map." No new building shall be erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any man- ner, except in conformity with the regulations here- by established for the district in which such build- ing is located. 32-115. Section 15. "A" Area District Bound- aries. "A" Area District shall comprise all of that portion of the City of Salina, Kansas, not included in the B, C, and D Area Districts hereinafter pro- vided for. 37-116. Section 16. "B" Area District Bound- aries. The boundaries of "B" Area District are as follows: All that portion of the City of Salina lying north of the following line; commencing at the intersection of Woodland Avenue and Front Street; thence west to Fifth Street; thence north to Pacific A venue; thence west to Seventh Street; thence south to Decatur Street; thence north to Ninth Street; thence south to Lincoln Avenue; then west to the west line of North Park Addition being the westerly limits of the City of Salina. Also commencing at the intersection of Park Street and Dry Creek; thence westerly up Dry Creek to State Street; thence west to the northwest corner of Leavenworth Addition; thence south to the south- west corner of Leavenworth Addition; thence east to the right-of-way of the Missouri Pacific Rail- road; thence north along said line to its intersec- tion with the alley which runs east and west be- tween Park Street and Ash Street; thence east along said alley to College Avenue; thence north to Park Street; thence east to Eleventh Street; thence north to State Street; thence west to Twelfth Street (south of State Street); thence south to Iron Avenue; thence west to Twelfth Street (formerly Faulkner Street); thence south to Walnut Street; thence east to the alley which runs north and south between Eleventh and Twelfth Streets (South of Walnut Street); thence south to South Street; thence west to the alley which runs north and south between Eleventh and Twelfth Streets (south of South Street); thence south to Morrison Avenue; thence east to ea'st line of Ninth Street; thence south to southwest corner of Lot 2, Block 6, Beebe's Addition; thence east to the west line of Eighth Street; thence easterly to the northwest corner of Lot 2, Block 5, Beebe's Addition; thence east along south line of Weil Place to northwest corner of Lot 1, Block 5, Beebe's Addition; thence south to South line of Lot 1, Berk's Addition; thence east along the south line of said lot and along the south line of Lot 5, Block 1, Replat of Beebe's Second Addition, to a point one hundred twenty five (125) feet east of the east line of Santa Fe Avenue; thence south to the north line of Prescott A venue; thence east to the southeast corner of Lot 7, Plat "C"; thence north along the southerly lines of said Lot and of Lots 12, 16 and 15 of Smith and Col- vard's Addition to the Smoky Hill River; thence down said River to Walnut Street; thence west to Fourth Street; thence south to Mulberry Street; thence west to Fifth Street; thence south to South Street; thence west to Seventh Street; thence north to Walnut Street; thence west to Eighth Street; thence north to Elm Street; thence west to Ninth Street; thence north to the southeast corner of Lot 15 on Ninth Street in Bishop's Addition; thence west along the south line of said lot and of Lots . . . eh. 37, Art. 1 ZONING .-Ordinancee. 57 and 58 on Tenth Street in said addition and Lot 10 on Eleventh Street in Weaver's Addition to the alley which runs north and south between Eleventh and Twelfth Streets; thence south to the southeast corner of Lot 4 on Twelfth Street in Weaver's Addition; thence west along the south line of said lot and along the south line of the alley which runs east and west along the North side of Weaver's Addition to College Avenue; thence south to Park Street; thence west to the point of begin- ning. Also all that territory west of Front Street between Walnut and Ash Streets; and east of the Smoky Hill River between such points. 37-117. Section 17. "C" and "D" Area District Boundaries. The boundaries of "C" Area District and "D" Area District shall, until this ordinance shall be further amended, be identical and such Area District shall comprise all of the land now within the three Use Districts herein designated as "e" Commercial District, and "D" Light Industrial District and HE" Heavy Industrial District. 37-117a. Additions to "e" Area District. (For additions to this district see 37-202 and 37-313). 37-118. Section 18. "A" Area District. In the "A" Area District, the minimum dimensions of yards and the minimum lot area per family shall be as follows: Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. Side Yard: There shall be a side yard on each side of the lot of not less than six (6) feet in width, PROVIDED, however, that on a lot of record at the time of the adoption of this ordinance, having a width of less than forty (40) feet and help under a distinct ownership from adjacent lots, the width of each side yard shall not be less than three (3) feet. Setback: Where eighty (80) per cent of all the buildings fronting on one side of a street between two intersecting streets have observed a minimum setback line from the street line, no building here- after erected or altered shall project beyond the setback line so established, PROVIDED, however, no building shall be required to set back a distance greater than forty (40) feet from the street line in complying with this regulation, and PROVIDED, further that this regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersecting street of record at the time of the adoption of this ordinance, to less than thirty (30) feet. Where there are no buildings on one side of a street between two intersecting streets, there shall be a minimum setback of at least twenty (20) feet. Lot Area per Family. In the "A" Area District no dwelling shall be hereafter erected or altered to accommodate or make provision for more than one family on each three thousand five hundred (3,500) square feet of lot area, PROVIDED, however, this regulation shall not prohibit the erection of a build- ing on a lot of record at the time of the adoption of this ordinance, held under a distinct ownership from adjacent lots. 37-119. Section 19. "B" Area District. In the "B"Area District, the minimum dimensions of yards and the minimum lot area per family shall oe as follows: Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. Side Yard: There shall be a side yard on each side of the lot of not less than five (5) feet. Setback: Where eighty (80) per cent of all the buildings fronting on one side of a street between two intersecting streets have observed a minimum setback line from the street line, no building here- after erected or altered shall project beyond the setback line so established, PROVIDED, however, no building shall be required to set back a distance greater than forty (40) feet from the street line in complying with this regulation, and PROVIDED, further, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersecting street, of record at the time of the adoption of this ordinance, to less than thirty (30) feet. Lot Area per Family: Every building hereafter erected or altered shall provide a lot area of not less than one thousand one hundred and sixty (1160) square feet per family. 37-1l9a. Special Setback in Part of "B" Resi- dence District. That in that part of the "B" Resi- dence District which is located within the block hounded by Santa Fe Avenue, Fifth Street, South Street and Prescott Avenue, a setback line of thirty (30) feet from the property line on Santa Fe Ave- nue and twenty (20) feet from the property line on Fifth Street be and the same is hereby estab- lished. (S2, Ord. 4247, 4-9-33). 37-119b. Apartment Lot Area in "B" Residence District. That in apartment buildings erected in the "B" Residence District a lot area per family be and the same is hereby fixed at 1000 sq. ft. per family for each floor of any such building, and that in 373 374 ZONING.-Ordinance. Ch. 37, Art. 1 apartment buildings of the CQurt type the rear yard area requirements provided for in Ordinance No. 3188 shall not apply. (~3, Ord. 4247, 4-9-33). 37-120. Section 20. "C" Area District. In the "C" Area District the minimum lot area per family in buildings used for dwelling purposes shall be as follows: Rear Yard: There shall be a rear yard of not less than ten (10) feet on corner lots and not less than fifteen (15) feet on interior lots. Side Yard: Buildings used for residential pur- poses shall have a side yard on each side of the lot of not less than five (5) feet. In commercial or industrial district, a side yard, if provided, shall be not less than five (5) feet. Setback: In a residential use district where eighty (80) per cent of all the buildings fronting on one side of the street between two intersecting streets have observed a minimum setback line from the street line, no building hereafter erected or altered shall project beyond the setback line so established, PROVIDED, however, no building shall be required to set back a distance greater than forty (40) feet from the street line in complying with this regula- tion, and PROVIDED, further, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersecting street, of record at the time of the adoption of this ordi- nance, to less than thirty (30) feet. Where there are no buildings on one side of a street between two intersecting streets there shall be a minimum setback of at least twenty (20) feet. Lot Area per Family: In the "C" Area District every building hereafter erected or altered ,shall provide a lot area of not less than five hundred and eighty (580) square feet per family. 37-121. Section 21. "D" Area District. In the "D" Area District buildings may occupy the entire area of lots when used entirely for commercial or industrial purposes. All buildings or parts of build- ings used for residential purposes shall comply with the area regulations of the "C" Area District. 37-122. Section 22. Area District Exceptions. That the foregoing requirements in the area dis- tricts shall be subject to the following exceptions and regulations: First: For the purpose of the area regulations, a semi-detached dwelling, group house, or row house in the "B" Residence District may be con- sidered as one building and occupying one lot. Second: 1<'01' purposes of the area regulations a commercial building in the "A" and "B" Area District, the Board of Commissioners may waive the requirements for side yards and rear yards, but if a side yard is provided it shall have a mini- mum width as required, PROVIDED, however, that where one hundred (100) per cent of the front feet in any block is zoned, (Commercial "C" Use), the setback requirements may be waived by the Board of City Commissioners for commercial buildings. Third: In computing the depth of a rear yard or the width of a side yard for any building where such yal'd opens into an alley 01' street, one-half (lh) of such alley or street may be assumed to be a portion of the yard. Fourth: Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sky-line above the bottom of such yard, and except for the pro- jection of sills, bolt courses, cornices and ornamen- tal features. Fifth: Open or lattice enclosed fire escapes, fire- proof outside stairways and balconies opening into fire towers, projecting into a yard not more than five (5) feet, and the ordinary projections of chim- neys and flues, may be permitted by the Building Inspector where same are so placed as not to ob- struct the light and ventilation. 37-123. Section 23. Certificate of Occupancy and Compliance. The existing character of the use and occupancy of premises shall not be changed nor shall any building, the use of which is proposed to be altered or changed be hereafter erected or al- tered, until a certificate shall have been issued by the Building Inspector, stating that the proposed use of such building or premises complies with all of the building and health ordinances of the City of Salina and with the provisions of this ordinance. Certificates of occupancy and compliance shall be applied for co-incident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such build- ings shall have been completed, in conformity with the provisions and of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be fur- nished, on request, to any person having a pro- prietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for co-incident with the application for a building permit; for all other certificates or for copies of any original certificates there shall be a charge of one (1) dollar for each copy thereof. No . . . Ch. 37, Art. 1 ZONING.-Ordinance. permit for excavation for or the erection of any building shall be issued before the application has been made for a certificate of occupancy and com- pliance. No building or premises may be occupied until such certificate shall have been issued. 37-124. Section 24. Plats. All applications for building permits shall be accompanied by a plat in duplicate drawn to scale, showing the actual di- mensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record or such ap- plications and plats shall be kept in the office of the Building Inspector. At the time application is made for the building permit, the lot corners of the lot to be built upon must be established on the gl'ound to the satisfaction of the Building Inspector. No yard or other open space provided about any building for the purpose of complying with the pro- V1SIOns of these regulations shall again be used as a yard or other open spaces for another building. 37-125. Section 25. Interpretation and Purposes. In the interpreting and applying the provisions of this ordinance, they shall be held to be the mini- mum requirements for the promotion of the public safety, hea1th, convenience, comfort, prosperity, general welfare, and the preservation of personal and property rights. It is not intended by this ordi- nance to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this ordinance or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises, nor is it intended by this ordinance to interfere with or abrogate or an- nul any easements, covenants, or other agreements between parties, provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or requires larger open spaces than one imposed or :r,equired by such ordi- nance, rules, regulations or permits, or by ease- ments, covenants, or agreements, the provisions of this ordinance shall control. The area and use of all buildings now under construction and which were actually under construction in pursuance to a lawful building permit, prior to the date of the first reading of this ordinance, or under a build- ing permit issued by the Building Inspector pre- vious to the date of adoption of this ordinance, shall be unaffected by the provisions of this ordinance, provided however, (one) that any building may be altered to the extent of not more than fifty per cent of its structural value and (two) that any such building destroyed by fire or other calamity, or for any reason whatsoever reconstructed or re-erected, shall conform to the area and use restrictions for the district in which such building is located, as shown on the maps accompanying and made a part of this ordinance, or those maps duly amended, wherever in this ordinance any street, avenue, alley, river, creek, or railroad right-of-way is referred to as a boundary of any district, the center line thereof is meant unless otherwise described, ex- cept where either side line thereof is necessary to make proper connection with any point or line referred to in the description of such boundary, in which case line necessary for a complete de- scription is deemed to be referred to; and where any boundary is completed by the use of lot or block lines, the description thereof shall be deemed to include any extension of any such line, across any street, alle~T, right-of-way, river or creek, or part thereof, as may be necessary to make a com- plete and unbroken boundary. 37-126. Section 26. Additions to City Limits. Whenever any territory is added to the city limits of the City of Salina, such added territory shall be deemed to be within the district which it ad- joined prior to such inclusion, unless it adjoins two or more of such districts, in which case the City Planning Commission shall make their recommenda- tion to the governing body of the City as to the district or districts to which it is to be attached, and the governing body in any ordinance provid- ing for its addition to the City shall designate the districts in which it is to be included. 37-127. Section 27. Violation; Penalty. Any person, firm or corporation who shall violate, neglect or refuse to comply with or who shall main~ tain, use or construct any building or premises in violation of any of the provisions of this ordinance shall, upon due conviction, be fined in any sum not exceeding Five Hundred ($500) Dollars for each offense and each day that a violation is permitted, caused or continued to exist shall constitute a sep- arate offense, and in addition to the above penalty such actions at law or suits in equity may be main- tained by the City of Salina or any interested per- sons, as may be authorized by law. 37-128. Section 28. Validity. Should any sec- tions, clause, or provisions of this ordinance be de- clared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 375 376 ZONING.-Ordinance. Ch. 37, Art. 1 37-129. Section 29. Changes and Amendments. The Board of Commissioners may, from time to time, amend, supplement, or change the boundaries or regulations contained, prescribed, and set forth in this ordinance; provided such proposed change first be submitted to the City Planning Commis- sion for its recommendation and report, and PRO- VIDED further, that not less than thirty (30) days notice of such proposed change shall first be pub- lished in the official paper of the City of Salina, and a hearing be granted to any person interested, at a time or place specified in said notice. If, how- ever, a protest against such amendment, supple- ment, or change be presented, duly signed and acknowledged by the owners of twenty (20) per cent or more of any frontage proposed to be al- tered, Or by the owners of twenty (20) per cent of the frontage immediately in the rear thereof, or by the owners of twenty (20) per cent of the frontage directly opposite a frontage proposed to be altered, such amendment shall not be passed ex- cept by at least four-fifths (4-6ths) of the Board of Commissioners. 37-130. Section 30. Conflicting Provisions Re- pealed. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. 37-131. Section 31. When Effective. This ordi- nance shall be effective from and after its passage and due publication once in the official City paper, according to law. Introduced for first reading, November 2nd, 1925. Passed and approved, November 23rd, 1925. (SEAL) Attest: J. S. Hargett, Mayor. Chas. E. Banker, City Clerk. . N~ 'yo! f1 'f f(Lj, PI' j, o I" Hi l( l1 ~4 Y') 1 S- -1-, - c_ Ch. 37, Art. 2 ZONING.-Addition to "B" Residence. 377 ARTICLE 2.-Additions to "B" Residence District. I regulations for said Area District as provided in Section 20 (37-120) of said Ordinance No. 3188. (~3, Ord. 3242, 5-22-26). 37 -203. That the following described land now situated in "A" Residence District as defined in Section 3 of Ordinance No. 3188 be and the same is hereby included in, made a part hereof, and included in "B" Residence District as defined in Section 4 (37-104) of said Ordinance No. 3188 and that the same may be used for the purposes desig- 37-202. That said territory to-wit: Lots 9, 10 nated in Section 9 (37-109) of said Ordinance No. and 11,Block I, in Fruitland Addition be and the 3188, to-wit: Lots 28 and 30 in Block 6 in River- same is hereby added to the "G" Area District as side Park Addition; Lots 1, 2, 3, and 4 on University defined in Section 18 (37-118) of said Ordinance I Place, and Lot 2 on Walnut Street in University No. 3188 and that the same shall be subject to the Addition. (~3, Ord. 3576, 7-21-28). 37-201. That the following described territory in the City of Salina, to-wit: Lots 9, 10, and 11, Block 1 in Fruitland Addition. be and the same are hereby added to the "B" Residence District as de- fined in Section 4 (37-104) of said ordinance No. 3188 and that the same may be used for the pur- pose designated in Section 9 (37-109) of said ordi- nance. (~2, Ord. 3242, 5-22-26). . . 378 ZONING.-Adclition.> to "C" Commercial. Ch. 37, Art. 3 ARTICLE 3.-Additions to "C" Commercial District. 37-301. That the following described territory in the City of Salina, Kansas, to-wit: Lots 31 to 42 inclusive, and Lots 43, 45, 47, 49, 51, 53, 55, 57 and 59 on Santa Fe A venue in the grounds of the Kan- sas Wesleyan University, an addition in said city, be added to and made a part of the "C" Commercial District as defined in Section 5 (37-105) of Ordi- nance No. 3188 of said city and that the same may be used for the purposes designated in Section 10 (37-110) of said ordinance. (Sl, Ord. 3223, 2-23-26). 37-302. That the following described territory in the City of Salina, Kansas, to-wit: Lots 110, 111, 112 and 113 on Iron Avenue, according to the plat of the original town of Salina; the south 50 feet of Lot 5, Block 12, South Park Addition' Lots 1 2 and 3, Block 5, Southern Heights Addition; Lot~ 99, 101, 103, 105, 107, 109, 111, and 113 on Fourth Street, and Lots 94, 96, 98, 100, 102, 104, 106, 108, 110, 112, 114, 116, 118, 120, on Third Street, accord- ing to the plat of the original town of Salina; Lots 2 and 4 in Block 2 and Lots 1 and 3 in Block 3 Episcopal Military Institute Addition, be and each of said tracts and parcels of land are hereby added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance No. 3188 and that such lands may be used for the purpose desig- nated in Section 10 of said ordinance. (Sl, Ord. 3242, 5-22-26). 37-303. That the following described land in the City of Salina, now situated within the "B" Resi- dence District as defined by Section 4 of Ordinance No. 3188, and said Ordinance as amended, shall be and the same is hereby included, added to and made a part of the "C" Commercial District as defined in Section 5 of said Ordinance No. 3188, and that such territory may be used for the purposes desig- nated in Section 10 of said Ordinance No. 3188, to-witt: All of Blocks 2 and 3 in Episcopal Military Institute Addition; the south 60 feet of Lots 16, 18, 20 and 22 on Elm Street, and the north 60 feet of Lots 11, 12, 13 and 14 on Park Street, in Weaver's Addition, and Lot 1 on Walnut Street in University Addition, and Lot 2 and the east 50 feet of Lots 1 and 3 in Block 4, Leavenworth Addition. (Sl, Ord. 3576, 7-21-28). 37-304. That the following described land in the City of Salina, now situated in the "A" Residence District as defined by Section 3 of Ordinance No. 3188, be included within, and added to and made a part of the "C" Commercial District as defined in Section 5 of said Ordinance No. 3188, subject to the conditions and provisions hereinafter set forth, to-wit: The south 48 feet of Lot 3 and all of Lots 4, 5, 6, and 8 in Block 1 in Pleasant View Addition; Lots 1 and 2 in Block 1 in Evergreen Park Addition; and Lots 68, 70, 72, 74 and 76 on Ninth Street in the Grounds of the Kansas Wesleyan University; provided however, that any commercial building constructed in the territory last described shall be of a residential type with the same setback as required or residential buildings in the residence district adjoining such Commercial District as here- by created, and that the use of any commercial buildings to be constructed within such district, and all architectural and landscape plans for any such commercial building and any advertising signs to be used in connection therewith shall be submitted to and approved by the City Planning Commission and by the Board of Commissioners of the City of Salina before any building permit for any build- ing to be erected therein shall be issued by the Building Inspector of the City of Salina; and pro- vided further that if any part of this section of this ordinance shall be held invalid, that the whole section shall be deemed invalid and of no effect it being the intention of the Board of Commission- ers to adopt the same only with the conditions and restrictions herein contained. (S2, Ord. 3576, 7- 21-28). 37-305. That the following described land within the City of Salina shall be and the same is hereby included, added to and made a part of the "C" Com- mercial District as defined in Section 5 of Ordi- nance No. 3188 and said ordinance as amended, and that said land may be used for the purposes desig- nated in Section 10 of said Ordinance No. 3188, sub- ject to the restrictions and regulations hereinafter provided for, to-wit: Lots 18, 20, 27, 29 and 31 in Block 22 in Episcopal Military Institute Addition; also Lots 1 to 10 inclusive, in each of Blocks 1, 4. 5 and 8 in Woodland Addition, and Lots 1 to 10 in- clusive, of Block 8, Pacific Addition, and in Blocks 3, 4 and 5 in Episcopal Military Addition, and Lots 11, 13 and 15 in Block 3 and Lots 1, 3, 5, 7 and 9 in Block 6, in Episcopal Military Addition, and Lots 1, 2 and 3 in Block 1, Golden Belt Addition, and be- ginning at a point on the north line of Pacific Street 120 feet east of the east line of Third Street; thence north 200 feet; thence east 255 feet; thence south 200 feet; thence west 255 feet to point of begin- ning. (Sl, Ord. 3632, 1-3-29). 37 -306. Restrictions and Regulations, Preceding Sections. That any commercial building constructed . . . Ch.37, Art. 3 ZONING.---AJditions Lo He" Commercial. 379 on any of the land described in the preceding sec- tions of this ordinance (see 37-305 and 37-401) shall be of residential type with the same set back as required for residential buildings in the Residential Districts adjoining such commercial or light indus- trial districts created by preceding sections of this ordinance and that the use of any commercial build- ings to be constructed in such districts and all architectural and landscape plans for any such com- mercial buildings, and any advertising signs to be used in connection therewith shall be submitted to and approved by the City Planning Commission and the Board of Commissioners of the City of Salina before any permit for any building to be erected thereon shall be issued, and provided further that if any section or part of this ordinance shall be held invalid for any reason, then this whole ordi- nance shall be deemed invalid and of no effect, it being the intention of the Board of Commissioners to adopt said ordinance as a whole and only with the restrictions and conditions herein contained. (~3, Ord. 3632, 1-3-29). 37-307. That the following land within the City of Salina shall be and the same is hereby included, added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance No. 3188 and said ordinance as amended, and that said land may be used for the purpose designated in Section 10 of said Ordinance No. 3188, subject to the restrictions and regulations hereinafter pro- vided for, to-wit: All that part of Blocks 3, 4, 5, 6 in the Episcopal Military Institute Addition and Block 1, Golden Belt Subdivision, and the unplatted ground lying between Block 1, Golden Belt Subdivi- sion and Block 6 Episcopal Military Institute Addi- tion, not already in said "C" Commercial District; Lots 117, 119, 121 and 122 on Third Street, Original Town; Lot 1, Block 1, Bond's Addition; Lot 21 on Ninth Street in Prescott Addition; the south % Lot 10, Block 17, South Park Addition. (~1, Ord. 3829, 1-29-30) . 37-308. Restrictions and Regulations, Preceding Section. That any commercial building constructed on any of the land described in the preceding sec- tion of this ordinance shall be of residential type, and all architectural and landscape, plans for any such commercial building and any advertising signs to be used in connection therewith shall be sub- mitted to and approved by the City Planning Com- mission of the City of Salina before any building permit for any building to be erected thereon shall be is,sued, and any such commercial building shall have the same setback from any abutting street as is required for a residential building in any residential district adjoining such commercial district created by the preceding section of this ordinance, unless the Board of Commissioners shall by ordinance permit a less or different setback, and any building erected on or any use made of any of such land contrary to the foregoing provisions shall be deemed to constitute a violation of said Ordinance No. 3188 by any per- son responsible for or causing such violation; pro- vided that if any section or part of this ordinance shall be held invalid for any reason, then this en- tire ordinance shall be deemed invalid and of no effect, it being the intention of the Board of Com- missioners to adopt this ordinance as a whole and only with the restrictions and conditions herein contained. (S2, Ord. 3829, 1-29-30). 37-309. That the following described land, with- in the City of Salina, to-wit: Lot 1 on Santa :Fe A venue in Holland's Addition, be and the same is hereby included within, added to and made a part of the "C" Commercial District, as defined by said Ordinance No. 3188, and said ordinance as amended, and that said land may be used for the purposes permitted in such district by said ordinance, sub- ject to the following restrictions, to-wit: That the plans of any commercial building erected on such land shall be submitted to and approved by the City Planning Commission, and by the Board of Commissioners, before any building permit therefor is issued, and any such building shall be erected in conformity with such plans. (SI, Ord. 3863, 4- 5-30) . 37-310. That the following described land with- in the City of Salina shall be and the same is hereby included in, added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance No. 3188, and said ordinance as amended, and that such land may be used for the purposes designated in Section 10 of said Ordinance No. 3188, to-wit: The West One Half (Yz) of Blocks Ten (10), Fifteen (15), and Twenty-Two (22) and the east One Half of Blocks Eleven (11), Fourteen (14) and Twenty-Three (23) in Episcopal Military Institute Addition. (SI, Ord. 3915, 7-3-30). 37-311. That the following described land with- in the City of Salina shall be and the same is in- cluded in, added to and made a part of the "C" Com- mercial District as defined in Section 5 of Ordi- nance No. 3188, and said Ordinance as amended, and that such lands may be used for the purposes designated in Section 10 of said Ordinance No. 3188, to-wit: 380 ZONING.-Additions to "C" Commercial. Ch. 37, Art. 3 Lots 1 and 3, Block 4, Leavenworth Addition. Lots 1, 2, 3 and 4, Block 3, Leavenworth Addition. Lots 1 and 2, Block 2, Leavenworth Addition. Lots 1 and 2, Block 1, Leavenworth Addition. subject to the following restrictions, to-wit: That any building erected on any of such land shall be of a residential type, shall be approved by the Board of Commissioners before a permit for the erection of the same is issued, with the same set back as would be required of a residential building in such territory under the present zoning restrictions and regulations relating thereto, all said territory being now in the "A" Residential District unless a dif- ferent or less set back is specifically permitted by the Board of Commissioners. (~1, Ord. 4102, 9- 26-31). 37-312. That Lots 44, 46 and 48 on Santa Fe Avenue in the Grounds of Kansas Wesleyan Uni- versity and Lot 24 on Cedar Street in Phillips Third Addition be and they are hereby added to and made a part of the "C" Commercial District and removed from the "A" Residence District as defined and pro- vided for in Ordinance No. 3188. (~1, Ord. 4247, 4-7-33). 37-312. Land in "C" Area District. . That all ter- ritory by this ordinance or heretofore removed from the "A" or "B" Residence District and placed in the "C" Commercial District shall be considered to be and the same is hereby placed in the "C" Area Dis- trict as defined by Ordinance No. 3188. (~4, Ord. 4247, 4-7-33). 37-314. That the Ordinance No. 3188 of the City of Salina, Kansas, be amended and changed in the following respects, to-wit: By removing from the "A" Residence Use Dis- trict as defined and governed by Section 3 and 8 of said ordinance and placing within the "C" COm- mercial Use District as defined in said ordinance and subject to the regulations provided for in Sec- tion 10 thereof the following described tracts and parcels of land, to-wit: Lot 15, Block 2 in Fruitland Addition; Lot 7, Block 5 in Phillips East Salina Addition; Lots 2, 3, 4, 5, 6, 7, 8, 12 and 13 and the west 150 feet of Lot 1 in Surveyors Plat No.8; Lots 2, 3, 4, 5, 6, 7, 8 and 9 in Block 2 in Hansen Court, an addition to the City of Salina; Provided, however, that the use and occupancy of such tracts and parcel of land as placed in the "C" Commercial Use District shall be subject to the further additional restrictions, to-wit: That in the construction, reconstruction or remodeling of any buildini' within such territory a minimum set-back of twenty feet from the street line shall be observed on all that part of the above described territory lying east of Delaware Street, and on that part lying west of Delaware Street, the same set-back shall be observed in any case as now required for residence properties in the remaining portions of the blocks in which such territory is located, and as would be required in such territory if the same were left in the residence zone; and provided fur- ther that any building or structure of any kind constructed, reconstructed or remodeled within any such territory shall be of what is commonly known as a residence type of architecture, and no permit shall be issued by the Building Inspector of the City of Salina for the construction, reconstruction or remodeling of any building within such territory and no building shall be constructed, reconstructed or remodeled within such territory unless and until plans therefor are submitted to the Board of Com- missioners of the City of Salina and approved by such Board. (~1, Ord. 4357, 1-24-34). 37-315. . That Ordinance No. 3188 of the City of Salina, Kansas, be amended and changed in the fol- lowing respects, to-wit: By removing from the "A" Residence Use Dis- trict as defined and governed by Section 3 and 8 of said ordinance and placing within the "C" Com- mercial Use District as defined in said ordinance and subject to the regulations provided for in Sec- tion 10 thereof the following described tracts and parcels of land, to-wit: Lots 1, 2, 3, 4, on Ninth Street in Block I, and Lots 1, 2, 3, 4, on Ninth Street in Block 2 in Ever- green Park Addition; . \ Lots 74, 76, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96 and \ 98 on Ninth Street in the Grounds of the Kansas : Wesleyan University; Provided, however, that no buildings shall be erected within such territory for use as tourist cabins or what is known as tourist camps or cabin camps and the lots within such territory or any buildings thereon shall at no time be used for any such purpose; and subject to the further additional restrictions, to-wit: That in the construction, re- construction or remodeling of any building within such territory, minimum setbacks shall be observed as follows: 28 feet from the street line on each side of Ninth Street and 20 feet from the respec- tive street lines on Claflin Avenue, Cloud Street and Woodlawn Avenue, and provided further that any building or structure of any kind constructed, . Ch. 3'7, Art. 3 ZONING.-AdditioT1s to "C;" Commercial. reconstructed or remodeled within any such terri- tory shall be of what is commonly known as resi- dence type of architecture and no permit shall be issued by the Building Inspector of the City of Salina for the construction, reconstruction or re- modeling of any building within such territory and no building shall be constructed, reconstructed or remodeled within such territory, unless and until plans therefor are submitted to the Board of Com- missioners of the City of Salina and approved by such Board. (~2, Ord. 4357, 1-24-34). . 37-316. Relating to Preceding Two Sections. If any clause, provision or part of any section of this ordinance (see 37-314 and 37-315) or any restric- tion contained in any such section shall be deter- mined by the final judgment of any court of com- petent jurisdiction to be invalid or ineffective for any reason, then in such event, the whole of any such section shall be deemed to be wholly invalid and ineffective, it being the intention of the Board of Commissioners to pass each section of this ordi- nance as a whole, and in any such event the terr-i tory described in any such section shall be con- sidered to be within the Use Zone in which it was located prior to the taking effect of such amending ordinance. (~3, Ord. 4357, 1-24-34). 37 -317. That the following described tracts of land in the City of Salina now situated within the "B" Residence District as defined by Ordinance No. 3188 and said ordinance as amended, shall be and the same are hereby removed from the "B" Resi- dence District and included in, added to, and made parts of the "C" Commercial District as defined in said Ordinance No. 3188, to-wit: Lot 7 in Surveyors Plat C in City of Salina, Sa- line County, Kansas; Lots 1 and 2 on Elm Street in Bishop's Addition to the City of Salina, Saline County, Kansas; Lots 5 and 7 in Block 5, Pacific Addition, City of Salina, Saline County, Kansas; Provided, however, that no building or structure of any kind shall be erected on any of the property hereinabove described until the plans for such build- ing or structure and the location thereof on said property and the setback from the same from the street or streets upon which any of such lots abutt or front shall be first submitted to and approved by the Board of Commissioners of the City of Salina and providing further, that if the limita- tions and conditions hereby imposed shall be con- tested and in any manner held to be invalid then in any such event this entire ordinance shall as to . any such lots or premises be held to be invalid, and such lots or premises shall be considered to be in the same zone or district in which it was located prior to the passage of this ordinance, it being the intention of the Board of Commissioners to make the change herein provided for only subject to the provisions and conditions herein set forth. (sl, Ord. 4606, 1-18-36). 37-318. That the following described territory in the City of Salina, Kansas, to-wit: Lot 3 on Walnut Street in School Park according to the plat of orig- inal town of Salina (being Lot 3 on Walnut Street between Seventh and Eighth Street) be and the same is hereby removed from the "B" Residence District and added to and made a part of the "C" Commercial District as provided for in Ordinance No. 3188, provided however, that any building or structure erected upon or moved onto any of said lots or any use made of said lots shall be first sub- mitted to the Board of Commissioners of said city and the plans for any such building and the pro- posed use of such premises shall be approved by the Board of Commissioners of said city before any building permit shall be issued for any such build- ing and before any use shall be made of any such property which would not have been permissible except for this ordinance. (~2, Ord. 4671, 9-4-36). 37 -319. Restrictions and Regulations, Preceding Sections. If any provisions or restrictions contained in either of the preceding sections of this ordinance (~ee 37-318 and 37-405) shall be held invalid for any reason then the whole of such section in which the same is contained shall be deemed to be invalid and of no effect, it being the intention of the Board of Commissioners to adopt each of the foregoing sections of this ordinance as a whole and that no part of either section shall be effective unless the whole of such section is effective. (~3, Ord. 4671, 9-4-36) . 37-320. That the following described lands with- in the City of Salina shall be and the same are hereby included in, added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance 3188 and said ordinance as amended and that said lands may be used for the purposes desig- nated in Section 10 of said Ordinance Ko. 3188, sub- ject to the restrictions and regulations hereinafter provided for, to-wit: Lots 1, 3, 6, 8, 9, 11, 13, 15, 17 and 19, in Block 4, Pacific Addition; Lots 6, 8, 10, 11, 12, 13, 15, 18 and 20 in Block 3, Pacific Addition; J81 Ch. 37, Art. 3 ZONING.-Additions to "e" Commercial. 382 Lots 1, 2, 3, 4, 5, 6, in Block 11, Pacific Addition; Lots 16, 17, 18, 19 and 20, in Block 2, Pacific Ad- dition. Lots 1, 3, 5, 6, 8, 9, 10, 11, 13 and 15, in Block 10, Pacific Addition; Lots 6, 8, 10, 11, 12, 13, 15, 18, 20, 21, 22, 23, 24, 25 and 26, in Block 9, Pacific Addition; Lots 1, 3, 5, 7, 9, 11,13,15, 17, 19 and 21 in Block 3, North Park Addition; Lots 2, 4, 6, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 26, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 41, 43 and 45 in Block 2, North Park Addition; Lots 32, 34, 36, 38, 40, 42, 43 and 45 in Block 1, North Park Addiition; East 110 feet, Block 9, Leavenworth Addition and Park No.3 in Leavenworth Addition; except all that part of described lots and tracts of ground which heretofore have been taken and con- demned for street and highway purposes. (~1, Ord. 4750, 5-27-37). 37 -321. Restrictions and Regulations, Preceding Section. That any commercial building constructed on any of the land described in the preceding sec- tion of this ordinance (37-320) may be used for any of the purposes designated in Section 10, of Ordinance No. 3188, provided, however, that before any building permit shall be issued, for the con- struction, erection, or reconstruction of any build- ing on any of said land and before any building or other structure is moved on to said land, the plans for such building and the purpose for which it is to be used, with the proposed set-back from street lines of any such building or any other im- provements on said land, shall be submitted to the Board of Commissioners of said city and shall be approved by such Board and it shall be unlawful to use any of such land for any purpose other than residence purposes without such approval by the Board of Commissioners. (~2, Ord. 4750, 5-27-37). 37-322. That the following described lands with- in the City of Salina shall be and the same are hereby included in, added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance 3188 and said ordinance as amended and that said lands may be used for the purposes designated in Section 10 of said Ordinance No. 3188, subject to the restrictions and regulations herein- after provided for, to-wit: Lots 5, 7, 9, 11, 13, 15, 16, 17, 18, 19 and 20 in Block 63, and Lot 15 in Block 46 in Military Addition to the City of Salina. ~"._----_._-_._._.~.-.,.,~--_._- East One-half Lots 84, SU, 88, 90, 92, 94 on Eighth Street, and all of Lots 80 and 81 on Ash Street, in the original town of Salina. (~1, Ord. 4763, 7- 17-37). 37-323. Restrictions and Regulations, Preceding Section. That any commercial building constructed on any of the land described in the preceding sec- tion of this ordinance (37-322) may be used for any of the purposes designated in Section 10, of Ordinance No. 3188, provided however, that before any building permit shall be issued, for the con- struction, erection, or reconstruction of any build- ing on any of said land and before any building 01' other structure is moved on to said land, the plans for such building and the purpose for which it is to be used, with the proposed set-back from street lines of any such building or any other im- provements on said land, shall be submitted to the Board of Commissioners of said city and shall be approved by such Board and it shall be unlawful to use any of such land for any purpose other than residence purposes without such approval by the Board of Commissioners, providing however, that if any restrictions or conditions provided for in this section shall be held to be invalid as to any lot or piece of ground described in Section 1 of this ordinance, then this entire ordinance shall be held to be invalid and ineffective as to such lot or piece of ground, it being the intention of the Board of Commissioners to enact this ordinance as a whole as to each lot or piece of ground described in Sec- tion 1 hereof. (~2, Ord. 4763, 7-17-37). 37-324. That the following described lands with- in the City of Salina shall be and the same are hereby included in, added to and made a part of the "C" Commercial District as defined in Section 5 of Ordinance No. 3188 and said ordinance as amended and that said lands may be used for the purposes designated in Section 10 of said Ordinance No. 3188, subject to the restrictions and regulations herein- after provided for, to-wit: The north 90 feet of Lots 82 and 83 on Ash Street, Original Town of Salina. (~1, Ord. 4771, 8-17-37). 37-325. Restrictions and Regulations, Preceding Section. That any commercial building constructed on any of the land described in the preceding sec- tion of this ordinance (37-324) may be used for any of the purposes designated in Section 10, of Ordi- nance No. 3188, provided however, that before any building permit shall be issued, for the construc- tion, erection, or reconstruction of any building on any of said land and before any building or other structure is moved on to said land, the plans for . Ch. 3'7, Art. 3 ZONING.-Additions to "e" Commercial. 3R:; such building and the purpose for which it is to be used, with the proposed set-back from street lines of any such building or any other improve- ments on s~id land, shall be submitted to the Board of Commissioners of said city and shall be approved by such Board and it shall be unlawful to use any of such land for any purpose other than residence purposes without such approval by the Board of Commissioners, providing however, that if any re- strictions or conditions provided for in this section shall be held to be invalid as to any lot or piece of ground described in Section 1 of this ordinance, then this entire ordinance shall be held to be in- valid and ineffective as to such lot or piece of ground, it being the intention of the Board of Com- missioners to enact this ordinance as a whole as to each lot or piece of ground described in Section 1 hereof. (92, Ord. 4771, 8-17-37). 37-326. That the following described lands with- in the City of Salina shall be and the same are hereby included in, added to, and made a part of the "e" Commercial District as defined in Section 5 of Ordinance No. 3188 and said ordinance as amended and that said lands may be used for the purpose designated in Section 10 of Ordinance No. 3188, to- wit: Lots 77 and 78 on Ash Street in the Original Town of Salina. (SI, Ord. 4955, 10-14-39). . . 384 ZONINU.-Additiolls to "D," Light Industrial. Ch. 37, Art. ,1 ARTICLE 4.-Additions to "D" Light Industrial District. 37-401. That the following described land in the City of Salina shall be and the same is hereby in- cluded within, added to and made a part of the "D" Light Industrial District as defined in Section 6 of Ordinance No. 3188 and that such land may be used for the purpose designated in Section 11 of said Ordinance No. 3188, subject to the restric- tions and regulations hereinafter contained, to-wit: Lot 42 in Block 1, and Lot 41 in Block 2 in Van Trine's Addition. (~2, Ord. 3632, 1-3-29). 37-402. Restrictions and Regulations, Preceding Section. (For restrictions and regulations relating to use of land described in Sec. 37-401, see Sec. 37-306). 37-403. That the following land within the City of Salina, to-wit: All of Block 1 in Hansen Court, an addition in the City of Salina, be and the same is hereby included within, added to and made a part of the "D" Light Industrial District as defined in Ordinance No. 3188 and said ordinance as amended, and that said land may be used for the purposes permitted in such "D" Light Industrial District as provided for in said ordinance, subject to the re- strictions and regulations hereinafter provided for. (91, Ord. 3834, 2-15-30). 37 -404. Restrictions and Regulations, Preceding Section. That any building erected on any of the land described in the preceding section of this ordi- nance (37-403) shall be of such type as may be approved by the Board of Commissioners and by the City Planning Commission of said city, and all architectural and landscape plans in connection with any such building and all advertising signs used in connection therewith shall be submitted to and approved by the Board of Commissioners and by the City Planning Commission before any build- ing permit for any such building shall be issued, provided that no such building shall be used for any purpose other than for the manufacture and sale of ice cream, or other milk products, or for uses incidental thereto, except with the permission of the Board of Commissioners of said city; Pro- vided further, that any such building shall have a set-back of 100 feet from the south line of Iron Avenue and 75 feet from each of the other streets abutting upon the land described in Section 1 of this ordinance, and any building erected on or any use made of any such land contrary to the fore- going provisions or contrary to the plans approved as provided for herein shall be deemed to constitute a violation of said Ordinance No. 3188 by any per- son responsible or causing such violation; and Pro- vided further, that if any restriction contained in this ordinance shall be held invalid for any reason then this entire ordinance shall be deemed invalid and of no effect, it being the intention of the Board of Commissioners to adopt this ordinance as a whole only with restrictions and conditions herein con- tained. (92, Ord. 3834, 2-15-30). 37-405. That the following described territory in the City of Salina, Kansas, to-wit: Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block 13 in Pacific Addition in the City of Salina be and the same is hereby re- moved from the "A" Residence District and placed in and made a part of the "D" Light Industrial District as provided for in Ordinance No. 3188, pro- vided however, that any building or structure erected upon or moved onto any of said lots or any use made of said lots shall be first submitted to the Board of Commissioners of said city and the plans for any such building and the proposed use of such premises shall be approved by the Board of Commissioners of said city before any building permit shall be issued for anS such building and before any use shall be made of any such property which would not have been permissible except for this ordinance. (91, Ord. 4671, 9-4-36). 37-406. Provisions Relating to Preceding Section. (For additional provisions relating to 37-405, see 37-319) . 37-407. That the following described territory in the City of Salina, Kansas, to-wit: Block 12 in Calkins Addition in the City of Salina, Kansas, be and the same is hereby removed from the "C" Commercial Use District and placed in and made a part of the "D" Light Industrial Use District as provided for in Ordinance No. 3188. (91, Ord. 4682, 9-28-36). . Ch. 37, Art. 5 ZONING.-Additions to "E," Heavy Industrial. 885 ARTICLE 5.-Additions to "E" Heavy Industrial District. 37-501. That the following described land with- in the City of Salina shall be and the same is here- by included in, added to and made a part of the "E" Heavy Industrial District as defined in Section 7 of Ordinance No. 3188, and said ordinance as amended, and that such land may be used for the purposes designated in Section 12 of said Ordinance No. 3188, to-wit: Lots 38, 40, 42 and 44 on Fourth Street, and Lot 41 on Fifth Street in Original Town of Salina. (~1, Ord. 4035. 3-28-31). . . e e 3fJ'-t " (Published in the Salina Journal December 27. 1940) O~I~~NCB NO. 4984 AN ORDI~~NCE amending Ordinance No. 3183 being an ordinance dividing the City of Salina. Kansas into zones or districts and for other purposes by creating a new use zone or district to be known as the "AXil Resi- dence District and defining the limits thereof and restricting and regula.- ing the use of property located in such district. BE IT uRDhINED by the Board of Cmmnissioners of the City of Salina. Kansas: Section 1. That Ordinance No. 3188 of the City of Salina, Kansas. be and the-5affie is hereby amended by adding thereto certain sections as hereinafter set forth. Section 2. That for the purpose of regulating and restricting the locat~ of trades and industries and the location. erection. alteration and repair of buildings erected or altered for specified uses, and the uses of land within the specified district referred to in this ordinance, there is hereby created in addition to the use districts specified in Section 2 of Ordinance No. 3188, a use district to be knoVffi as the IlAXIl Residence District. Section 3. That the territory to be included in the "AX" Residence Distr~as created by this ordinance shall be cmnprised of the territory now knovm and described as Country Club Heights, an addition in ~he City of Salina. Kansas, except Lot 6, Block 1. in said addition. all as shown by the recorded plat of said addition. Section 4. That in thellliX" Residence District as referred to and defined in this ordinance no building or premises shall be used and no building shall be hereafter erected or altered except for use as a one- family dwelling and accessory buildings incidental -to such use and located on the same lot. Section 5. In the ttA:.{1l J.i.esidence District as defined and provided for in this ordinance all buildings hereafter erected shall observe the same set back line from any street which abutts upon or is adjacent to any lot on which such building is erected. as shall have been observed by any building erected prior thereto facing upon such street in the same block. and if there shall be no other house facing on the same street in the same block then the set back for any building so erected and the loca- tion of the same on such lot, includi~g any accessory buildings. shall be the same as that fixed and designated by the recorded plat of said Country Club Heights Addition. Secti?~ That except to such extent as the same may be specifically in conflict with any of the provisions of this ordinance, the restrictions and conditions set forth in a certain agreement. dated March 13. 1926, and entered into between the Salina Country Club Development Company and other nersons and wl1ich is recorded in the office of the Re~ister of Deeds of Saline County, Kansas, in Book "T" of Contracts. Page 51t and each of such conditions and restrictions as set forth in paragraphs numbered 1 to 15 inclusive of said agreement, shall apply to and govern the use of the property located in the said ttAXtt Residence District as herein defined , and provided for6 and said restrictions and conditions as set forth in said paragraphs or sections numbered 1 to 15 inclusive of said agreement are made a part of this ordinance by reference and included herein to the same extent as if set forth at length in this ordinance. Section 7. The provisions of Section 27 of Ordinance No. 3188 re- lating to penalties for the violation of said ordinance shall apply to and bovern any violation of the provisions of this ordinance or to the neglect or refusal to comply with the provisions hereof6 or to the use of any premises in violation of the provisions of this ordinance. Section 8. To such extent as the same may be applicable all of the provisions of Ordinance No. 3188 of the City of Saliaa are hereby made to apply to the "AX" Residence District as hereby created with the same effect as if the "AX" Residence Disttict has been specifically included as one of the districts created by Section 2 of said Ordinance No. 31886 and except to such extent that the provisions of said Ordinance No. 3188 may specifie- ally conflict with the provisions of this ordinance. Section 9. If any section6 clause6 sentence or provision of this ordinance shall be adjudged or decreed by the final judgment of any court of competent jurisdiction to be invalid6 the same shall not affect the validity of this ordinance as a whole or of any other section6 clause6 sentence or provision thereof6 it being the intention of the Board of Co~~issioners in passing this ordinance to adopt every section6 clause6 sentence or provision hereof independently of every other section6 clause6 sentence or provision of this ordinance. Section 10. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, November 186 1940 Passed6 vecember 23. 1940 Attest: Chas. E. Banker City Clerk Ed Morgenstern Mayor . GENERAL INDEX. GENERAL. INDEX A Ch.-Sec. Bill Boards-Concluded Ch.-Sec. Accident Insurance for Firemen. . . . . . . . . . . .9-204 Additions in city limits. . . . . . . . . . . . .7-201 to 7-344 Advertisements; on marquees. . . . . . . . . . . . . . . .5-242 on poles .................. . . .5-606, 15-138 Alleys (see Streets and Alleys): direct drain into prohibited.. . . . . . . . . . . . . . .5-902 downspouts into prohibited................ 5-901 vehicles entering or emerging from. 29-150, 29-165 opened. . . .....................27-301 to 27-320 vacated. .. ....................27-401 to 27-476 Ambulances (see Traffic Code): Amusements; board of public welfare regulate.3-103 permits from board of public welfare. 3-103, 3-104 Animals. . . ...................... .1-101 to 1-216 carcasses; hauling through streets, mis- demeanor .......... ....... .15-166 cattle, prohibited ........ . . . . . . . . . . . . . 1-215 cattle, nuisance ......................... .1-216 cruelty to .. . . . . . . . . . . . . . . . . . . . . . . .1-218, 15-103 dead; depositing in streets. . . . . . . . . . . . . . . .15-167 placing in sewers...................... 24-102 diseased; driving through streets. . . . , . . . . .15-166 sale of milk from....... ....... .15-115, 20-102 dogs . . . ......................... .1-101 to 110 hogs prohibited .......................... 1-213 picketing on streets, impounded. . . . . .1-201, 1-202 pigs, suckling ........................... .1-209 running at large, impounded. . . . . . . . .1-204, 1-205 sale of; impounded.. . . . . . . . . . . . . . . . . . . . . . .1-207 sidewalks, trespassing on...... . . . . . . . . . . . .1-211 trespassing on private grounds or sidewalks .1-211 Arterial Highways (see Traffic Rules). Ash Street; width of 7th to 9th. . . .25-112 Ashes; storing . . . . . . . . . . . . . . . . . .10-128 hauling over streets. . . . . . . . . . . . . . . . . . . . . .26-211 Auctioneers; license. . . . . . . . .14-105, 801 Auction Rooms; license............... .14-106, 801 Auction Sales; license. . . . . . . . . . . . . . . . . .14-107, 801 Auction Stands; license...... .14-108, 151, 155, 801 Automobile junk dealers. . . . . . . . . . . . .14-704 to 712 Awnings; signs on........ . . . . . . . . . . . . . . . . . .5-244 distance above sidewalk........... . . . .5-243 B Band, Municipal ......................2-101, 2-104 contract with city. . . . . . . . . . . . . . . . . . . . . . . . .2-103 approval by board of commissioners. . . . . .2-104 executive board ..........................2-103 trustees, appointment .....................2-101 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . .2-102 Barbed wire fences. . . . . . . . . . . . . . . . . . . . . . . . .16-106 Beer... ............ ./~f.':'.o"r.l-4-1-6i- Bill Boards. . . . . . . . . . . . . . . . . . . . 5-701 to 728 application for license and permit. . . 5-705, 708 bond . . . . . .5-709, 722 classification . . . . . . . . . . . . . .5-701 conform to zoning ordinances. . . . . . . . . . . . . .5-703 definitions ........ ..................5-702, 726 exemptions ..............................5-719 fees .................................5-706, 711 ground signs. . . . . . . . . . . . . . . . . . . . . . . . .5-714, 715 inspection ...............................5-707 licenses .........................5-705, 710, 712 license exemptions ........................5-719 name ....................................5-721 outdoor advertising ....................... 5-702 permits .................................5-705 personal business .........................5-720 posters ..................................5-724 real estate signs. . . . . . . . . . . . . . . . . . . . . . . . . .5-723 regulations.. ..... ......... .5-704, 713, 717, 718 roof signs ...............................5-718 set backs ................................5-714 wall signs ....................... . . . . .5-717 weeds ...................................5-716 zoning ordinances, conform to. . . . . . . . . . . . . .5-703 Billiard Halls (see Pool Halls) . . . . .14-401 to 14-411 Bills, Posting on Telegraph or other poles. . .15-138 tearing down when legally posted. . . . . . . . .15-139 Board of Commissioners (see City Officers). .6-101 Boards and Commissions: band, trustees ...................2-101 to 2-104 board of public welfare. . . . . . . . . . .3-101 to 3-211 cemetery board ..................6-701 to 6-707 city planning commission . . . . . . . . .6-401 to 6-408 library board ....................6-601 to 6-603 executive committee Oakdale Park. . . . . . . . .17-310 plumbers examining board....... .5-472 to 5-479 trustees Memorial Hall ...........6-501 to 6-503 Board of Public Welfare. . . . . . . . . . . .3-101 to 3-211 amusements; regulate ....................3-103 authority of chairman ....................3-209 board created ............................3-101 by-laws. . . ..............................3-102 certificates for dances. . . . . . . . . . . . . . . . . .3-202 dances and dance halls regulated. . . . . . . . . . .3-103 duties of board........................... 3-103 organization of board..................... 3-10<2 permits. . . . . . . . . .3-103, 3-104, 3-204, 3-207, 3-210 poor; board may investigate.............. .3-105 public dances; jurisdiction................. 3-202 revoke permits ...........................3-104 term of office of board. . . . . . . . . . . . . . . . . . . .3-101 theatres; regulate ........................3-103 Boating on River........... .............. .15-153 Bonding Companies ................... .4-101, 102 Bonds: agents .................. ..... . . . . . . . . . . . . .4-101 approval of ..............................4-104 bill boards ...............................5-709 electrical inspector's bond .................5-301 electric wiring bond. . . . . . . . . . . . . . . . . . . . . . . 5-306 gas piping and fitting. . . . . . . . . . . . . . . . . . . . .5-504 house moving bond. . . . . . . . . . . . . . . . . . . . . . . .5-810 license and contract bonds. . . . . . . . . . . . . . . . .4-101 plumbing license bond. . . . . . . . . . . . . . . . . . . . .5-408 public improvement bonds................. 4-102 qualification of sureties. . . . . . . . . . . . .4-101, 4-102 signatures to bonds....................... 4-103 387 388 GENERAL INJ;>EX. Ch.~See. Bonds Addition, block 3 replatted. . . . . .. . . . .18-10'2 Bonfires. . . .. .................... lO-ilO, H6, 118 Boundaries, of city. . . . . . . . . . . . . . . . . . . . . . . . ...7-10-1 or fire limits........................... .11-10'1 Broadway Boulevard ....................... 14..216 Brown's Addition, replatting part of.... . . . .18-104 Building Codes and Regulations. . . . . .5-10'1 to 5-90'8 (see buiidmg code, plumbing code, electrical code, gas piping, etc.) Building Code; Buildings: addition-to frame building............... 5-20'7 alteration-in fire limits. . . . . . . . . . . . . . . . . . .5-20'8 hotel, rooming house, apartment. . . . .. '.' .5-218 apartment-<:hanged to. . . . . . .5-20'8, 215, 216, 218 areaway:;-protection .................... .5-229 area-limits of....................... 5-232, 235 automatic fire doors-in party wall. . . . . . . .5-232 awnings-:;igns on, height. . . . . . . . . . . . .5-243,244 ba:;ements, rooms in. . . . . . . . . . . . . . . . . . . . . . .5-214 ba:;ements, in fire limits.................. .5-20'3 beams-ends in wall. . . . . . . . . . . . . . . . . . . . . . .5-224 brick veneer .............................5-20'7 burners-gas or gasoline................. .5-265 business-above first floor. . . . . . . . . . . . . . . . .5-226 canopy-over walk .......................5-242 carrying-safety load ....................5-268 cellars-living room ......................5-214 cellar-water in ..........................5-291 chimneys-construction. . . . . . . . . . . . .5-251 to 260 concrete blocks-material .................5-210 condemned work .........................5-269 coping-for walls ........................5-230 corbeling-for beams .....................5-224 corbeling-for flues ......................5-255 dangerous condition..................... .5-271 damaged-by fire ........................5-206 depth-of cellar wall .....................5-211 defective flues ...........................5-252 derricks-over streets ................... .5-248 distance-from lot line.. . . . . . . . . . . . . . . . . . .5-209 division walls-thickness. . . . . . . . . . . . . .5-210, 221 doors-fire . . . ..........................5-225 doors-opening in stairway................ 5-226 dumb waiters~shafts ....................5-230 dry rooms-construction ..................5-264 egress-above first floor ..................5-232 elevator shafts-protected. . . . . . . . . . . . .5-226, 228 exit-emergency . ........................5-232 exterior walls-hollow tile. . . . . . . . . . . . .5-210, 223 fee-for buildings ........................5-202 fee-for canopies ........................5-242 filling station-location ...................5-250 fire doors-how installed................. .5-226 fire limits-buildings in.................. .5-20'3 fire proof-tenement houses..... . . . . . . . . . .5-215 fire stops-in partitions. . . . . . . . . . . . . . .5.225, 236 fire walls-automatic doors in. . . . . . . . .5-225, 232 fire walls-height, construction............ 5-220 fireplaces ................................5-258 fireplace-header beams ..................5-2'59 floor-beams .............................5-224 floor-opening in ........................5-229 floor area-explanation... ................ .5-232 flues-lining .............................5-253 flues-distance from wood. . . . . . . . . . . . . . . . .5.;.254 flues-vent . . . . . . . . . . . . . . . . . . . . . . . . . .5-267 foundation-depth of .....................5-211 Building Code-Continued Ch.-Sec. frame construction defined. . . . . . . . .. 5-237 . frame builQincs~remodeling ..............5-208 frame buildings.o.......datnaged.. . . . . . . . . . . . . . . . 5-206 frame buildings-height........... 5-207, 235 frame buildings-prohibited. . . . . . . . . . . . . . . .5-20'4 gas or gasoline burners. . . . . . . . . . . . . . . . . . . .5-265 gas-connections .........................5-266 glass panels-in doors. . .. . . .. . . . . . ... . .. . .5-226 grate-in fireplace .......................5-258 grating-over areaway................... .5-2,34 guy wire-over street..... .5-248 hangers-for beams...................... .5-224 hall partitions-business building.......... 5-226 heating device-furnaces..... ........... .5-240' height-limit of. . . . . . . . . . . . . . . . . . . . . . . . . . .5-235 height-chimneys ........................ 5-240 height-frame buildings................... 5-207 height-shaft walls............... ... .5-230 hollow blocks-bearing walls. . . . . .5-210, 223, 235 hollow tile-bearing walls... . . . . .5-210, 223, 235 hotels. . .5-215, 216, 218 hot air pipes and registers. . . . . . . . . . . . . . . .5-238 inspection-monthly report..... . . .. 5-270 inspector--entering buildings .. 5-104, 269 inspector-power to enforce. . . . . . . . . . . . . . . .5-270 iron covered sheds-in fire limits. . . . . . . . . . .5-209 lath-for fire proof...................... .5-226 light shafts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-230 living quarters. . . . . . . . . . . . . . . . . . . . . . . . .5-208 living room, in basement........ .5-214 living quarters, in frame building . 5-207 light shafts. . . . . . . . . . . . . . . . . . . . . . . . . . . .5-230 lights-floor ...... . . . . . . . . . . . . . . . . . . .5-229 load-of roof, of building. . .5-213, 268 marquees ..... . . . . . . . . . . . 5-242 marquees-advertisement on . . . .5-244 metal frames-fastening.... . . . ... .. 5-226 moving-in fire limits..... ... .. .. . . . .5-204 moving picture-buildings used for. . . .5-233 open heating devices .................. .5-265 opening-in floors....... . . .5-229 opening-in interior walls 5-225 opening-in roof. ." . . 5-231 ordinary construction. . . . . . . 5-205 party walls-thickness.................. .5-221 parapet walls-height.................... .5-221 partition-walls ......... . . . . 5-221 permits-when required. . . . . .5-201, 217, 219, 243 permit-when required.... .5-273 plans . ......... .............. .5-272 protection-over sidewalks.. . . . . . . . .5-246 public buildings-above first floor 5-226 ratproofing .......... 5-263 repairing-in fire limits ..' 5-206 remodeling-in fire limits 5-208 red lanterns-required. .5-249 rooming house .... .5-215, 216, 218 roofs-in fire limits. . . .5-203 roofs-composition .. .5-222 roof-beams .... .5-219 roof-load .................... .5-213 roof-material ... . . . . . . . . .5-221 roof-openings ............. ............ 5-231 safety-load .. ... . ... ... 5-213, 249 scaffold over sidewalk. . . . . . . . . . . . . . . . . . . . .5-246 separation-beams .... ..................5-224 sewer-gas in basement . . . . . . . . . . . . . . . . . . .5-271 GENERAL INDEX. . Building Code-Concluded Ch.-Sec. -__sid.ewalk-protection . . . . . . . .'. . . . . . .5-246 &igns-attached to awnings. . . . . . . . . . . . . . . .5-244 skYlight-over shafts.......... ...... ..... .5-228 skylight-construction.' . . . . .5-203, 227, 228 sleeping rooms in fire limits. . . . . . . . . . . . . . . 5-203 slow burning-tenement houses............ 5-215 smoke stacks-construction................ 5-259 smoke stacks-near wood. . . . . . . . . . . . .5-259, 260 stand pipes in theaters. . . . . . . . . . . . . . . . . . . .5-233 stair shaft-public buildings............... 5-226 stairway-width .........................5-232 stone walls-thickness. . . . . . . . . . . . . . . . . . . . . 5-212 storing gasoline-prohibited............... 5-250 stoves and ranges. . . . . . . . . . . . . . . . . . . .5-239 stove pipes through walls. . . . . . . . . .15-110 street, use during construction ........5-245, 249 street, use for storage. . . . . . . . . . .5-247 tenements. . . . . . . . . . . . . . . . . . . . . . . .5-214, 216 in basements....... . . . . . . . . . . . . . . . .5-214 permits . . . . .5-217 test-hollow blocks. . . . . . . . . . . . . . 5-210, 223 test-floor construction. . . . . . .5-212 test-cylinders ............ . . . . . . . . . . .5-212 tenement houses-living quarters. . . .5-214 to 217 tenement houses-height. . . . . . . 5-215 temporary sidewalks-safety of. . . . . . . . . . . .5-246 thickness of walls ........................ 5-210 theaters-stand pipes in. . . . . . . . .5-233 theaters-unsafe ........ . . . . . . . . . . .5-271 unsanitary conditions....... . . . . . . . . . . . . . . .5-271 veneer-brick ............................5-207 vent-flues, shafts. . . . . . ... ... .5-230, 267 walls-beam ends separated............... 5-214 in fire limits........................... 5-203 fire walls . . . . . . . . . . . . . . . . . . . . . . . . .5:221 hollow block. . . . . . . . . . . . . . . . . . .5-210, 223, 235 openings in. . . . . . . . . . . . . . . . . . . . . . . . . .5-225 walls-thickness . . . . . . . . . . . . . . . . . . . . . 5-210, 212 walls-on lot line, depth. . . . . . . . . . . . . . . . . . .5-211 walls-exterior . . . .. .. . . . . . . . . . . . . .5-223 walls-shaft .............................5-230 water-in basement... . . . . . . . . . . .5-271 wire glass-where required. ....... . . . . . .5-226 windows-in shafts....................... 5-228 windows-in stairways....... . . . . . . . . . . .5-232 wood beams-in walls..... .. ...... '" .5-224 wood beams-in flues......... . . . . 5-259 wood supports-for flues.. ...... . ........ .5-259 Building Inspector (see Building, Plumbing and Electrical Codes): appointment; authority; bond; duties..... . . . . . . . . . . .5-101, 5-102, 5-104, 5-301 - enforce building ordinance ..... . . . . .5-270 enter buildings .....................5-269, 5-303 ex-officio; electrical inspector . . . . . . . . . . . . . .5-301 license inspector . . . . . . . . . . . . . . . . . . . . 14-607 plumbing inspector....... .. .... ... .. .5-402 fees; buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-202 electric wiring . . . . . . . . . . . . . . . . . . . . . . . . . . 5-307 gas piping .............................5-505 house moving. . . . . . . . . . . .5-801 plumbing . . . . . .5-403 signs . . . . . . . . . . . . . . . ..... . . . . . .5-602 fire chief, duties formerly performed by. . . . .5-105 gas piping . . . . . .5-501 to 5-514 house moving. . .5-801 to 5-811 inspect building to be moved. . . .5-802 Building Inspector-Concluded Ch.-Sec. inspect plans . . . . . . . . .. . . . . . . . . . . . . . . .. .5-272 monthly reports ..........................5-270 office created.... ..... '" .5-101 permits-buildings. . . . . . . . . . . 5-201, 217, 219, 273 electric. .. . .. .. .. .. .. .. .. 5-307, 307 A plumbing . . . . . . . . . . . . . . . . . . . . . . . 5-406, 407 powers of inspector................... .5-104 l- qualifications ............................5-101 salary ................................... 6-303 signs. . . . . . . . . . . . . . . . . . . . . . . . . . .5-601 to 612 wires in street........................... 5-904 c Cabarets-permit ..........................3-104 Board of Public Welfare supervise.. .... 3-103 Cattle (see index under Animals, Milk, etc.) impounded. . . . . . . . . . . . . . . . . . . 1-202, 205 keeping in city. . . . . . . . . . . . . . . . . . . . . . . 1-215, 216 picketed in streets ........ . . . . . . . . . . . . .1-201 running at large.. . . . . . . . . . . . . . . . . . .1-204 trespassing, sidewalks, private grounds... .1-211 Cemetery Board. . . . . . . . . . .6-701, 703 Cereal Malt Beverages. . . .14-1001 Cess Pools-prohibited.......... . . . . .20-214 when permitted................. . . . .5-465 connection with sewer prohibited. . . .24-102 Chamber of Commerce Sign, 12th St.. . . . . . . . .5-613 Chester A venue. . . . . . . . . . . . . . . . . . . . . . . . . . . .26-211 Ohief of Police (see City Officers). Chimneys (see Building Code). Cigarettes and papers; use by minors. . .15-135 furnishing to minors............... . . 15-136 Cisterns, connecting with sewer prohibited. . .24-102 City Court........ . . . . . . . . . . . . . .. . . .34-101 to 133 City Hall and Fire Station Property, Acquired 8-101 City Limits; Defined and Established.. . . . . . 7-101 ordinances extending limits........ 7-201 to 344 City Officers and Employees. . . . . . . . . .6-101 to 707 board of commissioners; duties............ 6-101 appoint city manager................... 6-102 approve bonds.......................... 4-104 approve plats........................... 6-406 election of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-101 references to council or committees. . . . . . .6-201 building inspector (see index under building inspector) . bookkeeper; salary....................... .6-303 building custodian; salary................. 6-303 care-taker city dump; salary........ 6-226, 6-303 chief of police (see police department). appointment and duties....... ....... ... 6-109 call on citizens for assistance. . . . .19-117 enforce ordinances and penal laws. . . . . . .19-105 enter houses........... . . . . . . . . . . . . . . . .19-106 keep account of monies................ .19-107 salary ................................. 6-304 wear badge. . . . . .. . . . " . . . . . .. . . . .. . . .19-109 city attorney, appointment and duties. . .6-108 approve bonds. . . . . . . .4-104 additional duties. . . . . . .6-217 to 219 salary. . . . . . . . . . . . . . . . . . . . . . . . . .6-303, 316 city clerk, duties and bond. . . . . . . .6-107, 202, 204 deputy.. . . . . . .6-113, 114, 303, 317 salary ................................. 6-303 389 390 GENERAL INDEX. City Officers and Employeeill-Gon<:hl!oled Ch..Se(:~ uty engineer, appointment and duties ...:,. G.nO establish grades.. . . . . . . . . . . . . ... . .29-703,704 make contour map of city. . . . . . . . . . . . . .26.702 office combined with sanitary and health officer ..............................6-221 prepare plans and specifications for side- walks ..............................25-107 for cutting curb for driveways. . . . . . . .26-202 salary ................................. 6-306 city manager, appointment, duties and bond.6-102 salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-105, 303 superintendent of water works. . . . . .6-103, 104 bond ..................................6-106 city mechanic, appointment and salary. .6-223, 305 city physician, appointment. . . . . . . . .6-213, 20-315 powers and duties. . . . . . . . . . . . . . . . . . . . . .20-308 term of office.. . . . . . . . . . . . . . . . . . . . . . . .20-316 compensation .........................20-317 city treasurer, appointment, duties and bond. 6-107 bonds, deposits and additional duties. 6-2Q5 to 213 salary . ...............................6-302 department of finance.. . . . . . . . . . . . . . . . . . . .6-107 department of la\v....................... .6-108 department of public safety. . . . . . . . . . . . . . . .6-109 department of public service. . . . . . . . . . . . . . .6-1..10 depositories. . . . . . . . . . . . . . . . . . . . . . . .6-211 to 213 electrical inspector, appointment, duties and bond. . . . . . . . . . . . . . . . . . . . . . . .5-301, 5-302 (see electrical code, building inspector). fire department (see index under fire depart- ment) .................................6-109 salaries ...............................6-308 inspectors, rodmen and etc.. . . . . . . . . . . . . . . .6-111 mechanic ................................6-223 Memorial Hall custodian. . .' . . . . . . . . . . . ... .6-303 night firemen at city hall.. ..... ..... ..' . .6-225 other officers and departments. . . .6-111, 112, 313 police department (see index under police de" ment) salaries.......................... 6-304 police judge, appointment, duties and bond. .6-108 salary ................................. 6-304 plumbing inspector (see plumbing code)... 5-402 sanitary and health officer (see public health) ........ .......................6-111 office combined with city engineer. . . . .. 6-214 sewage disposal plant, superintendent. . . . . .6-310 stenographers and clerical assistants; salary. .. .. .. . .. .. .. . .. 6-107, 303 superintendent of parks; duties; salary. 6-111, 307 superintendent of streets; appointment and duties .............................6-110, 222 salary .................................6-305 swimming pool superintendent, salary. .6-227, 228 assistant ..............................6-229 waterworks department, salaries..... ....6-311 water department (see Waterworks department). City Park.............. .. .. .. .17-501 City Planning Commission. .6-401 to 6-409 board created.. . . . . ... . .6-401 members, appointment..... .6-402 duties . .6-404 plats and additions. . . . . . . . . . . . . .6-405 approval of plats.... .6-406 illegal plats.... . . . . . . . . . . . . . .6-407 City Property. . . .8-101 to 115 Convention Hall; special permit for. . .5-907 Country Club Road.. . . . . . . .26-610 CoWS .(see index under cattle and. Ch..Sec. under milk and dairy products). Crossings; Railroad; maintenance and'construc- tion of......."..,...................... 26"401 Cruelty to Animals........ ....:. .,. .1-218, 15-103 Curbing; cutting for driveways. . . . . . . . .26-201 Curb filling stations; in fire limits prohibited .10-212 outside of fire limits; special permits. . . . . .10-213 Curb line; moving houses, not to extend. over. .5-807 Custer A venue. . . . . . . . . . . . . . .' .......... .26-211 name changed.. . . .26-211 D Dairy Barns and Dairies. . . .. ......20-101 to 124 Dances; Board of Public Welfare to Super- vise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-103, 3-104 regulation by board of public welfare. 3-201 to 212 disorderly conduct at. . . . . . . . . . . . . . . . . . . . . .3-206 license fees............... . . . . . . . . . . . . . . .14-301 public dance defined. . . . .. ..3-201, 203 on Sunday, nuisance.................... .14-310 Dance Halls (see Dances) . . . . .3-103, 3-201 to 3-212 owner notify police and welfare board of dances ................................3-205 Decatur Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . .26-213 name changed........................... 26-214 Derricks Over Streets............ . . . .5-248 Dikes. . . . . . . . . . . . . . . . . . . . . . . . . . . .13-101 to 13-103 Diseases (see Public Health). Disorderly Assembly... .................. .15-150 Disorderly Conduct; in general. . . . . . . . . . . . . .15-111 at dances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-206 at fires.................................. 9-114 in" pool and billiard halls, beer places. 14-407, 1010 Distillate and Fuel Oil Tanks.... . .10-201 Disturbing the Peace. . . . . . . . . . . . . .15-112 Dogs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-101 to 1-110 at large after mayors proclamation. . . . . . . .1-101 entering buildings prohibited. ........... .1-110 impounded, killed......... . . . .1-107 license .................... . . .1-109 mad dogs, mayor to issue proclamation. . . . . .1-101 marshal kill dogs after proclamation. . . . . . .1-10'2 registration ............................. .1-109 running at large, nuisance. . . . . . . . . . . . .1-106 vicious, harboring. .... . . . . 1-104 vicious, killed by marshal. . . .1-105 Downspouts to Alleys and Streets..... . .5-901 direct into alley or street prohibited ...'" 5-902 Drivers of V ahicles (see Traffic Code; Taxi-cabs). Driveways Cutting Curb for. . . . . . . . .26-201, 26-204 Drug Stor~s; Dances or Entertainments in 3-103 Drugs, Narcotic. . .15-401 to 15-404 Dynamite, Storing Prohibited.. . . .10-132 E changed. . . . .26-608 . .5-301 to 5-337 .5-328 . .5-322 .5-320 . 5-306 . . . . . . . .. 5-309 .5-315 . . . . . . . . . . . . . . .5-316 Eastern Heights Avenue, name Electrical Code. ...... alteration or changing.. armored cable. bath room lights. . . . . bond and license. code....... .' ceiling-low conduit . . GENERAL INDEX. EI~ctrical Code-Conclud~d Ch.-Sec. circuits ...................... ..... . . . . . . . . .5-319 concealed wiring.......................... 5-327 covering wiring before inspected. . . . . . . . . . . 5-327 changing or alterations.................. .5-328 defective wiring.......................... 5-318 entering buildings........................ 5-303 enforcement of ordinance. . . . . . . . . . .. . . . . . .5-331 fire-in case of. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-305 fees and permits. . . . . . . . . . . . . . . . . . . . . . . . . .5-307 garage wires............................. 5-313 header boards........................... .5-321 inspection ...............................5-329 inspectors duty........................... 5-302 in case of fire. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-305 license and bond. . . . . . . . . . . . . . . . . . . . . . . . . .5-306 location of meter.. . . . . . . . . . . . . . . .5-314 low ceilings.............................. 5-31.5 meter location. . . . . . . . . . . . . . . . . . . . . . . .5-314, 333 meter board.............................. 5-321 metal raceway............................ 5-316 motor switch............... . . . . . . .5-317 notice of inspection . . . . . . . . . . . . . . . . .5-329 outlets on circuit. . . . . . . . . . . . . . . . . . . . . . . . . .5-319 outlet headers. " . .. ...... .5-321 permit and fees.. .. .. .. .. .. .. .. . .. .. 5-307, 307 A pannel boxes............................. 5-312 plug outlets.............................. 5-323 penalty ..................................5-332 radio interference......................... 5-334 receptacle openings....................... 5-323 release of responsibility. . . . . . . . . . . . . . . . . . .5-330 special decisions.......................... 5-304 service entrance... . . . . . . .5-310 service switch............ .. .. . .. 5-311 switches--motor .........................5-317 switches-bath room. . . . . . . . .5-320 selling meter. . . . . . . . . . . .5-324 size of wire ....................... . 5-325 wires over street. . . . . . . . .. ......... .5-309 wiring--defective . . . . . . . . . . . .5-318 watts-per circuit. . . . . . . . . . . . . . . . . . . . . . . . .5-319 wire-size . . . . . . . . . . . . . . . . .5-325 wires-interfering with firemen .... . .5-326 when inspection required.......... . . . . . . . .5-329 wires in streets.............. . . . . . . . . . . . . .5-905 Electrical Inspector (see Electrical Code).. . . . . . . . . . . . . . . . . . . . . .5-301 to 4-335 Electric Light Franchise (see public utilities) .22-1,01 Escape, from officers................. .15-174 aiding and abetting. . . . . . . . . . . . . . . .15-175 Excavations (see streets). F Faulkner Street, name changed............. 26-603 Filling Stations, location of. . . . . . . . . . . . . . . . . .5-250 curb stations, in fire limits. . . . . . . . . . . . . . .10-212 curb stations, outside of fire limits. . . . . . . .10-213 Fire Apparatus; right of way in streets. . . . . . . . . . . . . . . .10-114, 29-105, 131, 152 Fire Arms; discharging in city. . . . . . . . . . . . . .15-1,16 carrying concealed . . . . . . . . .15-173 Fire Crackers and Fire Works; prohibited in parts of city . . . . . . . . . . . . . .14-901, 15-117 Fire Hose; driving over ............ .15-119, 29-195 Fire Chief (see Fire Department). . ... .9-101 adopt measures for fire prevention . . . . .10-101 Fire Chief-Concluded Ch.-Sec. approve route of house moving. . . . . . .5-802 examine premises. .. . . . . . . . .10-101, 108 make and enforce rules... ...... ...... .9-104 obstructing or hindering. .. . . . . . . . . . . . . . . . .9-106 order removal of combustibles........... .10-101 persons refusing to obey orders 'of. . .9-114, 9-115 record of fires and property. . . . . . . . . . . . . . .9-107 reports to board of commissioners........ .9-107 report violations.......................... 9-105 require aid of citizens. . . . . . . . . . . . 9-113 responsible for fire department. . . . . . . . . . . .9-105 salary ................................... 6-308 suspend employees........................ 9-105 Fire Department (see fire chief). . . . .9-101 to 9-116 citizens required to aid. . . . . . . . . . . . . . . . . . . .9-113 cut down buildings at fires. . . . . . . . . . . . . . . .9-109 fire guard; protect property. . . . . . . . . . . . . . .9-110 firemen attend fires. . . . . . . . . . . . . . . . . . . . . . .9-108 members off duty; repoz:1; at fire alarm. . . .9-103 right of way in streets. . . .10-114, 29-105, 131, 152 rules . . . . . . . . . . . . . . . . . . . . . . . .9-104, 9-105 salaries ..................................6-308 taking property of, penalty. . . . . . . . . . . .9-112 two platoons; hours of service. . . . . . . . . . . . .9-102 Fire Extinguishers; required at theaters. . . . .10-111 Fire Guard; Police Constitute............... 9-110 Fire Hydrants; opening, meddling with ..... .15-145 obstructing ............................ .10-115 parking by.............................. 29-170 Fire Limits; defined................ .11-101 to 105 buildings in, construction and alteration .. ..... . . . . . . . . . . . . . . . . . . . . . . . .5-203, 11-103 buildings in fire district numbers 2 and 3 . . . . . . . . .. ... . . . . . . . . . . . . . . . . .11-103, 11-107 curb filling stations in; outside of . .10-212, 10-213 districts numbers 2 and 3 defined. . .11-103 to 107 frame building in. . . . . . . . . . . . . . . . . .. 5-204, 206 outside of limits.............. . . . . . . . .. 5-207 additions to. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-208 iron covered sheds in..................... 5-209 moving buildings into........... . . . . . .5-204 storing hay or other combustibles in. . .10-110, 120 Fire Prevention, ordinances relating to 10-101 to 214 Firemen (see Fire Department) Firemen's Pension Fund....... . . . . . . . . . 9-301, 311 Firemen's Relief Association. . . . . . . . . . IM.1.01, 106 Firestone Tire & Rubber Co., gasoline pipe- " line. . . . . . . . . . . . . . . .22-512, 518 Floors (see Building Code). Floor Drains (see Plumbing Code). Flues (see Building Code). . .5-240, 5-241, 5-248 Flush Tanks, Breaking.................. . .24-302 Food; selling decayed or unwholesome .15-117, 20-114 milk diluted or from diseased animals. . . . . . . . . . . . . . . . . . . . . . . . . . . 15-118, 20-120 Fumigants, use of. . . . . . . . . . . . . . . . . . . . . . . . . . 10-135 G Gambling. . . . . . . . . . . . . . . . . . .14-1003, 15-120 to 125 in connection with carnival and amusement companies .... . . . . .14-202 Gambling House; letting premises for. 15-120 keeping or maintaining. . . . . . . . . . .15-121 police authorized to enter.......... . .15-121 Games of Chance or Skill. . . . . . . . . . . . . . . . . .15-122 391 392 GENERAL INDEX. . Ch.-Sec. Garages; Drains in........................ .5-447 lial'bage; collected and removed. . . . . .. . . . . . 28-l{)4 metal receptacles required............... .28-104 notice to owner, abatement. .. .. .. . ... .' .. .28-109 placing in sewers.... . . . . . . . . . . . . . . . . . . . .24-302 placing in streets, alleys, lots, etc.. . . . . . . .28-101 Gas Burners................ .5-265,266, 501 to 519 Gas Franchise (see Public Utilities). Gas Pipes; taking or tampering with. .26-601, 26-602 Gas Piping. . . . . . . . . . . . . . . . . . . . . . . . . . .5-501 to 519 approval .................................5-515 bond .............. ..... . . . . . . . . . . . . . . . . . . . 5-504 certificate ...............................5-516 condemn and disconnect system.... . . . . . . . . 5-507 connections. . . . . . . . . . . . . . . . . . . . . .5-266, 509, 510 connections with mains................... .5-506 connections-meters ......................5-511 defective work removed.................. .5-515 disconnect and condemn system........... 5-507 fees .....................................5-505 inspection. . . . . . . . . . . . . . . . . . . . . . .5-501, 503, 515 installation requirements.................. 5-510 license .................................. 5-504 permit required........................... 5-502 pipe sizes................................ 5-514 plumbing inspection, duties................ 5-501 record ...................................5-51.6 release of gas from mains............... .5-513 responsibility ............................5-517 rules and regulations..................... 5-509 testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-508, 509 Gas service pipes, laid prior to paving. . . . . .26-301 Gasoline, at air port. . . . . . . . . . . . . . . . . . . . . . .33-116 Gasoline and Oils.... . . . . . . . . . . . . . . . . . . . . . .10-201 Gasoline, storage, tanks. . . . . . . . . . . . . .10-201 to 211 storage or sale near schools. . . . . . . . . . . . . . .5-250 pipeline, Firestone T. & R. Co.. . . . . . . .22-512, 518 Gasoline; Burners........................... 5-265 curb filling stations. . . . . . . . . . . . . . . . . .10-212, 213 filling stations. . . . . . . . . . . . . . . . . . . . . . . . . . . .5-250 sales on streets prohibited. . . . . . . . . . . . . . . .10-210 storing prohibited.. . . . . . . . . . . . . . . . . . . . . . . .5-250 tanks, construction of. . . . . . . . . . . . . .10-201 to 210 Goats; running at large. . . . . . . . . . . . . . . .1-204, 1-205 Grades; ordinance relating to. . . . . . . . .26-701 to 704 bench marks, established. . . . . . . . . . . . . . . . . .26-701 city engineer to establish. . . . . . . . . . . . .26-703, 704 removal of stakes or monuments established.15.159 Guns; BB prohibited...................... .15-107 blank cartridges, prohibited.. . . . . . . . . . . . . .15-117 carrying concealed...................... .15-173 discharging in city. . . . . . . . . . . . . . . . . . . . . . .15-116 parents permitting BB guns.. . . . . . . . . . . . .15-109 Guy Wires Over Streets. . . . . . . . . . . . . . . . . . . . .5-248 Gypsum Hill Cemetery. . ... .. .. . . . . . . .6-701 to 707 H Hay; stacking in certain districts, prohibited. .10-120 stacking within 500 feet of fire limits. . . . .10-127 Hogs, running at large. ................ .1-204, 205 Horses, hitching to trees. . . . . . . . . . . . . . . . . . . .15-171 picketing in streets. . . . . . . . . . . . . . . . . . . . . . . .1-201 running at large. . . . . . . . . . . . . . . . . .1-202 to 1-205 trespassing on sidewalks or private grounds .1-211 . - _ eh.-See. Hose, driving over........................ .15-122 Hopping on Railroad Cars................. .15-145 HydnUlts, opening or meddling with.. . . . . . . .15-144 Hotels; fire chief to inspect. . . . . . . . . . . . .10-103, 104 House Moving. . . . . . . . . . . . . . . . . . . . . . . . . .5-801, 812 city clerk issue permit. . . . . . . . . . . . . . . . . . . . .5-802 bond required.... . . . . . . . . . . . . . . . . . . . . . . . . .5-810 curb line, not to extend over. . . . . . . . . . . . . . _ 5-807 inspection of building i'equired............ 5-802 removal of wires. . . . . . . . . . . . . . . . . . . . . . . .. 5-803 route, approval by fire chief, bldg. insp., etc. 5-802 signals in streets required. . . . . . . . . . . .5-805, 806 streets, moving along certain prohibited. 5-804, 805 trees; trimming of, supervision of, responsi- bility ..................................5-808 permits ..................................5-801 standing in streets. . . . . . . . . . . . . . . . . . . . . . . .5-805 I Ice; removal from sidewalks. . . . . . . . . . . . . . . .15-157 Immoral Conduct..................... .15-201,215 inmate of house of ill fame. . . . . . . . . . .15-204, 205 houses of prostitution or ill fame. . . . . . 15-201, 207 occupying i'oom for immoral purposes. . . . . . 15-2UI procurers or pimps................. .15-209, 212 soliciting on streets............. . . . . . . . . .15-208 transporting persons for. . . . . . 14-641, 15-214, 215 Indecent Language........................ .15-111 Injuring or Defacing Property.. . . . . . . . . . . . .15-143 on public streets. . . . . . . . . . . . . . . . . . . . . . . . .15-144 Intoxication, misdemeanor................. .15-113 Inspector; Buildings................... . . . . . . . . . . . . . .5-101, 202, 269 to 273, 602, 701, 802 electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-301, 905 license. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-629, 716 plumbing . . . . . . . . . . . . . . . . . . . . . . . .5-402, 501 bill boards............................... 5-701 gas piping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-501 house moving............................. 5-801 Intoxicated Persons....................... .15-113 driving motor cars. . . . . . . . . . . . . . . . . . . . . . .29-126 driving taxi-cabs. . . . . . . . . . . . . . . . . . . .14-619 Intoxicating Liquor. . . . . . . . . . . . . . . . . .15-301 to 319 common nuisance.......... . . .15-306 club rooms where liquor is sold. . .15-305 definition of....... . . . . . . . . . . .15-303 destruction of........................... 15-309 giving away..... . . . . . . .15-304 sale or barter of. . . . . . . . . . . . . . . . . . . . . . 15-301 search warrants . . . . . . . . . . . . . . . . . . . - . . 15-307 seizure of liquor. . . . . . . . . . . . . . . .15-308 possession of...................... . 15-312 transportation of. . ........... ." .' .15-313 receiving from others.......... ...... .15-314 manufacture of......... . . . . . - . . . . . . 15-318 in beer place.......................... .14-1010 Iowa Street............................... 26-608 J Junk Dealers, licenses, regulations. . 14-701, 712 L Levees and Dikes. Library Board. . . . . . . . . . . . . creation of board; members. .13-101, 103 . .6-601, 605 . . . . . .6-601 . . . GENERAL INDEX. Library Board-Concluded Ch.-Sec. duties of board.. . . . . . . . . . . . . 6-602 tax levy.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-603 treasurer of board.. . . . . . . . . . . . . . . . . . . . : . .6-602 Library; Property Acquired. . . . . . .8-108 cutting or mutilating books, etc., of..... .15-130 failure to return books. . . . . . . . . . . . . . . . . . .15-129 stealing books, etc., from. . . . . . . . . . . . . . . . .15-126 Liquors (see Intoxicating Liquors). License Bonds. . . . . . . . . . . . . . . . . . .4-101 approval of....................... .4-104 electric wiring..................... . 5-306 gas piping ...............................5-504 plumbing ................................5-408 house moving. . .. . ...... . .5-810 License Inspector.................. .14-629, 14-716 Licenses; in general. . . . .14-101 to 14-1104 agents; itinerant, sales on streets. . . . . . . . . .14-121 insurance . . . . . . . . . . . . . . . . .14-123 applications for..... . . .14-148, 203, 303, 402, 603 amusement companies... ............... .14-201 astrologists ........... . . . . . . . . . . . . .14-165 assignments prohibited. . . . . .14-101, 149, 154, 207 auctioneers ....................... .14-105, 801 auction rooms. . . . . . . . . . . . .14-106, 801 auction sales. . . . . . . . . . . . . . .14-107, 801 auction stands. . . . . . . . . . . .14-108, 151 to 1.55, 801 automobile junk dealers. . . . . . . . . . . . . .14-704, 712 beer ................................. .14-1001 bill boards........................... 5-705, 710 bankrupt sales.......................... .14-139 billiard halls and tables. . . . . . . . . . . . .14-401 to 411 bowling alleys.............. . . . . .14-109 canvasse;s . . . . . . . . . . . . . . . . . . . . .14-110 carnival and amusement companies. . .14-201, 209 cereal malt beverages...... . . . . . . .14-1001 clothing ................... . . . . .14-164 circuses, menageries, etc. . . . .14-201, 209 clairvoyants ........................... .14-165 clerk to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . .14-147 concerts ................... . . . . . . . . . . .14-113 corn doctors.. . . . . . . . . . . . . . . . . . . .14-114 creditors sales . . . . . . . . . . . .14-139 dances. . . . . . . . . . . . . . . . . .14-301 to 310 dentists, itinerant............. . . . .14-116 doctors, etc., itinerant. . . . . . . . . . . . . . . .14-116 dog and pony shows.................... .14-112 dogs ............................. .1-109 drays .................................. 14-501 drivers of taxi-cabs. . . . . . . . . . . . . . . .14-613 to 619 electric wiring............................ 5-306 expiration of........................... .14-149 express companies....................... 14-117 express wagons.......................... 14-501 fireworks. . . . . . . . . . . . . . . . . . . . 14-901, 914 fire sales. ............................. .14-139 fortune tellers..................... .14-119, 165 free lectures.. . . . . . . . . . . . . . . . . . . . . . . . . . . .14-118 fruits, etc., hawkers and peddlers of.14-122, 172, 174 future delivery orders. . .14-130 gift enterprises.............. . . . . .14-120 goods soliciting............... . . . . . . .14-121 gas filling and piping. . . . . . . . . 15-504 hucksters, wholesale and retail. . . .14-172, 176 hawkers and peddlers. . . .14-122 hacks " .. .14-501 ice cream cone vendors. . .14-156 . 393 Licenses-Concluded Ch.-Sec. insurance companies; agents.... . . . .14-1123 itinerant; doctors, dentists, oculists, etc.... ..14-116 peddlers ..................,.......... .14-134 photographers ................... . .'14-136 . vendors of patent medicines. . . . . . . .14-124 junk dealers. . . . . . . . . . . . . . . . . . . . . . . . .14-701, 712 lightning rod agents.................... .14-125 lunch stands, street..................... .14-137 loud speakers.......................... .14-1201 menageries ....................... . . 14-112 merchandise, hawkers and vendors of. . . . . .14-122 merry go rounds........ ................ .14-126 milk ..............................20-103, 103A mind readers.......... . . . . . . .14-119 minstrels .............................. .14-112 moving picture shows. . . . . . . . . . . . . . . .14-128, 129 museums .. . . . . . . . . . . . . . .14-127 music machines.... . . . . . . . . . . . . . . . . .14-1101 negro minstrels......... ............... .14-112 nickelodeons ............ . . . . . . . . .14-128 oculists, itinerant........... . . . . .14-116 opera houses................ . . . .14-129 opticians, itinerant......... . .14-116 orders, future delivery. .14-130 palmists . . . . . . . . . . . . . . . . . .14-119 patent medicines; free lectures. .14-118 vendors of. . . . . . . . . . . . . . . . . . . .14-124 patent rights. ........... . . . . . .14-131 parades, street ......................... 14-143 pawn brokers.... ............... ..... . . . . .14-132 phrenologists .......................... .14-119 photographers, itinerant................. .14-137 peddlers; fruit, merchandise, etc.. . . . . . . . . .14-122 clothing, etc.. . . . . . . . . . . . . . . . .14-133 transient or itinerant. . .14-134 penny arcades. .14-135 plumbing .............. . . . . . . . . . 5-405 pool halls and tables. . . . .14-401 to 411 pop corn and peanut stands. . . . . . . . . . . . . .14-137 public dances............... 3-204, 14-301 to 306 public vehicles.. . . . . . . . . . . . . . . . . . . 14-501 to 515 taxi-cabs. . . . . . . . . . . . . . . . .14-601 to 619 shooting gallery............. . . . . . . .14-168 sidewalks stands. . . . . . . .14-137, 146, 158, 169 street stands. . . . . . . . . . .] 4-138, 146, 158, 169 street vendors........................... 14-144 summer theaters........................ .14-145 taxi-cabs. . . . . . . . . . . . . . . . . . . . . 14-601, 619 taxi-cab drivers. . . . . . . . . . . .. .. .14-613, 619 tent shows............................. .14-208 theaters ............................... .14-129 summer ............................. .14-145 tight rope performances. . . . . . . . . . . . . . . . . .14-112 trained animals.......................... 14-112 vendors; ice cream cone................ .14-156 itinerant. . . . . . . . . . . . . . . . . . . . . . . . . .14-121, 134 patent medicines...................... .14-124 street. . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-144, 169 vegetables; hawkers and peddlers of. . .14-122, 174 violation of ordinance, penalty. . . . . . . .14-150 wild west shows. . . . . . . . . . . . . . . . . . . . . . . . . .14-112 Light and Gas (for franchise, etc.) see 22-101 to 125 Lincoln Ave.; name of Pacific St. changed to. .26-606 Lincoln Street, name changed. . . . . . . . . . . .26-612 Litter and Trash (see trash). Loud Speakers, license. . .. . .. . . . . . . .. . . . .. .14-1201 M '. Ch.-Sec. GENERAL INDEX. 394 Mad ..Dogs. .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .1-101 M1mholes, breaking. . . . . . . . . . . . . . . . . . . . . .24-102 Ma1'ylIlount lWad.......................... .26-609 Mayor (see City Officers): ca:!l on citizens to assist police....... .19-117, U8 offer reward; violation of ordinance. . . . . . .15-101 proclamation; danger from mad dogs. . . . . . .1-101 Magazines; immoral or obscene publications. .15-141 Medicines, distributing or throwing samples. .15-137 Memorial Hall; property acquired. . .... . . . . . .8-107 trustees. . . . . . . . . . . . . . . . . . . . . . . . .6-501 to 6-504 Meters, electric. . . . . . . . . . . . . . . . .5-314, 5-324, 5-333 tampering with.......................... 22-601 Milk, Milk Products and Dairies: adulterated milk, sale of................ 20-102 air space in barns....................20-107-3R apparatus, clearing and treatment.... 20-107-12P handling of. . . . . . . . . . . . . . . . . . . . . . . .20-107-13P bactericidal treatment of containers and apparatus ....................... .20-107-12P bacteriological examination, infected premises .............................20-116 Bangs disease.......................... 20-106C barns, air space. . . . . . . . . . . . . . . . . . . . . . .20-107-3R floors ............................. 20-107-4R grading and draining. . . . . . . . . . . . . . . .20-107-6R lighting ........................... 20-107-2R ventilation ........................ 20-107-3R walls and ceilings.. .............. .. .20-107-5R bottling ........................ 20-107-24R-18P butter milk, ungraded........ ........... .20-107 cafes, sale of milk. . . . . . . . . . . . . . . . . . .20-110, 120 notice posted.......................... 20-120 eapping ....................... .20-107-24R-20P caps, storage of..................... 20-107-15P ceilings, barns and rooms......... .20-107-5R-IP certified milk............................ 20-107 cleaning of apparatus and containers. . .20-107-12P cleanliness of personnel.............. 20-107-22P clothing of personnel. . . . . . . . . . . . . . . . .20-107-20R contamination, protection from. . . . . . . . .20-107-5P containers, cleaning and treatment. . . .20-107-12P handling of ...................... .20-107-14P original, sale in required. . . . . . . . . . .20-110, 120 storage of........................ .20-107-13P cooling ........................ .20-107-23R-17P dipping milk. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20-110 disease, inspection and testing for. . . . . . .20-106A Bangs disease........................ 20-106C Tuberculosis .20-106B, 20-107-1R other diseases...................... 20-107-1R penalty ............................. 20-106D diseases, on farm or plant. . . .. .........20-113 in residences where delivered. . . . . . . . . . .20-110 disposal of waste. . . . . . . . . . . . . .20-107-11P doors and windows ......... . .20-107-3P draining, barns and yards. . . . . . . . . . . . .20-107-6R enforcement .................. .20-117 equipment, construction and repair. . . .20-107-10P examination of milk and products ......... 20-101l fees ........ .. . . . . . . . . . . . .20-103, t03A floors ........... ... .20-107-4RclP Milk,.Milk Products,. Dairies--Continued Ch.-Sec. .future dairies and plants. . . . , . .20"-115 . grading of milk. " . . . . . . . . . . . .,. . . .20-107 of barns and yards. . . . . . . . . . . .20-107-6R supplemental . . . . . . . . . . . . . . . . . .20-109 Grade A milk.......................... .20-107 Grade B milk.......... ..............20-107 Grade C milk......................... .20-107 Grade D milk........................... 20'-107 Grade A pasteurized... . . . . . . . . .20-107 Grade B pasteurized. . . . . . . . .20-107 Grade C pasteurized...... . . . . . . . . . . . . .20-107 hands, milkers..... .. .... .... .. . .20-107-19R hand washing facilities... . . . . .20-107-8P health of personnel.............. 20-107-25R-21P hotels, sale of milk.. ..... . ......... .20-110, 120 notice posted.......................... 20-120 infection, suspected on premises. . . . . .20-116 inspection .department. . . . . . . . . . . . .20-1J.9 inspection, of farms and plants. . . . . . . . . . .20-105 testing for disease..... . .20-106A limits of, milk from beyond. . . . . . . . .20-111 inspector .................... .20-119 interpretation of ordinance. . . . . . . .20-117 labeling and placarding. 20-104 lighting .......................... 20-107-2R-4P limits of inspection, milk from beyond. . . . . .20-111 manure, disposal of.................. .20-107-7R medical examination, infected premises.. .20-116 milk, removal of. . .' ................ 20-107-22R piping of........................... 20-107-9P milk house or room. .20-107-8R cleanliness of................ .20-107-9R milk stools....... . . .20-107-21R milkers hands. ." ...... .. .. . .20-107-19R milking .......... .20-107-17R flanks ..................... 20-107-18R misbranded milk, sale of. . . .20-102 overflow milk............... .20-107-19P parchment paper, storage of. 20-107-15P pasteurization 20-107-15P pasteurized milk.. . . . .20-107 penalty-diseases . . . . .20-107D general ..... .. . . . . . . . . . . .20-118 permits, fees. . . . . . . . . . . . .20-103, 103A revocation of permits.. . . . . .20-103 personnel, health....... .20-107 -25R-21P cleanliness ...... . . . . . . . . . .20-107-22P piping of milk. . . . . . .20-107-9P guaranteed residence, delivery to. . . .20-110 regrading of milk. . . .. .20-109 removal of milk. . . . .20-107-22R repasteurization .. . . . . . . .20-114 restaurants, sale of milk, notice posted. 20-110, 120 revocation of permits. . . .20-103 soda fountains, sale of milk .. .20-110, 120 notice posted . .20-120 spitting . . . . . .20-112 standards and specifications.. . . . . .20-108 stools ... ..........20-107-21R storage of containers. 20-107-13P of caps and parchment. .20.107 -15P supplemental grading . .20-109 testing for disease . .20-106A Tuberculosis .... .20-106B, 107-1R toilets ....... 20-107cl0R-6P teats, cleaning.. . .20-107-17R udders, cleaning .20-107-17R .~,~__,._~_,__H_'_____<_~""~"'-<_______" . . . GENERAL INDEX. Milk, Milk Products, Dairies-Concluded Ch.-Sec. ungraded milk, sale of.. . . . . . . . . . . . . . . . . .20402 ungraded buttermilk.................... .20-107 utensils ........................... .20-107-12R cleaning ......................... .20-107-13R bactericidal treatment............. .20-107-14R storage .......................... 20-107-15R handling . . . . . . . . . . . . . . . . . . .20-107-16R vehicles . . . .' . .. . . . '" . .. . .20-107-26R-23P name displayed on. . . . . .. .. . . . .20-107-26R-23P ventilation ........................ 20-107-3R-4P Vitamin D milk. . . . . . . . . . . . . . . . . . . . . . . . . .20-107 walls, barns and rooms.. . . . . . . . . . .20-107-5K-2P waste, disposal of.................. .20-W7-11P water supply. . . . . . . .' . . . . .20-107-11R-7P windows . . .. . " . ... .. . . .. . ... .. . .20-107-3P yards, draining and grading.......... .20-107-6R Minors, congregating or loitering in pool halls 14-409 under 19, playing in pool halls. . . . . . . . . . . .14-406 loitering or playing in streets.. . . . . . . . . . .15-132 using cigarettes or tobacco......... . . . . . .15-135 furnishing cigarettes or tobacco to. . . . . . . .15-136 permitting minors to frequent premises to use tobacco ........................... 15-136 Misdemeanors and offenses; in general. 15-101 to 174 animals; cruelty to.. .............. .1-218, 15-103 carcasses, in or through streets. . . . . . . . .15-166 dead; placing in sewers, in streets .15-167, 24-102 diseased; selling milk from.... .15-115, 20-102 picketing in streets, etc.. . . . . . . .1-201- to 1-203 running at large..... . . . . . . . . . . . . . . . . . . .1-204 trespassing; private grounds or sidewalks .1-211 alleys; placing earth, rubbish, etc. in. . . . . .15-165 amusements, permit from welfare board. 3-103, 104 amusement companies; violation of license ordinance ............................ .14-205 amusement parks, violation of license ordi- nance ............................... .14-211 aiding or abetting an escape. . . . . . . . . . . . . .15-175 ashes; storing.......................... .10-128 hauling over streets. . . . . . . . . . . . . . . . . . . .26-211 assault and battery. . . . . . . . . . . . . . . . . . . . . . .15-105 barns, lighting matches in. . . . . . . . . . . . . . . .10-122 barriers protecting excavations, removal of. 26-207 bawdy house..................... .15-201 to 207 BB guns prohibited; parent or guardian p~rmitting ..... . . . . . . . . . . . . . . . . . . .15-107, 109 bettmg .. .. .. . .. .. .. .... .... 15-122 bill boards, erected without permit. . . " . .5-727 bills on poles, tearing down. . . . . . . . . . . . . . .15-135 bicycles, on sidewalks, etc. (see bicycles' traffic rules).......................'.. 29-105 blank cartridge pistols prohibited. . .15-106, 15-117 boating on river. ...................... .15-153 bonfires; hours, districts. . . . . .. .... .10-110, 116 boiling pitch and tar. . . . . . . . . . . . . . . . . . . . .10-116 books; belonging to library, cutting, failing to return, or stealing............. .15-128, 130 boundaries; removal of stakes or monu- ments establishing.... . . . . . . .15-159 burning trash, litter, etc.. . . .. .. .10-110, 116, 118 building code, violation of. . . . . . . . . . . . . . . . .5-255 busses or stages; violation of license ordi- nance.. ....................... .14-701 to 719 busses; operating without license. . . . . . . . . .14-717 stop before crossing railroad tracks. . . . . 14-712 operating after license revoked........ .14-714 395 Mis4emeanors and Offenses-Continued Ch.-Sec. cabs, driver misinforming persons.. . . . .. .15-507 cars; hopping on. . . . . . . . . . . . . . . .. .15-145, 29-105 carcasses of animals, hauling through streets .............................. .15-166 cattle; picketing, running at large. . . . .1-201, 204 slaughter of, May 1st to November 1st.. .1-211 cellars, lighting matches in.. . . . . . . . . . . . . .10-122 cess pools; prohibited.......... . . . .5-465, 20-214 c~mnecting wit~ sewer. . . . . . . . . . . . .24-102, 15-465 cigarettes or CIgarette papers; furnishing to minors............................ .15-136 . minors smoking or using.............. .15-135 CIsterns, connected with sewers. . . . . . . . . . .24-102 combustible material; failure to remove . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . .10-101, 102, 103 stacking or exposing.................. .10-111 concealed weapons, carrying............. .15-173 cruelty to animals................ .15-103, 1-218 cut out open, driving with. . . . . . . . . . . . . .29-1,117 dances; without permit (see dances)....... 3-211 on Sundays, prohibited................ .14-309 dead animals; carcasses through streets.. .15-166 depositing in streets.................. .15-167 placing in sewers...................... 24-102 decayed food, selling.................... .15-115 defacing or injuring property. . . . . . . . .15-143, 145 on public streets...................... .15-145 diluted milk..................... .15-115, 20-102 dirt; hauling over streets. . . . . . . . . . . . . . . . .26-218 dise~s~d animals; selling milk from .15-115, 20-102 drIvmg through streets................ 15-166 diseases; infectious, spreading. . . . . . . . . . . . .20-203 failure to post signs................... 20-204 venereal, violation of restrictions. . .20-301, 319 disorderly assembly..................... 15-150 / disorderly conduct.............. .15-111, i4-1014 at dances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-206 at fires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-114 in pool and billiard halls.. . . . . . . . . . . . . .14-407 disturbing the peace. . . . . . . . . . . . . . . . . . . . . .15-112 dogs; at .large ~~ter mayor's proclamation. . .1-102 harbormg VICIOUS...................... .1-104 entering buildings, stores, theaters, etc.. .1-110 dO~!l spouts, d!rect into alley or street. .5-901, 902 drIvmg over fire hose. . . . . . . . . . . . . . . . . . . .15-119 driving while intoxicated................. 29-126 drivers of public vehicles (see general in- dex, drivers). driving while intoxicated.. . . . . . .14-619, 29-126 misinforming persons.................. 14-507 soliciting at depots................... .15-176 drugs; narcotic, possession and sale of prohibited. . . . . . . . . . . . . . . . . . . . . . . 15-401 to 405 drunkenness ........................... .15-113 earth, rubbish, etc., in streets and alleys. . . 15-165 hauling over streets. . . . . . . . . . . . . . . . . . . .26-218 . electric current; taking by means of unlaw- ful device............................. 22-602 electric wires, tampering with. . . . . . . .22-601 encroaching on streets or sidewalks. . . . . . . 15-H56 entering theaters, etc., unlawfully. . . . . . . . .15-126 escaping from officers.... ...... .. . ... ... .15-174 aiding or abetting in escape.. . . . . . .15-175 explosives. . . . . . . . . . . . . . . . . .10-127, 134, 29-1,121 exposure of person...................... .15-111 false fire alarms. . . . . . . . . . . . . . . . . . . . . . . . .10-123 feeding hogs in city. . . . . . . . . . . . . . . . . . . . . .15-104 396 GENERAL INlJEX. Mildemeanors anll Otfense~~mtih\led Ch.-Sec fil'ealarm sy~tem; breaki~ or eutting. . . .lQ-124 placing wires within ten inches .of. . . . . .10-125 fire armi, discharging in city........... .16-116 fire chief; persons refusing to obey. . . .9-114, 115 fire erackers and fire works prohibited in portion of city................. .15-127,14-901 fire department; refusing to aid. . . . . . . . . . .9-113 right of way in streets. . . . . . . . . .10-114, 29-152 taking property of...................... 9-112 fire hose, driving over.................. .15-119 fire hydrants, obstructing. . . . . . . . . . . . . . . . .10-115 firemen; obstructing or hindering. . . . . .9-106, 114 refusing to do duty..................... 9-111 fires; disorderly conduct at.. .... ., .... .. . .9-114 fireworks .............................. .14-901 flush tanks, breaking. . . . . . . . . . . . . . . . . . . . . 24-302 food; selling decayed or unwholesome. . . . . .15-114 selling diluted milk or milk from diseased animals....... .......... .15-115, 102, 20-102 fruit; stealing.......................... .15-161 gambling and gaming. . . . . .14-1013, 15-120 to 125 house; letting premises for..... . . . . . . . .15-120 keeping or maintaining house. . . . . . . . . . .15-121 police authorized to enter. . . . . . . . . . . . . . .15-121 reputation as evidence. . . . . . . . . . . . . . . . . .15-121 gambling devices in connection with carni- vals ................................. .14-202 games of chance. . . . . . . . . . . . . . . . . . . . . . . . .15-122 garbage; placing in sewers.............. .24-102 disposal, violation...................... 28-105 gas; taking by unlawful device.. .. . . .... .22-602 gas pipes, tampering with... . . . .... . . . .. .22-601 gasoline; sale in ~treets, prohibited...... .10-210 curb filling stations, prohibited. . . . .10-212, 213 tanks, construction of, violation. . . . . . . . .10-201 glass in streets.................. .15-168, 29-196 goats, running at large. . . . . . . . . . . . . . . . . . . . 1-204 grades; stakes establishing, destruction of. .15-154 guns; BB prohibited.................... .15-107 blank cartridge. . . . . . . . . . . . . . . . . . . .15-106, 117 parents permitting.................... .15-109 discharging in city.. . . . . . . . . . . . . . . . . . . .15-116 carrying concealed.................... .15-173 gun powder; storing. . . . . . . . .10-127, 134, 29-1,121 gutters; connected with sewers. . . . . . . . . . . .24-102 hauling stone, coal, rubbish, etc., over streets ...............................26-207 hay; stacking in certain districts. . . . . .10-120, 127 hedge fences along streets and alleys. . . . . .26-214 hogs; running at large. . . . . . . . . . . . . . . . . . . .1-204 feeding in city. .. .. .. .. . .. .. .. . .. .. .. .. 15-104 hopping railroad cars................... .15-146 horses; picketing in streets, running at large. . . . . . . . . . . . . . . . . . . . . . . . . . . .1-201 to 204 hitching to trees...................... .15-171 hose, driving over. . . . . . . . . . . . . . . . . . . . . . . .15-119 house; gambling. . . . . . . . . . . . . . . . . . . . .15-123, 124 of ill fame; prostitution.. . . . . . . .15-201 to 207 hydrants, fire; parking by.. . . . . . . . . . . . . . .29-170 injuring ..............................15-145 opening of, meddling with. . . . . . . . . . . . . .15-145 obstructing ...........................10-115 ice, removal from sidewalks............. .15-157 immoral conduct. . . . . . . . . . . . . . . . . . .15-201 to 216 publications devoted to.. . . . . . . . . . . . . . . .15-141 Mislleroeanors- anll Otflllns.s.....Continued Ch.-Sec immoral purposes; using. taxi-cab for. . . .. . . . . : . . . . . . . . . . . . . . . . . . . .14-611, 16-214, 215 occupymg room for................... .15-212 infectious diseases; spreading............. 20-203 failing to post signs. . . . . . . . . . . . . . . . . . . .20-204 indec~mt exposure....................... .15-111 indecent language. . . . . . . . . . . . . . . . . . . . . . . .15-111 indecent literature....................... 15-141 injuring trees.. . . . . . . . . . . . . . . . . . . . . . . . . . .15-171 injuring or defacing property. . . . . . . .15-143, 145 on public streets......... . . . . . . . . . . . . . .15-144 intel'fering with railroad property....... .15-146 intoxication.................... .14-1014, 15-113 intoxicating liquor (see index under intoxi- cating liquors) . . . . . . . . . . . . . . . . . . .15-301 to 319 junk dealers; operating without license. . . .14-702 violation of ordinance relating to. .14-701 to 711 junk; sale of within 48 hours from pur- chase ................................ .14-711 library; cutting or mutilating books, etc.. .15-128 failing to return books.. .,. . . . .. . . . . . . .15-12~ stealing books from. . . . . . . . . . . . . . . . . . . .15-128 licenses (see general index under licenses). license plates; changing................. .14-511 failure to display.. . . . . . . . . . . . . .14-510, 29-10~ liquors (see general index under intoxi- cating liquors). loitering; in post office.................. .15-140 in public places; vagrancy.. . . . . . . . . . . . .15-172 manholes, breaking.. . . . . . . . . . . . . . . . . . . . . .24-102 matches, lighting in barns, cellars, etc.. . . .10-122 magazines, indecent or scandalous matter. .15-141 mayor offer reward for conviction. . . . . . . .15-101 medicines, throwing or distributing samples.15-137 meters, tampering with. .. . . . . . . .' . . . ... . .22-601 milk (see index of milk and dairy products). minors; playing or loitering in pool halls. .14-406 loitering or playing on streets. . . . . .15-132, 133 furnishing cigarettes or tobacco to. . . . . .15-136 using cigarettes or tobacco. . . . . . . . . .15-135 money, stealing under $20.00. . . . . . . . . . . . . .15-160 monuments, establishing grades or bound- aries of, removal of. . . . . . . . . . . . . . . . . . . .15-159 mules, picketing on streets, running at large, etc.. . . . . . . . . . . . . . . . . . . . . . . .1-201 to 204 newspapers, publishing indecent or scan- dalous matters. . . . . . . . . . . . . . . . . . . . . . . . .15-141 narcotic drugs; possession and sale pro- hibited. . . . . . . . . . . . . . . . . . . . . . . . . . . .15-401, 404 occupying room for immoral purpose. . . . . .15-213 obscene language................ .15-111, 14-407 obscene literature....................... .15-141 offal; hauling through streets. . . . . . . . . . . . .15-166 placing in sewers............... .24-102 officer; resisting..... .................. .15-149 escaping from.................... .15-174 oil and grease in sewers........ ........ .15-154 parking (see traffic). patent medicines; distributing or throwing samples ...................... . . .15-137 pavements; driving rod or stake through. .26-109 removing protecting barriers.. 26-115, 116, 207 using while under construction. . .26-208 penalties, when no other prescribed. . . .15-102 pimps. . . . . . . 15-209, 211 pipes; water or gas, tampering with. . . . . .22-601 . . . GENERAL INDEX. Misdemeanon and Offenses-Continued Ch.*Sec. pistols; blank cal.tridge. . . . .. ....15-106, 117 discharging in city. . . .15-116 pitch, boiling prohibited................. .10-107 plumbing code, violation of. . . . . .. . . . . . . . .15-491 poles; posting bills on. . . . . . . . . . . . . . . . . . . .15-138 signs on, or attached to. . . . . . . . . . . . . . . . . .5-606 police; citizens refusing to assist........ .19-117 pool halls (see pool and billiard halls). posters and hand bills; on poles, tearing down. . . . . . . . . . . . . . . . . . . . . . . . . 15-138, 139 post office; loitering in, profane language in ................................... .15-140 prisoners; escaping from officers........ .15-174 processions; vehicles passing through. .29-105, 191 procurer or procuress. . . . . .. . . . . . . . . .15-209, 211 profane language............. . .15-111, 14-407 property; injuring or defacing. . . . . . . . 15-143, 145 stealing under $20.00. . . . . . . .15-160 prostitution (see immoral conduct) .15-201 to 215 public dances (see dances) . . . . . . . . " 3-103, 3-202 publications; immoral or obscene matter. . .15-141 public vehicles (see public vehicles; drivers of) . . . . . . . . . . . . . . . . . . . . . .14-511 to 520 railroad cars; hopping on . . . . . . . .15-146 obstructing street..................... .15-147 railroad crossings; busses and stages stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-160, 161 cars obstructing streets. . . . . . . . . .29-163, 15-147 vehicles obey stop signals............. .15-148 receiving stolen property. . . . . . . . . . . . . . . . .15-162 resisting officer........................ .16-149 reward, mayor may offer. . . . .15-101 rioting, participating in................. .15-150 river, boating on. . . . . . . . .15-153 salt water on pavements................. .16-151 sewers; connecting with cesspools, gutters, etc. ... . . . . . . . . . . . . . . . . . . . . . . . . .24-102 breaking or obstructing.... . . . . . . . . .24-102 construction of, violation of ordinance. . .25-106 oil and grease in. . . . . . . . . . . . . . . . . . .15-154 sidewalks; driving over................ ,. .15-158 obstructing ...........................15-156 removal of snow and ice from. . . . . . . . . . . 15-157 sweeping into or upon. . . . . .15-164, 28-101, 110 signs; violation of ordinance relating to. . . .5-612 on trees or poles in street..... . . . . . . . . . .5-606 slot machines........................... .15-123 smoke. . . . . . . . . . . . . . . . . . . . . . . . . . . .16-109 to 115 snow; removal from sidewalks. . . . . . . . . . . . .15-157 speed limits; vehicles (see traffic code). stakes establishing grades, etc.; removal of .15-169 stealing; books, etc., from library. . . . . . . . .15-128 fruit .. . . . . . . . . . . . . . . . . . . . . .. . .15-161 money or property under $20.00. . . . . . . . .15-160 stolen property; receiving............... .15-162 stove pipes. . . . . . . . . . . . . . . . . . . .15-110 streets (see general index under streets). Sundays; playing pool or billiards on. . . . . 14-405 public dances on................... " 14-309 sales of merchandise on............... .15-170 tar, boiling prohibited. . . . . . . . . . . . . . . . . . .10-116 taxi-cab (see general index under taxi-cabs). theaters; hose, fire extinguishers, stand pipes . . . . . . . . .10-111, 6-233 theaters, entering unlawfully....... . .15-126 Misdemeanors and OffenseS-Continued Ch.-Sec. traffic rules (see general index-trafficl'ules). tractor engines, threshing. machines, etc., . on streets.............................. 26-219 trash; disposal of. . . . . . . .10-110, 28-101 to 107 placing in streets. . . . . . . . . .10-110, 15-164, 165 trees; signs on or attached to............. .5-606 injuring, hitching horses to, etc.. . . . . . . . . . .16-171 unwholesome food; selling............... .15-114 vehicles (see general index under traffic rules). vagrancy .............................. .15-172 venereal diseases, violation of ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20-301 to 319 waste and offensive matter; disposal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28-101 to 107 wires in streets. . . . . . . . . . . . . . . . . . . . . . . . . . .5-904 wires (see electrical code). of public utilities, tampering with...... 22-601 weapons, carrying concealed ............ .15-173 water meters or pipes; tampering with. . . .22-602 water; taking by unlawful device. . . . .22-602 wooden culverts and runways in streets. . .26-223 Morrisons 3rd Addition, block 1 and parts of blocks 2, 3 and 4 replatted. . . . . . . . . . . . . .18-103 Motor Vehicles (see vehicles; traffic). Monuments establishing grades or boundaries, removal of............................. .15-159 Municipal Band. . . . . . . . . . . . . . . . . . . . . . .2-101 to 104 Music machines, license................... .14-1101 N Narcotic Drugs; possession and sale. . . . .15-401, 406 Nuisances, abatement and removal of . . . . . . . . . . . . . . . . . . . . .16-101, 104, 107, 20-208 animals, running at large. . . . . . . . . . . . . . . . . 16-105 barbed wire fences.. . . . . . . . . . . . . . . . . . . . . .16-106 buildings, unsafe or unsanitary............ 5-271 cattle, keeping in city. . . . . . . . . . . . . . . . . . . . .1-216 dead animals, filth, etc., in streets.. . . . . . .16-167 garbage, litter, etc.. . . . . . . . . . . . . . . . . . . . . . .28-106 rank grass, weeds, etc................... .16-103 standing and stagnant water............ .16-103 signs contrary to ordinance. . . . . . . . . . . . . . . .5-610 smoke. . . . . . . . . . . . . . . . . . . . . . . . . . . .16-108 to 115 trash, etc.. . . . . . . . . . . . . . . . . . . . . . . . . . .28-106, 115 trees, dead limbs, etc.. . . . . . . . . . . . . . . . . . . .35-105 Numbering of houses. . . . . . . . . . . . . . . . . . . . . . .26-501 o Oakdale Park, in City Limits. . . . . . . . . . . . . . . .7-268 entering without permit, during entertain- ment ................................ .15-177 lease agreement covering use by city .17-301 to 318 Offal; placing in sewers.. ................. .24-102 hauling through streets.................. 15-106 oil and grease in sewers................ .16-154 Officer; resisting......................... .16-149 escaping from.......................... .15-166 Oil Tanks; construction of. . . . . . . . . . .10-201 to 210 Olive Street, name changed. . . . . . . . . . . . . . . . .26-612 Original Townsite..... . . . . . . . . . . . . . . . . . . . . . .7-201 additions to (see city limits). . . . . . . . . . . . . .7-202 397 P Ch.-Sec. . GENERAL INDEX. 398 Pacific Street; name changed to Lincoln Ave.. 26-706 . Packing material; how stored. . . . . . . . . . . . . . .lQ-120 Parades, licenses........................... 14-143 Peddlers and Hawkers (see licenses). Parents 01' Guardians; permitting BB guns. .15-109 permitting minors to loiter or play, streets .15-133 Parking Cars on streets. . . . . . . . . . . . . . . . . . . ; 29-107 all night, prohibited. . . . . . . . . . . . . . . . . . . . . .29-221 Parkings; vehicles not to cross. . . . . . . . . . . . . .29-105 Parks; City 1'''ark..........................17-501 Kenwood Park....................17-10l to 107 Highland Court (Sunset)................ .17-401 Oak dale Park.................... .17-301 to 318 Riverside Park..... .. .. .. .. .. .. .. .17-201 to 204 Thomas Park........................... .17-601 Pasteurized Milk (see index milk and dairy products) Patent Medicines; free lectures, licenses. . . . .14-118 vendors of, licenses..................... .14-124 distributing or throwing samples. . . . . . . . . .15-133 Pawn Brokers, license.. . . . . . . . . . . . . . . . . . . . .14-137 Paving; barriers, protecting. . . . . . . .26-112, 113, 207 excavations in (see general index under excavations. . . . . . . . . . . . . . . . . . . . . .26-101 to 117 excavations in streets to precede. . . . . . . . . .26-111 not broken for one year after laid. . . . . . . .26-111 rod or stake driven through, prohibited. . . .26-109 using while protected by barrier.. . . . . . . . .26-208 service pipes laid prior to. . . . . . . . . . . . . . . .26-301 Permits; amusements....................... 3-103 area ways and stairways in streets. . . . . . . .26-210 bill boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-705 buildings. . . . . . . . . . . . . . . . . . . .5-201, 217, 219, 273 cesspools . . . . . . . . . . . . . . . . . . . . . . . . . . .5-465 dances, dance halls. . . . . . . . . . .3-103, 104, 204, 207 electric wiring... . . . . . . . . . . . . . . . . . . .5-307, 307 A excavations .................... . . . .26-102 gas piping.. . . . . . . . . . . . . . . . . . . . . . . . . . . .5-502 house moving............................. 5-801 parades, processions............. . . . . .29-189 plumbing ......................... .5-406 removal of paving. . . . . . . . . . . .5-407, 26-101 septic tanks.. . . . . . . . . . . . . . . . . .5-465 sidewalks, obstruction of in building. . . . . . .5-245 signs .. . .. .. .. .. .. . . 5-601 streets, obstruction of in building. . . .5-245 theaters, theatrical entertainments, etc..... 3-103 Pest House. . . . . . . . . . . . . . . . . . . . . . . .20-205 Pistols; blank cartridges, misdemeanor. .15-106, 117 carrying concealed...................... .15-173 discharging in city. . . . . . . . . . . . . . . . . . . . . . .15-116 Planning Commission. ...............6-401 to 409 Plats and Additions (see City Planning Com- mission): approval by planning commission and board of commissioners. . . . .6-405, 406 blocks replatted and lot frontages changed .... .18-101 to 103 Plumbers Examing Board. .5-472 to 479 arbitration by board...................... 5-476 board of examiners. . . ......... . .5-474 board of health .5-479 certificate required.... . . . . . . . . . . . . .5-472 certificate issued. . . . . . . . . . . . . . . . . . . . .5-475 certificate; reviewed yearly............... .5-475 examination by board. . . . . . . . . . . . .5-473 examination, scope.. ................ .5-475 Plumbers Examining Board""'-continued Ch.-Sec. feu . . . . . . . . . . . . . . . . . . . . . . . .5-475 plumi.-ers certificate required.............. 5-472 rules and regulations. . . . . . . . . . . . . . . . . . . . . .5-477 Plumbing Code:. . . . . . . . . . . . . . . . . . . . . .5-401 to 495 air conditioners, waste from. . . . . . . . . . . . . . .5-445 application for permit. . . . . . . . . . . . . . . . . . . . .5-406 bond and license. . . . . . . . . . . . . . . . . . . . . . . . . .5-408 brass pipe........................... 5-416, 417 brass pipe to cast iron. . . . . . . . . . . . . . . . . . . . .5-417 bolts--expansion, toggle................... 5-421 back water valves. . . . . . . . . . . . . . . . . . . . . . . . .5-443 blowoffs .................................5-432 bond ....................... uU. . . . . . . . . . .5-408 bowls-water closet. .... ...... .... . .5-449 bath tub--traps. . . . . .. ... . .. .. ... . . ... . . . .5-458 cast iron pipe-joints. . . . . . . . . . . . . . . . .5-410, 411 cesspools ................................5-465 change in direction................... 5-425, 426 cleanouts and traps....................... 5-422 cleanouts-size ...........................5-423 closet-frost proof........................ 5-450 closet-flanges .................. ........5-451 closet-flush pipe................. . . . .5-460 closet-lead connection............. . . . . .5-451 closet-material of.................. .5-448, 449 coating-pipe and fittings......... . . .5-411 conductors, connection with prohibited. . . .5-433 connections. . . . . . . . . . . . . . . . . . . . . . . ..5-408, 409 connections with conductors prohibited. . . . . .5-433 covering work............................ 5-461 curb-drain ..............................5-430 defective plumbing........................ 5-405 defective work...................... . . . . . . 5-463 definition ................................5-401 direction-change of...................... 5-425 drainage--excavation .................... .5-427 drip pipe connection. . . . . . . .5-432 drain traps-for bath tubs. . 5-458 drain-to curb......................... . 5-430 earthenware pipe............. .5-410 earthenware yard drain. . .5-431 expansion bolts,.,........... .5-421 excavation~rainage ...,. .5-427 exhaust-blowoff ........ ........ .'5-432 fees .................... ,5-403 fittings-prohibited, in waste line, . . . . . ,5-426 fixture-grounds ........ . ,5-452 floor drains..., . 5-422 flanges--closet ..........., .5-451 frost proof closets...... .5-450 galvanized iron to C. I. pipe. . . .5-417 garage--waste .................. . 5-447 grade--horizontal pipes. . . .5-424 horizontal pipe-grade . . . . . . . . . . . . .5-424 house--sewer ........... . 5-431 inspection. . . . . . . . . . . . . . . 5-402, 404 inspection-special permits . . .5-466 iron pipe-galvanized..,. 5-416 iron pipe-to lead. . . . . ,5-419 joints-water tight. . . ,5-410 joints. ...... ... 5-415, 418 joints-prohibited . . . . . . . . . . .5-420 kitchen sink-waste., .5-446 latrines, prohibited...... . .5-449 lead pipe--weight.. . .5-413 lead-sheet . . .5-414 lead pipe joints. . . . . . . . . . . . . . . . . . . . . .5-418 . . . GENERAL INDEX. Plumbing Code-Continued Ch.-Sec. lead to iron pipe. . . . . . . , . . . . . .'. . . ..5-419 lead connections~loset...............:,. .5-451 level of trap. . . . . . . . . . . . . . . . ..5-422 license and bond. . . . . . 5-408 main vent.... . . . . . . . . . . . . . . . . . . . . . . . . .5-448 ma terial~loset bow Is, urinals... . . . . . . . . . .5-455 old house sewer. . . . . . . . . . . . . . . .5-429 overflow-connection .................... .5-431 paving-permit for removing....... . . . . .5-407 penalty . . . . . . . . . . . . . . . . .5-491 permit ................ . . . . . . . . . 5-406 pits-sump in basement.................. .5-447 pipe-cast iron, steel. . . . . . . . . . . . .5-411, 412 pipe-sewer ......... . . . . . . . . . .5-410 pipe-lead-weight .......................5-413 pipe-cast iron joints.... ................5-415 pipe-galvanized, joints. . . . . . . . . . . . . .5-416 pipe-brass, joints. . . . . . . . . . . . . . . . . .5-416 pipe-horizontal grade. .5-424 pipe-soil and waste. . . " .. .. " . . .. . .5-434 prohibited-joints . . . . . . . . . . . . .5-420 prohibited-fittings .5-426 prior-plumbing .................... .5-467 removal of paving, sidewalk. . . . . . .5-407 revent pipe-stack. .... ........ ... .5-436 refrigerator waste........................ 5-444 repairs .. . . . . . . . . . . . . . . . . . . 5-464 septic tank ........... . . . . . . . . . . . . . .5-465 sewer pipe............................... 5-431 sewer--old house . . . . . . . . . . . . . . .5-429 sewer-house ... . . . . . . . . . . . 5-431 sheet lead. . .5-414 soil pipe-waste and vent. . . .5-434, 435 special permit. 5-466 stack support. . . . . . . . . 5-428 stack-revent .. . . . . . . . . . . .5-436 supply-to fixtures. . . . . .5-459 supply-to water closet. . . . . . . . . . .5-460 sump pits in basement. . . . . . . .5-442 terminal-vent . . . . . . . . . . . . . . . . . . .5-437 terminals, adjoining high buildings. . .5-438 toggle bolts............. . . . . .5-421 traps and cleanouts. .5-422 traps-seals visible.. 5-456 underground drains. . . . . . . . . . . . .5-429, 431 urinals .......................5-451 urinals-materials and supply ...5-448, 449, 453 urinals-groups . .5-454, 455 urinal-supply ....... . . . . . . . . . . . . . .5-460 ventilator-prohibited .........,..........5-462 vent pipe-soil. . ... ... ...... .5-434,435 vent-length from trap. . . . . . . . . .5-439 vent.,--main . . . . . . . . . . .. . . . . .5-440 vent-grade and connections.... . . . .5-441 vent-traps . . . . . . . . . . . . . . . .5-440 ventilators . . . . . . . . . . . . . . .5-462 visible trap seal. . . . . . . . . .5-456 water tight joints. . . . . . . . . . . . . . . . . . . . . . . . .5-410 water seal. . . . . . . . . . . . . . . . . . . . .5-422 waste pipe-soil-size................ 5-434, 435 waste-from air conditioners and water softeners waste--refrigerator waste-kitchen sink waste-garage and stable. water closet-material. 5-445 . . 5-444 . 5-446 '.. .5-447 . . .5-448, 449 399 Plu.mbing Code-Continued Ch.-Sec. water supply-fixtures. . . . . . . . . . . . . .5-459, 460 water service-from main................. 5"409 water softeners, waste from. . . . . . . . . .5-'445 weight-of lead pipe... . . . . . . . . . . .5-413 Plumbing Inspector (see plumbing code) . . . . . .5-501 Pool and Billiard Halls; licenses.. . . .14-401 to 411 application for license.................. .14-402 playing on Sunday...................... .14-405 minors under 19, playing prohibited. . . . . . .14-406 minors not to loiter or congregate in. . . . . .14-406 profane language, disorderly conduct in. . . 14-407 Poor; Welfare Board to investigate.......... .3-105 Public Dances (see dances). . . . . . . . . . . .3-201 to 212 Poles; Posting Bills on. . . . . . . . . . . . . . . . . . . . .15-138 signs on or attached to. . . . . . . . . . . . . . . . . . . .5-606 of electric light company. . . . . . . . . . . . . . . . .22-108 painting of required..................... 22-606 prohibited in certain districts. . . . . . . . . . . . .22-608 removal of in certain districts. . . . . . . .22-611, 612 Police (see Police Department; City Officers. Police Court; Fines, Default in Payment of .19-201 collection of, levy on property. . . . . . . . . . . . . 19-202 prisoners work out fines. . . . . . . . . . . . . . . . . .19-203 confined, meals, refusal to work. . . 19-204 to 206 witnesses, fees... . . . . . . . . . . . . . . . . . . . . . . . .19-207 Police Department (see Chief of Police; City Officers) . . . . . . . . . . . . . . . . . . . . . . . . .19-101, 118 duties of chief. . . . . . . . . . . . . . . . . . . . . . .19-102, 103 enforce ordinances...................... .19-105 desk sergeant.......................... .19-110 authority to enter houses. . . . .15-121, 207, 19-106 duties of policemen. . . . . . . . . . . . . . . . . . . . . . .19-108 call on citizens for assistance. . . . . . . . . . .19-117 personnel .............................. .19-110 refusal to assist police. . . . . . . . . . . . . . . . .19-118 salaries of police. . . . . . . . . . . . .6-304, 19-111 wear badges............................ .19-109 Police Vehicles, right of way, streets 29-101,131, 152 Pool Halls.... . . . . . . . . . . . . . . . . . . . . . . 14-401 to 414 Post Office; lounging or loitering in, profane language .............................. .15-140 Prescotts Addition, in City Limits. . . . . . . . . . . .7-275 Prisoners, aiding in escape of............. .15-175 escape from officer. . . . . . . . . . . . . . . . . . . . . . .15-174 confinement of. . . . . . . . . . . . . . . . . . . . . . . . . . . 19-204 meals .................................. 19-205 refusal to work, penalty. . . . . . . . . . . . . . . . . . 19-206 work out fines. . . . . . . . . . . . . . . . . . . . . . . . . . .19-203 Processions. . . . . . . . . . . . . . . . . . . . . . . . . . . .29-189, 190 vehicles or persons not to pass through. . .29-191 Public Health; general regulations. . . .20-201 to 218 cesspools, prohibited..................... 20-214 cleanse premises and abate nuisances..... 20-208 connection with sewers required.......... 20-216 infectious diseases, spreading............. 20-203 milk (see milk and dairy products). pest house.............................. 20-205 posting signs of infectious diseases....... 20-204 sanitary and health officer, references to committees ...........................20-202 small pox, spreading..................... 20-203 stagnant water, disposal of. . . . . . . . . . . . . . .20-211 vaccination provided by city... . . . . . . . . . . .20-206 venereal diseases (see index under venereal diseases) . Ch.-Sec. GENERAL INDE~. 400 Public Utilities: bus franchise. . . . . . . . . . . . . . . . . .22-401 to 416 electric light power & gas franchise. 22-101 to 125 assignment to Salina Light Power & Gas Co.. . . . . . . . . . . . . . . . . , . . . . . . . . . . .22-123, 304 extension of main and lines. . . . . . . . . . . . .22-118 extension of franchise term. . . . . . . . . . . . .22-103 excavations in streets, repairs.......... 22-107 lighting streets.. ........... ...... .22-301, 304 location of street lights................ 22-301 meters, inspection...................... 22-1,16 maintain works........................ 22-106 police protection....................... 22-117 rates commercial lighting. . . . . . . . . . . . . . .22-111 residence lighting.................... 22-110 secondary power..................... 22-112 changed by city. . . . . . . . . . . . . . . . . .22-114, 115 term of franchise. ... . . . . . . . . . . . . . . . .22-102 use of streets. . . . . . . . . . . . . . . . . . . . . . . . . .22-106 wires and poles. . . . . . . . . . . . . . . . . . . .22-108, 109 natural gas, franchise. . . . . . . . . . . . . .22-201 to 218 miscellaneous regulations: employees may inspect meters, etc...... 22-604 painting of poles required. . . . . . . . . . . . . .22-606 poles; in certain districts prohibited. .22-608 in certain districts removed.... .26-611 tampering with meters, wires, pipes, etc.. 22-601 underground wires required. . . .22-609 unlawful devices. . . . . . . . . . . . . . . . . . .22-602, 603 trees, light and telephone companies may trim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-613 miscellaneous franchises and grants: to W. E. Whittaker for poles and wires. .22-501 to Shellabarger Mill and Elevator Co. for poles and wires. . . . . . . . . . . . . . . . . .22-504, 506 to John L. Bishop, drain or water pipe . . . .. .. .. 22-507, 510 to Swift & Co., loading dock. . . . . . .22-511 to Firestone Tire & Rubber Co., gasoline pipe line. . . . . . . . . . . . . . . .22-512 to 518 Public Vehicles (see also Drivers of Public Vehicles): drivers names posted; in taxi-cabs. . .' .. .14-617 licenses for, in general. ........... .14-501, 522 taxi-cabs. . . . . . . . . . . . . . . . . . . .14-601 to 629 license plates; furnished by city clerk. . .14-509 display of, required. .. ..... .14-510, 29-109 changing; licenses forfeited. . .14-511 rates for licenses. ........... .14-504 taxi-cabs, general regulations. .14-601 to 649 Public Welfare (see Board of Public Welfare) . . . . . . . . . . . . . .3-101 to 211 Q .26-212 Quincy Street. . . R Radio interference. . .5-334 Railroad A venue, name changed ...........26-213 Railroad cars, hopping on, misdemeanor. .15-145 obstructing streets..... .15-146 Railroad crossings; vehicles obey stop signals .15-;1.47 construction and maintenance of, at street I intersections ............ ......26-401 to 405 vehicles required to stop at. . . . . . . . . . .29-160, 161 Ch.-Sec. .Railroad property, interfering with........ .15-146 Railroad Rights of Way: A. T. & S. F. Railway. .. . . . .. .23-201, 1009, 701 C. K. & N.Railway Company (Rock Island) .23-101 C. K. & W. Railroad Company (Santa Fe). .23-201 C. R. 1. & P. 23-301, 101, 1003, 1004, 1006, 1009, 1010 Kans. & Colo. Railroad Co. (Mo. Pac.). . . .23-401 Kans. & Colo. Pac. Ry. Co. (Mo. Pac.) . . . . .23-501 Mo. Pac. R. R. Co.. . . . . . . . . . . . . . . . . . . . . . . 3-601, 23-401, 501, 1002, 1004, 1005, 1009, 1010 Salina Northern Ry. Co. (Santa Fe).. ... .23-701 Salina & Southwestern Ry. Co. (U. P.) . . . .23-801 Union Pacific Ry. Co.. .23-901,801,1009 Railroads; contracts with city and ordinances relating to Union Station. . . . . . . . .23-1001 to 1010 Reward; mayor may offer. . . . . . . . . . .15-101 Rioting; participating in. . . . . . .15-150 Riverside Park, acquired by city. . .17 -201 to 204 Rush Street.. . . . . . . . . . .26-607 S Salina Light Power & Gas Franchise. .22-101 to 125 Sanitary and Health Officer. office created. ...&-&H .. ~. offiee combined with city engineer. . . . . . . . .6-221 duties; r~port a?d abate nuisances. .16-10~20-208 make mspectlOns. . . . . . . . . . . .' .........20-207 references to committee on public health; deemed to refer to.............. ... .' .20-202 Salaries (see city officers). . . . . . . . . . . .6-301 to 310 Sanitary conditions, in buildings (see public health) ............................ . .5-271 Search Warrant Issued. . . . . . . . . . . 15-307 Seitz Street; name changed from Tenth St. .26-604 Service Pipes; laid in streets prior to paving . . . . . . . . . . . . . . . .26-301, 304 Sewers; (see plumbing code). connections with cisterns, cesspools, gutters, etc., prohibited. . . . . . . . .24-102 damaging ...............................24-102 flush tanks, breaking........ .24-102 obstructing . . . . . . . . . . . . . . . .24-102 oil and grease in. . . . . . . .15-154 placing dead animals, garbage, filth or offal in..... ........ .. .. .. .. .24-102 right of city to connect with private drain .24-101 Sewers; Special Permits: Union Pacific, across certain streets...... 24-201 sewer under right of way at Elm. .24-406 W. Reimold, sewer in 11th Street. ..24-206, 208 Sewer Service Pipes; laid prior to paving . . . .. . . . . . . . . . . . . . .26-301 to 304 Shellabarger Mill & Elevator Co., electric line. 22-504 Short Street, name changed. . . . .26-617 Sidewalks; animals trespassing on. .1-211 barriers protecting; removal of. . . . . . .26-207 - bond. . . . . . . . . . . . . . . .. ..... . . .25-105, 108 city engineer prepare plans, specifications. 25-101 city may construct and assess costs. . . . . . .25-102 constructed when ordered. . . . . . .' ........25-101 constructed according to plans of city engi- neer . . . . . . . . . . . . .25-106, 107 destruction of. . . . . .15-158 encroaching on. .15-156 - excavating for plumbing.... .5-407 inspection . . . . . . . . .25-109 . . . Gl!:NE:RAL INDEX~ Sidewalks; Animals Trespassin&'-,Concl. Ch.-Sec. method of construction............ . . . . . . .2o~107 occupation of; while building. . . . . . . . . .5-245, 247 obstructing .............................. 15-156 protection of; while building. . . . . . . . . . 5-245, 247 l'emoval of snow and ice from. . . . . . . . . . . . .15-157 riding or driving over. . . . . . . . . . . . . . . . . . . .15-158 vehicles not to cross..................... 29-105 width, Ash Street, 7th to 9th. . ..... . . . ... .25-112 Signs; application for permit............... .5-602 attached to awnings or marquees. . . . . . . . . . .5-23a construction ............................. 5-60a fees .....................................5-602 flat against building.......... . . . . . . . . . . . .5-605 height above street. . . . . . . . . . . . . . . . . . . . . . . .5-604 hinged brackets.. . . . . . . . . . . . . . . . . . . . . . . . . .5-607 inspection and approval. . . . . . . . . . . . . . .5-608, 609 metal or noncombustible material required. .5-603 nuisances, abatement...................... 5-610 permits required.......................... 5-601 poles in streets or park way, signs on ......5-606 projecting signs . . . . . . . . . . . . . . . . . . . . . . . . . . 5-604 removal of signs. . . . . . . . . . . . . . . . . . . . . . . . . .5-609 swinging on poles, prohibited. . . . . . . . . . . . . . .5-606 supported by rods, when permitted.. . . . . . .5-611 trees, signs attached to; prohibited........ 5-606 unsafe signs removed...... .......... .5-609,610 violation of ordinance, penalty. . . . . . . . . . . . .5-612 Smoke, regulation .....................16-108, 116 Snow and ice, removal from sidewalks. . . . . . .15-157 Soliciting by prostitutes. . . . . . . . . . . . . . . . . . . .15-208 South Park Addition, names of streets in, changed ............................... .26-701 Stealing; books, etc., from library. . . . . . . . . . .15-128 fruit .................................. .15-161 money or property under $20.00. . . . . . . . . . .15-160 Stolen property, receiving................. .15-162 Stove Pipe, through sides or roof of building, prohibited ............................. .15-110 Street lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-301 Street Numbering. . . . . . . . . . . . . . . . . . . . . . . . . .26-501 Streets: areaways in............................. 26-210 barriers protecting side walks or paving; removal of. . .............. .26-112, 113, 26-207 carcasses of animals; diseased animals; hauling through...................... .15-166 cutting curb; for drive ways. . . . . . . . .26-201, 204 permit required........................ 26-201 specifications of city engineer. . . . . . . . . .26-202 downspouts into; direct drain, prohibited. 5-901, 902 dead animals, depositing in. . . . . . . . . . . . . . .15-166 derricks in. . . . . . . . . . . . . . . . . . . . . . . . . . .5-248 encroaching on. . . . . . . . . . . . . . . . . . . . . . . . . . .15-156 excavations in; in general. . . . . . . . . .26-101 to 117 applications for permit. . . . . . . . . . . .26-102 by electric light and gas company. . .22-107, 202 barriers for protecting public. . . . . . .26-112, 113 bracing to prevent caving in. . . . . . . . . . . .26-112 deposits required. . . . . . . . . . . . . . . . . . . . . . .26-104 kept by city clerk, returned. . . . . . . . . . .26-107 directions of city engineer to be followed. 26-112 for plumbing........................... 5-407 paving; not broken for one year after laid .... . . . . . . . . . . . . . . . . . . .26-111 permits; required...................... 26-101 granting; conditions................. .26-103 401 Streets-Concluded Ch.-See. precede paving. " . . . . .. . . . . . .. .. .. .. .. .26-111 refilling ..............................26-104 signals to protect public, removal of. . . . .26-113 streets kept open during excavation. .. . .26-112 filth, offal, etc., depositing in or hauling through. . . . . . . . . . . . . . . . . . . . . . . . . . .15-164, 165 guy wires over. . . . . . . . . . . . . . . . . . . . . . . . . . . .5-248 hedge fences along...................... .26-214 haUling stone, coal, dirt, l'ubbish, etc., over. 26-218 house moving on or along. . . . . . . . . . . . .5-801, 811 house moving on certain, prohibited. . . . . . . .5-804 names of, changed....................... 26-601 numbering of houses. . . . . . . . . . . . . . . . . . . . .26-501 occupation of, while building. . . . . . . . . . . . . . .5-245 obstructing ............................ .15-156 obstructing with railroad cars. . . . . .29-162, 15-147 paving; not broken for one year for excava- tions .................................26-111 rod or stake driven through, prohibited. .26-109 excavations to precede. . . . . .. . .. .... . . . .26-111 permit to obstruct........................ 5-245 railroad crossings, construction and main- tenance of........... . . . . . . . . . . . . . . . . . .26-401 service pipes in, laid prior to paving.. . . . .26-301 stairways in............................. 26-210 sweeping into. . . . . . . . . . . . . . . .15-164, 28-108, 110 tractors and threshing machines over, pro- hibited ...............................26-219 trash, waste, garbage, etc.; sweeping into or depositing. . . . . . . . .15-164, 165, 28-101 to 108 using while protected by barriers. . . . . . . . .26-208 vehicles for hire, standing in.... . . . . . . . . .26-221 wooden culverts, and runways in. . . . . . . . . .26-223 Streets Opened and Vacated (see alphabetical arrangement in Chapter 27) . . . . . . . .27-101 to 250 Sunday; billiard and pool halls closed. .14-405 public dances on, nuisances........ . . . 14-309 sale of merchandise, etc., on... . . . . . . . . . . .15-170 Sunnyside Addition, blocks 2 and 3, replatted frontage of lots changed. . . . . . . . . . . . . . . . . .18-101 Sweepings; depositing in streets. . . . . . . . . . . .15-164 disposal of, in streets, lots, etc.. . . . .28-101 to 107 constituting a nuisance, abatement, notice to owners. . . . . . . . . . . . . . . . . . . . . . .28-106, 109 from business buildings into streets. .28-110 to 112 Swift & Co., loading dock................. .22-511 T Taxi-cabs. . . . . . . . . . . . . . . . . . . . . . . . . . .14-601 to 649 application for license. . . . . . . . . . . . . . . . . . . .14-603 changing license plates. . . . . . . . . . . . . . . . . . .14-511 cruising ................................ 14-625 definition of............................ .14-601 drivers of; convicted of speeding. . . . . . . . . .14-520 misinforming persons................. .14-507 soliciting passengers........... .15-176, 14-625 drivers licenses......................... .14-613 driving after license revoked. . . . . . . . . . . . . .14-646 inspection of. . ... . . . .. " ... .... .. . .. ... . .14-607 insurance required....................... 14-606 licenses required........................ .14-602 license inspector......................... 14-607 license revoked................. 14-610, 619, 644 license plates............................ 14-509 displaying ........................... .14-510 changing ............................ .14-511 402 GENERAL INDEX. Taxi-cabs-Concluded Ch.-Sec. main~ained in good order, cleanliness re- qUIred. . . . . . . . . . . . . . . . . . . . . . . . . . . .14-617, 620 numbering of required. '... ........ .,. .,. .14-620 rates; for licenses................... .14-610, 613 of fare............................... .14-628 ref:u~a.l of passenger to pay fare. . . . . . . . . . .14-639 solIcItmg at depots, prohibited. . . . . . . . . . . .15-176 stll.nds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-622, 624 telephones in streets.................... .14-627 use of, for immoral purposes; prohibited . . . . . . . . . . . . . . . . . . . . . . . .14-641, 643, 15-214, 215 TaxI Meters. . . . . . . . . . . . . . . . . . . . . . . . .14-633 to 638 Th~aters; .exaI?ined by fire chief. . . . . . . .10-111, 112 f.Ire extmgUlshers and hose, regulations. . . .10-111 lIcenses ................................ .14-129 summer, licenses........................ .14-145 stand pipes required. . . . . . . . . . . . . . . . . . . . . . .5-233 unlawfully entering..................... .15-126 use of buildings for. . . . . . . . . . . . . . . . . . . . . . .5-233 Theatrical performances; supervision by Wel- fare Board. . . . . . . . . . . . . . . . . . . . . . . . . . .3-103, 104 Threshing Machines, over streets. . . . . . . . . . . .26-219 Tobacco; furnished to minors.............. .15-136 use of, by minors....................... .15-135 Townsite of Salina; additions to....... . .7-201, 202 Tractors over streets. . . . . . . . . . . . . . . . . . . . . . .26-219 Traffic Code: accidents, duty of driver. . . . . . . . . . .29-119 to 125 death or personal injuries.............. 29-119 property damage. . . . . . . . . . . . . . . . . . .. . . .29-120 driver render aid. . . . . . . . . . . . . . . . . . . . . . .29-121 unattended vehicle..................... 29-122 reports. . . . . . . . . . . . . . . . . . . . . . . . . . .29-124, 125 alley, definition......................... .29-101 entering from..................... 29-150, 165 parking in. . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-170 use by trucks. . . . . . . . . . . . . . . . . . . . . . . . . .29-171 all night parking. . . . . . . . . . . . . . . . . . . . . . . . .29-181 animals, ordinance applies to. . . . . . . . . . . . . .29-106 ambulances (see emergency vehicles). angle parking.......................... .29-174 animals ................................29-106 arterial highways.................... .29-148AD axel load................................ 29-128 backing . . . . . . . . . . . . . . . . . . . . . . .29-147 bicycles ..' . . . . . . . . . . . . . . . . . . . . . .. 29-106 clinging to moving vehicle. 29-184 lights on. . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-1,104 on sidewalks... . . . . . . . . . . . . . . . . . . .29-185B parent or guardian responsible. . . . . . . . .29-185C police to take up.. .................. 29-185D riding on handle bars. . . . . .' ........ . 29-185A brakes . .' . . . .. . . .29-1,116 bridges, speed on.. .... . .29-130 business district, definition 29-101 bus stands. . . . . . .29-179 bus unloading. .29-168 parking zones. . . . . . . . . . . .29-168 cab stands .29-179 coasters. ., ..' .29-184, 186 attached to moving vehicle. . .29-184 corners, turning on. . .29-140 crest of hill, turning on. .29-140 crossings: pedestrians at cross walks .29-154 pedestrians at other places. . . . . . . .29-155 Traffic Code-Continued Ch.-Sec. cross walks, definition. . . .'. .. .. . . . .29-101 pedestrian, right of way. . . . . . . . . . . . .. . .29-154 pedestrian, use right half........ . . . . . .29-156 defacing signs, signals, etc................ 29-118 definitions ........................... ..29-101 devices, traffic control. . . . . . 29-113A~G, 5-119 draw bar connections. . . . . . . . . ; . . . .29-127 driver, definition......................... 29-101 i~toxication or drugs....... .......... . .29-126 lIcense ...............................29-107 reckless ..............................29-127 stop and report accidents. . . . . . . .29-119 to 124 give information and aid. . . . . . . . . . . . . . .29-121 unable to report........ ..............29-125 view obstructed........................ 29-182 driveways, definition.................... .29-101 entering from. . . . . . . . . . . . . . . . . . . . .29-150, 165 driving while intoxicated................. 29-126 drugs, driver under influence........ .29-126 emergency vehicles, definition. . . . . . . . .29-101 at stop signs. . . . . . . . . . . . . . . . .29-105 flag, on projecting load...... . . . .29-1,102 following fire apparatus. . . . . . . . .29-194 ot~e;r vehicles stop.............. .29-152 pnvIleges .............................29-105 regulations ...........................29-105 right of way. . . . . . . . . . . . . . . . . . . . . . . . . . .29-152 speed restrictions............ .........29-131 equipment, unsafe. . . . . . . . . . . . . . . . . . . . . . . .29-197 explosives, definition......... . . . . .29-101 transporting .........................29-1,121 flammable liquids, definition. . . . . . . . . . .29-101 flashing signals.......................... 29-116 fire apparatus (see emergency vehicles). following .............................29-194 fire hose, crossing. . . . . . . . . . . . . . 29-195 fixtures on highway, striking. .29-123 following too closely.......... ........ .29-138 funeral processions. . . . . . . . . . .29-190 glass in streets.. . . . . . . . . . . . . . . . . . . . . .29-196 grade crossings. .29-159 to 164 hand signals.............. 29-142, 143 heighth of vehicle and load .29-1,125 highway, definition. . . . .29-101 hills, turning on...... . ..... . . .29-140 hitch-hikers ....... 29-157 horns .......... 29-1,116 sirens prohibited....... . .29-1,116 horse-drawn vehicles.......... . .29-106 interference with signs, signals, etc.. .29-118 intersections, definition........ .29-101 approaching and entering. .29-144 left turns at. . . . . . . . . . . . . . .29-145 right of way at.... 29-144, 145 stop intersections, entering. . .29-148A turning at........ 29-139 turning markers ................ .29-146 vehicles approaching and entering. . . .29-144 intoxicated, driving while. . . . . . . . . .29-126 laned highways, definition. . . .29-101 laned traffic.... . ... .' ... . .29-137 left turns, at intersections. . . . 29-139, 145 length of load and vehicle. . . .29-1,125 license, drivers. . . . . . .29-107 license tag. . . . . .29-109 concealing or defacing... .29-109 . . . GENERAL INDEX. Traffic Code-Continued _ Ch.,Sec. .lights, when required. . . . . . . .. p. . . . . _29~198 additional lighting' equipment.. .. , , .29..1,108 -auxiliary lights. . . .29-106 clearance lights........ ..... . ....29-1,101-1 kind of lights. . . . . . . . . . .29-199 to 1,114 on bicycles..... . . . . . . . . . . . . . . . . . . . . . .29-1,104 on other vehicles..... . . . . . . . . . . . . . . . .29-1,105 on parked vehicles. . . . . . . .29-1,103 on projecting loads. . . . . . .29-1,102 rear lights.......... . . .29-1,100 restrictions on lights.. . . . .29-1,113 road lighting equipment. .29-1,109 to 1,114 sale of lamps and devices. ...........29-1,114 side marker lights. . . . . . . . . . . . .29-1,101-3 signal devices.......... ....... . . . . .29-1,107 spot lights.......... . . . . . . . . . . . . .29-1,106 loads, wheel and axel. . . . . . . . . . . . . . . . .29-1,128 weight of. . . . . . . . . . .29-1,129, 1,130 markers, turning. . . . . .29-140 marking vehicles. . . . . . . . . . . . . . . . . . . . .29-178 minimum speed. .......... . . .29-129 mirrors . . . . . . . . . . . . . . . . . .29-1,118 misdemeanors ........ .29-103, 29-1,131, 1,132 misdemeanors, penalties. . . . .29-103 driving without license. . . . . . . . . . .29-111 failing to stop and render aid . 29-119 driving while intoxicated. . . . . . . . . . . .29-126 reckless driving........................ 29-127 parking or unloading busses. . .29-169 other violations. . . . . . . . . . . . . .29-1,131 motorcycles, definition. . . . . . . . . . .29-101 clinging to moving vehicle. . . . . . . . .29-184 lights on .............................29-199 riding on handlebars. . . . . .29-185A motor vehicles, definition.... . . . . . . . . . .29-101 unattended .............. . .29-187 moving vehicle, alighting from. .29-183 clinging to..................... .29-184 mufflers . . . . . . . . . . . . . . . . . . . . . . . . .29-1,117 night parking. . . . . . . . . . . . . . .. ...... . . . .29-181 no-parking signs......................... 29-176 no-parking zones. . . . . . . . . . . . . . . . . . . . . . . . .29-175 no-turning signs......................... 29-146 obedience required. . . . . . . . . . . . . .29-103, 104 obstructions, traffic stop.... .29-151 of drivers view............ .29-182 one way roads. ..... ... .29-136 one way stop . . . . . . . . . . . . . . . . . . . .29-136 owner, definition............. .. .29-101 overtaking vehicles. . . . . . . . . . . . .29-133 on right. . . . . . . . . . . . . .29-134 limitations, on left. . . . . . . . . . . . . .29-135 parades, permit . . . . . . . . . . . .29-189, 191 parent or guardian, bicycles.. . . . .29-185C park, parking, definitions. . . . . . . . . . . . . . . . .29-101 angle parking......................... 29-104 by schools..... . . . . . . . . . . . . . . .29-172 outside business or residence districts. . . .29-166 parallel parking. . . . . . . . . . .29-1u6, 170 time limited . . .29-177 A-B-C parked vehicles: busses, unloading. lights on.... no parking zones. . officers remove.......... on certain streets . . . . . . . . . . . . .29-169 . . . . . . . . .. ........ 29-169 . . .29-175 . . .29-167 . . .29-166 403 Traf.fic. Code--Continued Ch.-Sec. . prohibited parking. . . , . 29-170 . on sidewalks. . . . . . 29~170 '.in intersections.. . .,29-170 in driveways........... .29-170 fire hydrants............. . . .29-170 cross walks. . . . . . . . . . . . . . " ........29-170 near signs or signals. . . . . . . . . . .29-170 safety zones................... .29-170 railroad crossings. . . . . . . . . .29-170 fire stations................... .... 29-170 excavations .........................29-170 double parking. . . . . . . . . . . . . . . . . . . . . . .29-170 by bridges.......................... 29-170 in alleys............................ 29-170 starting ............................29-141 trucks ..............................29-180 passengers, too many prohibited.. .. . . . " .29-182 passing vehicles. . . . . . . . . . . . . . . . . . . . . . . . . .29-133 limitations on left..... . . . . . ... .. . . .29-135 on right. . . . . . . . . . . . . . . . . . . . . . . . .29-134 pedestrians, definition..... .......... 29-101 subject to traffic signals. . . . . . . . . . .29-153 right of way at cross walks. . . . .29-154 at other places. . . . . . . . . . . . . . . . . . . . . . .29-155 use right half....................... 29-156 soliciting rides. ... .......... '" .29-157 penalties (see misdemeanors, penalties). police judge report convictions. . . . . . . 29-1,134 play streets............................. 29-193 police vehicles (see emergency vehicles). private driveways and roads, definitions. . .29-101 processions and parades. . . . . . . . . . . . . .29-189, 191 funeral ............................. 29-190 projecting boards........ . . . . . . . . . . . . .29-1,124 lights or flag on. . . . . . . . . . . . . . . .29-1,102 police officers and employees. . . . . . . .29-105 quiet zone.......................... ....29-192 railroad crossings................. 29-159 to 164 vehicles stop at................... 29-160, 161 railroads, backing across streets.... . .29-164 blocking streets..... . . . . . . . . . . . . . . . . . . .29-163 rear vision.ll!-irrors... ....... '" ..... .29-118 t'" reckless drIvmg........... . . . . . . . . . . .29-127 repairing vehicles in streets............. 29-188 report accidents............... . .29-119 to 125 reports to vehicle department. . . . . . . . . . . . .29-124 of connections by police judge. . . . . . . . .29-1,134 residence district, definition.............. 29-101 right of way, definition. . . . . . . . . . . . . . .29-101 at intersections.. ....... ....... ... .29-144, 145 pedestrians at cross walks. . . . . . . . .29-155 at other places. . . . . . . . . . . . . . . . . . . . . . . . .29-156 right side, drive on. . . . . . . . . . . . . . . . . . . . . . .29-132 exceptions ............................29-132 road tractor, definition. . . . . . . . .29-101 road work, vehicles engaged in. . .29-105 roller skates. . . . . . . . . . . . . . . . . . . . . . . . .29-184, 186 rotary traffic islands................ .. .29-136 running board, riding on..... . . . . . .29-182 safety hitch....... . .. . .. . .. .. .. .. 29-1,127 safety zones, definition................... 29-101 driving through...... . . . . . .. 29-158 sidewalk, definition...................... 29-101 404 GENERAL INDEX. Traffic Code-Continued Ch.-Sec. signs, no parking........ i . . . . . . . . . . . . . .,29,176 no turn. . . . . . . . . . . . . .. . . . .. .. .. . .. .... .29-146 erected by city . . . . . . . . . . . . . .29-113B signals required. . . . . . . . . . . . . . . . . . . . .29-142 hand signals........................... 29-143 sleds, attached to moving vehicles...... .. ;29-184 slow signs............................... 29-149 soliciting rides.. ........................29-157 speed limits............................. 29-128 emergency vehicles.................... .29-131 minimum speed....................... .29-129 on bridges..................... . . . . . . . .29-130 spilling load........................... 29-1,126 starting parked vehicle. . . . . . . . . . . . . . . . . . .29-141 standing, definition...................... 29-101 on streets. . . . . . . . . . . . . . . . . . . . . . . . .29-166, 170 on sidewalks.. . . . . . . . . . . . . . . . . . . . . . . . . .29-170 stop, definition.......................... 29-101 at through highway and stop signs. 29-148 A-B-C before emerging from alley or drive- way. . . . . . . . . . . . . . . . . . . . . . . . . . . .29-150, 165 when traffic obstructed. . . . . . . . . . . . . . . . .29-151 stop signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-148D stop streets..... . . . . . . . . . . . . . . . . . . . .29-148 A-D I stopping, definition. . . . . . . . . . . . . . . . . . . . . . .29-101 outside business or residence districts. . .29-166 / when traffic obstructed. . . . . . . . . . . . . . . . .29-151 tire equipment......................... 29-1,120 taxi-cab stands.......................... 29-179 through highway, vehicle entering... .,. . 29-148A through streets, designated. . . . . . . . . . . . . .29-148B towed vehicles......................... 29-1,127 lights on. . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-1,100 toy vehicles............................. 29-186 attached to moving vehicles. . . . . . . . . . . . .29-184 traffic division.......................... 29-101 traffic control devices, definition. . . . . . . . . .29-101 at certain intersections........ . . . .29-113 A-G city manager to erect. . . . . . . . . . . . . . .29-113G signals ...............................29-115 stop signs........................... 29-148D slow signs... . . . . . . . . . . . . . . . . . . . . . .29-149 traffic islands........................... 29-136 traffic lanes............................. 29-137 trailer, definition........................ 29-101 lights on. . . . . . . . . . . . . . . . . . . . . . . . . . . . .29-1,100 regulation of......................... 29-1,127 trains, blocking streets................. .29-162 backing over streets................... 29-164 signal of approaching.................. 29-159 vehicles stop at crossing. . . . . . . . . . . . . . . .29-160 busses and trucks stop at. .. . . . . . . . . . .. .29-161 turning, at intersections. . . . . . . . . . . . .29-139 signals. . . . . . .29-142, 143 left, at intersections. . . . . . . . . .29-145 on curves and hills. . . . . . . . . . . . . . . . . .29-140 no turn signs. . . . . . . . . . . . .29-146 markers . .. . . . . . . . . .29-146 truck-tractor, definition.................. 29-101 trucks, use of alleys............ .. .29-171 parking .... . . . . . . . . . . . . . . . . .29-180 all night........ .. . . . . . . . . . . . . . . . . . .29-181 unattended motor vehicle. . . . . . . . . . . . .29-122, 187 unauthorized signs and devices. . . . . . . . . . . .29-117 U-turn signs. . . . . . . . . . . .' .......... . .29-146 unsafe vehicles and equipment. .29-197 Traffic. Code-Continued . Ch.-Sec. 'vehiCles, definition. .............. .29-101 engaged in road work. . . . . . . . . . . . . . . . . .29-105 repairing or washing in street. . . . . . . . . .29-188 vehicle in motion, clinging to. . . . . . . . . . . . .29-184 boarding .............................29-183 view of driver obstructed. . . . . . . . . . . . . . . . .29-182 violations (see misdemeanors, penalties). washing vehicle in street. . . . . . . . . . . . . . . . .29-188 windshields, wipers.................... .29-1,119 unobstructed ........................29-1,119 width of vehicles........... . . . . . . . . . . . .29-1,123 wheel and axel loads. . . . . . . . . . . . . . . . . . . .29-1,118 weight of loads. . . . . . . . . . . . . . . . . . . . . . . . .29-1,129 wrecked automobile, remove glass. . . . . . . . .29-196 Trash, litter, etc.; accumulation, removal, burning. . . . . . . . . . . . . . . . . . . . . . . . . . .10-102, 110 ground floor occupants responsible for. . . .28-103 kept off of private premises. . . . . . . . . . . . . .28-102 on lo~s, streets, etc., nuisance. . . . . . . . .28-106, 115 notIces to owners, abatement. . . . . . . .. .28-107 placing in metal receptacles, required.. ..28-104 placing in streets or alleys. . . . . . . .15-165, 28-101 Trees, forestry. . . . . . . . . . . . . . . . . . . . . .35-101 to 105 Trees; injuring, hitching horses to. . . . . . . . . . .15-171 electric light and telephone companies may trim. . . . . . . . . . . . . . . . . . . . . .22-613 signs on, prohibited.... ...... ... '::. .5-606 removing dead limbs. . . . . . . . . . . . . . . . .35-102, 105 trimming by house movers, supervision, responsibility ..........................5-808 Trustees of Memorial Hall. . . . .6-501 to 6-505 Trustees of Municipal Band. . . . . . . . . .2-101 to 2-104 u Unsanitary conditions in buildings Unwholesome food, sale prohibited. . .. . .5-271 . .15-115 V Vagrancy .15-172 Vehicles (see general index under traffic rules; drivers of vehicles, public vehicles, licenses, etc.) Vendors (see licenses). Venereal Diseases.. . . . . .20-301 to 319 Voting Booth property, acquired by city .8-103 to 105 Voting places....................... 30-101 to 126 w Walls (see Building Code). Wards; established......... . .30-101 Waste, offensive matter, disposal of. .28-101 to 110 constituting nuisance......... . .28-106 notice to owners, abatement. . . . .28-107 Waterworks department.. .. .' . .36-101 to 123 accounts ................................36-117 advisory commission..... . . . . . . . . .36-102 applications ....... . . . . . . . . . . . . . . . .36-110 city departments, use of water. . . . .36-121 collection of charges.. .36-118 consumers .36-119 engineer .... .36-103 finances ..... . . . . . . . . . . . . .36-104 hydrant rentals.. .36-122 . Qi:Nli:RAL IN.J)ii:x. 405 . . Watelworks Department--Cobtinutd Ch":iec. meters . ... ......... . . . . .36-114 officer and employee. . . . . . . . . . . . .. .26-103 rates .. . . . . . .. . . . . . . . . . . . . . . . . , . .36-116 revolving fund .....................36-106, 108 rules ...................................36-106 secretary ........................ ..... . . . .36-103 service lines, care of..................... 36-113 superintendent ..........................36-103 taps ....................................36-111 unlawful use of water. . . . . . . . . . . . . . . . . . . .36-120 Water; in basements....................... .5-271 service from mains. . . . . . . . . . . . . . . . . . . . . . . . 5-409 standing, constitute nuisance, abated..... .16-103 stagnant, removal of.......... . . . . . . . . . . .20-211 taking unlawfully.... . . . . . . . . . . . . . . . . .22-602 Water Mains; connections with........ . . . . . .5-409 tampering with.......................... 22-601 taking water from unlawfully............ 22-602 service pipes, laid prior to paving. . . . . . . . .26-301 Weapons, carrying concealed .............. .15-173 Weaver's Addition, in city limits. . . . . . . . . . . . .7-300 Weaver's 2nd Addition, in city limits....... .7-301 Weeds; constituting nuisance abated....... .16-103 owner required to cut.................... 31-101 city may cut and assess cost. . . . . . . . . . . . . .31-102 levy of special assessment for cutting. . . . .31-102 Welfare Board....................... 3-101 to 211 White Way, ordinances relating to.. ... .... .32-201 Wires; over streets.. .. . . . .. ... .... .5-248, 308, 904 constituting nuisance..................... .5-905 removal of, for house moving............. 5-803 of electric light company. . . . . . . . . . . .22-108, 109 of street railway company. . . . . . . . . . . . . . . .22-203 height above street. . . . . . . . . . . . . . . . . . . . .23-314 tampering with............. . . . . . .2200601 Wiring, electric (see Building Code). interfering with firemen.................. 5-326 Wood Beams (see Building Code). Wooden runways and culverts in streets pro- hibited .................................26-223 z . Zoning Ordinance: accessory buildings.. . . . . . . . . . . . . . .37-101 advertising signs in residential districts. .37 -109a alley ...................................37-101 alteration of existing use. . . . . . . . . . . . . . . . .37-113 approval of plans by Board of Commis- sioners.. ... ........... .37-304 to 325, 404, 405 apartment ............................. .37-101 lot area in part of B district. . . . . . . . . . .37 -119b A Residence Use district................ .37-102 boundaries. . . . . . . . . . . . . . . . . . . . . . .37-103, 103a uses ..................................37-107 advertising signs in.................. . 37-109a Area districts. . . . . . . . . . . . . . . . . . . . . . . . . . . .37-114 A Area district, boundaries. . . . . . . . . . . . . . .37-115 requirements ..........................37-118 exceptions . . . . . . . . . . . . . . . . . . . . . . .37-122 additions to city limits.................. .37-126 amendments to ordinance. . . . . . . . . . . . . . . . .37-129 basements .. ...........................37-101 boarding houses. . . . . . . . . .37-101 buildable width of corner lots. . . .37-118, 119, 120 building permits............. ..........37-124 buildings .. . . . .37-101 'Zoning Ordinance-Continued Ch.-Sec. B Resldenae Use district........ . " 37-102 boundaries. . . . . . . . . . . . . .37-104, 104l!l, 201, 203 uses ..................................37-109 advertising signs in....... ....... .... . 37-109a B Area district, boundaries. . . . . . . . . . . . . . .37-116 requirements.. . . . .. . .. . . .... . . .. . . . .. .37-119 exceptions ............................37-122 community garages..................... .37-101 curb leveL.............................. 37 -101 C Commercial Use district. . . . . . . . . . . . . . . .37-102 boundaries. . . . . . . . . . . .37-105, 105a, 301 to 326 uses. . . . . . . . . . . . . . . . . . . . . . . .37-110, 304 to 325 Inonument business in part of. . . . . . . . . .37-110a C Are~ district, boundaries. . . . . . . . . .37-117, 117a requirements ........................ .37-120 exceptions ............................37-122 certificate of occupancy and compliance. . . .37-123 change of occupancy.................... .37-123 changes and amendments . ........... .37-129 conflicting provisions.................... 37-130 definitions ..............................37-101 depth of rear yard. . . . . . . . . . . . . . . . . . . . . . .37-101 depth of lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37-101 district .................................. .37-101 D Light Industrial district, boundaries . . . . . . . . . . . . . . . . . . . .37-106, 106a, 401 to 407 uses. . . . . . . . . . . . . . . . . . . . . . . . .37-111, 404, 405 D Area district, boundaries. . . . . . . . . . . . . . .37-117 requirements......................... .37-121 E Heavy Industrial district, boundaries. . . .37-107 additions to, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37-501 uses ........................... ...... 37-112 enlargement of existing building. . . . . . . . . .37-113 existing structures and uses. . . . . . . . . . . . . .37-113 alteration or enlargement.............. 37-113 destruction by fire. . . . . . . . . . . . . . . . . . . . .37-125 reconstruction .......................37-125 group houses........................... .37-101 fire, destruction by. . . . . . . . . . . . . . . . . . . . . . .37-125 reconstruction .........................37-125 conform to existing requirements. . . . . . .37-125 ~o~els ...................................37-101 InJunctIOn ............................. .37-127 interpretation and purpose. . . . . . . . . . . . . . . .37-126 lodging houses. . . . . . . . . . . . . . . . . . . . . . . . . . .37-101 lot .....................................37-101 lot area requirements: A Area District....................... .37-118 B Area District.. . . . . . . . . . . . . . . . . . . . . . .37-119 C Area District. . . . . . . . . . . . . . . . . . . . . . . .37-120 non conforming use...................... 37-101 one family dwelling.. ................... .37-101 place .................................. .37-101 private garage........................... 37-101 protests against changes................. 37-129 public garage........................... 37-101 private stable................ . . . . . . . . . . . .37-101 plats ...................................37-124 penalty .................................37-127 public service buildings................. 37-113 rear yard ...............................37-101 rear yard requirements: A Area District. . ... .... ... ... . . .. . . .. .37-118 B Area District........................37-119 C Area District. . . . . . . . . . . . . . . . . . . . . . . .37-120 reconstruction, after fire. . . . . . . . . . . . . . . . . .37-125 406 GENERAL INDEX. Zoning Ordinance-Continued .. Ch.-See. restrictions on use of property added to , C Commercial district . . . . . . . . . . ,37-304 to 325 restrictions on use of property added. to D Light Industrial district...... .37-402 to 405 restoration, existing building............. 37-113 row houses.............................. 37-101 set back. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37-101 set back requirements: A Area District. . . . . . . . . . . . . . . . . . . . . . . .37-118 B Area District. . . . . . . . . . . . .37-119, 119a, 119b C Area District. . ., ... ........ .., . .. . . .37-120 Zoning Ordinance-Continue4 Ch.-Sec. side yaz:d requirements: . A Area District. . . ... .. . . ... .. .... ... . .37-118 . a Area District.. . . .. .. .. . . . . . ., .... . . .37-119 C Area District.. .. . . . .. . . . . .. .. ... . .. .37-120 street ..................................37-101 structural alterations. . . .. . . . . . .. . . . . . .. . .37-101 temporary commercial building in res.dist.. 37-113 tenant houses. . . . . . . . . . . . .. . . . . . . . .. . . . . .37-101 terrace ................................ .37-101 two-family dwelling............... . .37-101 use districts.... . . . . . . . .. 37-102 uses in districts. 37-108 to 112, 304 to 325, 404, 405 yard space, apply to one lot only. . . . . . . .37-124 CORRECTIONS Page 111, in 9th line of Sec. 10-201, comma after word "fuel" should be omitted. Page 339, in 6th line of Sec. 29-1,117, comma after the word "muffler" should be omitted. Page 369, Section "37-110" should be Sec. "37-109a". (Published in the Salina Journal 1946) e ORDINANCE NO. 5134 AN ORDINANCE relating to and creating a Department of Industrial Development; creating the office of Director and setting out powers and duties of same. BE IT ORDAmED by the Board of Commissioners of the City of Salina, Ken sas : Section 1. l'ha.t there be and hereby is oreated and established a Department of Industrial Development for the administration of the Industrial Fund raised by the industrial levy whioh was voted by the eleotors of the City of Salina. Kansas. at the city eleotion in 1945 under and by virtue of the terms and provisions of Seotion 13-1441, 1943 Supp. G. S. 1935. - Section 2. That there is hereby created the office of Director of Industrial Development who shall draw a salary as prescribes by ordiIiance, who shall actively engage in research for the general development of the City of Salina. He shall contact all business concerns that may be interested in locating in Salina and shall assist them in any way plausible in locating in the city. He shall obtain necessary pamphlets and brochures to attract firms to in- ves'bigate 'the advantages of the oity and shall at all times have research data available to use in promoting business and capital interested in the city. He shall aid existing business to the ut- most. He shall make reports to the Board of Commissioners as required, ooncerning his activities and the results he has obtained. He shall make recommendations to the Board of Commissioners and keep them fully advised as to the needs of his office. He shall cooperate with the Chamber of Commerce, and cooperate with and confer with the Industrial Development Advisory Board, and other civic organizations to the fullest extent. The information and service available from the Kansas Industrial Conmdssion shall be utilized to the greatest possible advantage and he shall perform any other duties assigned to him by the City :Manager in accord with the intent and purpose of this ordinance. Section 3. 1hat this ordinance shall take effect and be in foroe from and after its publication in the official. city paper. Introduced, December 26, 1945 Jassed January 2, 1946 J. H. Moore, Jr. l4ayor Attestc Chas. E. Banker City Clerk . e (Published in the Salina Journal 1:946) ORDINA.~CE NO. 5135 AN ORDINANCE creating an Industrial Development Advisory Board and setting out its powers and duties. ]BE IT ORDAINED by the Board of Commissioners of the City of Salina. Kansas: e Seotion 1. That there be and hereby is created an Industrial Development Advisory Board which consist of not to exceed eleven (11) members who shall serve without compensation. and who shall be appointed by the Board of Commissioners of the City of Salina. The members of said board shall be appointed for a period of one (1) year from the first day of January of each year. iiny vaoanoy caused by death, resigna'tion, or any cause other than by expiration of a regular ter.m, shall be filled by appointment for the unexpired ter.m only. Such board shall organize by electing a Chair.man and Secretary and shall provide its own rules of order. It shall be the duty of such board to consult with and advise the director of Industrial Development with reference to the operation of the Depart- ment of Industrial Development, and make such reoommendations as it may deem necessary or proper for the conduct and operation of said department. Section 2. That this ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, December 26, 1945 Passed. January 2. 1946 J. He Moore. Jr. Mayor Attestl- Chas. E. Banker Oi ty Clerk - e (Published in the Salina Journal 1946) ORDINANCE NO. 5136 AN ORDllIANCE relating to the fixing of the salaries of certain officers and employees of the City of Salina and repealing Seotion 5 of Ordin- ance No. 5041. BE IT ORDAINED by the Board of Commissioners of' the City of Salina, Kansas: Sestion 1. That from and after January 1, 1946, the salary and wages to be paid to the officer and employee of the City of Salina mentioned in this ordinance shall be the amount set forth in the following seotion of this ordinance: e Section 2. Department of Industrial Development 1. Direotor, per annum $3600.00 Section 3. This ordinance shall take effect and be in force after its publication in the official city paper. Introduced, January 2, 1946 Passed, January 7, 1946 J. P'.. Moore. Jr. Mayor Attest: Chas. E. Banker City Clerk e e (First published in the Sal na Journal 1947) ORDINANCE NO. 5205 AN ORDINANCE relating to the drilling for oil and gas within the li:nits of the City of Salina, Kansas, and a.,llending Ordinance No. 5l~8 and repealing Section 3 of said Ordinance 5128. BE IT ORDAINED by the Board of Commissioners of the City of SaJ_ina: Section 1. That Section 3 of Itan ordinance relating to the drilling for oil and gas within the limits of the City of Salina, Kansas", being Ordinance No. 5128, final~ adopted December 10, 1945, be and it is hereby amended to read as follows: e "Section 3. That a good and sufficient surety bond, signed by applicant 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 of the City of Salina, Kansas, but in no event less than Twenty Five Hundred ($2500.00) Dollars, shall be tendered to said Board and approved b; the City Clerk prior to the issuance of a permit pursuant to the ten~s of Ordinance No. 5128, conditioned upon faithful canpliance with the terms and conditions of Ordinance No. 5128 and this amendment thereto, and further conditioned upon saving and holding the city free and harmless from any damage resulting to said city as result of drilling, pumping, repairing or other operations by permittee, the laying of pipe lines, the setting of tanks or as result of the moving of machinery and equipment over any street of theCity of Salina; provided, however, that the permittee or his or its assign shall pay the annual premium due upon saliid surety bond within ten days follovrmng expiration 0 each annum and file a receipt therefor in the office of the City Clerk of the City of Salina; and provided further, that each permittee shall carry and maintain public liability insurance on each well or group of wells indemnifying payment of not less than Twenty Thousand ($20,000.00) Dollars for injury or death of anyone person, and not less than Fifty Thousand ($50,000.00) Dollars aggregate for anyone accident and not less than Twenty Thousand ($20,000.00) Dollars property damage for anyone accident and file good and sufficent proof thereof and payment of renewal premiums thereon VQth the City Clerk of said city; and provided further that default by permittee in complying with any provisions of Ordinance No. 5128 or of this section that the said Board may revoke any such permit after five days' notice to permittee by registered mail and thereupon permittee shall cease and desist from all operations under and pursuant to any such permit; and provided further that any person or persons that have heretofore obtained permits under Ordinance No. 5128 may apply to the City Clerk of said City for authority to substitute Twenty-five Hundred ($2500.00) Dollar surety bond or bonds in lieu of the bond or bonds heretofore reouired and that upon satisfying the City Clerk that the liabillty insurance herein re~ired has been obtained, then theCity Clerk is authorized to permit the sub- stitutionll. - - Section 2. That Section 3 of Ordinance No. 5128 be and it is hereby repealed. Sect.Lon 3. This ordinance shall take effect and be in force from and after its adoption and publication once in the official city paper. Introduced, January 13, 1947 Passed, January 20, 1947 Attest: Chas. E. Banker City Clerk Lloyd W. Price . Mayor e e .. '" (1' ro -" 1, "'led 1n iJ.',ht:'l Srl'_l j,/:!"'1 uTr",;}r..;~lal ~':';'" t ";A'O '"c u~ :., 'Y ,,_ '." ."_ L4.5) - Ol?_~~' _, iL. CE ~fO. 5128 ---- -.--...-..,.-,"-,- ..-..,. - _.- ArT GJ{')F.ft~rCE re1atinc to the drill in:: 201' oil and 'as "\"[;thin the liel tG of t~~le Ci t:T 01'" 0ali:l~1, Ka11sas: DE LT~I.~ljJAL:~D b;/ the Doard ai' Cor,li.lissiollers of the City of Sa1i:la: Secticm 1. ~To person" pereons" partnership clOr GorporatiuIl s:1all c01l:18ii'Cet~le drillinr. of a well for oil or u"as w:i. thin the ci tv liui ts L.I ~ of 'e!le Ci ty 01' Sal iila, wi thaue L'ir:st having pro cured fro,,l the City of Salina, a perLii t therefor to:'8 issued by aut'lOri ty iJiJ the lJoard of Con- TrLissiouers of said city in accordance vrith tr:~e tOrlJlS and conditions of ':his ordinance. at ::>eot:.011 2. Bofore an:, perLlit Sl10.J 1 be c:ranted for "c;le COE :enee2.1ont 9. 'DeJ.lfortile ",roduction c:C' 0 :;,1 or ~;as, an a1T[)1'" cation thorofor s;,all filed I'rith tho Cit'f ClerI: of 's/?l.i.nB.; such applic:,tion shall S;101'l: (1) TIlat tie ap;licant hus soo1 and valid oil and gas leases fro~ !)ro,'()rt:,' o-:,'1:1ers cover::n',; at least a ten acre tract. (2) Ji.Jvidc'lce 0:" ac.;reenent in '::r:..tinC bet7JCCl, tho lessee or lessess, and t'le 10:::001'8, if ;}ore the" one, ~)rovicUnc for a poolinl'; 0'" all roylaties arising fro}~ said ~roducticn 0:1 said tract, to 1)8 disttibl1ted Jco t~~0 pro_-..~'ert~T OV}:lers in aecordn:v:.cc vri t2'1 tIle nu.;::ll..:cr o~ acres o.~_' cae}:. o':,;'ner in tile sfJ..id t:::'-8_Ct. (3) ;juah icat:;,oll ::;;'a11 l10 aceo::i}Jal1iod by a plat or !"np sf c;uch trc,ct ehon:..ng: ~;~1O 'Jroposed loco.tin.:; of 'wid well, ,;/:io11 loce.tic:: :,;mll in 110 irstancc be close"::- th?.l1 600 i'eet 0__l r~n~l ..)C'L~:lj['r 1 :~:~1e n :3 r:.:l d tl'Qct l.mlc;:ss by t:~e UW:111:1I::OUS ',ate c'-~ -t'u; co,;;;,:; ::;;:;.:,o,,:ers b'J1; ';ot ,:::,:n any street cr 8.116~.,'; ~3l:_cL. [U) 8:1P,11 3:101"'; t:.1e loco..tio'r: of e':;,c~1 reside:nce U';)02:l said t:fact and all iLl~)ro".c2.,c;nts. (1) A drillinc 8.iTccumt providinG ?cloC'll8.te:Jl'otectio'l to t'rlG >ar0:1.0S in j.^lterest, r)~:;- aneles tiC (h'illi~: 1':1. on all sidGs~ e::'J:-PlL.;-<.; O:,j:lO ',:it~l ade','Juate ;'i:'c e:cc:b:ui;-;ilc:rc, .. ,icll 8.1'8 ~co be J:ept in 'OOU (;>1'(:01'; "I~~ D. .r02.301-J,,~\ule ail8- ~tc.elJl).o.te pI 0_1'1 f'or tile hc..ndl o.~... t.'~-~G cl;J"ch, ba:;is secli::ccllt, "-'-'-.;8.1 t ':.:t-;;8"' thD_t ;lay 1.1e ::l'O':'lJ.ced in t:w (ll'illin~ of ,:;aiel ',-mIl; aild fac..d:i. ties for 1ulncllin:,:; 'cducticlll 'co t.o OT} tho.t :l.t ',,^Lay llot be "eCeG3:T;r~0 e,ere oil 021 said e.l'ea in ezcc:::s of 500 b8."l'01 s per -;:ell; .c;uch a:re']I.Len-c. or a, Tcr;l:icnts :shall r:a::~e\:"'~:'Cl'T(),: is: 011 t:13. t ii, .the 0vent t:w liel] ::.s " Jry ;wle, or llO:'-I)l'C), 1.lct:ive 0::' e::;Ilor oil or U"s, [L11 :no.i.;Ol':als, cl:1",ent, tools, and :J8.C~';,"or:' .)"' ever? l~i'!d and (;;lE~ractsr 1)e e ~.-~','i.8.11. 1je l"Cl"~.o-ved "t'~cre.rro~',~ ,..,.,..-~.t:lj.~'1. s .stored 'Co Ji..8i:c ori,'l:.lc:.l eo 8.l1G l~:LC' -)reniscs 0.8 lJl'o.cticQ'01o. SectiCl: 3. rJl, .. _1_ 0 .... .,~~:::.. !-, ':oocl and s 1J.:C':~ j ci ont ::;umt:r ::.~::-: 01)C~1 :)J,[~GUl1t as "',ond, f~:.'t}1 an '?lL >.,.-cr~lzeCl t'..tC ofj~".icors O~. r.;~.:'.i(-1 city DoJ 1 i~.2'. ::;, 1..:. ~~").1 ~ cC2.1c1c}."ou 3~):C C t~i~ I:laJ de. te> t:lO CO=;cp8.}.l~r , or cash de'~,os:i..t, in (10 e-",iGl1t 1 ass !.~3D.nG ;2~nu., U:.l~ t :'1..~~jl T8i:~ Ci o~.~ .:)8.1 i.r~~?, Lc~-'oro '~lrill - Jer.~'ol"'>~r~a:t1ce o? .tiH3 f:,~'rc~3~.~e!lts O,_<:;:co~~'_tj_r)':'.~s ac-:.ur~ll~.r ;~;c;::'ins, Cor '~;he as set _~c:("-;::,h ~L -1.C~l.~.S (\rdi O_~'lCO cUld fa.i th_~\ll }lol_l~!.::.'~' t,; c c':" -+~"\i froe G:i:.:. (,r>..~.rilless .'"0; 8.r:~:/ d8..Ulo..~'O T;' :~. -:.-::.:1 . ~a~.~ ~'.:. r.i.::; e ::_:..; ~:110 - r e:3 ul t 0 .:~. -:~.'l.':..; c~r ill 0 J) G~'~ ~? t;.:.()~.'l S, "CI'l.f] 1 0.: .L~ 8.:~~=3 01"':":-; tC :::l.o~ling oi'> l',l8.C~liTl.or:r .'.11-":'..'2 .:~ n'i-l- ';"'..l-'- v. (J 1 .'3S, th.G [; e t ->,1. .~ -,-' r',' 0- 8..l~C~ ...1-'\-:, v__.'__ o ,...~ ,', ...)(.".-.....-.... 1]1"1. -' .~O ~,~ ;~t 1. ~.. n 'J, S .t; c ',.1:', '", -.~ '~ \.. ~ ; .~ :_ '.J :J,. ~ e '~ :; ~(j) , _._,_._.__.._..._w_..'_._ ~'';.lc d .' '~h'.:;h.a C i<\/ C1 (;l'1: ~.nd '. .'ce 'Jc";I' cf'or 0 l' t;-.;C;;'lt~:-,' i VC VJ SOO~iOll /L. 'llle [L._"gl1.c~~:;..:.".",c::'.,;, ~.'.S -)~.I:-;::..1l :::'...L.10'\'0 l~O ~QC(~-, 3~lall 08 1 r-~,...... J.,;";"... ...) s'~:D1l s.lall ;.:.c. 'J:' J. r c u... 0POl:l .G. >_C _ J..J.. ..',.I. Co. ::.. c n. t:.~ c ~-~, , , i..~'.~e ?..i~le i)C CO~l si :;.ereci .....:;.1...l.() __.(,)[,\1.'.,,' (, .::' \..,U:. ." " i...~~L:::; ..;..l,.i..;.~)~'~"~ c.~. :8 C~"_". --, Sr'~J_:~. f,";., S'.~'~d }_G ~ ..G ~:'. r () ,~.: ,1 . . vGl.:"';-~J..;];] :~ ("'~ -'''' .J ".ll dC(;L'L l .:~ ~,\_ ":.-... 'J :'.1 <,:.jcr~':_late -c c .~~ C( :.C :: ~.L~;_J.l i,ii. ej.,; ~-1_ :=.; c.(:;. :l.r:)"l, '~~;"J_' ::;3.~: ',,':' fil 'C8 01 c\'.rn:L"t~T--Cl~...c Cl(;J.L~~.rs .1. ,..,8 :"e' /_ l\~~>\ ~c .~~ J~ ~". __ C ;-,~Xl. \~. 3cctj [' v. _," ._c<'J:":.~ Co. 8:'''::.1.,\ l.J::-:'"3 ., :~".J_l t1.~;_ e r~~l;~'... 1"e- SeI"\lt8:: t;~.,. C ~3. ;..10r.!.-T;-;! to re.-".'t~3G :3..,"C~~r f't - . . -: ).1. .'. C. -:~:-'- ') ~< i ;.... f\ ) or',Lll t i -\...., .(. ~~ l)'.~! --'--- reason of ';:;:;'0 f'l'oposed a=:p1ic:'.;~i(;n ::01' thc pl'o;x,~;ed;'cll, ".i"., '';,,;C;'J:c,c'ccr o.nd 'i'~,.lV3 of' '';;he pernO-nent :L.p:ovm:cnts c:.:..l'cfl.d:.l cr'ccted ',,:'\ +;:;,,:,,~'~l('.t applied fo~', or ftr.lYCce:!'C ther';o, e ;, t~;c '..:lSOS to ','[Ili,;h t:c 1:::\1 fu,J s,-,n'o'..:'lllll:l2,.; [XC 8.daptecl ..\ :,' ci",-ic p1.i:'pcsc:~ '1:: '0:' :;:,~'j, i.:,',:;r:'cc.SCrlS, t'le :'~lling of 0. Gas ,,~ oi1 ','[(;ll, -:;'11 1/: 2, .:;c:c~ O'.~,S d:~:;n('lva:1tt"be to the e:,ty a.lld its il...n~,uJ.\;~.nts c.s ft ',:..(jle,,':~o,[~GeQ, Iwwe-.rCl', t11o,t ....;]1(;'.1 ,.",er-Lilt srlO.:', ~'o refused, C01' ,.'.L~i c.' t:lOS:; Y'CG.SOI,;:;,f.il.lt C,')':; 0:, '(-::"',,).:::;C, 'l;;,8 de;.osit 01' cash V''''~!.l vilea 'kec ~!.p::)li'~2l'Ljon [;I:a11;',8 l'e~c.c:rnccl to the 3. >'.1 ;1:' Cf,-nt. .",',r;, ;"C' a rplicD.t~~'~:;l L/.:; l'utu~d ,~,._!.: Cir:-,~. '~i ~)1.i. C c., T~lle Gy the ?G7ernL; ~:18rl: s.la2.l ~;hcept 8.3 ou:r 11'~;rsi11'Lelol.O I',ro-,ricGc'i, if' to co~.;.pl~r i::;. all ::-c:.::ri:-:e-Ls '_'..'J :'. i z eel .to i [) 0 't)J3 r.',. ;) C J....Li:l. 1; 81L~I~ ~lC 6:{'j.1J 1,~1(~ Cj .~:(;1-1 .,~>:"o-\j'lcle-d ._'0 r, (; ."ell ,,0 ..8 C.~ -: iJ iJ:.J_ G ".,,:::"l..:i.t Sil~-:.ll Si)8Cl..:..":.r Ci~-~e G:ll ar .1 (< C ~ l. ___~;~,l ",_Ll:'~11 c:2-[;c: ;;'~101.',; In ..,., ., '_.i~. ~'l..j l.eu~, ,~;~'~l,J t~l8 Cl'O~::'C v. ,1- o. v :.:.; .:'- L...~ .1 .L ;..Je G,:C :)er.:. iit:Lc .~C\ e .~O(;tiCjll u. i~Li::'. 'J ,;'1 o'-')e~":~j- "'L..UC.i:' C;,u'r " }JGrLlit ~_ _:.; 'lB( 2: r;. ::;: ~~;..:: '. u -: '~'. .~~ () r ;__~(;,(~r 'C:l:l. s --.--'.---- CG....Cl..~dJ..;.ODt T,.-~E:I~ ;';-;c, C".l.c.. 0::'1, ..;... \...' ucocl O~:" :.:1 ~~C;'.: (_-..,' 'l,'r'" ....,f... ,~, J. ::L.I :LT,S C": -i~, (L e C.t. c,... O.t; .!.81"~/i:-... S!~' GO :1.10',,' cei c.'r(i~_~ .f:.D.C8 Cr Q>:~.,;r c.r D.l" Slf. ..J.~l'OL: -c~":..(; O)erL~..-c..J._O~'1;3, s.tL~l) ",;, ~_',--, n "I", ~L::,,:;', l"'~; uS L ~, ~;.L .~~:~ ,CllC1. ~:<..L1.d t>,C lJ :;L~ .10 ..>LJ._~-":.' ::; -~Ol"(.~<..:e C ~...u-c to e:Xeb/:'~.) ;":CC...,,~).:crels ci\ oil ~".' -'-- ~~)" C~: ~~.: C 11 ; '--:; ,.. ctll '::;XCC'..j'~.-i.~C~!.CJ~'lS :::.llU ~;l'\..i~~:h ;]Gl-~cls ~: '-i .,..11 ),:~ c '~.-,.: s:':cly C_~l G1 l}:: e(~_ ,. P", -:-. '.~ ....'. ......J... u.;..l. ...;; -1....:.. GU \..,. ....;.T)v....Cll, .i.CI1CC. 'liHl-c, tilO [i:'1~, p e ., ." .l....1.,-1(;'4 n1l:7 :0 r.l...~.i. t~tec 11 iJ0 , .. :...i.O.:1C tLlc__'.;_1.... t;_e :.; l,~ : ~j I, r-'..: ~0~l-011 '--' ~ t_~le :::'-:.:y ..., ~;r u' ;~.:,'ie .'"'< .~ c J~", ...... \ (., P":lS~tS. S0ct~, H 7. It 3:1';,] 1 ,}'c; ~(,:':e <: 0.. c"'el".' ':;crsc', '." 1'.,. c;: CC1'pO;",.~.-;;:,.C>11, to 10:, a P(;~';:,it na.y IJe is:';LJ.ed, a~; )~'v!5.de(l i:c: t;,iCi or(;.LlC'l'lCe c.,::'tc':c t:w ',:ell >.ole Oi~ abr'~i.1J()::.'!.e(=, '''!',.,' :"0- ~.i~:tS uel:~-'J.1 (irillnc.;. irl tl18 event t.~:~l:.? '-~.~.~e ~" S c:. ,,,0"':8 tl1.0 '.iel'l'~~ck, drii1 -1.;001[;, 8' ')':'"..8n-\.:; c. ::'.~[t e~"l.i ne r:/ ::,"n~-,,~ t~:1 10 cr~ .:"_c.r~ c':' ,.0 'i,ell U..lCl .~c l'e(2~':;()1'O -\-.1:0 '()1")):L' 08:;;''-'0 'i~,\eir' c.:.:':":l.8.1 cr; (;'.::'.t:con, ~".8 carl: ~s it .~ ~ructicul so to Jo and to see t~ut t~G ~cll JS n~clcrly 'leG. In tLc event oj 1 or- 'QS ~ S r',rO(>1GfC)(~ " 31)c11 ":[oll, ~~.e:l~t 3118.11 [,8 _ y, ,_ ~t::' ot' t:,c 'colder of tho 00rm 1.1o)On t'rle co ")luti{;~'c n,' 'i:1:]l':ilLul['; 0..." '=' '..roll to ]'C;'cO'It' 8.l1 .,1~'.c:ci:1e1'~-, (':'(TiGelt. 8.'.'Jl ,.L[.tCl'::.~:.1 ,oC ;,eC0~ ('.ry 'co be l~e'~'_'.inecl ::.~o1' use In 'G~le procLlction o';'~ t>,o oil 0.;' "'.':-:0... -;'Ie:: ....,011, o-.r;cl inso:..'nr 2.3 c;-U1 './8 dOlO, co_~;: sten'c -.ri th tne Lco'l.-,',c'.: ".en .c'.::". ;':UCll .;011 to 1"C":;:..ore the nre::l~3CS to t::cir 0::'- 'L1.f~1 (.:Oh;jt3.Gil 8.:'; ,L "... ',." <,-'; j c:~',l. 1'.11 c.'> ';!~'.3..,:(1, a:,the;.' in the event c'" hole 01' :". "l'{,:.,;)c:,n' ;,.e11, ~':lo.ll UG ,lon(; y;ith~l, ::;i.. (;0.'::; Gl'tC}' Jc J.O" o::.".:;lC (;rLll:i.l,r: 0.. ;:.C ,wll. - '"1 , .~" e ~Cr.".l;,;i(J (J. 'rD.J.-:~t;e,:-l (~_. -~~:::S1)Cl;. lor :~.:.~c (jrilJ. ~,~. Co l~o ')cr.L..~it ~J_~-l[~ll ~)C ---.--.-...--- ',el1 E::ccpt r>,"~ ~:. \. / '.--~ '":1 :ro~"tn,'.i i.clc; --'Jlj_C~-J.:'lt 1Jl1der cil 2~nd i~..lC '-~ "' - :LD ~.' ~(t It:;n88~ ~:.hc l~8.n.t" or llr::.ll~.tnr_: eon'~~rf;,ct fro~;l t~1G CiyrflCr C"',,'.Tlert::; :'(:n-.Ll:"Lss:i._or~. i:.;o ;~r~_11 -ciJ.'c;\'Iell; O.lll."i -:_"'~.'.cn C:.- er.:-:l..:t ,srlrlll '~'_:,".;.-r-:: j (.,('~"('~ .1.:;;:::;1.10(,:, ~._~c; ~)')~:.e ~;]_1,:.:;.11 t0rLLLJ:1Cl.te al'lri 1)eeOl:lC~ J._l:ODO:-.;;\t~\Tc. -.',':itl'lOut 8.11Y P.ct:'~o:a ~-'~.-l ti"g; "'H1rt of {~~le ~jop..rd of co:~ ~ "-i~~::::(jnGl":3 oL~ t~le ../Jl~::l, 'llc:.;:c .~:...C:-l:L~1 iY-..I :,7"8 J..rc~';-!. ;":;..:'.:.0 ~-}.,:,:~".t;c o:c :!:j;,~ue o_:~;. S'1.)ch ','"j ~:."Llit o.ct:),o.l c12:':'_,11ir:.c of .G~'.8 \':'cll shall I,:.,f';.'/.::; .:OG.Cl co:';..! !orlf:~e(l, :~~,-lcl f.:":.'T,C:l:~ 'I' ~O .--" -; 1 n "iI..r:~lJ ,-. ~ -: 1 '.';J."\,TC (;O~:L:.;le2'.cecl, the ees3~l_ticn fa:: c. J.~~.. ~~e p8r~},c<~ Cr)(},'.,~['"t.=~O'1:3 sl"~~:::.ll cJT~cel t.Ile I)82....::1.it,a?~d t}JO "~'Jell sllall a.s abE2:~.done[]" ,~"o:." 0.11 =';)2:--'(~\cses 0-;: t,_~"s orcl}l~CU"lce u..nrj l'G of' .,le r ~ 11 ~ n~: :,'('; C:O',:, :;i:::e;:cd ell',11 i.'e l)ru,C:.v;- 2u1 t~lt31~CC_i.-..t;e:" -c..:o cOl~til,~ue ul"::ll:illC; o~-. S'w,C:l ",'.,cll y,j'.L-t:ho':).~.:; t:--L~_; i ::;~V.C~.11ce r:._~o",: ~Gr .cr. ,it. ~)ec"GJ.O~-l ~). r~l~:8..-c J.1CJ..7~~J.:er t>~~_s ()2."G:::"'~'_'.:~:.l~;.ce, :'~:or ~~.l'l:r P8~~~-li t i~S1).CC~ Lr::rc- l)r~:LCJ.:."'-;-;i(,l~CJ.-'i~~ interpreted to ~~)"2~nt [ln~r ri '-'h-:~; cr 1~:.ce..i.3c .:;c !~~!/; 'it;;r~~a::" ttee 1:r) 82'~"T:cr L~::),.'n Ol~ CCCUIJY ii.1 a~i.l:/' respect i:Cl t~le dr~.ll or ~'r!,~'(>,:_cticn o'-)el"a1~i(:'.~s, an:"lal1c1 e:xcep'c 1~l L:~1C "/.Titte~1. CCllSOl1t 01' fue 01'.rl10r; 1':0:-- c_'lall j -;~ 1. i.::.:it or 'Jre~v~Gj:}t -tIle Cree J...l.. ";~ 0 _~ f).n:r 12..ntI OV,11er to contrae.t:; i'or the G\.~~C1.1.1'tt of ro:ralt~;r to I>e :i-ell re:.3J)ect to .:lS c,,;:r{l lal1u. ~ectLn lC). 1'11at ~10 ){3l"'l.l.i.t wh~1~cll s118.11 iJG =lS8UCr.1. 1X::ld(}I" :-~!l_~C:. OrCJ._lunce e or Ln{~8r a11:,,;'-~11drne21t :1.ereto, 0:1." :;~1y'rj--:~~hts, nr.~-\;'ilce~~cs or ..crt'J:lc'~L~Ge c.:ranted h()ro":;,~t c.:r horeuJJdor, chall ezist lont:-;er i;l"lan tor a nc~--'iod oi.l ':(.~en :lc'e..r s =~ro~::. tl1e "fl to 0 ~:. -c ;''.e i~' s uanc e O~;: -Gf:e 'lCrl'.li tor O.,S 1 OT1- ,(-"~ t~!uo roe.fter as oLl and/or!.'ls is p:'oi':"u,ced fro' 't;:lO l:.rac-c. Sect iml 11. Tno:c al1~r '.riol~ttlon o~ ~).n:r o? ~:'le t cr.~_s o i.' tlL',..3 orCl:~,:"1'7jle(;, ___'H_______ ~.",!et:~e:.--. hr;:--c,~.::: de::.lO_,,:_~_lJ,a-C8d a~3 tlY1J.s:.1..,.j~1).1 01" -tot, s~"lall bc~ decrlcd n j:-;,1.s- de},~ea11or, ,'J..:"u,l [\~n,"\/ .)er~:jOLl or (;o:;:-~.'lOl" t:Lon cO::'"J.".-ic"tocl 01.' (I.Il~; S'JG:.l -',T~!_olf:~':.~,j,(;n 8~1,8.11 ,8 "~Ltl~d in D. Sl.UYI :O-c 0xceediJ:l;' 500 clol18~rs, e...lld u..::'"J.:r r;'Cri.iOn so eon- victed sllC:.l1 :')8 com:.L\:tted to jail UTl;il s~'.cr) fj"e end costs are ',mid. Eacll d~J.~r o,~" the eon tin'\J.unce at C.!T~r S U c~ '7iola":~:i 02.1 3118.11 (jC CC~<i S :I,derecl 3. s89ar9.te o~"lte11se and n.n:,r J:Jerson, fl.gont or er,lr)lo~ree en2;'::\.,~~'ed J.11 aIpi/ Sl.lCIl i/io1a ti on s~H.1.11 on (;OlJ--/ lct~:_on -l)C so pUl1i siled t~'le 1"'c:'o r. section SeGtiOXl.12. If fu1."I,/ / of' t}~i G OraJ_It:_'.JlCe shall 'ue lleld il:valid for any reasol1 it 3l1o:I'-1-not affect tb.0 ~validi t:,/ of on:r OtllGY" sectioll of tllC orclil1[t~ co, or of t~10 rGli1u:._nder 02 t118 or(l:i.~-l.al1ce as F: vL101e, and it 3:'lall ue canci tls~~""v"'ol::r L)re:swrtecl, i'q SUGll C-\!CI:t, tl'lat t}le ~joard of CO:L"1:liGsic~'lel-'s Ol~ ~)aicl ci~c:;r 1,".'o'J.ld .:1a-~"e as[;eCl S"...~C~l orcli~-HJ.ncc: 11otvlith,stEtl:din,s t}16 ir~1Talidit:l of s:;oh sect::~..ol.l or sec~~io11S. Secticn Tl1a t t;:li S orclirlane 0 :)uo1 icaticn in tI~G ...,..., ..l...... i'orce fror~l 011(: af-t:-ei--its s:~a11~;[d:e eff,ct anc, o:'2jc::b.l c~.ty paper. , ~ .1.0. 00 ~ntroduced.. DecCIiloer 3.. 1~>~:5 Passed., Decer:locr 10.. 1 :::.45 - ,J. E. Vcore, Jr. --.--- .,----~ I',:a"'Ior Attest: CliUG. E. IJa11J:er -City--C18rk ---- (Published in the Salina Journal 1943) ORDI~AlJCE NO. 5837 AI>] ORDIi,iANCE providing for a curfew in the Cit;l of Salina, Kansas, prohibiting and making it unlawful for persons under the age of 16 years to wander, lounee., loaf, loiter or play in, upon or about public streets, side~~lks, alleys, or public places within the City of Salina, Kansas, after the hour of 10:30 0' clock p. If., or before 6 0' clock A. Ill., making it unlawful {'or the pa.rent or e:uardian of any such cnild knowingly to suffer or pennit any such ciild to wander, lounee, loaf, loiter or play, and Jroviding a penalty for t:,e viols.t ion of the provisions of this ordinance, and ~]roviding for the repeal of Sections One (1), Two (2) and Four (4) of Ordinance No. 965. BE IT ORDAIi~ED by the Board of Com::~issioners o:f' the City of Salina, Kansas: . Section 1. It shall be unlawful for any child Q~der the age of 16 years to wander, or lounge, or loaf, or loiter, or play in, upon or e.bout any public street, sidewalk, alley, vacant lot, puolic square, or public place within the City of ~alina, Kansas, after the hour of 10:30 o'clock r. fu., and before 6 o'clock A. .~., unless such child is accompanied by a parent, a legal guardian, or other person having legal custody of such child or unless such child is engaged in the perfo~nance of an errand or duty, directed by a parent, Guardian or legal custodian, pursuant to a written sta.te~l1ent dated the day such errand or duty is being ?erformed, and signed by such parent, guardian or legal custodian directing such child to perform a bona fide errand or m:is sion for such parent, guardian, or legal custodian, or, unless such child is proceedinc pursuant to tIle scope of lawful euployment. Section 2. It shall be unlawful for any ?~rent, guardian, or other person lawfully entitled to the care, custody and control of any child under the age of 16 years, to knowi~gly suffer or permit any such child under the age of 16 years, unless such child is accompanied by a parent, a legal guardian, or other person lawfully entitled to such child's care, custody and cC:ltrol, to '~nder, or lounEe, or loaf, or loiter, or play in, upon, or about any )ublic street, sidewalk, alley, vacant ~O~, public square, or public place within the City of ~alina, Kansas, after the ~our of 10:30 o'clock .P. 1i. and before the hour of 6 0' clock A. J.... . ., e Section 3. Any person violating any of the provls:cons of t:lis ordbance shall upon conviction be punished by a fine in any sum not exceeding One Hundred and No/IOO Dollars (HOO.CO). Section 4. Sections One (l),.I.WO ~2), and Four (4) of urdil18.nce l;o. 965, being Sections 15-132, 15-133 and 15-134, respectively, Revised Ordinances of 1939, and any other ordinances or parts thereof specifically in conflict with the provis::ons of this ordinance be and the same are hereby repealed. Section 5. This ordinance shall take effect and be in force after its publication in the o~'icial city paper. Introduced, October 4, 1943 Pa.ssed, October 11, 1943 . Attest: Ed Morgenstern Mayo r Chas. E. Ha.nker City-me~- - 4t.. ,_ . . . 4- , ,_ k". (''ub118b1d 1n the 881l."" hU"l101 ~~ ~ 1_) QIt '1" .I1.wE .00. OOlG All iilt It~ ftrCulat1nt the ~ ~ looatl_ 01 autroraob:U. trail.... ani fda~ to aaX1 N".a.~_ .. U.cer..... l00a'Clor.a. .....losa. 11M '..... aa1 oonduo1J or autobot41e ~ ..... detS.111. ... tala ......, proyWlQc for t;bs ...... ~. MCl provi.41lt1 · ~. for ... violat.1<D of thS.. ol'U~ l):, '.JIDI\II~ by the ~ of ~la'l.... of tho C1ty of ...Una, I:~... I4Iot1ss l. Ibt l!Joe.fd ot ~1"1caera .... 1" I.........,. fW the pre- .....tlO; or -0>04 Older in the Cli:7 of l:jfdlna ao1 _ ,...... l"ury 1>>0. .. the d41eil'uct1on ot or ln~ w1tb p\ibUo &ad. pr.l._ prope.., .. .. pnlNl'4 l:nwoduotlcm aa4 Ip11'M4 of ~OU8 4111.... leto H14 01_ alii tor the pI'Oteotlon 01 tbt ...,.. ADd l.IlDn1a &at &oll8Jl'l&1 ..uu. or Ml4 01 tl,y. to e.doJ* alii ..... tbe provs.etGOl berctr.tter .., forth 121 UWt ol'\'11naooe &ad tIhe "'IUlat1OD .Mt t'ortll atI1 oon_tt1l4 bortrla. _~""."'* at ~f~~~,~ "'.... ~.. ....... lJ:l ~11. OJ'UI>>.DOG, \m1.. . dirt'...... !aiiiilne ~ li'iil\ tho oem.... ea) .AD ......ld.1e '1'raU.eF', -hi1_ Oeuh-, or -Tra118'- t.IOaoI .. "ft)hlal. or.~ eo 4"1~ an4 oo_tr't>>tM in .UGh ...... .. Will pw.. .t OOI.'Q~ hnot .. aleepl.. q~ for oae 0,. lION ~. OJ' tbe oomuot or .. 'Duet__ or prof-loa, OOCNtiAt.loa or 'Nde. (or U8$ .. -U1nc 01' adwfUalag 4m04l). and eo 11..1--' t~t l' 1. 0" ~ be ~ot1nW OD ...1a eud uaed AI a ~ co hit..,. or oU~, 81ire...pfttpIlW 0.1' d.... by Ita CMb or otflrJ,r ROtl... )'OIIfIIION, GXeO~l11f; . ClMloe ~<<1 ezelua2. ,,'G1y \lpOD a atatlOf1U7 Nile or t.... and Wbe~ or no' wbeeb .,.. atta0!w4 tt'lGhto or 4....... 01' ~.. ti~ (b) .I. ~w c.:v. ,... ... pa.... t.lrtdler t*~ tn.11w coun. 00UI't. 0IRp. 01 te, lot. pu'OfJl, or ..... 01' laa! dea10-1. nl\f.a.1uedor 1:1-.,., tor the p~ ot 1UW1~t1(; a looat1ot'l 01" ~&ltl>,i ['.for oae or tu<)I"e tn.11.. o-.olwl &Dd Ujon ..nIGh OM 01" con trall.. ooacblll ....0 park.s wJd Ghall include all bulW.,. QIIOd or 1.l3M4 for ue. .. pu't or "- equ1p."- tbtl'8O.t ~. o~ 18 M4e .iw tbe UN of tbe tmar .. &n4 1te ta.o1UU..or on. -'"U.." o.p. .ba11 00';.001. auto:;.obU. or tAiL!l.. 8e.le. J.ouOG wblch 1D)oO\'lP1_ 'trail... aft) parkod tor ;'urpoMa or 1nepeotlon tal laae. (0) A wuo.t"- ... a eGO't10tl of GJ"Ouoi 1n .. ,",11er 0UIp ot no, 1... then 100 1Iq.... ,.... of ~1e4 ..... 1n 11m __ "-.loa.. iii * 1001- 1:1on tor 0Q.l7 cae auiJc;aob11o aa4 0Q8 ...U...... (4) ~..... -~- 11'*11 be oor..".. to 1Dol\1lle PU08O:W. ~... Ih1P. ~ -~. OOI"pOI'at1c:lc, teaaa.. 0III1le1". __, or U~. 1:lb8s... agents, Mi... 0fI' ...tp. \e) For tbo~,t.II'pOM ot WI oll'd1n1liOe tbe tem ~.. QtttCGf''' 8''&1.1 be &:..:1 to reteI' 'to tbe tetm. BMlthott1.oef' 'Ot 1a11ne Cow.. 1.ar.lI.... Who 8Mll be, -.offioio, i'ol' the PUI'p04M of tM.. '.:II'd~. "- ~ tb VlrectA>Jt or tbe City 01 .Ja1~... . . . . i,=!~..I;inl.1...1.11... nl..fl..I.liJ...~....I'i tiff ;1. (~fl;:J!; li.J. r I Ii s ~I<< :;: (I " ~ Ii _ t; i B Ii i Jl " i g Ci' f.. ~.c 4''' ~lli ~ II i tll p .. if I !14n =..~,fl..r f~,~t!dilleu" !il~ ::flt-jft'''t::~hl,> :I'll ttJ!~~II~. ~!J~i~JP:&:i:II'IJ:f hlffi:!H1Ul~ J;crl ~iE!.v. !l;fS,lillsj~iI _ a:"h ih~l~~~:j\f ~" - II . , e ..I" to i ,f ,fl~ ..... H I - . - ;1 .. "f - ll" ! ... f' f I f ~.." II p.:; 11" IS' 'il n" u '"._ Ii' .. d4. i a !i~!~f d~o~!ll~: Ig!li~!!J:.,hJ(;g ~:~g p-, ilrih.h Ifl'. !'. !'.l i.~:... ~I. Lt~-.: i. ... J ~..Airf~. EI. fill. !o!. "..,s..,J._ gl.r;.:.~l:.~.~. .11& at.-. e!.. .. .-. II 8. It = I f Ii It t ~ 11;: ~ !s,:; i J Il. ! f.. h l' ~ f :ri E: I! 'g It .. C t " I' f.ih~ llJI('l' J~ilil:fi:..fiil 'i.F 1.1" iii~r;d !i!i if.v, ..14l i ! :o.MI,,'8..~ IJ.. wi Ii. i- . tNc'b, ( e..'1d If the reel. vested in IIaZle l1C1l1"1on other t.ban t.~ "l; pllcant, a d:J1,. 'f'fH"ltS.ec1 .t...~nt by that ;)ot'l.'tC)Q ttat the appl10ant 1. authors.... by 1'11'11 to ~~ or Itl81ntlaln tho t.ra11or OfL'r]Jp, at1d to jii;&;':e tbe .pplica- tion.) and tlIuoh .. l~ (.le.OI'ipt1on of ~)4}pNd.... upon '"hioh t.be tn1l_ ~;lp 18 or will be loeata4 a. will ....:Ul,. ldfJnt1ty ao4 ut1al -11 1oo&te tile pNl1!.... Iho application ahAll be "'~ie4 b1 to-~r oopS.. of ta. 0-., plan ~ 'bl. rol1ow1!JiZ:. oither -s..t.lJ:ac ot' as p:'O~' (1) lbI ~ aut.,... UMC1 foro~p~. (I) ~ AtX1 dJ"1~1 (:5) Looat10Q of' .1to1 01" UD1. for tt~&11er ooaobH, (t) Looat1on an4 mr.tber ~ .an1tJo.ty OOD'fttll..... lnoludlf1lG toll,;,., -ehroomI. lAUDdr1. NIl ut111t:ll'"Oama to be ....0. b)1 ocou;__ ot ual.... (8) lhtb04 cwd plGD ct '~dl.poM1, (8) tIothc4 ~ plan ot ~&~ ~. (7) ... tor _tor ~1T' (8) Plau tor e1eot;rlea1 Ucht4nc otw._. CI'Ol4. ..... bW..l4.1ap. (0) BetOl"O'ueb Uoen&G .., be 1'.uM. tliON PlUIt 'be .. tfl\von14. ~U_ bit. ~A-&jorl" of the 7latmlQ(; ~14.1OQ of tlJe Clt:fol .Una. applN't'S.nc tt. 08p plan am 1o_t1~ am the ~.. I:1U8t be 1nttpe0te4 abd &wfO,..s by the 2<JUd of lmwt1nateN .. ~y1n(; Wi tb tlhe J}I"OVl.loaa ot thU 01'41,..... T~lQQ" ~:~, Tra1141t ,~ t-) the looat1on ot tft11er ...."liiiiiin ,~ .ran ~ l1iI1iiiiil "" IUob 41.vtott 01' ..... wi.... In tbe c1t-y of 1a11_ .. ~ 'be prov1~ ur:deI> the ... Ol'd1l'JM'.104Nt. MIl ahaU 10 no .,.,... be loeaW 1n 01-.. U. itA- or wnw ....l~DOIt .e 41.. tn... .. provue4 ror in weld aOldQs Ol'dlt~ (b) . tn.l1.. 0GIIIIp 8Ml1 be 100." wUduD. the 11l:i\'- or the ct. of saI r... unle.. olt1y _ttl;- and "I" counenlont1 and t"1t'o protet.:tio,a faoi11tt_ ... -...J.1U1.. ud eleotr1o ~ tor ll~hti.ltc 1. pN'dUd fVJt. . . Ieo"'oc~ ____~l!lML (a) ..." trdJM' ~ aball be lo-.W OIl .. ..n.cftt._ ~ p...t.. lhal1 be .......17' pe.t1ed 10 .. 110 Vl!~ the aoot.aI1at4ca of II'toa 01" '*- ..... (11) Ualta ohB11 be o1earl,. d..~.. .. -the 08ilt.p eo ...,.,.. that all ~.. aball r.oo or a-" oa a c1ri'ft1lll&F ot not 1... than ~" e_ m w14-, &lvlnt .... ..... ".. all UDltl .. . pubUo ~ Suob 4.1"1..... .,eba11 be -.t.D_l_ 10 {.'004 COQI:11 t: oa. ..~ natuNl ~ 1aIIo . cl~....... oatch _in. 'be _U 11Q'lted at niGht aDd. t":I"oe ~ all obt~ '1__. (o) '-.. _.n be 80 laW o. tI.t DO Idt ehalll>> l-.W farther tbAQ 100 ,Nt fr"fIa 1*_ tol1eta ~ awv1_ btdl.cl1Qp pl'OY'1dtld tor hereto Md -1..,. to .UGh but14:lQp -ball be peVGd 01" ~U.e4 &nil .1; .u 1~ at n1~ (4) ....., Wall_ \mi' .ball be f\uto1... wS.tb _ tQ...ws.. Mrvloe outlet. 800b OQt1n .ball" .~u1ppe4 wi. tb. ... ~17 opera,*, .....toh ot oo-t 1._ ttliIIllO ~ ~.,.. aGl . n...,. dUV ~. ....~ ,f:at.r a~._>m (a) Ac 114..... 1l.lpl4y or puN stet'. turrii'aliIil ~ti. prjea1iii1l>Qtioa .~'- ~ ~7 W11tb __ olt,y -tar' -.u. wlth aupp17 ,.... eo loeaW that tb4re ~'111 be at 1..., (UlG wator ,....., for -.ob two un1tia. 1"01" ~ andc1a1iil1ltlltlo PUr'pOM8. wIn no ... ~l &nT t'raU.er be mo... thR.at 180 tM''ti ~. ta~ . . . ~ ~I.~ "1:~!~~! i~J I I II~fll~f:i l!11 I J! I. ., J 14 Q;!1 e "'&12. ~f .. , I.. -. ~i..! Q; ... I~";? ~.. illl. ~ ct 0". i '.. .. ~ Ii i'i.' &~ ~ .. f ~1'~I'~I.' c-M-l-~l -~ ii g-~.~ 0 S-,R_ ~ i .~frq.l'fi~. B !~r~'.rl~B:!i~!li~ irill f i~ I' II ~"':!; ~li. . i.... i fal1if" .d~41"''' ia ~'~i ~1..li.l. ~;~f....~.l t ril~(I.iE!g:~. iill'4ill~'a I.'.. g~... ,.... ~.., & I t. lit . f .,- ....t;~. 'C . t" *Q t'\ f.I.~~rt.'~iJ~......EI. !.l~.....I;.fll.. ~';.81:1...~iCiJ! r ~r.. .... · 8 ft:. dt .. ... /1'" il\ .. h ,,_Jl" I:f"8','" l!.lI. Ii f'1j f! I ~l '.. . f. j I [ =... i II ~ · ~ i: ~ d 3 ~ f" .'~. · . ~ iT ..! I ~c i' I.... ill:T a., ... ta i.i.... d' .~ .:3. 'tf.: '.i..~J. II.lI.i~.... :.'i Bt..!1. !!!i.f.I~~I&~'1If!. Il ....i ':11 ~o.;I. :if_ .. r!!I(. tr:'r. a2 If I.- a~ lit: II.. i ". I ! "It" ..1. t .. . h f !:.... 5." ph II H It!. ~ t>. I ~ r.,.. t ,.., fs ~~~ I. (~&o. &_I!_g; ....#~! ~. ~ i! .." II J. ~ : ~ ;~ i".. i ti i · ii it. ~ i lI.l if t iJ ; II a: .' ~f 0 ..~.I ct~!l ff...h hU...~~ !' ~ i tg fit Ill..;; ~ ~ilit 4.1 ~ ~igJ~ ua:h! !~fl .~~: it:. ,r Ii ~I -.1 I~ J i.Jfil. i. f~i!!: iI8~ ~ !..~ ~ll li,:1 f 'Ieil ! r!ila !lc!!IE 'fig f ,4 ~l f!,t f ! fit g 13 , ... ~ .. .... ~ ",. ..,., . Goot1<>D . ~. (a) fbe ~ or ~'lor1Ml reprwontat.lft or a ~rar -. 'hall~. tho _~) au! be rMpOnalbH fv the enforoe- .,.at of flll of the provl.elona of th1s ctdl~ aOO. an,. ".l~ i-,het"ftto. A oow of the 0CItp lioor.we ariJ of tM.. 0I't'l1t*llOefJba11 'be ;tept pOG_d 1ll tbo ~ of!1_. (b) It 18 hereby i~ th€ldyt,y of' the attetdaDt Of' ver60t1 1n oharp. tocet.'1N- \11th 'tilU U<*Mfeo tio. (1) I.wp..t ..11 t1nea a ro(;u_ or *'11 ~ tV.ld ocoupant. whiGh 81:1611 boopc at. &11 t.i.,;.ea to ~:laptlOtiOD ... "', to &hi fec1efl\1 aa4 Co~ ott'loen a.a4 011'1061"8 of the Cs, ty r4 3&11t" .t~ tor &11 c."..... . (a) -. a &.r.Id add........ .apI, .. ~ "la. '1o~"h.1~ or Ill1 ooo~. (0) f1'1aM or plaoeo of o~~t of .-oh OO<:N~*,,- (0) Lla_ of: ..... WKl dep&.l'tUN. (4~ LlOODM ". ~.... ot Q,11 t.r'alleNarAt1 tow1Uf; 01" ott. ~.. "~bU... (. J1atH 18~ .\lOb 11..... (t P1aM of 1ut looIAt1011. aa1 leac1lb ot ..,. "*' ftl:1~t1on ahall b. WId. 1a .. boGIE or on caNe pI'CW1.4e4 by 1:lhe C"'y for ouch purpollo. -hall be 11.\ 4~11_"", aDd .hall be .1~ by the PWNll aore;.;le~ w tb8 peniOI:'llD obarp of tho r*"v oov.n4 by .\.lob ~1"",'\i1oa. 8D4 \'11...... by 1Ibe .. 11MU" or lUG aptnt" and .. 0i0W 1Wfi11 be ;,Ai.1ecl to tile polIo. 4cparbz>eAt os: th.a o1ty wlt.t.l1.n14 110.... 01' the datct of: ng1a'tra\1oa. (I) IIa1nta1J:l tbe o8d'1llp in .. 01.... ordwly aDd anttAry ooM1t1',11 .._ all 't1...... (I) Bee that the J?f'OV1810134 ot tbl. Ol"d1nanoo &n; OOlt.plll4 With ... GUroroed IU:~ ....~ ~ te the pl'Ot*' au1:bor1 U. a.ar 'f'1ob- '1ct.ra ot tide ordl!:MOe or .. ott.. v101at1<HW of latr Y.blob I1IF -- to bie "~0Qe (., Res>on to tbe 1)1.....,. of Health ~1 c:uee of" ~ or ant_I. &tt'eo'tC Ol"'uapeetec1 or be~ aneotled _ 'th cq. ~mtoa.w... ~.. Of'hlf'eo'tlOUiG 4Ueu.. (!) r~ the 1"\IQU1DC looe. ot 40p. __. 0" other anlMt. or pete. (v) *1n1a1n 1.."1 ~eut place., *'~ by the f1ru COparb,;;,ent. 1-.:1 i'tnl U'W.11f:u1.Wa ot .. 01". a.r..s 'YL)O &ppr'OY~ by the t4 of 1;t.o .rift ~...nt. (7) faroh.1W.' tlba 1~ of o~ firM 0&1 tbt pI"UI1_. (s) Prohlbi' \be \aM of .. Vt,Uw ~ .. P'A- ~,. oJ.' oou~ thIla t.tat "'hlob 1 t 11 d..1.- '" ~ MLate. . . ~\.~ rA~ .~~ ~.. M't~~~ p1wib.. . .' lor... Qr u.a1 ii ~ ~'9r; wi 1 . lie -tate pUp.. . Q{40. tot. rul... anr1 "ir.u~C1oa.t of ~ .t&~ de~t of n.1-, and. lld._ &tI' or ..u local O"f,U.~... penal 1'lh~ to pl.-s.!I& &ad tbe 41.poa1 ot ... ... ~ o~.__ OUTlo:1 ___. (b) s.r.t.. bulJ.41nca should.... 1lIell conetnMJte4. iauQt .... -tunl and at't1t1.cS.a;a. 11&htWlc. ~uate 'ftn1d.J&t.1oa. ao4 tloon of ~. or abdlAr ~i()U1l__r1al. Couot'Vte~. .....A1~ at lout.. aboft 'Cho tloor GbaU be pI"OV14C. a.ud tbG tloor .1...,. to -.4*1-_ dralna. 'lbt 1ntel'tor 1llIll. 4Ir.a4 oe111np of ouch bulldl. aMU be of 8I)Of:b :atc'rlal 1Wo1nW w1 th .. llc;ht oolond i-.tnt. -, .. . (0) So~_ toilet t'G,0111t1.. .:.11 be r~;&t1ced by e.p~r1a_ .1.,. an4 all toilet an3 .erl1ce bu1!Jinp Shall bel kept -11 u,nw bc~n oue bour a~ .unlet "Ol~ ~ ;;,OUI" befon Elu;:.l"1e.. (4) AU t1con 1n t!lC:'*W a.tv1 toilet I"OOti:lII .tall be d1.1nteoW daily trJ the w.. of ol11or1ne oo.:.;pouad8 01" o~~.. mated.ale in etft~ 6l>pl'Oft4 by 'tlhe eta'be dGp.~:lOnt of ~tb. 01" by 'tl. 8ealtl'1 U1ft01:lor. ~~ or olotb ._, utda. l.toaNt or _~ fU'l\l pI'Oh1blW. (e) ~.tor trGl1 .1n1a1 am ..triGeraters wet 110' be d1acbart;ed eu 'btw surfaoo ot t."\e b~ (t) All oap1nc ... ehaU 00 ~ tree ot litter, rubbish. am lr~w.. _~r1al At s11 t1.;_. Portable tire eat1tl-iu1aheN 'hall be _",,11&,,1. and. .1ti ~ood rapa1r ro,. 1.1$e 1;, t"1t;b:t1q N...... (e) F1ree shall be.,MtI oaly in et..o.... lno1nerat.ore or othfi'" Gflt11.P. ~flt Intea48tl fOS' tbl4t r;tlPpOH_ (h) III ad,l1t1on to ~ rrr(luint,ttttta :set tanh in t~,Q.e nc,;l&ttiona. ..11 ha,... tlre.11er 0IU';lt;" aad faoUlt1oe 8ball bel e:ltllb11.be4 &."1d OO;'jatruoted I\Qd malntalnt14 in oo'.pUa.noo with. 811 m8t1ag Gtnrc a:'ld 100al ..tutes. 01'(1inanooe. 000... eud re';ilftt1~. r",\1cl1 14~SL~n lArA Abe~~~t. A.r9' w..ller earl' which i. e.. -'bliined. om. "'. 01' _1nt.aln14 :cD lhe 01 ty or ,:ell.. or Wi thin ~TM !dloe of' the OOl?'l'ate 11r:rt. of the City of' ''allr. Ot."10r"\91.. t.~ 11'1 aooor:1w::roe with the !"e':tu11"'C111l\'mte ."1d ')l"OTtttloM ot th1a t!M.1t'lN2Ce 3hal1 be 4~ to be a.."ld to Gonet! ~ .. nu14W:1Ge and in ad"a t.t on 1;0 ~ othe. pera1t1.. proyl4ed tor 1n tni. o~u.~. CLUJ loon nui..... 'ball be .'taW u.1 r~ in tho ~...... :>rov1de4 by lAw tor the "batem.eat aM re~ of nuh&niOOl' .,t'Ori.t\_.,,~f'. 1~ tm, OUt! of '"-.lIe%'" ... looat.d crutolll1de of t,..".e oo1'pOt"'tlW 1~1. of' the Cl'by of f'ial\na and wlth1.n ~. mll.. t.'1nreot. pt'OV181ont'J aM t'f!lQijJ~.~ba 1"01" trltl' OOu.~Qtlon of: the 1Il_~ 1111* 01. ty _tel' and '.~r .,.~ .hall ,ot bCif ~nrorood 11" other G4\tieh()f.;ory 6011 APF0ge4 mctl~ &r.Id 8:18~l8 of Mn1 to tlon IU'ld _t.~r auwlJ' Ant pravi4. to the _tie- l"ao'tUon of said i:l~ ot Invc.atl,t;$tore. . . ~~~1!-1L._~t1Qtj ~ ~~'}.<>5' (.) the.~ of Inv_t1CAto... 1. be~tiiOi1~ ...'l'iOnM r.eUlld ~ to the t&rz. 01 this ol\1,1na.noo if atter d~ 1mre.t,1tatlcn. tbo1 detcna1ae that tho holder tboreot - v101ated &n7 of t,'v) pnJ!lr1.1<ma or thi8 ot'dl:.noo. or that VfI' trTdlor 01" tra1.1or ~. 1. be1~: :lI\1ntata04 in an una. tAry 01' ~ 01' eooet4 tIuW .. plblSo tlUl.... J!tiO,~o~ ~ IJ!!I!-.' 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(1)>) Ion. ot 1lheprovil1oae of thia olJldlaAtlCG oba11 be 1~ 80 ... to 00ntllo1J \dth tho law ot the Stattt ot .LUIU ftlat1nc:; to Publlo 1*1_ or the ~....tl()A AIlS. ;:a.1ntenan.oe ot traUea' OI:t::l,p. "::14 totrlat c&ilpe. Secrt10n 18.... Ih1a ol\11rJ&nOtJ ahall take etteot fU1d bt> in full tOt"Oe ~, .~ &her ita plUH.r'e and ."~bliot'\tl,,",n 1.0 tt'1e or"t'1nial 011;<,{ pe.pel"t Introduced. *y". 19U Pas... J.... 1. 1M2 &tJlo~n:~ _ .t.ttoetl _~~~ . . e (Published in the Sal:icla Journal December 19, 1941) GEl) LA~\jCE NO. 5005 A~~ ORDLiANCE crea tinz; a l"unicipal Defense Council 9rescribin2:; its duties and declaring an e1f,ergency. V'IHEREAS, the President of the United ;::ltates, by Executive Order signed on May 20, 1941, created the Office of Civilian Defense in the Office for Emergency l,;anagenent; ai1.d ~;HEREAS, the Office of Civilian Defense has requested the cooperation and assistance of all municipalities in carrying out the Civilian Defense program; and ':,'BEREA.s, it is desire.ble to coordinate all municipal defense acti vi ty in one municipal ae;ency; I'TOW 'tEE,(f;FC?J~, BE IT CRDllnrED by the Board of Commissi oners of the City of Sali'18., Kansas; Section 1. There is hereby created the Lunicipal Defense Council of the City of Sal) na to be cOTIll)osed of the r~ayor as Chairman and such other persons, not exceeding eleven in n1.1J11ber, as the I:iayor may appoint from time to tie. The T..ayor shall designate one of the members so appointed as Vice-Chairman who shall be the coordinator for the City of Salina. Each member of the Lu..nicipal Defense Council shall serve at the pleasure of the Layor or until the repeal of this ordinance and shall serve without cOl.li:xmsatiol1 but ma~r be reiElbursed for tileir actual and necessary traveling I'Lld other expenses ii1curred in connection vr:i.th their duties. Section 2. The J,unicipe.l Defense Council shall have full and plenary powers to emplo~' such ;"Jersons as l:lay be necessar~l to carry out the functions of the COi.mcil. 'l'hese persons she.ll be sullject, hO'ifeVer, to all recula- tions now provided by le.w ..':overning this municipality, Provided, that no salaries or cOl~lpensation be paid to members or employees of Council. or expense incurred, except on the basis of approl'ria Hons I:~ade for su.ch pur- poses by the Doard of COlnll.::"ssioners and within tne autil.orized bqcli"et of the cit~r. .. Section 3. The iLunicipal J.Jefense Council shall De charged 'Ni th the duty of coordinating all defense activities of this city. It slla11: (1) Coordinate the activities of municipal and ',Jrivate azencies cooperatins in the defense 9rogr~1; (2) I'Ceep in contact "l'rith the Office of Civilian Defense to the end that all requests and sLl.;C.estions from that oi'fice shs.ll receive :Jr01l1pt and effi cient response; e (3) Conduct studies reE;araln::; defense problems of the Ci t? of Salina to the end th8t the "unicipal ;overn:r.ent of the Git~r of Sali.'18. will at a11 times be abreast of the problems of defe::1se, and infol"i8. tion desirecl by Federal az:encies v,rill be readil:>, avail/able; . (4) and ideas of them; Surve~r existinG facU.::' ti es, proffers ():~~'l/;n L ties, services ori~:inat:ing wi thin the city E'cnd nake appropriate disoosi tio!), (5) Act as a clearing {1012Se OD. nunicipel defense i!lf'ormation for all r:oyer"1mental and private agencies c00perating in the defense ~lrogr8.r.'; (6) Direct if'forr.ntion reGardinG the defense pro.:::r~rn to all muni- ci.;:J8.1 de;lartments or 8,;;'3ncies 1'Thich are or l1~ay be affected thereb~n (7) l~;e.ke recoT!lnenda tions, fY'0T'l til!'e to time, for imnroY8r"'onts in the handlinG of defense problems affectin~~ the City of Sal:. '1::',; (3) agencies NaticDal Perform such o+;her advisor~r functions as ma~r be requested by or deparb!ents of the Federal 2cvor:n::euant in connectio:r:t vii th the Defense prosra~_ (9) 00 whatever is necessary and ;Jrorer to c2.rry out the :i.ntant and p::lrlJose of this ordinance, tendin::; to protect life and pro:)crty. ;::>ection 4. Tne Lunicipal Defense ~ouncil ~na;y expedite proceciure by or2:anizing itself into subcolllmi ttees and may subcli vide its work and .;:Jrescribe such rules and regulations as ere not in conflict with the provisions of this ordinance. It shall prescribe the training regulations. It LLay delegate the authority of prelL,.ina.r~r hearinGS for dismissal of yoluntary workers to the heads of De::::artments. The lunicipal Defense Council may appoint addi tione.l COTI'Jili ttees to meet any er~ergency that may arise but shall report same promptly to the Soard of voYmnissioners of the City of Salina w:1ich shall have the authority, at its discretion.. to oreier the discontinuance of such com- mittee. An~T .;:Jerson appointed to any osition created under this onH~larlCe nay be rem,oved by the !3.ppointing aut'ori ty for any reason deemed by it to be sufficie:'1t. Section 5. This ordLJ.ance is hereby declared to be an emergency mees'J.re and shall te.ke effect i'1llnediately upon 8xecutio'1 and7ublication i:::1 the off:Lcial city pe.per. Adopted this 16th day of December.. 1841 Attest: Chas. E. Danker ----~ity Clerk Ed I.ioro:enstern ,-""- i.iayor e' ... . (Published in tho Sal ina Journal 19~) ORDINANCE NO. 5192 AD ORDINAHCE 11mi ting the time ot parking ot vehicles on the north side ot Iron ATGUue between J!iighth Street and lUn'th Street and providing penal ties tor the violation thereot. BE IT ORDAINED by the Board ot Commissioners ot the Oity ot Salina. Kansasl Seotion 1. No person shall park or leave or cause or permit to be parked or let't any vehiole tor more than two hours at any one t1me at anyone place be'tlveen the hours ot 1100 o'clock A. )[. and 7100 P. .., on any day ot the week exoept Sunday. on that portion of Iron Avenue in the CiV ot Salina, Kansas. desoribed as tollo.... to-witl On the north aide ot Iron Avenue trom the east line of N1nth Street thenoe east to 'the west line of Eighth street. Section 2. Any person who shall violate any provision of this ordinance shall be deemed gull V ot a mi8demeanor and upon conviction shall be punished by a tine of not more than '10.00 tor each otfense. Section 3. :ih1s ordinance shall take erreat and be in torce from aIlaatter its publication in the offic1al city paper. Introduced. Passed. October 8. 1946 October 1'_ 1946 Attest, Chas. E. Benker City Clerk Lloyd W. Prioe Mayor