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City of Salina Revised Ordinances 1925 II I REVISED ORDYLNANTCES OF THE Cr Y OF SAUNA KANSAS 11925 Compiled and Revised by A. R. J8UZLCK, Jr.. and WIlLLRAM S. MORRIS, City Attorney. 247 {{ 1 , REVISED ORDINANCES OF THE CITY OF SALINA KANSAS Authenticated A Revision and Compilation of the General Ordinances of the City of Salina. 1925 BY A. R. BUZICK, Jr. of the Salina Bar, and WILLIAM S. NORRIS, City Attorney. Revised, Compiled and Published by Authority of the City of Salina, Kansas. MARCH 31, 1925 The Town of Salina was organized under the Towns and Villages Act, August 22, 1863. Organized as a City of the Third Class, on November 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. At the first election held under that form, on April 5th, 1921, the following commis- sioners were elected for two years: F. S. Dyar, James S. Hargett, L. T. Campbell. Mr. Dyar served as Mayor during that period, and the City Man- agers were F. W. Sefton, to January 1, 1922, and W. A. Layton for the remainder of the period. At the election in April, 1923, held under the provisions of Chapter 91, Laws of 1923 ($ 12-1004, R. S. 1923), Commissioners elected were as follows: James S. Hargett, four year term; F. S. Dyar and B. I. Chambers, two year terms. Mr. Hargett has served as Mayor for the first two years of said period. , • Appointive officers at the present time are: W. A. Layton, City Manager, William S. Norris, City Attorney, Chas. E. Banker, City Clerk. William Theisner, City Engineer, William Gerard, Chief of Police, Ben A. Wolbeft, Chief of Fire Department, Ed. Buchanan, Supt. of Streets, L. B. Kemper, Superintendent of Parks, • Chas. M. Hagler, Building.Inspector. L. L. Shoemaker, Milk Inspector. • (ii) PREFACE This compilation of the ordinances of the City of Salina, Kan- . sas, is designed to present in convenient-form the texts of general ordinances now in force, and includes also tabulations and refer- ences to other ordinances of less general interest which are referred to by ordinance number, and the date of the passage or taking effect thereof and the substance or contents thereof. The ordi- nances which are included by such reference are those relating to . opening and vacating of streets and alleys, ordinances extending the city limits, sewer zones and sewer districts and others which are specifically referred to in such book. The general index is designed to give quick access to any ordinance contained in the book by reference to any subject con- nected with such ordinance. In many cases reference to the table of contents will prove a sufficient guide to the subject sought with- out the necessity of referring to the index. In classifying the general ordinances under the main general classifications it has in some instances'been necessary to include under one head ordinances which might belong equally as well to other general classifications, and in most of such instances reference has been made in the chapter or article from which such ordinance is omitted to the section number under which the ordinances re- lating to such subject may found. • • -4 • • TABLE OF CONTENTS Chapters _ Section Numbers Pages 1. Animals: Art. 1. Dogs - 1-101 to 1-110 1-3 2. Other animals 1-201 to 1-216 3-6 2. Band . . 2-101 to 2-104 5-7 3. Board of Public Welfare: Art. 1. Creation and duties . 3-101 to 3-105 7-9 2. Jurisdiction of public dances . 3-201 to 3-211 9-12 4. Bonds . . . 4-101 to 4-104 12-13 5. Building codes and regulations: Art. 1. Building inspector . . 5-101 to 5-105 14-15 2. Building code - - 5-201 to 5-256 16-31 3. Electrical code . - 5-301 to 5-355 32-39 4. Plumbing code 5-401 to 5-494 40-56 5. Gas piping . - 5-501 to 5-514 56-58 6. Signe . 5-601 to 5-613 59-62 7. Bill boards . . 5-701 to 5-702 62 8. House moving . 5-801 to 5-811 63-67 9. Miscellaneous regulations . - - - - 5 7901 to 5-908 67-69 • 6. City officers; boards and commissions: Art. 1. Board of Commissioners; City Manager; 'departments 6-101 to 6-110 70-78 2. Officers and employees; duties 6-201 to 6-219 78-34 3. Salary of officers and employees 6-301 to 6-310 84-87 4. City planning commission 6-401 to 6-409 87-89 5. Trustees Memorial Hall . 6-501 to 6-505 90-91 • ' • 6. Library board 6-601 to 6-605 91-93 7. Cemetery board . . 6-701 to G-703 93-94 • 7. City limits: - Art. 1. Boundaries established . '7-101 to 7-103 94-98 2. • Ordinance extending limits . 7-201 to 7-287 98-105 8. City property " 8-101 to 8-108 106 9. Fire department . . 9-101 to 9-116 107-110 10. Fire prevention: _ Art. 1. General regulations . 10-101 to 10-117 110-116 2. Gasoline, oils, etc. - 10-201 to 10-214 116-120 11. Fire limits - - 11-101 to 11-105 120-123 " 12. Firemen's relief association - 12401 to 12-106 123-124 13. Levees and dikes . 13-101 to 13-103 125 14. Licenses: Art. 1. General licenses . . 14-101 to 14-160 126-135 2. Carnival and amusement com- panies and amusement parks.14-201 to 14-211 136-133 3: Public dances 14-301 to 14-306 138 4. Pool and billiard halls 14-401 to 14-411 139-141 5. Public vehicles; licenses in general . . 14-501 to 14-522 -141 4'47 G. Taxi cabs . 14-601 to 14-630 148-157 7. Stages and busses . 14-701 to 14-714 157-161 8. Junk dealers . - 14-801 to 14-811 162-16:' (iv) • . - TABLE OF CONTENTS v Chapters Section Numbers Pages 15. Misdemeanors and offenses: Art. 1. General misdemeanors . . 15-101 to 15-174 163-179 • 2. Immoral conduct . 15-201 to 15-216 179-182 3. Intoxicating liquors . 15-301 to 15-323 182-189 4. Narcotic drugs . 15-401 to 15-405 190-191 16. Nuisances . . 16-101 to 16-104 191-193 17. Parks: Art. 1. Kenwood Park . 17-101 to 17-107 193-195 2. Riverside Park . 17-201 to 17-204 195-196 3. Oakdale Park . 17-301 to 17-318 196-203 4. Highland Court Park 17-401 204 5. City Park 17-501 204 18. Plats and Additions . 18-101 to 18-103 204 19. Police department: Art. 1. Duties of police 19-101 to 19-113 205-207 2. Police court . 19-201 to 19-207 207-209 20. Public Health: • Art. 1. Milk,and dairy products . 20-101 to 20-130 209-216 2. General regulations . . 20-201 to 20-214 216-221 • 3. Venereal diseases . 20-301 to 20-319 221-225 21. Public scales . 21-101 to 21-108 226-227 22. Public Utilities;.franchises and regulations: Art. 1. Electric light, power, & g'ts 22-101 to 22-125 228-233 • 2. Street railways; franchise 22-201 to 22-221 238-244 3. Street railways; regulation and construction and maintenance 22-301 to 22-319 245-250 4. Street railways; regulating operation X22-401 to 22-405 250-252 5. Miscellaneous franchises' • • and grants . 22-501 to 22-610 252-254 6. Miscellaneous regulations . .. 22-601 to 22-613 254-257. 23. Railroad rights of way: . . . . . . . . . . . Art. 1. Chicago, Kansas & Nebraska Railway Company (Rock Island) . 23-101 to 23-109 257-260 ' 2. Chicago, Kansas & Western Rail- ' road Company (Santa Fe) 23-201 to 23-212 260-264 3. Chicago, Rock Island & Pacific Railroad Company 23-301 to 23-302 264 4. Kansas & Colorado Railroad Company (Missouri Pacific) 23-401 to 23-405 264-265 5. Kansas and Colorado Pacific • Railway Company (Missouri • Pacific)- 23-501 to 23-511 265-268 • 6: Missouri Pacific Railway Company . 23 601 to 23-623 268-273 7. Salina Northern Railroad Com- pany (Santa Fe) . 23-701 to 23-704 273-275 8. Salina and Southwestern Railroad Company (Union Pacific) 23-801 to 23-827 276-283 • 9. Union Pacific Railway Company 23-901 to 23-943 283-293 10. Ordinances and contracts relating to Union Station. .23-1001 to 23-1010 293-295 • vi TABLE OF CONTENTS • Chapters Section Numbers Pages 24. Sewers: Art. 1. Sewer zones 24-101 to 24-110 296-298 • 2. Lateral Sewer Districts . 24-201 to 24-236 298-302 3. Miscellaneous Regulations . 24-301 to 24-303 303 4. Special Sewer Permits 24-401 to 24-407 303-304 25. Sidewalks . 25 101 to 25'-109 . 305-308 26. Streets and Alleys;, in general: ' Art. 1. Excavations . 26-101 to 261-117 308-314 2. A. Cutting curbs for drive ways . 26-201 to 26-204 314-315 • B. Protection of paving and side- walks under •construction26-205 to 26-208 315-316 • C. Miscellaneous. regulations . 26-209 to 26-217 316-315 3. Service pipes and sewers ordered in 26-301 to 26-304 318-319 4. Intersections with steam railroads . 26-401 to 26-405 320-321 5. Street sprinkling . 26-501 to 26-504 321-322 6. House moving : 2G-G01 to 26-608 322-323 7. Names of streets changed 26-701 to 26-705 323-324 8. Grades and •Bench Marks 26-801 to 26-806 324-326 27 Streets and alleys; opened and vacated: ' - Art. 1. Streets opened . 27-101 to 27-136 326-328 2. Streets vacated . . 27-201 to 27-259 328-331 3. Alleys opened . 27-301 to 27-316 331 4. Alleys vacated.: 27-401 to 27-405 332-335 28. Trash, Waste, Garbage, etc. 28-101 to 28-112 335-337 29. • Traffic .Rules: Art. 1. General. rules . 29-101 to 29-126 338-346 2. Arterial highways and other regulations • - 29'201 to 29-223 346-350 30. Wards . 30-101 to 30-103 350-351 31., Weeds'. • 31-101 to 31-102 351-352 32. White Way . 32-101 to 32-103 352' • • • • • • • • • • • AUTHENTICATION • ORDERING REVISION. (Published in The Salina Evening Journal, March 14th, 1925.) Ordinance No. 3068: • An Ordinance ordering the compilation, revision, classification and • publishing of the ordinances of the City of Salina. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section I. That the general ordinances of the City of Salina, Kansas, be compiled, revised and classified, such compilation, re- vision and classification to be done by A. R. Buzick, Jr., of the City of Salina as by contract provided. Sec. 2. That such compilation, classification and revision shall include all general ordinances of the City of Salina Which shall take effect up to the date of the publication thereof provided, however, that such general ordinances other than general regu- latory ordinances shall be included by appropriate reference to the subject, effect and number. Sec. 3. That all ordinances which shall have been passed to take effect upon the publication thereof in the Book of Revised Ordinances 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 such ordinance published shall contain the proper reference to the orig- inal ordinance number and date, including any amendments. thereto. Sec. 4. That such revised ordinances shall he published in book form and that not less than 200 copies thereof shall be pub- fished in such style and form as the Board of Commissioners may hereafter approve and order. Sec. 5. This ordinance shall take effect and he in force from and after its publication in the official City paper. • introduced for first reading, February 2nd, 1925. Passed and approved, February 9th, 1925. (Seal) J. S. I-IARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. • (vii) • - • viii AUTHENTICATION • ORDERING PUBLICATION. (Published in the Salina Daily Union March 24th, 1925.) Ordinance No. 3091. An Ordinance authorizing and providing for the publication in book form of the revised and compiled ordinances of the City of Salina, Kansas, and providing for the authentication and distribution thereof. Whereas, pursuant to the provisions of Section 13-2902 of the Revised Statutes of Kansas, 1923, the Board of Commissioners of the City of Salina, Kansas, by ordinance number 3068 passed and approved February 9th, 1925, ordering a revision and compilation of the general ordinances of said city to be made; and Whereas, said ordinances have been revised and compiled as authorized by said ordinance and the City of Salina has accepted such revision and compilation; and Whereas, the City of Salina has entered into a contract with E. L. Mendenhall, Inc. of Kansas City, Missouri, for the publica- tion of three hundred copies of said ordinances in book form; now therefore, Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the publication of three hundred copies of said revised and compiled ordinances in book form is hereby au- thorized; that said book shall be known as "The Revised Ordi- nances of the City.of Salina"; that the publication in said book is hereby authorized of all ordinances passed by the Board of Com- missioners to take effect upon their publication therein; that upon their publication in said hook said ordinances shall take effect and be in force pursuant to and in accordance with the provisions of Sections 13-1422, 13-1423 and 13-2902, of the Revised Statutes , of Kansas, 1923; and that all ordinances published in said book to take effect upon such publication and all other 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 Section 13-1422 of the Revised Statutes of Kansas, 1923, provided, however, that the City Clerk of the City of Salina, Kansas, shall certify and shall attach to said book his certificate that the ordinances published in said book are the ordinances duly authorized to be published by the Board of Commissioners pursuant to said ordinance number 3068, AUTHENTICATION ix and that all such ordinances or parts of ordinances so published remain in effect at the elate of such certificate and publication, and that such certificate of authentication shall be printed in each copy of such book. Sec. 2. That said books when printed shall be delivered to the City Clerk of the City of Salina, Kansas, who shall thereupon deliver one copy thereof to each of the following persons, to-wit: the City Manager, each of the members of the Board of Com- missioners, the City Attorney, the Police Judge, and the Judge of the District Court of Saline County, and to each of the compilers of said book; one copy each to the Salina Free Public Library and the State Library at Topeka; and one copy to the head of each Board or Commission appointed by the City, and the head of each department of the City government, such books to remain the prop- erty of such departments or Boards. He -shall also send one copy thereof to the City Attorney of each City of the first-class of the State of Kansas, and to the City Attorneys of such other cities in the State of Kansas as may have or shall-hereafter reciprocate by exchanges of the city ordinances of said cities. He shall retain in his office such additional copies thereof as the City Manager may deem necessary for the use of the City or for such distribution as may be ordered by the City Manager, and the remaining copies of such books shall be held by the City Clerk for sale to such persons as may desire the same at the price of $1.00 per copy. The Clerk shall take receipts from all persons to whom free copies are de- livered, and shall keep a record of all persons to whom books are sold. Sec. 3. This ordinance shall take effect and be in full force from and after its publication in the official City paper: Introduced for first reading March 9th, 1925. Passed and approved March 16th, 1925. (Seal) J. S. HARCETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. • • • s AUTHENTICATION • CERTIFICATE OF CITY CLERK. OFFICE OF THE CITY CLERK. • CITY OF SAUNA, KANSAS. STATE OF KANSAS ) COUNTY OF SALINE )SS. CITY OF SALINA ) • 1, 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 pursuant to ordinance number 3068, passed and approved February 9th, • 1925, and ordinance number 3091 passed and approved Marche 16th, 1925. 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 he' in force from and after the 31st day of March, 1925, and that all of the ordinances therein published which were passed to take • • effect otherwise than by Publication in the book of revised ordi- nances have been duly published in the official city paper as pro- vided by such ordinances, and that all such 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. 3091 and of Section 13-1422 of the Revised Statutes of Kan- sas, 1923, all of said ordinances or parts thereof published in said hook 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 31st day of March, 1925. (Seal) CHAS. E: BANKER, City Clerk. • • • • • • • • Revised Ordinances of the City of Salina. CHAPTER 1.—ANIMALS. Article 1.—Dogs.-1-101 to 1-110. 2.—Other Animals.=1-201 to 1-216. ARTICLE 1.—DOGS. 1-101. Mad Dogs, Mayor to issue proclamation. That the Mayor is hereby authorized, upon reasonable apprehension of danger from mad dogs, to issue his proclamation forbidding dogs of every description from running at large in the City limits unless securely muzzled or at his option from running at large at all within such period of time (not exceeding 90 days) as may be stated in such proclamation, and it shall be unlawful for any person to permit any clog in his charge or under his control to thereafter be at large in violation of such proclamation (§1, Ord. 787, 10-29-1891). 1-102. Marshal to kill dogs at large after Proclamation. 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 'published 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 1104. Vicious Dogs, Unlawful to Harbor, Penalty. It shall be unlawful for any person in the City of Salina to-harbor or keeli any vicious dog or other animal of a dangerous or vicious nature capable of doing personal injury. Any person so offend- ing shall, upon-conviction in the police court, be liable to a fine of not more than $100.00 (§1, Ord. 1341, 10-9-1906). 1-105. Vicious Dogs Killed by Marshal. If any dog in the City of Salina shall, in a vicious manner, bite or attempt to bite, or do any personal injury to any child or other person, it shall be lawful for the City Marshal or any policeman to capture, impound and kill such clog, and it is hereby made the duty of the City Marshal or of the Policemen to capture and kill such dogs (§2, Ord. 1341, 10-19-1906). ' 1-106. Running at Large; Nuisance. All dogs running at large in the City of Salina are hereby declared to be public nui- sances, and shall be dealt with as in this ordinance provided, pro- vided that dogs led by chain, strap or rope by its owner or person Animals. Dogs. [Ch. 1, Art. 1 • in charge, or riding in ally vehicle with such owner or person in • charge, shall not be affected by the provisions of this ordinance (§1, Ord. 1976, 8-10-1916). 1-107. Registration of Dogs; License. The owner, keeper or harborer of any dog in the City of Salina, shall on or before the 10th day of January of each year, cause his name, with the name and description of the clog, to be registered with the City Clerk in a book to be kept for that purpose, and.shall pay to the • City Clerk each year, before such dog is registered, a registration fee of $3.00 for each male clog and each spayed female clog and $10.00 for each unspayed female dog, and shall keep on the neck of each dog so registered, a metallic or leather collar, to which shall be attached a metallic tag or check (to be furnished by the City Clerk), with the number and the year of the registration disT tinctly marked thereon. The City Clerk shall keep a suitable book for the registration of clogs and upon payment to him of the fee aforesaid, shall register the clogs upon which said fee is paid. Provided that for the year 1924, all dogs shall be registered and such registration fees shall be paid within thirty (30) clays from the date of the publication of this ordinance as herein provided; and provided further, that if any clog shall at any time after the date of registration as hereinabove provided become subject to ■ registration, then the owner or other person above mentioned shall immediately cause the registration of such clog and payment of the fee therefor, which registration shall hold good only until the 10th day of the next succeeding January as herein provided. Ti any such fee shall be due from any owner or other person as above provided for, and shall not he paid when due, then in addition to any other procedure provided for by ordinance, the Chief of Police, or any Policeman or other person designated by him, shall proceed to collect all such registration fees which may be due, pro- vided that in addition to the fee above mentioned, such Police- man or other person shall collect an additional sum of $1.00 for • each registration fee so collected, and any person failing or refus- ing to pay any such registration fee that may be due as afore- said, together with said additional sum of $1.00 shall be deemed guilty of a misdemeanor and punished as in the Original Ordi- nance Number 1976 provided. Anv Policeman or other person collecting such fees shall account for and pay the same to the City Clerk (§ 2, Ord. 1976, 8-10-1916; Amd. 1, Ord. 2949, 3-8- 1924). 1-108. Unlicensed Dogs Impounded; Advertised; Killed. if shall be the duty of the Chief of Police and Policemen, or any person employed by the Mayor for that purpose, to capture all dogs running at large in the City of Salina in violation of this • Ch. 1,Art. 21 Animals. Other Animals. ordinance and place them in a pound to be prepared by the City for that purpose; and if the owner of any.such dog so captured and impounded does not appear within 48 hours after such im- pounding and claim and pay for the impounding of such dog, together with any unpaid registration fee, •the Chief of Police shall cause the impounding of such clog to be advertised in the official City paper for a period of 3 clays. The advertising of the impounding of any clog as herein provided shall contain a gen- eral description of said dog and the elate when impounded. If, after the impounding of such dog has been advertised as above provided, the owner does not appear and claim such dog and pay for the impounding of the same, together with any unpaid regis- tration fee, then it shall be _ the duty of the Chief of. Police or other person employed by the Mayor for that purpose to kill or cause to be killed and buried such dog or clogs Or if possible said clog or clogs shall be sold and the proceeds of such sale shall be used to discharge the cost and penalty in- curred and provided for through the violation of the regulations • of this ordinance imposed and to discharge the cost and expense of impounding and keeping said clog or clogs together with the expenses of said sale: Provided, that the charge for catching and impounding any clog shall be the sum of $3.00, which sum any owner of any impounded dog must pay to the Chief of Police before such. clog shall be released and turned over to him; and provided further, that the amount to be paid for the killing'and burying of any clog under this. ordinance shall be fixed by the Board of Commissioners (§ 3. Ord. 1976, 8-10-1916; Amd. § 1, Ord. 2526, 7-1-1922). 1-109. Not to Enter Buildings. No dog shall be allowed to enter any theater, store or other public place or building in the City, whether accompanied by its owner or person in charge or otherwise. The word "dog" as used in this ordinance shall be con- strued to mean any dog, bitch or whelp over six Weeks of age (§5, Ord. 1976, 8-10-1916). 1-110. Violation of 1-109; Penalty. Any person .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 exceeding $25.00 for each offense (§7, Ord. 1976, 8-10 1916). ARTICLE 2.—OTHER ANIMALS. 1-201. Picketing animals on streets, alleys and private - 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 permit such' animals getting upon any street or alley • 4 Animals. Other Animals. [Ch. 1, Art. 2 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 Marshal 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 expense's 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 written or printed notices posted in four public places, one of which shall he in the City Hall. The proceeds of such sale shall be used to pay the fees and expenses of taking up • and keeping the animal sold, including the expenses of the sale and $1.00 as a fee for the Marshal in'making the sale and the sur- plus, if any paid, into the City Treasury for the use of the owner ( 2, Ord. 774, 6-18-1891). 1-203. Penalty; violation of 1-201. Any person violating the provisions of Section 1 of this Ordinance shall, on conviction thereof, be fined in any sum not less than $1.00 nor more than $10.00 (0, Ord. 774, 6-18-1891). • 1-204. Running at large. That it shall be unlawful 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 (ti1, 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 owner and person in charge thereof to prove property and pay charges for abating such nuisance ($2, Ord. . 32, 3-9-1871). 1-206. Penalty; violation of 1-204 and 1-205. Any per- son violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not more than $1.00 for the first offense, and not less than 3 nor more than $15.00 for • Ch. 1,Art. 2] Animals. Other Animals. 5 each and every subsequent offense or violation as aforesaid (§3, Ord. 32, 3-9-1871). 1-207. Sale of impounded animals. If the animals afore said be not claimed and the charges as hereinafter specified be not paid within ten days from 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 may have accrued, including the expense of impounding and•keelf ing and advertising the same; with 25c to the City Marshal as his fee for selling the same; he shall pay the balance to the City Treas- urer, which amount, less the sum of $5.00 to be deducted there- from as a penalty for the violation of the provisions of this ordinance 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 0,4, 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 (lay 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 Whenever. any suckling pigs if running with the mother, shall or may be taken up and im- pounded under the provisions of this ordinance (§5, Ord. 32, 3-9-1871). 1-210. Not apply to drovers. Nothing herein contained shall be so construed as to prevent drovers or other persons from driving any' of the above mentioned animals from one place to another within the limits of said City, the owner or owners be- ing responsible for all damages that may be sustained by reason of the driving of such animals (§7, Ord. 32, 3-9-1871). 1-211. Animals; slaughter pens in city limits prohibited. That no person shall keep or permit to be kept on the premises owned or leased or in the possession of such person any house, building, pen or yard for the slaughter of animals within the lim- its of the City of Saline (§1, Ord. 108, 6-30-1873). 1-212. Slaughter•in city limits prohibited May 1 to No- vember 1. No person shall slaughter any cattle, hogs, sheep or other animal within the limits of said City of Salina between the • 1st day of May and the 1st day of November 02, Ord. 108, 6-30- . 1873). • 6 • Band. [Ch. 2 • 1-213. Penalty; violation of 1-211. Any person violating • the provisions of Section 1 of this Ordinance, upon conviction • thereof, shall be fined not less than $25.00 nor more than $100.00 ( 3, Ord.. 108. 6-30-1873). 1-214. Penalty; violation of 1=212. Any person convicted of violating Section 2 of this Ordinance shall be fined not less than $25.00 nor more than $50.00 (,§4, Ord. 108, 6-30-1873). 1-215. Trespassing on public or private grounds or side- walks, That it shall be unlawful for the owner or person in charge of any horse, mules, cattle or other animals to permit the same to trespass on any sidewalk or space permitted by ordinance • to be used for sidewalk in the City of Salina 01, Ord. 503, 8-16- 1886). . 1-216. Penalty; violation of 1-215. Any person per- mitting any animal in his charge to trespass or go upon or injure any public or private grounds or sidewalk of space permitted 1w ordinance to be used as a sidewalk shall be deemed guilty of a misdemeanor and upon conviction thereof before the Police Court shall be fined not less than'$5.00 nor more than $50.00 (§2, Ord. 503, 8-16-1886). • CHAPTER 2.—BAND. 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 from and after the 1st clay of January, 1924, by a Board of three Trustees, to be known as the "Trustees of the Municipal Band Fund," who shall be appointed as follows: One Member of said Board to be recommended by the Chamber of Commerce of the City of Salina, Kansas, one member to be recommended by the Salina Municipal Band and the. third member to be recommended by the Mayor of the City of Salina. Said Board of Trustees shall be recommended subject to the final approval of the Board of Commissioners of the City of Salina, Kansas,(§,1, Ord. 2875; 11- 10-1923). . 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 member 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). • Ch. 3,Art. 1] Board of Public Welfare. Creation and 7 Duties of Board. 2-103. Contract with band; expenditures. That it shall be the duty of said Board of Trustees to enter into a written con- tract on or before January 1, 1924, for the services of a band for municipal purposes, such as public concerts or equivalent services • to be given at such times and .places under such regulations as may be set forth in the contract. Said contract shall be entered in- to and executed by the Executive Board of the band and the Board of Commissioners of the City of Salina, Kansas, upon the recom- . mendation 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 consent of such Board of Trustees,:and all moneys appropriated for the use or in payment for said services 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 Commissioners. Any contract made by said Board of Trustees and the Band with the leader or director for the services of such band shall be sub- mitted to and approved by the Board of Commissioners of the City of Salina, Kansas (§4, Ord. 2875, 11-10-23). CHAPTER 3.—BOARD OF PUBLIC WELFARE.. Article 1.—Creation and Duties of Board.-3-101 to 3-105. 2.—Jurisdiction over,Public Dances.-3-201 to 3-211. ARTICLE,1.—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 consist 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 1916). 3-102. Organization of Board; by-laws. The members 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 • S Board of Public Welfare. " Creation and [Ch. 3,Art. 1 Duties of Board. and Vice-President and shall adopt such by-laws and regulations 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 recreation 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 commer- cial enterprises, which may be maintained and conducted or oper-. ated 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 amuse- ment or recreation'maintained or conducted in connection with any business. such'as restaurants, hotels, drug stores, soft drink par- lors 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 misde- . meanor and upon conviction thereof shall be fined in any sum not exceeding‘$100.00(§ 3, Ord. 1923; Amd. § 1, Ord. 2377; Amd. §1,t'Ord.' 2839, 8-154923). 3-104.: Issuance of permits; revocation. Upon applica- tion 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 preserva- tion of peace and good order, or to the suppression of vice and immorality, or injurious to the health of the inhabitants of the city, it shall issue a permit to such person allowing him to main- tain and conduct such theatre, public dance hall, or other place of public amusement or recreation within said city until the first clay of June thereafter, subject to the power of such Board of Public Welfare to revoke said permit. If said Board, after such invest'- gation, finds that the Maintenance and- conduct of such place will. be detrimental to the good government of the city, or the preserva- tion of the peace and good order of the city; or to the suppression of vice or immorality, or detrimental to the health of the inhabit: Ch. 3, Art. 2] Board of Public Welfare. Jurisdiction Over fl Public Dances. • ants of the city, such permit shall be denied. Said Board shall have power to at ally time revoke such permit, after hearing upon five days notice, and a finding of said Board that the place is be- ing 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 immorality, 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 investigations to the Mayor and Council or to the County Commissioners of Saline County (a5. Ord. 1923, 2-26-1916). ARTICLE 2.—JURISDICTION OVER PUBLIC DANCES. 3-201. Public dance; defined. The term "public dance" as used in this ordinance and in other ordinances of the City of Salina, now or hereafter in effect shall mean any dance to which the public is invited or to which any admission fee is charged un- der any form or guise whatsoever, whether paid at the door, on the floor, in the form of a subscription or whether paid before or after said dance, under guise of clues or assessments, and where admission is secured by invitation or otherwise, except as hereafter provided; it being the intent of this ordinance to define as a pub- lic dance any dance held within the City of Salina at any dance hall or auditorium, except one which may be given by one or more individuals at his or their own expense (as hereinafter limited) and except a dance to which no invited guest is required to [ay any admission fee or charge in any guise or at any tinge; and ex- cept one which may be given by a bona fide club, society or other organization, having a permanent membership, and which only the regular bona file members of such club, society or•organization, and not.to exceed one outside guest of the opposite sex for each member are permitted to attend together with any bona Me 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 pro- vided for herein (S 1, Ord. 3058, 12-29-24). 3-202. Showing to Board; certificate. Any dance which is given by any club society or organization or by five or more in- dividuals shall be defined 'a public dance until the person or per-, sons in charge thereof ,shall appear before the Board of Public Welfare and make a satisfactory showing to such Board that the dance to he given is not a public dance as herein defined, in which • - 10 • Board of Public Welfare. Jurisdiction Over [Ch. 3, Art. 2 Public Dances. case said Board may issue to such person or persons or to such so- ciety, club or organization a certificate to the effect that no per- mit is required for the holding of such dance, provided, however, that such certificate may be revoked at any time by the Board of Public Welfare, and any person or persons securing such a certificate-for himself or themselves or for any such club, so- ciety or organization who shall, by virtue of such certificate, give a dance, which shall be determined, by the Board of Public Wel- fare, 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 punished as hereinafter provided (§2,• Ord. 3058, 12-29-1924). 3-203. Clubs, societies, etc.; Board require showing. 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 or 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 or- ganization and paid for out of the funds in the treasury of such organization and to which fund all members are required to con- tribute equally, whether or not such members attend any dance or dances. The Board of Public Welfare, before issuing any cer- tificate, under the provisions of this ordinance, may require any person or persons applying therefor, on behalf of any such club, society or organization. to furnish satisfactory evidence of the' nature thereof (§3, Ord. 3058, 12-29-1924). 3-204. Supervise public dances; permits. In addition to - any and all other duties now and hereafter provided by ordinance, it shall be the duty of the Board of Public Welfare to have super- vision of all dances as herein defined in the City of Salina. Before 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•giving or holding the same or in charge thereof shall notify the Chairman of the Board of Public Welfare of the pro- . posed time and place thereof. If the Board of Public Welfare shall decide that the proposed dance is not a public Glance it shalt • 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 permit to be of a Hood moral character and entitled to receive the same, issue a Permit for such dance upon the payment to it of a sum of 83.00, which shall cover the expense of a. supervisor to attend such dance if the Marc! of • Ch. 3, Art. 2] Board of Public Welfare. Jurisdiction Over 11 Public Dances. Public Welfare deems such supervisor necessary, and the Board on issuing such permits 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 notified. 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 dance is to be held in such dance hall or other place of the time, place and name of the person or persons, club, society or organization proposing to use such hall or other place for any such dance, and no such person shall permit any dance to be held in any such hall unless there shall be exhibited to him a permit therefor or a certificate showing that such permit is not required (§ 5, Ord. 3058, 12-29- 1924). . 3-206. Disorderly .conduct• dance stopped; no more per- mits. ]f, at any dance given by any person or persons, club, society or organization the_persons attending shall be disorderly • or shall be guilty of any unbecoming conduct or shall be found to, he violating any of the laws or ordinances of the State of Kan- sas or the City of Salina, any such person may be removed or any such dance may be ordered stopped by any supervisor appointed by the Board of Public Welfare, or by any regular police officer of the City of Salina, and if the Board of Public Welfare shall be satisfied that any such conduct or violation has taken place, such Board of Public Welfare may thereafter refuse to grant any cer- tificate or any permit as provided. for in this ordinance to any such person or persons, club, society or organization (§6, Ord.•3058, 12-29-1924). 3-207. Period of permit; revocation. The permit and cer- tificate herein provided for may be issued for one or more dances or for a designated period of time to be designated plainly on the face of such permit or certificate, and shall be revocable at any time with or without notice by the Board of Public Welfare- (§7, Ord. 3058, 12-29-24). 3-208. Dance supervisor; authority, The Board' of Pub- lic Welfare shall have authority to designate any suitable person, satisfactory to the City Manager of the City of Salina, who, when approved by the City 'Manager, shall be commissioned as a special police officer, to act as the supervisor at any dance for which. a permit is issued when the Board of Public Welfare may deem it necessary to have such a supervisor present at such dance. Such supervisor, and any police officer of the City of Salina, shall have • • • • 12 Bonds. Bonds of Contractors, Etc. [Ch. 4,Art. ]• authority to attend any such dance, remove therefrom any person or persons guilty.of disorderly conduct or any misconduct or any intoxicated person, and to arrest any person found to be engaged in the violation of any law or ordinance (§8, Ord. 3058, 12- 29-24). • 3-209. Authority of Chairman between meetings. The Chairman, or Acting Chairman of the Board of Public Welfare shall have authority to do any of the acts as herein provided for and all authority herein conferred upon the Board of Public Wel- fare shall be vested in the Chairman or Acting Chairman of such - Board at all times between the regular or special sessions of such Board (§9, Ord. 3058, 12-29-24). 3-210. Unlawful to give public dance without permit or • after permit or certificate revoked. It shall be unlawful for any person, either individually or as the Officer, director or mem- ber of any club, society or organization to give or permit' the giving or holding of any dance for which any admission charge is made or collected under any guise whatsoever, without first secur- ing a permit as required herein, or to give or hold any such dance ' after any such permit or any certificate as herein provided may be revoked, or after ally dance has been ordered stopped or'dis- continued. as herein provided for 010, Ord. 3058, 12-29-24). 3-211. Penalty for violation of Secs. 3-201 to 3-210. Any person who shall violate in any manner, or connive or conspire with another to violate the provisions of this ordinance or who shall in any manner permit or aid in the violation of this ordi- nance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine of not less than $5.00 or more than $50.00 for each offense (•§11, Ord. 3058, 12-29-24). • CHAPTER 4.—BONDS. ARTICLE 1.—BONDS OF CONTRACTORS, LICENSEES, ETC., 4-101 to 4-104. 4-101. License and contract bonds; surety company; local agent. That all bonds for the use, benefit or protection of the City of Salina required to be. taken by. the statutes of the State and by the ordinances of the City and by resolution of the Board of Commissioners of said City from any person or corporation to secure the faithful performance of any contract with the City, or to indemnify the City against loss, damage or liability grow- ing out of any contract with the City, or out of the issuance of any license or permit by the City where a bond is required, shall he signed and executed as surety by some surety company hold- • Ch. 4,Art. 1] Bonds. Bonds of Contractors, Etc. 13 ing certificate of authority from the Secretary of the Treasury under Acts of Congress as acceptable surety on Federal Bonds and lawfully doing business in the State of Kansas and maintain- ing a local agent in the City of Salina, and that no baud not coun- - tersigned 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 any one Federal Bond will be accepted and approved by the Board of Commissioners of said City (§1, Ord. 2399, 7-23-1921). 4-102. Public improvement bonds; surety company; local agent. That all bonds required of contractors for public•improve- ments shall be signed and executed as surety by some surety com- pany holding Certificate of Authority from the Secretary of the Treasury under Acts of Congress 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 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 any one Federal Bond will be accepted and approved by the Board of Commissioners of said City (§2, Ord. 2399, 7-23-1921). • 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 (§ 3, Ord. 2399, 7-23-1921). 4-104. Approved by City Attorney and Board .of Com- missioners. All bonds herein provided for shall be submitted to and approved by the City Attorney; and after such approval by the City Attorney such bonds shall be approved by the Board of Commissioners (§4, Ord. 2399, 7-23-21). • • • • • • • • • 14 Building Codes and Regulations. Building Inspector. [Ch. 5,Art.I CHAPTER 5.—BUILDING CODES AND REGULATIONS. . Article 1.—Building.Inspector.-5-101 to 5-105. 2.—Building Code.-5-201 to 5-256. 3.—Electrical Code.-5-301 to 5-335. 4.—Plumbing Code.-5-401 to 5-494. 5.Gas Piping.-5-501 to 5-514. 6.—Signs.-5-601 to 5-613. . • 7.—Bill Boards,-5-701 to 5-702. 8.—House Moving.--5-801 to 5-811. 9.—Miscellaneous Regulations.-5-901 to 5-908. ARTICLE 1.—BUILDING INSPECTOR. 5-101, Office created; qualifications; term. That there be and there is hereby created the office of 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 experi- ence and qualifications to properly discharge the duties of same. . That 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 (§1, 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-location 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, constructed or altered in compliance with the permits given therefor and in compliance with the ordinances of said City appertaining to the erection, construction and alter- ation of buildings and all portions thereof. It shall be the duty of said Building Inspector to inspect all such buildings in the course of erection, construction, alteration or re-location as re- . gards the construction of flues, heating apparatus, plumbing and electrical work and general construction, and to determine whether the same has been built or is being built in conformity to the- ordinances of the City and in such a manner as to be without defects or causes liable to endanger life or property. It shall be the duty of said Building Inspector to ascertain and determine the need of enforcement and to co-operate in the enforcement of all ordinances appertaining to the safe and lawful construction of buildings and he shall have full authority to adopt and en force all such prudent emergency measures as he may deem necessary and expedient for the public sa fety and as may not be inconsist- ent with law 02, Ord. 2908, 12-28-23). • • Ch. 5,Art. 1] Building Codes and Regulations. Building Inspector. 15 5-103. .Fees paid to Inspector. Every person, persons,. company, co-partnership or corporation engaged either as prin- cipal or agent in the construction of any building within the cor- porate limits of the City of Saliva shall pay to said City, as and for the cost of the inspection of said building by said Building Inspector the fee now provided for in the existing ordinances of the City of Salina in the same manner and to be accounted for in the same way as provided for in such ordinances (§3, Ord. 2908, 12-28-23). 5-104. Inspector have access to buildings; penalty. Every such person or persons shall, during the construction of any building or buildings, permit the Building Inspector Of the City of Salina free access to all parts of such struc- ture during the erection thereof, to the end that a proper inspec- tion may be made and any person or persons who shall fail or refuse to pay the proper fee for such inspection, or who shall will- fully refuse or fail to permit said officer or his assistants to have access to such building 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 $50.00 or sentenced to confinement in the City jail in said City for a period of not more than 30 clays or may receive both such fine and imprison- ment as the court shall.determine (54, Ord. 2908, 12-28-23). 5-105. Inspector perform duties formerly given Fire Chief, etc. That the duties of said Building inspector shall in- clude all of the duties prescribed for and to be performed by the Fire Chief, the Electrical Inspector and the Plumbing Inspector under the provisions of Ordinance No. 1510 as amended; Ordi- nance No. 1962 and Ordinances Numbers 2500 and 1618 as amended, and wherever the words Fire Chief, Electrical Inspector or Plumbing inspector occiir in any of such ordinances the same shall be considered as referring to the Building Inspector as in this ordinance provided for and the said ordinances above referred to are hereby amended to conform to the terms and provisions of this ordinance, provided however, that this ordinance shall be considered supplemental to and not repealing the ordinances above mentioned, except as above referred to and except in so far as they may lie-in conflict herewith ($ 5, Ord. 2908, 12-28-23). • • 16 Building Codes and Regulations. Building Code [Ch. 5,Art. 2 • ARTICLE 2.-BUILDING CODE. (Published in The Salina Evening,Journal, Julie 7th, 1924.) Ordinance 2993. An Ordinance relating to the construction of buildings and the issuing of permits therefor, providing penalties for violations hereof and repealing Ordinance No. 1510, Ordinance No. 1617, Ordinance No. 1752 and all other ordinances and parts thereof in conflict herewith. Be it Ordained by the Board of Commissioners of the City of • Salina, Kansas: 5-201. Permit required; National Under-writers Code. § 1. No person or persons, corporation or company shall erect or cause to be erected within the limits of the City of Salina, Kansas; any structure, building or part thereof unless they shall have, be- fore proceeding with the erection, enlargement, alteration, repair or removal of any building or structure in the City, obtained a permit for such erection, enlargement, alteration, repair or removal from the Building 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 obtained. All buildings hereafter erected or altered within the fire limits; shall be constructed in accordance with the' latest edition of the rules of "The National Board of Underwrite ers Building Code.' 5-202. Fees. §•2. Permits must be taken out before any work is started and the fees for permits on all buildings based on the estimated cost of the improvements shall be.as follows: $250.00 or less $ 0.50 • $250.00 to $1500.00 1.00 $1500.00 to $3000.00 1.50 • $3000.00 to $6000.00 _ • 2.00 $6000.00 to $8000.00 2.50 $8000.00 to $15000.00 • 3.00 $15000.00 to $20000.00 • 5.00 •• $20000.00 to $30000.00 . 10.00 $30000.00 to $50000.00 15.00 ' , $50000.00 to $75000.00 20.00 Over $75000.00 • 25.00 All fees collected by the Building Inspector under the provi- sions of this ordinance or 'any other ordinance of the City of Salina shall be accounted for and paid into the City Treasury by the Building Inspector between the 1st and 10th of each month, ' covering alr fees collected by him during the previous month and • • Ch. 5. Art. 2] Building Codes and Regulations. Building Code. . 17 duplicate copy of his report and receipts shall be filed at the same time in the office of the City Clerk. 5-203. Buildings in fire limits. § 3. Every building here- after erected or enlarged within the fire limits as now or here- after defined by ordinance, shall •be enclosed on all sides with walls constructed wholly of stone, well burned brick, terra cotta, concrete or other equivalent incombustible materials, and shall have the roof, top and sides of all structure, including dormer win- dows, covered with incombustible material. All cornices shall be incombustible material. 5-204. No frame building built or moved within fire limits. j 4. No frame or wooden structure shall .hereafter be built within the fire limits now existing or within the fire limits hereafter established. No frame building shall be moved from without to within the fire limits (for exceptions see Sec. 11-105). 5-205. Ordinary construction -defined. § 5. The term "ordinary construction" as used in this- ordinance shall mean the ordinary system of construction in which timber and iron struc- tural parts are not protected with fire resisting coverings and in which the walls are built of masonry as required by this code. 5-206. Repair of frame buildings in fire limits. § 6. . . Frame lniildings within the fire limits which have been damaged-. by fire, decay or otherwise to an extent not greater than 50 pet cent of their value may be repaired, provided there is no increase in the size of such buildings over their original dimensions. 5-207. Frame buildings outside fire limits; brick veneer. 7. Hereafter no frame building shall be erected nor any frame addition made to any existing frame building within the fire lim- its. of the City. Outside the fire limits it shall be lawful to erect franie buildings not exceeding 40 feet in height from the sidewalk to the highest point of roof. 1 f such frame buildings have a base- ment story of masonry, their height alx>ve the sidewalk may be made not to 'exceed 45 feet, provided that in no case shall any portion of any frame building above the second story be used as a separate living apartment. It shall be lawful to surround a frame buildi'tg with a veneer of brick not less than 4 inches thick, pro- vided said brick is not carried higher than the second story. or 22 feet above the basement ceiling, and provided further that said veneer is anchored to the studding or other frame construction in a manner conforming to the best and latest type of construction and satisfactory to the Building inspector.. Such brick veneer is not to be placed on gables or any other parts of frame buildings • above the height herein specified. All frame buildings, which it is • desired to surround with brick.veneer must have their basement walls and foundations of solid masonry. • • 18 Building Codes and Regulations. Building Code [Ch. 5,Art. 2 5-208. Remodeling for apartments. 3 8. Whenever 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 apart- ments in such building shall be separated from the other by a wall of incombustible material of such dimensions and thickness as re- quired herein. 5-209. Iron sheds in portion of fire limits. ; 9. Except as hereinafter provided, iron covered sheds or buildings, not ex- ceeding 800 square feet in area and not exceeding 14 feet in height • from the ground may be erected within that portion of the Fire Limits which. may be designated by the Board of Commissioners (see Sec. 11-103) ; provided that the highest point is not over 15 feet above the ground and provided that such buildings may have `a roof supported on sufficient posts or piers. Such sheds or build- ings may be built with an area of not to exceed 2400 square feet, if they are kept at least 15 feet from any lot line or any other •building or structure. Open shelter sheds may be erected outside the Fire Limits, subject to the approval of the Building Inspector. 5-210. Thicknes of walls. 10. The walls of all build- ings, excepting enclosing walls of frame buildings, shall be of brick, stone, concrete or hollow tile. All such walls shall be of the thickness in inches indicated in the following table, said table being based on solid walls of brick or concrete, and walls of any other material shall be increased in size or thickness as hereinafter provided. • Basement 1 2 3 4 5 6 7 8 9 10 11 12 I-story 12 8 2-story 16 12 12 3-story 16 16 12 12 4-story 20 16 16 12 12 5-story 24 20 16 16 12 12 -6-story 24 20 20 16. 16 12 12 7-story 24 24 20 20 16 16 12 12 8-story 28. 24 24 20 20 16 16 12 12 9-story 28 28 24 24 20 20 16 16 12 12 10-story 32 28 28 24 24 20 20 16 16 12 12 11-story 32 32 28 28 24 24 20 20 16 16 12 12 12-story 36 32 32 28 28 24 24 20 20 16 16 12 12 5-211. Walls; depth; underpinning. ; 11. The walls of any building, excepting residences, which are to be placed on a line of the lots between different owners, and when the bottom of the footings of such walls are not to he extended down to a depth of 8 feet from the sidewalk level, shall be underpinned, sustained and Ch. 5. Art. 2] Building-Codes and Regulations. Building Code. 10 protected whenever it becomes necessary, at the entire cost of the owner or owners thereof, 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 greater depth than those'adjoining, to give timely written notice to the owner or own- ers of prior erected buildings of their intention so to' do and shall also permit the occupancy of their ground to so protect and under- pin said walls, but in all cases the former walls have.been carried down to the depth alxwe specified, then parties building upon ad: joining lots and excavating 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 former erected walls, building or buildings. No foundation of any Intilding, ex, cepting residences shall be less than 3 feet below the sidewalk level. 5-212. Stone walls. § 12. Stone walls shall be 4 inches thicker than required for brick walls. Pests 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 he made to the approval of the Building Inspector and must show that the construction will sustain a lead equal to twice the•sum of the live load and dead loads, for Which it was designed, without any indication of failure. The construction -may be considered as part of'the test load. Each test load shall remain in place at least 24 hours. On arch construction, this test load shall be placed on i% of the arch, covering the area from support to crown of -arch. When so required, the contractor shall furnish'to the Build- ing Inspector test cylinders for the purpose of making tests of • concrete. • 5-213. Roofs; live loads; dead loads. § 13. 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 building. 5-214. Tenements; rooms in basement. §•14. In no new tenement house shall any room in the cellar be constructed, al- tered, converted or occupied for living purposes and no room in the basement of a new tenement house shall be constructed, altered, converted or occupied for living purposes unless such rooms shall be at least 8 and / feet high and in the clear and shall have the finished grade of such premises at the building at least 4% feet of such height above the average street grade at the building, pro- ' vided only one living apartment shall be allowed in the basement of any tenement house hereafter constructed. 15-215. Tenements; 5 stories; fireproof; over-2 stories; slow burning. § 15. Every new tenement•house more than five , 20 -Building Codes and Regulations. •Building Code [Ch. 5, Art. 2 stories and basement high shall be of fireproof construction. Every new tenement house more than two stories and basement • shall be of slow burning or fireproof construction. In case slow burning construction be required, the cellar and basement con struction, including the floor construction of the first story above the cellar or basement shall be of fireproof construction. 5-216. Fire walls; parapets; bearing walls. § 16. The division or party walls over one story high shall extend the full thickness of the top story to,at least two feet above the roof sur- facing 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 extend 3 feet above the roof. Fire walls shall be continued 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. Port- . land 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 minimum dimension exceed 'A of the minimum width of any section of the finished block. Con- crete shall not he used until it has attained the age of 28 days, or developed the strength required in this section. All building blocks shall he 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 cellular • spaces. The average ultimate compressive 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 founds per square inch. Con- crete blocks shall be not more than 36 days old when tested. The average strength of the blocks as herein given, shall be obtained by testing ten blocks of average quality. The allowable working stress of hollow building blocks shall not exceed 100 lbs. 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 he built of blocks with the cells horizontal, the allowable working stress shall not exceed 30 pounds per square inch of gross area. All walls and partitions in schools, hospitals and places of public assent- • blage 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. 5-217. Composition roofs; approval of Building In- spector. ti 17. Roofs, the slope of •which is not more than 3 Ch. 5, Art. 2] Building Codes and Regulations. Building Code. 21 inches per foot horizontal, and the covering of which is made of a composition of felt and gravel, shall be considered incombustible under the provisions of this ordinance and may be used upon . buildings of all classes. Other forms of composition roof shall be permitted if expressly approved as an incombustible material by the Building Inspector. 5-218. Hollow tile primary walls. •§ 18. T-Iollow tile may be used for building primary bearing walls, which are defined as walls that may be used to receive directly the loads from floors or roofs in addition to their acting as partition walls, provided the proportion between the thickness of wall and free height between floors does not exceed 15 feet and the load including weight of construction does not exceed 350 pounds per square inch of net sectional area of tile and shall be of the thickness specified by this ordinance for brick walls. Hollow terra,cotta tile may be used for exterior walls, but when so used the thickness and height of work must conform, to the dimensions required for brick walls in this ordinance, and must, in no case, exceed 4 stories in height in any building. The thickness of plastering is not to be included as a part of the thickness of the wall. Walls having a thickness of 4 inches may be used when the height does not exceed five feet. The quality of the tile and mortar and special provisions as to •workmanship as specified for terra cotta columns shall apply to terra cotta walls. 5-219. Beam ends separated; staggering;•corbeling. § 19. • 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 masonry. Such separations may be obtained by • corbeling 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. 5-220. Wall openings. § 20. No opening in an interior masonry wall shall exceed 8 by 10 feet. if the opening 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 emergency 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 build- ing within the fire limits, except churches and dwellings, shall have standard fire doors, shutters or wire glass with incombustible frames and sash on every exterior opening above the second floor. 'except when fronting on a street not less than 35 feet wide, or where no other building is within 35 feet'of such opening: 'The • • 22 Building Codes and Regulations. Building Code [Ch. 5,Art. 2 walls of a building in the same plane as that in which the opening is situated, shall not be considered as coming within the intent of this rule. All openings in the side and rear walls of the first • story, excepting show windows, shall be protected as prescribed in this section when Within 35 feet of some other building. 5-221. Buildings over 3 stories; business or assemblage over 1st floor, stair shafts, door openings, elevator shafts. _§ 21. All buildings hereafter erected, which are used above the first floor for business purposes or for public assemblage, or tor whatever purpose if over 3 stories high, except private dwellings, shall have their stair.shafts continuously enclosed by incombustible partitions. .Sha fts in all buildings hereafter erected shall be en- closed in the same manner. The partition shall be constructed of brick or other fire resisting material approved by the Building. .Inspector. No hall partitions shall he 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 partition. The metal frame work of such partitions shall be securely fastened to both floors and ceiling. All lath used for such partitions shall be galvan- ized 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 Ievel. 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 • attached to the walls or partitions or to substantial incombustible frames anchored thereto. If glass panels be used in such doors they shall he 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 he 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 % of the area shall he covered with ' a sky light constructed as specified in Section 23. If, in the opinion of the Inspector, it is necessary to preserve an open ele- vator or hoist way in existing buildings, the floor openings through 'which they pass shall he equipped with automatic closing trap doors, not less than 1V2 inches thick, made`of two thicknesses of • match boards coveted on the tinder side with tin; the trap doors when closed shall extend beyond the opening on all sides. Such • • Ch. 5, Art. 21 Building.Codes and Regulations. Building Code. 23 trap doors shall be protected by suitable guard or gate which shall be kept closed at all times except when in use. 5-222. Sky lights. § 22. 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/ inches square placed not less than 6 inches above the glass, supported on uprights of incombustible material unless wired glass is used. 5-223. Sky lights over stair or elevator shafts. § 23. Sky lights over stairways and elevator shafts shall be constructed 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, 'a window may be placed in the side of the shaft above the roof, which is'fartherest removed from the property line. The window shall have incombustible frame and sash and be glazed with wired glass. 5-224. Floor openings; wire;, glass. § 24. . Except in dwellings all openings hereafter made in floors for the transmis- sion of light to the floor below shall be covered with glass set in metal frames and bars. The glass shall be not less than 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. 5-225, Light, vent, or dumb waiter shafts. § 25. In every building hereafter erected and altered, except frame build= ings, all walls or partitions, forming interior light or vent shafts shall be built in accordance 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 ex- tend only one story above the basement or cellar, shall be of fire resisting construction and shall be not less than 3 inches thick if constructed of brick, hollow or solid partition blocks, or steel stud- ding and metal lath,with $4 inch Portland Cement plaster on each. side or 2-inch solid metal lath or Portland Cement plaster will he permitted if securely anchored at each floor. The material and method of construction to he 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 ele- vator shafts in existing buildings. When a dumb waiter shaft does not extend to the roof the top of the shaft shall he of fire resisting construction of the same thickness as the walls of the shaft. All openings in the dumb waiter shafts shall be protected • by fire doors mounted in incombustible frames and securely • 24 Building Codes and Regulations. Building Code [Ch. 5, Art. 2 anchored to the walls. The walls of all light and vent shafts here- after erected shall extend not less than 3 feet above the roof level, except that when a shaft is covered by an incombustible veittilat- • ing 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. 5-226. Openings in roofs. § 26. All openings in roofs for admission of light or air other than those provided for in pre- vious sections shall have incombustible frames and sash, glazed with wire glass. • 5-227. Floor area; exits, width of stairways. § 27. The term, "Floor Area" as used in this section, shall mean the entire floor space between exterior walls and fire walls. In every build- ing hereafter erected, except in private dwellings, each floor area above the first .shall be provided with at least 2 means. 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 pro- vided 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 consid- ered 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 accommodated thereby. The stair treads shall be not less than 9% inches wide and the risers not more than 7a inches high. Windows in such stairways are prohibited. 5-228. Theatres, stand pipes: § 28. 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 tinder direction of the Fire Chief. 5-229, Area ways. § 29. All area ways shall be guarded • with suitable railings, or protected by incombustible covers or gratings. If gratings be used they shall have a wire screen of not more than % inch mesh securely attached to the under side. 5-230. Height of frame buildings. § 30. No frame build- ings hereafter erected or altered shall exceed 2 stories or 30 feet in height, except that private dwellings may be 3 stories or 40 • • Ch. 5,Art. 2] Building Codes and Regulations. Building Code. $• feet high. No frame buildings hereafter erected for any occu- pancy other than grain elevators, coal elevators and pockets, ice houses and exhibition buildings; and not over 40 feet in height shall cover a ground area not exceeding the following: 1 story •building 7500 square feet; 2 story building, 5000 'square feet. In no case shall a frame building be erected within 3 feet of the side or rear lot line nor within 6 feet of any other building, unless the space between the•studs on each side be filled solidly with not less than 2% inches of brick work or other equivalent incom- bustible materials. • 5-231. Canopies or marquees. § 31. It shall be unlawful to erect or construct any canopy or marquees attached to a build- ing or structure without first submitting 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 approval. No permit shall be issued unless the plans for such canopy or mar- . quees shall be approved by the Building Inspector. The owner Or agent shall pay to the Building Inspector a fee of $2 for said per- mit., 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 side- walk to the lowest part of sane: 5-232, Awnings; distance above sidewalk. § 32. All rolling, folding or otherwise movable awnings attached to any building or structure and projecting over any sidewalk or other public place shall be so constructed and attached to such building or structure to meet the approval of the Building Inspector. All such awnings, when extended over such sidewalk or public space, shall have a clear unobstructed distance of•6 feet, 6 inches-from the sidewalk to the lowest part of such awning. 5-233. Signs or awnings, canopies, etc. § 33. No mar- , quees, canopy or awning shall have attached thereto any placards, streamers or other advertising devices of any kind, except such as may be painted thereon or made a permanent part thereof, and except that no marquees or canopy shall have attached thereto any illuminated or other signs unless of a permanent nature and well anchored; and in no case shall such signs extend more than 2 o feet above the roof of such marquees or canopy. 5-234. Streets, portion occupied during construction; permit; sidewalks open. § 34. The extent of occupation of sidewalk and street:10 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 26 Building Codes and Regulations. Building Code [Ch. 5, Art. 2 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 sidewalk shall, if there' are exca- vations on either side of same be protected.by substantial railings which shall be'built and maintained thereon so long as excavations continue to exist. It is not intended hereby to prohibit the delivery of material across such sidewalk from the curb line to the build- ing site. • 5-235. Scaffolds over sidewalks during construction. 35. When buildings are . erected at a height greater than 4 stories and such buildings are near the street line, there shall be built over the adjoining sidewalk a roof having framework corn- . 'posed of supports 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 sidewalks, at a point where the new stories commence, a scaf- fold not less than 6 feet wide, which shall form a covering over the sidewalk composed of framework of stringers and supports covered by 2 layers of 2-inch plank. Such framework and cover- ing shall be of such construction and design as shall be satisfac- thry to the Building Inspector. Such roof shall be maintained as long as material is being used or handled on such front above the level of the sidewalk. Temporary sidewalks, their railings, approaches and roofs over. same shall be made with regard to ease of approach, strength and safety to the satisfaction•of the Build- ing Inspector. . 5-236. Street for.storing building material. § 36. The occupation of a street for storage of building material for any building or for temporary sidewalks shall never exceed 1/3 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 railway 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 ob- struction and curb line. 5-237. Derricks on sidewalks or streets. •§ 37. For all buildings more than 4 stories high, the use of derricks upon side- walks or streets is prohibited. In no case shall the guy lines be less than 15 feet above the roadbed. • • 5-238. Occupying streets; red lanterns. § 38. The per- mission to occupy streets and sidewalks for the purpose of build- ing'is intended only for use in connection with actual erection. repair, alteration or removal of buildings and shall terminate with • • Ch. 5, Art. 2] Building Codes and Regulations. Building Code. 27 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. ft shall also be unlawful to occupy a sidewalk or street, under author- 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 main- tained during the whole of every night at each end of every pipe of material in any street or alley and at each end of every excavation. 5-239. Storage of gasoline, etc.; within 200 feet of school. •§ 39. It shall be unlawful for •any person, firm or corporation to build, construct, locate, maintain within 500 feet of any public school, public park or public playground any tank or other recep- tacle for the purpose of storing or dispensing any gasoline, gas, oils or other inflammable liquids or explosives. . Said distance to be measured from the nearest point of such tank or building housing same to the nearest'point of any such park, playground or public school building. 5-240. Chimneys. § 40. Chimneys, except as herein pro- vided, in every building hereafter erected;-and all chimneys here- after altered or rebuilt shall be constructed of •brick, stone or reinforced concrete. • No masonry chimney shall have walls less than 8 inches thick unless it be lined on the inside with well burned •terra cotta or fire clay chimney_ tile, set in Portland Cement mor- tar, in which case, the wall shall not be less than 4' inches .thick. The lining shall be continuous from bottom of flue to its extreme • height. No chimney shall be corbeled out more than. 3 inches from a brick wall and such corbeling shall consist of at least .5 .courses of brick. Prick set on edge shall not be permitted in chini- ney construction. Chimneys of all low pressure boilers, or fur- naces, also the smoke flues for baker ovens, large cooking ranges., Jai ge laundry stoves and all flues used for similar purposes shall be at,least.8.,inches in thickness and shall be lined continuously on the inside with well burned terra cotta or fire clay chimney tile •set in Portland Cement mortar. All such chimneys shall be capped with terra cotta, stone, concrete or cast iron. Smoke flues for high pressure steam boilers and every appliance producing a cor- responding temperature in a flue, if built of brick, stone, rein- ' forced concrete or other approved masonry, shall have walls at least 12 inches thick, or the inside 4 inches of such.wall shall be . fire brick laid in fire mortar, for a distance of at least 25 feet from the point where smoke connection of the boiler_enters the flue. Al! chimneys shall project at least 3 feet above the point of con- tact with flat roof.or 2 feet above the ridge of a pitched roof and shall be perpendicular. Portland Cement mortar only shall he used 28 Building Codes •and Regulations. Building Code [Ch. 5, Art. 2 in the construction of chimneys. No chimney in any building shall have wooden supports of any kind. Supports shall be in combustible and shall rest upon a suitable foundation. All chim- neys which are dangerous from any cause shall be repaired and made safe or taken down. Metal smoke stacks may be permitted for boilers, furnaces and similar apparatus, provided they have a clearance from all combustible material or hot less than % the diameter of the stack; but not less than 12 inches. When such -stacks pass through a roof, they shall be guarded by galvanized •ventilating thimble extending from at least 9 inches below the 'under side of the ceiling or roof beams to at least 9 inches above the roof, and the diameter of the ventilating thimble shall be not less than 24 inches greater than that of the smoke. Metal •smoke Stacks.shall n not he permitted to pass through floors. Fire back of every fireplace hereafter erected shall not be less than 8 inches in thickness of solid brick work, 'nor less than 12 inches of, stone laid with'fire' brick.. When a grate is set in a fireplace a •lining of fire brick of at least 2 inches in thickness shall beradded -to the fire back or r-a lining of soap stone, tile or cast iron may be _'used if solidly backed with brick or cement. All flue holes,when not in use shall be dosed with a tight fitting metal cover. 5-241. Wood beams near chimneys: § 41. No. wood • beams or joists shall be placed within 1- inch of the outside face "of a chilimeyOr flue; whether the same be-for smoke, air or any • •Other purpose. All space between the chimneys and wood beams 'shall be filled solidly with mortar, mineral wool or.other incom- Ibustible material. The header beams carrying the tail beams of 'a floor, and supporting a timber or arch in front of a fire place -shall be not less than 20 inches from the chimney breast. •. 5-242. Smoke,pipes near ceilings, partitions, joists. § 42. No smoke pipe shall be within 18 inches of any woodwork.or any wooden lath and plaster partition or ceiling they shall he guarded by%%galvanized iron ventilated thimble at least 6 inches larger in :diameter than smoke pipe or by galvanized thimble built in at least • 8 inches of brick or other incombustible material. When a smoke • pipe is closer than 18 inches to a joist it must be protected by a . metal sheet placed at least 2 inches below the joint and extending 6 inches beyond the pipe in all directions. • 5-243. Steam or hot water pipes; through floors and par- titions. § 43. No steam or hot water pipes shall be less than 1. .inch from any woodwork. Every steam or hot water pipe pass- ing through combustible floors or ceilings or wood lath and plaster' partitions shall have an opening at least 1 inch larger in diameter than the pipe and be protected with metal cap above and below. • All wooden boxes or casings enclosing steam or hot water pipes • Ch. 5,Art..2] Building Codes and Regulations. Building Code. 29 • or wooden covers to recess in walls in which steam or hot water pipes are placed shall be dined with asbestos paper. 5-244. Rat proof. § 44. All buildings hereafter erected or altered shall be made rat proof as far as practicable to prevent the harboring and breeding of rats. 5-245. Dry rooms. § 45. No combustible material shall he permitted in the construction of any dry room hereafter erected, in which a temperature of 125 degrees F. or over may exist. If the temperature is under 125 degrees F. the dry room may be constructed of wood, but it shall be lined throughout with % inch asbestos, covered with sheet metal. If windows are placed in walls or ceilings of dry rooms they shall be of incombustible frames and' set with Wired glass. • 5-246. Gas, gasoline, etc., stoves. § 46. All gas, gaso- line, oil or charcoal burning stoves or heating devices shall be placed on iron stands at least 6 inches above combustible supports unless the burners are at least 5 inches above the base with metal guard plates 4 inches below the burner. No open flame heating or • lighting device shall be used in any room where gasoline or other ' volatile inflammable materials are stored or handled. 5-247. Gas connections; rubber tubing. § 47. Gas con- nections to stoves and similar heating devices shall be made by rigid metal pipes. For small portable heating devices flexible steel or rubber tubing may be used when.there is no valve or shutoff on the device. 5-248. Vent flues or ducts. § 48. 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 incombustible material and no such flues shall he used for any other purpose. 5-249. Building designed to carry load. § 49. All parts of every building shall be designed to safely carry the load to be im- posed thereon and shall, in all respects, conform to good engineer- ing practice. 5-250. Building Inspector; powers. § 50. The Building • Inspector is empowered to enter any building or structure or prem- ises, whether complete in the process 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 • • • 30 Bunning Codes and Regulations. ]Building Code [Ch. 5, Art. 2 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 oun. and alter any such work has been condemned by the Building Inspector the construction of such building shall not continue until such defective work is corrected or re-built. 5-251. Inspector; enforce ordinances. g'51. 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 Com- missioners regarding the conditions of the City and all matters pertaining to fire prevention. - 5-252. Buildings unsafe; unsanitary; nuisance. ; 52. ;Every building or structure constructed or maintained 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 man- . ner, dangerous to health or safety of any person or persons, is hereby declared to be a public nuisance. Every building or part' thereof, which is in an unsanitary condition, by reason of the base- Merit 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 he a public nuisance. 5-253. Plans and specifications filed with Inspector. ti 53. Whenever an application for a permit is made, •the Building • Inspector may, if he deems it necessary in order to determine whether the proposed construction will comply with the provisions of this ordinance, require that the applicant for such permit file with said Building Inspector such plans, specifications, drawings or written description of such proposed 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 ordinance, then the Building Inspector may require the applicant to file plans, specifications, drawings or writ- ten description of such building or any part thereof as may be. necessary, which shall he.sufficient to enable the Building Inspector . to determine whether the building or any part thereof will comply 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 or written description and the • Ch. 5;.Art. 2] Building Codes and Regulations. Building Code. 31 approval thereof shall not in any way affect the rights and duties ° of the Building Inspector as herein otherwise defined. 5-254. Application for permit. § 54. Before any permit shall be granted, the aplilicant therefor shall file with the Building Inspector, on a form to be provided for such purpose, a written application containing such information 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, char- acter and kind of construction and proposed use of such building, together with plans, :specifications, drawings or a written descrip- tion thereof as herein provided, when the same may be required lw the Building Inspector. 5-255. Violation of ordinance; penalty. § 55. Any per- son or corporation, or any officer, manager or agent or member of any corporation, partnership or person who shall violate, neg- lect or refuse to comply with, or who resists or opposes the en- forcement 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 $10.00 nor more than $200.00 for each offense and every such person or corporation or any officer, man- ager, 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 provisions of this ordinance and any architect designing, drawing plans for, having charge of such building or who shall permit it to be so constructed, shall be liable to the penalties herein provided. 5-256. Take effect. § 56. This ordinance shall take effect and be in full force from and after its publication once in the . cfficial City paper. - • Introduced for first reading May 5th, 1924. • Passed and approved June 2, 1924. (Seal) J. S. HIARCETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. • 39 Building Codes and Regulations. Electrical Code. [Ch. 5,•Art. 3 ARTICLE 3.—ELECTRICAL CODE. (Published in The Salina Daily Union, July 16, 1924.) Ordinance No. 3003: • • An Ordinance creating the office of Electrical Inspector in and for the City of Salina, Kansas; regulating and defining the duties of such office and establishing rules and regulations • concerning the installation, operation and maintenance of elec- trical wiring and appliances; and fixing penalties for the viola- tion of the provisions of this ordinance; and repealing Ordinance No. 2500 and all other ordinances or parts of ordinances in conflict with this ordinance. • ,Be it Ordained by the Board of Commissioners of the City of Salina. Kansas: . • 5-301. Electrical Inspector, Building Inspector ex officio. 1. That the office of Electrical Inspector in and for the City of Salina, Kansas, is hereby created and said office shall be filled by ,appointment of the City Manager and confirmed by the Board of Commissioners and shall be paid such salary as may now or here- , after be fixed by the Board of Commissioners. Said Electrical • inspector shall be a competent electrician 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 of - cials, and shall give a bond-of the City of Salina of the penal sum of One Thousand Dollars ($1000.00), conditioned upon the faith- ' ful performance of his duties; provided, however, that the Build- , ing Inspector, if qualified, may at the direction of the City Man- . ager 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. - 5-302. Inspector's duty. '§ 2. The Electrical Inspector shall have general supervision-over the placing and installation of all electric light, heat and power wires, fixtures, appliances, con- ductors, apparatus and their supports in and upon all buildings, shops, outhouses, 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 therein. - . It shall be the duty of said Electrical Inspector to inspect all . electric light, heat and power wires, fixtures and appliances, con- ductors, apparatus and their supports placed or installed in or upon . any building within the City of Salina, regardless of whether such placing or installation is clone or made by persons, firms or cor- porations engaged in the business of electrical construction or by • Ch. 5,Art. 3] Building Codes and Regulations. Electrical Code. 33 persons, firms or corporations engaged in other business, but do- ing their own electrical construction work through men in their own employ. 5-303.. Entering buildings. a 3. The said Electrical In- spector or competent assistant appointed by him shall have the right, during reasonable hours, to enter 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, and to all manholes and sub-ways, upon application to the company or individual owning or in charge or control of the same, and it shall be unlawful for any such owner or person in charge thereof to refuse to permit or prevent the Electrical inspector from entering any such building, manhole . or sub-way. 5-304. . Special decisions. § 4. The Electrical Inspector . shall decide all questions not provided for in this ordinance per- taining to installation, operation or maintenance of electrical wir- ing and apparatus. 5-305. In case of fire. § 5. 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- mebt during the progress of a fire. 5-306. License and bond. § 6. Before any person or per- sons, firm or corporation shall be granted a license by the City Clerk to engage in the wiring business for the purpose of plac- ing any wiring within 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, .conditioned for the good, and faithful performance of work done by him or than, upon or within any building 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 corporation 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 or corporation shall have secured or paid for a license under the provisions of Ordi- nance No. 2500, no new license shall he required hereunder until the expiration of such old license, and that at the expiration, of • • • • • 34. .Building Codes-and Regulations. Electrical Code. [Ch. 5,, Art. such old license any renewal thereof shall be issued for a period from the date of such expiration 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. 5-307. Permits and fees. § 7. No corporation, co-part- nership, association or individual shall make any installation of wiring for the transmitting of electrical current 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 City of Salina without the owner or electrical contractor or person doing such work first obtaining from the Electrical Inspector a permit cov- ering such -work. . A complete record shall be kept by the Elec- . trical Inspector of all such permits issued and he shall make a thor- ough inspection of all work covered by such permits issued. Such inspections shall be made in.accordance with the rules of the Na- tional Board of Fire Underwriters and ordinances of the City of Salina that have been enacted or may hereafter be enacted and collect the following fees from the electrical contractor, individ- ual or property owner at the following •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 fixtures and 2c per fixture for each additional fixture over 30. Drop cords and receptacles counted as fixtures. Motors, 1 to S H. P., 50m, 7/i 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 thirty outlets or less and 25c -for each thirty outlets or frac-. tion 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 inspection 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 Than fur- nish in duplicate, to the party to whom the permit was issued his • certificate showing such approval, one copy of which shall he fur- nished to the company furnishing the electric current before such current shall be turned on. All fees collected by and paid to the Electrical Inspector 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 collections were made. • Ch. 5,Art. 3] Building Codes and Regulations. Electrical Code. 35 5-307a. No permit until license secured and other pro- visions complied with. j 7a. No permit as provided for in Sec= Lion 7 of this ordinance shall he granted or issued to any person, firm or corporation unless and until such person, firm or corpora- tion shall have secured and paid for a license as required by Sec- tion Number 6 of. this ordinance and unless and until all other • • provisions and requirements necessary to be done and performed, prior to the granting of any such license or permit shall have been fully complied with by the person, firm or corporation applying for such permit (Ord. 3003, Amd. by Sec. 1, Ord. 3046, Nov. 24, 1924). 5-308. Wires over streets. § 8. Every corporation, co- partnership, association or individual owning or operating a line . of wires over streets, alleys or buildings in the City shall use only - wires that are suitable 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 it enters a building and if such wire is other than wire designated to carry an electrical . light or power current, it shall be attached at suitable and con- venient points in the circuits, calculated to prevent danger from fire and near the place of entering the building an appliance cal- culated to prevent at all times a current of electricity of such inten- sity 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. - 5-309. Code. § 9. The installation of electrical wiring and apparatus for the utilization of electrical current, shall be made in accordance with the current issue of the National Electrical Code of the National Board of Fire Underwriters. 5-310. Service entrance. § 10. •Service wires must he in rigid iron conduit and must be brought in on the alley side of the 1;uilding. (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 conduits must be provided with an approved entrance fitting,, having separate Trashed holes of non-combustible 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. 5-311. Service switches. § 11. Service switches. within the fire limits shall be three wire for three circuit and larger in- stallations. • Outside the fire limits three wires for five circuits and . larger installations. Three wire for apartment houses of three or • 36 Building Codes and Regulations. Electrical•Code. [Ch. 5, Art. 3 more apartments within the corporate limits. In all installations within the fire limits at least one spare circuit must be provided. 5-312. Panel box. § 12. Panel boxes shall be used on all installation of five circuits and larger. 5-313. Garage wires. § 13: 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. 5-314. Meter location. § 14. Meters shall be located -in finished basements, at grade door, or in kitchen, or•may be on back porch when properly protected from the weather. 5-315.. Low ceiling wires. § 15. When wires are run be- neath 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. 5-316. Conduit or' metal raceways. § 16. Approved Metallic conduits shall he used for inclosing all electric light and power wiring in new buildings, the rewiring of odd. buildings and in any installation in old buildings, or additions thereto located with- . in the fire limits, also in churches, theaters and other places used for public gatherings, garages designed for the occupancy of more than two cars, commercial houses, manufacturing plants of all descriptions and apartment 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. 5-317. Motor Switches. § 17. 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 approved Thermal cut-outs. All circuits for operating motors alxlve 5 H_ P., capacity shall be equipped with a safety' switch enclosed in a metallic cabinet externally operated, equipped with cartridge fuses and starting device approved by the Electrical Inspector. • 5-318. Defective wiring. . 18. 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 unsafe 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 person,- 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. coin • • Ch. 5, Art. 2] Building Codes and Regulations. Electrical Code. .87 pany owning, using- or operating said defective wires or appliances, neglecting or refusing within, said time to make the necessary repairs or changes and to have necessary work completed within • the specified time, shall he deemed guilty of a violation of this ordinance. The Electrical Inspector shall then have authority to order the supplying company to 'discontinue electric service to said defective wires or appliances until such defects shall be repaired in accordance with the requirements of-this ordinance. No corpora- tion, co-partnership, association or individual or agent thereof, shall supply or cause to he supplied any electric surrent 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. 5-319. Circuits. § 19. Not more than 12 openings or 660 watts shall be allowed on any one circuit without special permission from the Electrical Inspector. 5-320. Bath room lights. § 20. Bathroom lights hereafter installed must be operated by wall or ceiling switches. $-321. Header boards. § 21. All light outlets in new work and when possible in old work shall have suitable supports ,extending from joist to joist and (ward back of the main entrance switch, and extfnd above same to accommodate meter on plastered walls in all old work. 5-322. Armoured cable. a 22. Aniioured cable may he used on old house work and upon special permission from the Electrical Inspector. 5-323. Receptacle openings. § 23. Where there are more than two receptacle ,openings on a circuit, all such receptacle open- ings shall be put on a separate circuit run through cellar fused not over 15 amphers and run with No. 12 B & S gauge wire. 5-324. Setting meter. § 24. 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 Certificate from the Electrical Inspector certifying his approval of such wiring. 5-325. Size of wire and switch. § 25. The size of wire to he 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 ar..! 100 amp. switch. • • • Building Codes and Regulations. Electrical Code. [Ch. 5, Art. a 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. 5-326. Wires interfering with firemen. a 26. No wire or wires shall be installed or operated or maintained over ally street, alley, sidewalk or building in the City of Salina which shall be liable to seriously interfere with the work of the Fire Depart meat in the use of ladders or other apparatus, or which shall ob- struct 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. • 5-327. Concealed wiring. § 27. 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 ordinance until after the same has been inspected and approved by the Electrical Inspector, and he is hereby author- ized and directed to remove any flooring, lathing or plaster, sheet metal or other material which may conceal any electrical wiring or apparatus contrary to the provisions of this ordinance. 5-328. Alteration or changing. § 28. No alteration or change shall be made in the electric wiring or apparatus located within a building for use in connection with the production 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. 5-329. Inspections. § 29. Upon the completion of the in- stallation 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 corporation, co-partnership, association or individual doing the same to notify the Electrical Inspector or competent assistant deputized by him who, shall, at once, inspect the same and if ap- proved by him the Inspector or deputy shall issue 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 express permission to conceal said electrical wiring and apparatus, but no certificate shall he issued unless al! 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. 5-330. Release of responsibility. § 30. This ordinance shall not be construed to relieve or lessen the responsibility of any • Ch. 5,Art. 3] Building Codes and Regulations. Electrical Code. 311 corporation, co-partnership, association, individual or agent there- of, installing, operating-or controlling any electrical wiring or apparatus for damages to any one 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 pro- visions of this ordinance. 5-331. Enforcement. § 31. 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 wiring or apparatus. 5-332. Penalty; violation of Secs. 5.301 to 5-331. § 32. Any corporation, co-partnership, association or individual or agent thereof found guilty of violating any of the provisions of this ordinance or neglecting 6r refusing to comply with anv orders or notices of the Electrical Inspector, made pursuant to the provisions of this ordinance, shall be fined not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00). and the costs of prosecution for each and every offense. 5-333. Repeal prior ordinances. § 33. That Ordinance No. 2500 and all other ordinances or parts thereof in conflict with the provisions of this ordinance he and the same are hereby re- pealed. 5-334. Take effect. § 34. 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 2nd, 1924. Passed and approved June 23rd, 1924. - (Seal) J. S. IIARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. . 5-335. Rules governing back porch meters. The Elec- trical Ordinance permits the installation of,electric 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 six inches clearance between the edge of the meter and the box on both sides and on top. (Rules of Dept.) • • 40 Building Codes and Regulations. Plumbing Code. f Ch. 5, Art. 4 ARTICLE 4.—PLUMBING CODE. • - (Published May 28th, 1924, in Salina Daily Union.) Ordinance No. 2980. • An Ordinance regulating the business of plumbing, drainage and ventilation of buildings and repealing Ordinance Nb. 1618 and Ordinance -No. 2374 and all other ordinances or parts thereof in conflict with this ordinance. Be it ordained by the Board of Commissioners of the City of Salina, Kansas: -5-401. Definitions. § 1. 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, employe or servant of any corporation or any other person or com- bination of persons either natural or artificial, by whatever name lie or they may be called. • The word "master-plumber" shall be construed and held to be any person who is a practical plumber and has charge of doing plumbing work either as foreman or contractor. The word "employing plumber" shall be construed and held tobe-any person who employs plumbers for the purpose of doing a plumbing business. The word "journeyman-plumber" shall be construed and held to lye any person who does plumbing work for others and who is not a master-plumber or an employing plumber as specified above. Plumbing is hereby defined to include the pipes, fixtures and appurtenances thereto which -are used to connect•the water from the main and to distribute it in or about any premises or building. for any use whatever, and all pipes or appurtenances used or to be used for conveying sewage, liquids or water within, and outside of foundation walls of any building and connected with the public sewers or private cess pools,.and all pipes.and appurtenances'used to ventilate the drains, fixtures and traps in any building so con- ' nected, so that all pipes and connections through which gases, vapors or waters of any kind may discharge into cess pools or public sewers. 5,-402. Inspector. § 2. The office of Plumbing Inspector. for the City of Salina is hereby created and the Building inspector . shall be ex-officio and act as the Plumbing Inspector for the 'City of Salina, and do and perform the duties of said Plumbing Tn'- spector as prescribed in this ordinance in addition to his duties as - Building Inspector. • Ch. 5', Art. 4] Building Codes and Regulations. Plumbing Code. 41 5-403. Fees for inspection. § 3. The Plumbing Inspector shall collect an inspection fee of $1.00 for the first two fixtures installed and 50c for each additional fixture and water and sewer connection up to twelve, and 25c for each fixture and connection over twelve, to be paid by the party requiring his services, which fees shall be paid direct to the Plumbing Inspector, to be accounted for by him and paid into the City Clerk in the same manner as other fees collected by him as Building Inspector shall be collected • 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 the sewering and plumb- ing and accepting such connection. The said Inspector may con- demn and disconnect any connection with said sewer system or water main for any failure to comply with the provisions of this ordinance. The said Inspector, at any reasonable time, shall have free access to all premises using said sewer system for the purpose of examining any connection therein. • 5-404. Defective plumbing. § 4. All house drains, waste. - soil and vent pipes; traps and water pipes in any building or prem- ises shall at all times be kept in good order and repair so that no gases or odors shall escape therefrom and whenever the Plumbing. . Inspector shall find defects in any plumbing or drainage in viola- tion of the requirements of this or any ordinance of the City of . Salina, he shall order the same to be taken out or corrected and • made to conform thereto. 5-405. Application for permit. § 5. . It shall be unlawful• for any person to make or cause to be made 'any connection with. the sewer main or laterals or water mains in the City of Salina; or • to install any plumbing work, the construction of which is regu- lated and governed by the provisions of this ordinance, in any building in the City of Salina, without securing a permit therefor from the Plumbing Inspector, an application for which shall first be made to such Inspector, stating the location and nature of the work on forms to be supplied by such Inspector; Provided How- ever, that no such application or permit shall he required for repair- ing or replacing any old fixture, faucet or valve by a new one to be used for the same purpose, or for forcing out stoppage, repairing leaks or relieving frozen pipes or fittings, or other emergency repairs, but all such work shall comply with the requirements of this ordinance. ' 5-406. Permit for removal of sidewalk or paving. § 6. 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 employing plumper or person, shall he given to the City Clerk, to be kept by him, such 42 Building Codes and Regulations. Plumbing Code. [Ch. 5, Art. 4 application to be made and all work thereunder to be done in strict accordance with the ordinances now in effect or hereafter enacted. 5-407. License and bond. § 7. All master-plumbers or • • employing plumbers, before being granted a permit to engage in the plumbing business or to work on said sewer system and connecting to water mains of-said City by the City Clerk, 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 $1,000.00 to be approved by the Board of Commissioners, conditioned for the good and faithful performance of work to be, done by him upon the sewer system or water mains of said City,. or the connection therewith and to hold. the City harmless from all damage arising from open trench work or otherwise, or on account.of careless or negligent work. • 5-408. Connections. § 8. All connections in said City, over, through or along any street, lane, avenue or alley, from the water mains to the curb line shall be double extra strong lead pipe not less than Y4 inch in diameter, and no pipe of other material except approved cast iron pipe 2 inches or larger shall be permitted or used in making such connections. All joints and connections shall be of brass screw type or wiped joints. At the curb line a "T" handled round way stop with an inverted key must be prop- erly fitted with a cast iron curls box marked "Water" on the cover. The top of this curb box must be flush with the top_of-the ground. On the inside of the foundation of the building a stop and waste cock must be placed. All main water pipes and branches inside of the building must drain toward this cock. 5-409. Earthenware pipe. § 9. All earthenware pipe and fittings (No. 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 54 inch to the foot. All joints made air and water tight with live cement wall packed in the hub and swabbed clean and left free from all obstruction. 5-410. Cast iron pipe. § 10. All cast iron pipe and fittings shall be sound. cylindrical and smooth, free from cracks and holes and other defects, of a uniform thickness and not lighter than commercial grade known as Standard or Extra Heavy. All pipe shall be coated at the factory with asphaltum or coal-tar pitch, 5-411. Iron pipe—quality and coating of pipe and fit- tings. § 11. All. iron pipe used for water and vent pipes shall • Ch. 5, Art. 4] Building Codes and Regulations.. Plumbing Code. 43' - be galvanized iron and the malleable fittings galvanized, the cast iron fittings galvanized. 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. Refrigerator waste shall be recessed iron, galvanized iron, brass or drainage fittings with smooth interior waterway and threads tapped out of solid metal so as to give a uniform grade to branches of not less than 4 of an inch per foot. Threaded fittings for vents and back vents 2 inches or less shall be galvanized malleable iron. Threaded fittings for• larger dimensions shall be brass, galvanized malleable iron or cast iron. 5-412. Lead pipe; weight of same. § 12. 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 following table: Internal Diameter Wtper Foot 1% inches 2 lb. 8 oz. • 1% inches 3 lb. 8 oz. 2 inches 4 lbs. 3 inches 6 lbs. . 4 inches 8 lbs. . . 5-413. Sheet lead. § 13Sheet 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. 5-414. Water and air-tight joints. § 14. All joints and connections mentioned under tins title shall be made gas and water- tight. 5-415. Cast-iron pipe. § 15. 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 run- - ning through the joints. 5-416. Galvanized iron and brass' § 16. Joints •in gal- vanized iron or brass pipes shall be standard screw joints and all joints shall be made up of white or red lead or mineral paint. 5-417. Galvanized iron. and brass to cast iron. § 17. Connections between galvanized iron or brass to cast iron shall be either calked joint or screw joint. No slip joint connection will be allowed concealed on the inside of the trap. . 5-418. Lead pipe. § 18. Joints in lead pipe or between lead pipes and 'Pipes of brass or copper shall in all cases be full wiped joints. • • 44 Building Codes and Regulations. Plumbing Code. [Ch. 5, Art. 4 5-419. Lead to iron pipes. § 19. All connections of lead to iron pipe must be made with a cast brass or copper ferrule the sane size as the opening into the iron soil pipe and the lead neatly and substantially joined to the brass or copper ferrule by a wiped joint and then calked into the hub of the iron pipe with oakum or molten lead the same as for iron soil pipe joints. 5-420. Wooden joist construction. § 20. In the wooden joist construction the connection between the fixture and soil pipe Shall have a suitable length of lead pipe between the wiped joint • and the underside of the floor. 5-421: Prohibited joint. § 21. Any fitting or connection which has or forms an enlargement, chamber or recess with a • ledge, shoulder or reduction of the pipe area in the,direction of the flow on the outlet or drain side of any trap is prohibited. 5-422. Expansion or toggle bolts. § 22. Connections or • hangers, pipe supports or fixtures, settings with masonry or stone backing shall be made with expansion or toggle bolts without the use of wood plugs. 5-423. Traps and cleanouts, where used. § 23. Each single fixture, except those wasting as.prescribed under this ordi- nance, shall be separately trapped by a water seal trap, placed as close to•the fixture as possible. KIND OF TRAPS:—Every trap shall be self-cleaning. Brass tubing traps shall be not less than 17 gauge 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 he so,installed that the water seal will, protect the trap screw from sewer air and shall be vented from underneath the floor as near the top of the trap as possible with lead pipe neatly wiped into the trap and carried above the water line of 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 both tubs, basins, sinks or other similar fixtures shall be niade of lead or brass. WATER SEAL:-Each trap shall have a water seal of not less than 2 inches. CLEAN- OUTS: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 between 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 PROTEcrroN:—All traps shall be rigidly supported and set true • with respect to their water level, and shall be so located as to pro- tect their seal. OvEREi.ow CONNECTIONS:—Overflew pipes from. • • Ch. 5, Art. 41 Building Codes and Regulations. Plumbing Code. 45 • fixtures shall in each case be connected on the inlet side of the trap. .F1-oo14 DRAINS:—Floor drains will be permitted only when they connect to a trap with a permanent water seal. 5-424. Clean-outs. § 24. (Size) Cleanouts shall be of the same size as the pipe up to 4 inches, in diameter, and not less than 4 inches for larger pipe traps. Cleanouts shall be at least 4 inches long with airtight screw joints with brass plugs. (Where re- quired.) 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 dis- tance between the cleanouts shall not exceed 25 feet. There shall be at least one 4-inch cleanout provided in the housedrain-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 cleanout with brass trap screw. (Manholes.) All underground traps and cleanouts inside a building, except where the cleanout traps are flush with the cellar floor, shall be made accessible by-manholes with proper metallic covers and all exterior underground traps With accessible cleanouts shall be also placed in manholes. (Location.) All traps and cleanouts shall 'be located so as to be easily accessible for cleaning. 5-425. Grade of horizontal pipes. § 25. All horizontal piping shall be run;in practical alignment and at a uniform grade not less than % inch per foot where possible for soil or waste pipes and house drains suspended by iron hangers upon piers, posts or wall ledges and not less than % inch per foot for vent or ventila- tion pipes and underground drains. 5-426. Change of direction. § 26. All drains and plunih- ing pipes shall be rigidly secured or supported to keep their align- ment and grade and all changes of directions, of horizontal runs shall be made with Y's sixth, eighth or sixteenth bends, except between the joists above the first floor. Increase or reduction in size shall be made by the use of proper fitting. 5-427. Prohibited fittings. § 27. No double hub, double T, Y, or sanitary T branches shall be used on horizontal or vertical runs of waste pipe, nor shall double hubs or straight crosses hinge on the soil or waste pipe. • 5-428. Offsets in mains. § 28. Offsets'in the mains of all stacks shall he avoided if possible but when unavoidable they shall he made with 45 degree fittings, if possible. • 5-429. Drainage excavations. § 29. All excavations re- quired to be made for the installation of a house drainage system or any part thereof within the walls of a. building• shall he open treneh work. All such trenches shall be kept.open..11lltil piping has been inspected. • • • 4!f Building Codes and Regulations. Plumbing Code. [Ch. 5, Art. 4 5-430. Stack supports. § 30. All free standing stacks shall be thoroughly supported on concrete or masonry piers at their base, and those 40 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 according to their location shall be made either of heavy iron posts, hangers, wall rackets or steel fittings, concrete or masonry piers, provided that no brick pier shall be less than 8 inches square. Th'e use of pipe hooks shall be • prohibited for larger than 1% inch pipes. 5-431. Old house sewers. § 31. Old house 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 requirements governing new sewers or drains, as prescribed in this ordinance. 5-432. House drains .underground. § 32. All house drains shall, wherever possible be brought into the building 2 feet below the grade level. • 5-433. Kind of pipe. § 33. All house drains shall be standard or extra heavy•cast iron pipe with well leaded and calkeu joints or lead or brass pipe. • 5-434. Drains to curb. § 34. Where there is no storm sewer accessible drainage of surface inlets and rain water con- , ductors may be drained separately to the curb line where practicable by drain pipes not less than 4 inches in diameter and discharge into the public gutter. 5-435. 'House sewer. § 35. The drain containing the house sewer, beginning 2 feet outside the building wall shall consist , of sewer tile. 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 j4 bends- or V's. No person,or persons. other than duly bonded 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 ally city sewer whatsoever. 5:436. Earthenware yard drains. § 36. Barn and stable drains may be of earthenware and all such drains shall be trapped and connected with the house sewer outside of the house drain connection. No earthenware drains from kitchen sinks shall be less than 4 inches. Overflow pipes from cisterns shall not connect with any house sewer. 5-437. Exhaust. blow-offs and drip pipe connections. § 37. The exhaust, blow-off, sediment or drip pipe from a steam boiler shall not connect directly.with any sewer, drain, soil or wastepipe. Such pipes shall discharge into the top and abrne•the line of dis- • Ch. 5, Art. 4] Building Codes and Regulations. Plumbing Code. 47 charge 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. The waste from said tank or con- densor shall be taken from the bottom and be at least 1 size larger than the inlet, but not less than 2 inches in diameter, and provided with a trap that has a seal of.not less than 24 inches and wherever possible shall connect to the house sewer and not to the house • drain. When blow-off tanks discharge water at a higher temper- ature than 140 degrees, they shall be provided with a cooling device. 5-438. Connections with conductors prohibited. § 38. Conductor pipes shall not be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipe he used as conductors. 5-439. Soil, waste and vent pipes. § 39. • All main and branch soil and waste pipes, except as otherwise provided in this ordinance, shall be cast iron, lead or brass. For buildings less than 3 stories in height standard soil pipe of the following weights shall be used • 2 inch 3% lbs. per ft. 3 inch 454 lbs. per ft. 4 inch - 6% lbs. per ft. 5 inch 8 lbs. per ft. 6 inch • 10% •lbs. per ft. with corresponding fittings shall be used. All buildings 3 stories or more in height, extra heavy, soil pipe of the following weights: 2 inch 5% lbs..per ft. • 3 inch 9% lbs. per ft. 4.inch 13 lbs. per ft. . • 5 inch 17 lbs. per ft. 6 inch 20% lbs. per ft. with corresponding fittings shall be used. When lead pipe is used for waste or vent pipes it shall have a weight of not less than specified as follows: , 1% inch pipe, 2% lbs, per lineal ft. 134 inch pipe, 2,54 lbs. per lineal ft. 2 inch pipe, 4 lbs. per lineal ft. 3 inch pipe, 5 lbs. per lineal ft. 3% inch _pipe, 6% lbs. per lineal ft. 4 inch pipe, 8 lbs.. per lineal ft. Lead bends and drum traps used shall be known as extra heavy. The minimum inside diameter of solid 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 closets 1 line of waste pipe, 6 inch pipe shall be used for main line. • • 48 Building Codes and Regulations. Plumbing Code. "Ch. 5, Art. 4 Private kitchen sinks, 11/4 inch. waste. ' . " I-Iotel 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, 3 inch waste. Hotel dish washers, 1/ inch waste. Bath tubs, 1% inch waste. . Lavatories, 11 inch waste. . Laundry tubs, 11/4 inch waste. • Drinking fountains, 11/4 inch waste. Bar sinks and drains, 31/4 inch waste. Independent showers, 21/4 inch waste. Sitz baths, 11/4 inch waste. • Combined laundry tubs and sinks, 2 inch waste. Bedets, 4 inch waste. Urinals not less than 11/4 inch waste or size of waste opening in fixture. 6x6 inch to 12x12 inch floor drains, 2 inch waste. Larger than 12 inch the full size of drain opening. Where more than one fixture enters the same line the waste shall be in- creased 1 size at the junction up to 2 inches. 5-440. Revent pipe stacks. § 40. The revent pipe stack shall he as follows: Closets, 2 in. for 30 ft. or less. Kitchen sinks, 11/4 in. for 30 ft. or less. Urinals, 1$ in. for 30 ft. or less. Bath tubs, 1/ in. for 30 ft. or less. . Lavatories, 1% in. for 30 ft. or less. • Laundry tubs, 1:1/4 in: for 30 ft. or less. Slop sinks, 2 in. for 30 ft. or less. Combination sinks and tubs, 11/4 inch for 30 ft. or less. . Bar sinks and drains, 11/4 in. for, 30 ft. or less. . Independent showers, 1'/ in. for 30 ft. or less. Sitz baths. 1% in. for 30 ft. or less. . Drinking fountains, 11/4 in. for 30 ft. or less. Shower bath traps, 1$ in. for 30 ft. or less. Grease traps, 2 in. fresh air inlet. 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 6 feet.from the main line of soil stack it must be vented by running a separate verit not less than 2 inch internal diameter. This vent may he carried through the roof or-connected to the main vent stack not • Ch. 5, Art. 4] Building Codes and Regulations. Plumbing Code. 49 •less than 1 foot above the water line of the highest fixture. This vent must be taken out of the branch line to the closet at a point as near the bottom of the closet as possible with 2 inch.lead carried above the water line of the fixture, or by inserting a 4x2 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 he increased 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 water line of the highest fixture or be carried through the roof independent. If it is run through the roof it must be plashed the same as for main soil stack. 5-441. Terminals. § 41. 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 ten nlinal. 5-442. Terminals adjoining high buildings. § 42. No soil, waste or vent pipe extension of any new or existing building shall be run or placed 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 build- ing shall not locate windows 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 himself make such alteration to conform with this ordinance. . it shall be the duty of the owner of the lower or existing building to make such alteration therein upon receipt, in advance, of money or security therefor, 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 the making of such alteration by the owner of said new or higher building. • 5-443. Vents, lengths from traps. § 43. The back vent of any fixture trap shall be as.close to the traps as practicable, con- sistent with its location and effectiveness. The developed length of the waste pipe of any fixture from its trap to the vent pipe shall _, not exceed 18 inches. 5-444. Main vents. § 44. Every building in which \eater closets are installed'shall have at 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 extended through and above the roof. • • • 50 Building Codes and Regulations. Plumbing Code. [Ch. 5, Art. 4 • 5-445. Vent pipe grades and connections. § 45. All branch vent and back vent pipes shall he free from drops or sags • and he 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 crown as possible and rise at least 6 inches above seal before being offset horizontally. 5-446. Back vents for fixtures. § 46. Where bath rooms, water closets or other fixtures are located on opposite sides of a wall or partition or are directly adjacent to each other in an in- separable dwelling, such fixtures may have a common soil or waste pipe and vent pipe stack. 5-447. Sump pits in basements. § 47. 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 diameter 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. 5-448. Trap back vented. § 48. Every fixture trap shall be protected from syphonage and air circulation assured by means of.a vent or back vent pipe. 5-449. Back venting water closets. § 49. Every water closet, pedestal, urinal or slop sink 6 feet or more from the main vent, having-a floor connection shall be back vented from the soil or waste branch and preferably on the top of the branch: When connected with the vertical arm of a bend it shall be made above the top of the horizontal branch. When plumbing fixtures are in- stalled 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 valye shall be of iron body With hub ends for connecting drain. 5-450. Gas water heaters. § 50. All gas water heaters must have vent connection to flue. 5-451. Refrigerator waste. § 51. Waste pipes from re- frigerators or other receptacles in which provisions are stored 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. 5-452. Urinal safes. i 52. Urinal platform and safes shall not be directly connected with any soil or drain or waste pipe, ex- cept when used in combination with a urinal floor gutter. The outlet of such gutter shall be provided with a brass strainer, a deep seal or drum trap waste of not less than 2 inches with arrange-. meats for flushing same while in use. If such safe waste also • Ch. 5,Art. 4) Building Codes and Regulations. Plumbing Code. • 51 serves as a floor waste outlet, the trap shall be at least 3 inches in diameter. 5-453. Kitchen wastes. § 53. Kitchen or other greasy wastes from hotels, restaurants, club houses, public institutions or other establishments in which cooking is clone, or greasy wastes obtained, shall be intercepted by a catch basin or grease trap and then conducted to the house sewer. 5-454. Garage.and stable wastes. § 54. All liquid wastes from garages, barns, stables, manure pits and stable yards shall be intercepted before entering the sewer by a suitable catch basin, properly trapped of a design to be approved by the Plumbing In- spector. 5-455. Materials. § 55. All receptacles' used for water closets, urinals or otherwise for the disposal of human excreta shall be either vitrified earthenware, hard natural stone or cast iron, white porcelain enameled on the inside. If a cast iron is used, it shall be enameled or painted on the outside with at least 3 coats of non-absorbent paint. 5-456. • Water closet bowls. § 56. The bowls and traps for water closets shall be made in the piece of such shake and form as to hold a sufficient 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, except that nothing in this section shall apply to latrine closets. 5-457. Closets supply. § 57. Excepting flushometer, a group of water closets may be supplied from one tank but water closets located on different floors must not be supplied from 1 tank. 5-458. Frost proof closets. § 58. Frost proof closets with tahks will not be permitted in public buildings or private residences 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 trapped with a half "S" 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 possible 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 he permitted. 5-459. Closet flush. § 59. When water closets are sup-' • plied from tanks the down or flush pipe shall be in no case less than l/- inches in diameter. • • • 52 Building Codes and Regulations. Plumbing Code. [Ch. 5, Art. 4 • 5-460. Closet lead bend. § 60. When a water closet is connected to the soil pipe Iw and through a lead bend, then the outlet side of the bend must be properly wiped to a brass ferrule and the ferrule properly calked into the receiving hub. 5-461. Closet lead connection. § 61. When a water closet is not connected to the soil pipe by a lead bend, then it may be connected by and through a lead pipe lengthening piece, which shall be properly wiped to a heavy brass ferrule to be properly calked into the receiving hub. 5-462. Closet flanges. § 62. When under the two preced- ing sections closets are connected by and through lead pipe, then suitable brass floor. flanges securely soldered to lead pipe shall be used and 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. 5-463. Fixture grounds. § 63. Whenever fixtures hang on plastered walls there must be grounds placed back of the lath and plaster that the hanger or brackets of the fixture may be prop- eriv fastened thereto. This work must be done before calling the Inspector. In case the work is not ready for inspector nor ap- proved, a fee of 25c will be charged for each additional call of the Inspector. 5-464. Closet—materials of. § 64. When water closets are so constructed that the trap is a part of the. closet, then they must be of all earthenware, enameled iron or a combination of these materials. 5-465. Closet-porous, prohibited. § 65. 'All water closet . receivers must be of either earthenware or enameled iron. No stone, cement, brick or wooden or other porous substance will be permitted.. This shall apply to both single water closets and elosets built in series or ranges.. 5-466. Urinals, material and supply, § 66. Urinals must be of either enameled iron or porcelain and excepting flushometers • must be supplied from a tank or tanks or system the water of which shall be used for no other purpose. 5-467. Urinals, groups. a 67. 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 shall the capacity he less than 1 gallon for each urinal served. The flush pipes must be sufficiently large. 5-468. Urinal group defined. § 68. More than 2 urinals shall-be construed as being a group of urinals and the flush pipe or pipes thereto must be so arranged as to provide an equalized pres- sure and volume of water to all and each urinal on the range. • • • Ch. 5, Art. 4] Building Codes and Regulations. Plumbing Code. ti3 • 5-469. Urinal supply, floors. § 69. Excepting,flushome- ter, urinals situated on different stories must be supplied by tanks located on the sane story as that on which the urinals are. 5-470.• Open plumbing. § 70. All plumbing fixtures, ex- cept kitchen sinks shall be installed or set free and open from all enclosing work. Where practicable all pipes from fixtures shall be run to the wall. 5-471. Visible trap seal; § 71. All water closets and ped- estal urinals with trap combined shall have visible trap seals. • 5-472. Flushing rims. § 72. All water closets or pedestal urinals shall be provided with flushing rims constructed so as to flush the interior surface of the bowl thereof with water as pre- scribed in subsequent sections of this ordinance. 5-473. Low-down. § 73. Water closets. with low-down . tanks shall be of a syphon pattern provided with refilling devices. 5-474. Water closets prohibited. § 74. Pan valve; plun- ger, offset washouts and other water closets, except latrines, hav- ing walls which are not thoroughly washed at each discharge are prohibited. Long hopper water closets and similar appliances shall not hereafter be installed in any building except outside closets. 5-475. Urinals. § 75. All urinals, troughs or gutters other than those heretofore prescribed, shall be constructed of materials impervious to moisture and that will not corrode under the action of urine. When floor gutters are used as urinals, the-gutters shall be made with impervious material, and the floors and wall within five feet of such gutter shall he equally 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 distant from any building of a better grade. 5-476. Wooden trays and sinks. § 76. Fixed wooden wash trays, sinks or bathtubs are prohibited in buildings designed or used for human habitation. 5-477. Bath tubs. § 77. All fixtures having a waste either connected to the sewer, cess pool 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 . shall the trap exceed a distance of 2 feet from the fixture it serves. All bath tubs must be trapped with a lead drum trap not less than 4 inches in diameter and 8 inches long fitted with a 4-inch brass trap screw so placed as to be accessible for cleaning. All in- dependent shower baths must be properly trapped and vented. No new copper'lined wooden bath tubs shall he installed nor shall any old fixture of this class be reconnected. Any defective bath tut condemned by the Plumbing Inspector must be removed. 34 Building•Codes.and Regulations. Plumbing Code. [Ch. 5, Art. 4 5-478. Water supply fixtures. § 78. Water closets, Lid- ' nals or other plumbing fixtures shall be provided with a sufficient supply of water for flushing to keep them in a proper and sanitary condition. 5-479. Water closets supply. § 79. No water closet or urinal bowl shall be supplied directly from the water supply pipes excepting anti-freezing closets and closets with automatic control valves. Every water closet or urinal bowl shall be directly flushed through a flushing tank of at least 4 gallons capacity for water closets and 2 gallons for urinals. The tank shall be properly sup- • plied with water and the flush pipe to the water closet or urinal shall be at least 1 y inches in diameter, except for outside hoppers and urinals. 5-480. Flushing tanks, groups of fixtures. § 80. A group of urinals on the same floor, subject to constant use, as in schools, factories, etc., may be supplied from one tank if provided with an • automatic simultaneous flush provided that each individual urinal shall receive not less than 1 gallon of water at each flushing and the discharge is of such force as to cleanse each individual bowl at each flush. 5-481. Urinal trough and gutters. § 81. Urinal troughs and •gutters shall be flushed either by an automatic flushing tank the same as required for individual urinals or may be flushed by a direct water supply thru a brass pipe carried the full length of the trough,,perforated every 2 inches. 5-482. Flushing tanks. § 82. All valves of flushing tanks shall be so fitted and adjusted as to prevent the waste of water. The water from flushing tanks shall not be used for other purposes. 5-483. Stable, garage and yard drains. § 83. If a stable, garage or any part of a stable is used for human habitation, the same tests and inspection of plumbing and drainage system thereof shall be made as in the case of an ordinary dwelling. 5-484. Covering of work. § 84. No part of any plumb- ing shall be covered until same has been inspected, tested and ap- proved, except.as previbusly provided for in this ordinance. 5-485. Ventilators. § 85. No brick, sheet metal or earthen- ware 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. 5-486. Defective work. § 86. If tests show defects, the defective work or material shall he replaced within-3 days and the test again applied. In all cases the Plumbing Inspector shall des- Ch. 5, Art. 4] Building Codes and Regulations. Plumbing Code. :G ignate the points at which the pressure shall be relieved or drawn off. 5-487. Repairs. § 87. Tests shall not be required after the repairing or replacing of any old fixture, faucet or valve by a new one to he 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 conductor pipes are used, or their relative locations changed, provided that in a building condemned by the Plumbing inspector, because of unsanitary conditions of the house drainage or plumbing, no such drainage or plumbing shall be considered as coming under the head of repairs, but all such house drainage or plumbing shall be clone as in the case of new buildings. 5-488. ' Cess pools permitted. § 88. Tight or leaching cess pools may be used to receive the discharge from water closets and sinks 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. 5-489. Inspector's special permit, reconstruction. § 89. • Where additional fixtures are required or alterations are to he made, which cannot be practicably constructed in accordance with the,provisions of this ordinance, a special permit for such work may be_issued by the Plumbing Inspector if, in his judgment, the conditions require it. All reconstruction of plumbing work shall be clone in accordance with the provisions of this ordinance. ' 5-490. Not to apply to prior plumbing. § 90. The pro- visions of this ordinance shall not apply to plumbing of buildings which have been connected 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 he inspected when so ordered by the Board of Commissioners or by the City Board of I-Iealth whenever such Board may be created, without cost or charge to the owner or owners of such buildings and any such connections found to he defective may be ordered changed, altered, repaired or removed. • - 5-491. Penalty. § 91. Any person violating 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 $50.00. 5-492. Pressure reducing valve. § 92. That the use of a pressure reducing valve at some point' in the water line between the water main and the fixtures in any house or other building, regardless of the pressure in the water main, is recommended, but • 5G Building Codes and Regulations. Gas Piping [Ch. 5, Art. 5 • that the use of such pressure reducing valve shall be optional with the owner of any such building. 5-493. Repealing ordinances. § 93. That Ordinance No. 1618, and Ordinance No. 2374 of the City of Salina, Kansas, and all other ordinances or parts thereof of the City of Salina in con- flict with the provisions of this ordinance be and the same are hereby repealed. 5-494. Take effect, This ordinance shall take effect and be in force from and after its publication' once in the official City paper. Introduced for first reading, May 5, 1924. Passed and approved, May 19th, 1924. F. S. DYAR, Acting Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 5.—GAS PIPING. Ordinance No. 3078. An Ordinance relating to the construction, reconstruction, repair and inspection of piping for natural and artificial gas in buildings and providing penalties for the violation thereof. • Be it ordained by the Board of Commissioners of the City of Salina., Kansas: 5-501. Gas piping inspected; plumbing inspector. § 1. The Inspector of Plumbing„or his duly authorized assistant, shall inspect and test all new installations of gas piping and all exten- sions to or alterations of old installation in all buildings in the City of Salina, Kansas. He shall enforce, or cause to be enforced the provisions of this ordinance and shall have the right, during reasonable hours, to enter any building for the purpose of making any inspection required by this ordinance. 5-502. Inspector notify owner or agent of defects. § "2. Where the requirements of this ordinance have not been complied with, said Inspector shall, at once, notify the owner or agent of the building in which work has been clone, and the party installing such work, and shall order such defects as found to be changed, rearranged or removed within a reasonable time. 5-503. Inspector notified when installation ready for test. § 3. It shall be the duty of any party installing or altering gas piping in any building in the City of Salina, Kansas, to notify the Inspector of Plumbing when the work is ready for inspection and the whole system of gas piping shall he properly arranged for the Inspector to test the same: • • Ch. 5, Art. 51 Building Codes and Regulations. Cas Piping. 57 5-504. Work not satisfactory; repaired or removed. § 4. If, upon inspection and test, the installation of any gas.piping or ally part thereof shall be found to not comply with the require- ments of this ordinance, the. same shall be changed, rearranged, repaired or removed within five clays, •and gas shall not be per- mitted to flow through any piping until the same has been inspected and approved by the Inspector of Plumbing. 5-505. Permit required; application. § 5. No building shall be piped or fitted for gas, nor shall any repairs,.alterations or extensions be made in any•piping or shall fittings or fixtures be placed unless a permit shall be granted therefor by the Inspector of Plumbing. No piping or fitting shall be covered or concealed from view until inspected and approved by-the Inspector of Plumb- ing, or his assistant. Any person desiring to perform any work relating to piping or fitting a building for gas or to repair gas piping or to place fixtures therein, shall file an application therefor at the office of the Inspector of Plumbing, giving the correct loca- tion, name and address of the owner of such building and a full and complete statement of the work proposed. 5-506. . Gas brackets; bushings prohibited: § 6. All gas brackets.shall be placed at least 2,% feet below any ceiling not fire- proof, or other combustible material, unless same is properly pro- tected by a metal shield, in which case the distance shall not be less than 18 inches from said ceiling or combustible material. In all construction; reconstruction or repair of piping for natural or artificial gas, in buildings in the City of Salina, Kansas, nipples and reducing couplings must be used, and in no case will bushings he'allowed. .• . 5-507. Mercury gage: § 7. All installations, extensions or alterations to gas piping must -be inspected and tested with a mercury gage by the Inspector of Plumbing. All such installa- tions, extensions and alterations must he capable of withstanding ' pressure equal to a 6-inch column of mercury. 5-508. Bracket fittings; pipes graded. § 8. All drops or branch lines and openings for side brackets must be of bracket . ells or-square ,bends where practicable. No nipple will-he allowed in side bracket-lights. In order to avoid trappings, all pipes must be graded to riser or drops. 5-509. Placing of pipes; quality. § 9. No pipe shall be • laid so as-to 'support ally weight, except fixtures, or to be subject ,to any strain. All outlets shall he securely fastened in place and ' properly capped. No split pipes or broken fittings repaired with cement will be permitted. All pipes in buildings shall be laid above timbers instead of beneath them, where possible to do so. No • • 58 Building Codes and Regulations. Gas Piping [Ch. 5, Art. 5 second-hand gas pipe or fittings shall be used in any building with- out a written permit from the Inspector of Plumbing. No cast- iron fittings smaller than 3 inches shall lx used in gas piping. 5-510. Flexible connections; vents. § 10. It shall be un- lawful for any person, firm or corporation or gas litter to connect any gas stove or heater with a gas hose or other flexible connection.- All connections must be of iron. Where necessary portable de- vices may be connected with.flexible tubing, providing there is but one shut-off valve, such valve to be located in the rigid pipe back of the point where tubing connects to the rigid pipe, and in no case at the device. All gas stoves and heaters must have a vent con- nection to flue. 5-511. Inspector keep record. § 11. The Inspector of Plumbing shall keep a record of all inspections of gas piping made by him and when the gas piping in any building, after inspection, he found to comply with. the requirements of this ordinance, he shall issue to the party doing the work a certificate of satisfactory inspection. • 5-512. Inspection fees. § 12. The Plumbing Inspector shall be paid a fee of 50c for each inspection of gas piping, and each trip for the purpose of making an inspection of gas piping shall be considered a separate inspection, Such fees shall be ac- counted for and paid over to the City Treasurer in the same man- ner as other fees collected by such Inspector. 5-513. Violation of ordinance; penalty. § 13. It shall - 1e unlawful for.any person to do or permit to be done any of the things herein prohibited or to permit any condition herein pro- - hibited to exist on any premises owned by him or in his posses- sion, charge or control, or for which he may be the agent, or to fail to do any of the things that are commanded to be done, and any person violating anv of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be lined in any sum not less than $5.00 nor more than $50.00 for each offense. 5-514. Take effect. .§ 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 for first reading, Feb. 16, 1925. ,Passed and approved,-Feb. 23, 1925. J. S. HARGETT, Mayor. ' Attest: CHAS. E. BANKER, City Clerk. • • Ch. 5,Art. 6] Building Codes and Regulations. Signs. gn ARTICLE 6.—SIGNS. 5-601. Permits for signs. No -person or persons, corpora- tion or company shall erect or cause to be erected or 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 high- ' way therein, without first, before proceeding with the erection or hanging of any- such sign in said City, obtaining a permit for such erection or hanging from the Building Inspector, and .it shall lie unlawful to proceed with the erection or hanging of any sign un- less such permit shall first have been obtained. All such signs here- after constructed or ereeted '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 permit.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 in- formation which the Building Inspector may require in connection therewith. . If the sign to be erected, as shown by such applica- tion, conforms with the provisions of.this ordinance, the Building, Inspector 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.) 5-603. Signs of metal dr non-combustible material. All signs hereafter erected or re-erected within the fire limits as now • or hereafter defined shall be of metal or other non-combustible material (§ 3, Ord. 3021, 6-25-24). 5-604. Height above street. All signs, hanging over or across any street or public thoroughfare or sidewalk or parkway therein, within the corporate limits of said City shall be at the • lowest part at least 10 feet above such sidewalk, street or public thoroughfare, except that flat signs having an area on one side of 4 square feet or less and which do not extend more than 3 feet from the building to which they are attached may be at the lowest part not less than 7?/, feet above such sidewalk or street (§ 4, Ord. 3021, 6-25-24). 5-605. Signs flat against building. All signs erected flat against any building or structure shall he 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 anchor- • 00 Building Codes and Regulations. Signs. [Ch. 6,Art. 6 ing such signs in each case to be approved by the Building In- spector (S 5, Ord. 3021; 6-25-24). 5-606. Swinging on poles; attached to trees or posts; prohibited. No sign hereafter erected or re-erected over or across any street or public thoroughfare 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 support-. ing same- from the top, except by special permission from the Building Inspector when he may deem such guy wires unnecessary. No sign, which is now or hereafter erected, shall be supported by a post or support placed in or upon any street or public thOrongh- . fare within the City of Salina, or in or upon any sidewalk or park- way- therein, nor shall any such sign be supported by or attached to any tree in or upon any such street or other thoroughfare•or any parkway or sidewalk therein (ti 6, 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 sidewalk, street or public thoroughfare, ex- - cept signs having an area of 4 square feet or less and extending • 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 . attached, 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 sign 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 signs hereafter erected under the provisions of this ordinance 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 evidenced by a certificate to that effect signed by the Building Inspector. Any person or corporation failing to notify the Building. Inspector promptly upon' the completion of any sign shall be deemed guilty of a violation of this ordinance (5 8, Ord. 3021, 6-25-24). 5-609. All signs subject to inspection; unsafe signs re- moved. All signs now or hereafter erected shall be, at all times, subject to the inspection of the Building Inspector or whenever • • • • Ch. 5,Art. 61 Building Codes and Regulations. Signs. 61 • any complaint has been made him, or whenever he deems such in- spection necessary. If the Inspector shall, at any time, find any sign insecurely anchored or in ally manner unsafe or in such con- dition that it or any support or part thereof is liable to fall or break, he shall have authority to either order the same entirely removed•or to order the same to be repaired or secured in such a 'manner as he may deem necessary, if; in his opinion, 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, of- ficer 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 he 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 In- spector to be in an.unsafe condition, shall be deemed'and is hereby declared to be a nuisance and may be abated 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 ?;o the building in a manner satisfactory to the Building Inspector and shall be otherwise supported in such a manner as the Building Inspector may direct (§ 11, Ord. 3021, 6-25-24). 5-612. Violation of Sections 5-601 to 5-611;•penalty. Any person who violated, neglects or refuses to comply with or who resists or opposes the enforcement of any of the provisions of this • ordinance shall be deemed, guilty of a misdemeanor and upon con- Niction 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, representative, member or officer of any firm or corporation own- ing or.in charge of any signs in this ordinance mentioned, or own- ing, occupying or in charge of any building to which such sign may be attached, or responsible for the erection or maintenance of any such sign. Each dads continuance of. any offense herein defined shall be deemed to be a separate offense and violation for each day in which such violation, neglect or refusal shall continue (§ 12, Ord. 3021, 6-25-24). i • • 62 Building Codes and Regulations. Billboards. [Ch. 5,Art. 7 5-613. Chamber of Commerce; sign across Twelfth Street at Bishop. Resolved by the Mayor and Councilmen of the City of Salina, that The Salina Chamber of Commerce is hereby grant- ed permission to erect an electric sign, advertising the City of Salina', across Twelfth Street at the intersection of Twelfth Street arid 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. (Resolution adopted by City Council, September 2, 1916.) ARTICLE 7.—BILLBOARDS. ' 5-701. Permit for erection; petition. § 1. It shall be unlawful for any person, company or corporation to erect or main- tain any bill board within the City of Salina without first having obtained from the Fire Chief of the City (Building Inspector, see • Sec. 5-105) .a permit to so erect and maintain such bill board, and such,permit shall not be given before there has been presented to said Fire Chief a petition signed by at least ninety .(90) per cent of the resident property owners. owning property within the block in which such bill board is to be erected or maintained (§ 1, Ord 1962, 6-30-1916). 5-702. Penalty; violation of Section 5-701. § 2. Any person, company or corporation which'shall erect or maintain any bill board in the City of Salina.without first having obtained the 'permit provided for in Section One, hereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined'in any sum not more than Twenty-five Dollars ($25.00) or less than Five Dollars ($5.00) and every day ally such bill board shall be maintained without having such= permit shall be a separate and distinct offense and misdemeanor within the terms of this ordi- nance (§ 2, Ord. 1962, 6-30-1916). • • • Ch. 5,Art..8] Building Codes and Regulations. House Moving. •fig ARTICLE 8.—HOUSE MOVING. (Published in The Salina Evening Journal, March 8, 1924.) Ordinance No. 2947. • An Ordinance concerning and regulating the moving of houses and other buildings within the City of Salina, and through, on, over or across the streets, avenues, alleys and other public • thoroughfares thereof; declaring certain acts to be misde- meanors and providing penalties for the violation thereof; and repealing ordinance No. 1118. of the City of Salina, Kansas, and all other ordinances or parts of ordinances of said city in Conflict herewith. Be it ordained. by the Board of Commissioners .of the City of • . Salina., Kansas: 5-801. ' Moving house or building; permit required. § 1. That no person or persons, either as•an individual or as the agent, •employee,.officer, representative or member of any firm or corpora- tion shall move any house or other building, or any part thereof from one place to another within the City of Salina; Kansas, and through, over, on or across any street, avenue, alley or other public . thoroughfare within said city, without first making application for, and securing a permit 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. 5-802. Building inspector; fire chief approve route; clerk issue permit. § 2. Before any such application is filed it shall he referred to the Building Inspector of the City of Salina, Kansas, who shall inspect any such house or building described in such ap- plication, and, if, in his opinion, such house or building is in a proper and fit condition to he moved to the destination 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 build- ing is to he moved. Such approval shall be noted on the applica- tion, 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 Building Inspector and Fire Chief noted thereon, the City Clerk shall issue the permit provided •for in the preceding section hereof. • • a • • • • 64 Building Codes and Regulations.• House Moving. [Ch. 5,Art. S 5-803. Removal of wires; charges. § 3. Any person or persons desiring to move any such house or other building through, on, over or across any street, avenue, alley or other public thor- oughfare, across or along which any telegraph, telephone, electric light or fire alarm wires have been placed, shall give to the person, firm or corporation owning or in :charge of such wires at least twenty-four (24) hours' written notice of the time and place, when and' where, it may be necessary to cut or remove such wires. to permit the moving of such house or other building and shall de- posit in advance with such person, firm or corporation the esti- mated cost of cutting, removing and replacing such wires. The owner or person in charge of .such wires shall, within a reasonable time after the hour mentioned in such notice, remove said wires for a sufficient length of time to permit such moving, and the entire cost and expense.of removing, cutting and replacing of said wires, including the time spent by the employees of the owner of such .wires in going to and from such place, so as to permit the moving of any such house or other building, shall be paid'by the person or persons making such request, providing however, that where such wires are less than twenty (20) feet above the surface of the street. the owner shall remove and replace the same without charge; pro- vided, 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 thor- oughfare in the City of Salina at a distance of not less than sixteen (16) feet from the ground, then the person, firm or corporation 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, as. amended by § 1, Ord. 2963; Apr. 14, 1924). 5-804. Moving along certain streets prohibited. § 4. It shall be unlawful for any of the persons mentioned 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 Sev- enth Street, between the south line of Elm Street and the south line of Walnut Street, 'or into, through, along, upon or across Ash Street, Iron Avenue or Walnut Street 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. 5-805. Standing in streets; signals. § 5. It shall be un- lawful for any of the persons mentioned in section 1 of this ordi-• nance to permit any such house or other•building to stand in or upon any street, avenue, alley or any other public thoroughfare in • • Ch. 5,Art. 8] Building Codes and Regulations. House Moving. (i3 • said city between the hour of sunset and the hour of sunrise with- out placing and maintaining between such hours aforesaid, in a conspicuous position on said house or other building, at least three- red lights or lanterns on each side of such house from which direc- tion any traffic may approach, and without placing and maintaining between such house, upon any and all apparatus or equipment used in connection with such house moving, and remaining in any such street and thoroughfare, a sufficient number of red lights or Ian- . terns so as to make the same visible to all approaching traffic. 5-806. Signals at,ends of block. '§ 6. 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 person, 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 commis- sioner, 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 persons approaching the same and the person so moving' any such house or'building shall 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 thor- oughfare in the City of Salina. 5-807. Extending over curb line. '§ 7. 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 ov-er'either curb line of such street, alley or public thoroughfare, except in the block from which or into which the house is to be moved. 5-808. Trees; trimming; supervision; responsibility. § 8. . No tree nor any branch, limb or part thereof shall be broken, cut off or removed by any snick person' or persons for the purpose of moving any house or building, except under the direction and su- • pervision 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 respon- sible therefor, shall pay the expense of such supervision and the expense of any of the employees of said Park Commissioner or of the City of Salina in and about such supervision or in the cutting or treatment of such tree, provided.however, that this section shall • not be deemed to permit the cutting or trimming of any tree con-.- . • 66 Building Codes and Regulations. House Moving. [Ch. 5,Art: S trary, to the provisions of the laws of the State of Kansas, nor to . relieve any such person of any liability on account of any such tutting 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 Commissioner or his employees or other employees of.the City of Salina, shall, when engaged in the cutting, trimming or removing of any tree or part thereof for the purpose of permitting any house or building to be moved, or when engaged in any man- ner in trimming or cutting any tree or part thereof at the direction - or request of any such person, be deemed to be the agent and,rep- resentative of the person on whose behalf such cutting and trim- ming is clone, 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, con- nection with the cutting; trimming or destruction of any such tree or trees or parts thereof. 5-809. Violation of ordinance; penalty. • § 9. Any person, either as an individual or as the officer, agent, representative, em- ployee 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 ordi- 'nance, .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 misdemeanor and shall be fined not less- than fifty dollars (550.00) nor more than $100.00 for each violation, provided, that each and every violation of any provision of this ordinance shall he deemed a separate 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 person making the application for the permit provided for in this ordi- nance, whether as an individual or as an agent, employee or repre- sentative of any firm or corporation, shall be deemed to have au- , thorized and shall be responsible•for any violation of this ordinance by any other person in any way connected with the moving of such house or building, but nothing herein contained shall be considered as relieving any other person from responsibility of any violation of the terms of this ordinance of which such person may be found guilty. 5-810. Bond required; sureties. § 10. . That before the is- suance of any permit by the City Clerk, as provided for in sec- tion 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 appli V Ch. 5, Art.9] Building Codes and Regulations. Miscellaneous 67 Building Regulations. cant will indemnify and•save harmless the said City of Salina and all other persons from and against all damage 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 or loss suffered by them or caused by reason of said moving or resulting therefrom or from the violation of any of the terms of this ordinance. Such bond shall be approved as to form by the City Attorney of the City of Salina and as to the sufficiency of the sureties by the City Man- ager of the City of Salina. Nc 'surety company shall be acceptea as such surety unless it shall be authorized to do business. in the L1tate 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 individual who is damaged by reason of such moving, may file suit directly against the surety named in such bond. One bond mav'be filed by any, person to cover any and all 'moving of houses or buildings by such person during the period of such bond. Any surety may cancel any such bond as to future liability by giving ten days notice in writing of such can- cellation to the City Clerk, to take effect at the expiration of said ten clays, and after the giving of such notice, no permit shall he • issued to the principal and in such bond until he shall file another bond a's required b y this section. 5-811. Take effect. § 11. 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 January 14th, 1924. • Passed and approved March 3rd, 1924. (Seal) _ J. S..HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 9.—MISCELLANEOUS BUILDING REGULATIONS. 5-901. Downspouts into streets and alleys; elbow. That no down-spout or drainage pipe which carries the water from the roof of any building directly on to any street or alley in the City of Salina, Kansas, shall he constructed or shall hereafter be per- mitted 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 shall discharge such water in a direction parallel with the surface of such street or alley (§ 1, Ord. 3035, 10-6.24). • • 88 Building' Codes and Regulations. Miscellaneous [Ch. 5,Art. 9 Building Regulations. 5-902. Water direct from roof to street or alley pro- hibited. 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 downspouts or drain pipes constructed in accordance with the provisions of Sec- tion 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 know- ingly- permit the violation 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 less than $5.00. nor more than $50.00 for each offense, provided that each day's vio- lation of any of the provisions of this ordinance shall be deemed a separate and distinct offense (§ 3, Ord. 3035, 10-6-24). Ordinance No. 3070. An Ordinance regulating and prohibiting certain wires in, over and across public streets and alleys in the City of Salina. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: • 5-904. Wires in streets prohibited. § 1. That it shall be`unlawful for any person, firm or corporation, except "street rail- way, 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 thor- oughfares or public places in the City of Salina. 5-905. -Wires to constitute a public nuisance. § 2. Any wires so constructed,. placed or maintained contrary to the pro- . visions of Section 1 of this Ordinance shall shall be removed by . the person, firm or corporation responsible therefor at the direc- tion 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 m addition to such remedy by abatement, the Electrical Inspecttor shall have authority to take clown and remove any such wires at any time at the cost of such person, firm or corporation. 5-906. Violation; penalty. § 3. Any person, including any member of any partnership or any officer, agent or representative • Ch. 5. Art. 9] Building Codes and Regulations. Miscellaneous (ffl Building Regulations. 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. , 5-907. Take effect. § 4. 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, Kansas. Introduceci,for first reading, February 9th, 1925. Passed and approved, February 16th, 1925. J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. 5-908. Special permit for Convention Hall; encroach on street. That a permit be and is hereby granted to the owner or owners of Lots 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 erec- tion of a three-story brick building, to be known as the Conven- tion Hall Building; Provided, 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 construction of such build- ing; 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 distance of eigh- teen (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). • • • • • • 70 City Officers, Boards and Commissions. Board of [Ch. 6, Art. 1 Commissioners, Manager and Departments. CHAPTER 6.—CITY OFFICERS, BOARDS AND COM- MISSIONS. • Article 1.—Board of Commissioners; City Manager; De- - partments.-6-•101 to 6-110. • 2.—Officers and Employees; Duties.-6-201 to 6-219. 3.—Salaries of Officers and Employees.-6-301 to 6-310. • 4.City Planning Commission.-6-401 to 6-409. 5.—Trustees•Memorial Hall.-6-501 to 6-505. 6.—Library Board.-6-601 to 6-605. T- Cemetery Board.-6-701 ,to 6-703. (For Board of Public Welfare see 3:101 to 3-211; Band Trustees, 2-101 to 2-104; Oakdale Park Executive Committee, 17-310.) ARTICLE 1.—BOARD OF COMMISSIONERS. . MANAGER AND DEPARTMENTS.' .(Published in The Salina Evening Journal, July 16, 1921.) • Ordinance No. 2397. • An_Ordinance classifying, creating and establishing certain depart, .meats 'and offices, for the conduct and control of the govern-' mental and administrative affairs of the City of Salina, Kan- ' sas,.pursuant to the provisions of Chapter 86, of the Session . . ' :Laws of Kansas for 1917. .relating to' the government of all die'-cities in Kansas, and to establish an. optional form, of government after the adoption-of the provisions of said act; ' defining and fixing the duties of the officers and employes . within said departments and offices, and repealing all ordi- nances or parts of ordinances in conflict with its terms. Be it Ordained by the Board of Conpnissioners of the City of Salina, Kansas: • 6-101. Governing Board. §.1. That there should be and hereby is created and established a Governing Board which shall consist of the number of commissioners to he 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 he no distinction Made as to the title or duties among the commissioners except as the Board shall organize itself for the transaction. of business. The Board shall choose its ow'n chairman 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 • Ch: 6, Art, 1] City Officers, Boards and Commissions. Board of 71. Commissioners, Manager and Departments. • prescribed by law. The Governing Board shall meet regularly once each week and oftener if business requires, and special meet- ings thereof may be held on written call signed by a-majority of the Commissioners. 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 needful for the protection, safety and welfare of the City as provided by law and to provide for and create such departments and offices as shall be necessary to carry out the provisions of the form of government defined in Chapter 8b Session Laws 1917 and amendments thereto and to determine the • salaries to be paid all City officials and employes within the limita- tions of the law. _ The Board shall appoint a Manager who shall be responsible for the efficient administration of the City's business. 6-102. Administration; City,Manager. § 2. That ,there be and hereby is created the office of City Manager and the ad- ministration of the affairs and business of the City shall be in his hands. He shall be appointed by the Governing Board, and shall hold his office at the pleasure of the Board; he shall he chosen solely upon the basis of administratioe ability, and his choice shall not be limited by any resident qualifications. - Such Manager shall he responsible for the administration of all of the affairs of the City. He•shall see that the laws and the ordinances are enforced; he shall appoint and remove all heads of departments and all the subordinate officers and employees. All appointments made by him shall he 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 Article 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. FIe shall prepare and submit the annual budget to the Governing Body and also keep the City fully advised as to the financial conditions and needs of the City. He may make recom- mendations to the Commissioners on all matters concerning the welfare 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 perform- ance of his duties as City Manager, and shall cause a bond, with proper securities. approved 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. • 72 City Officers, Boards and Commissions. Board of [Ch. G, Art.1 Commissioners, Manager and Departments. He shall receive a salary fixed and payable as defined by ordinance. 6-103. Department of Finance. § 3. That there be and hereby is created a Department of Finance which shall have gen- eral control of the financial affairs of the City. A Director of Finance will be it charge of the Department, subject to the super- vision 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 attend all meetings of the Board of Commission- ers, keep a true record of its proceedings, and shall also keep a record of all his official acts, and when necessary shall attest them. He shall also keep and preserve in his office the corporate'seal of the City, together with all records. public papers and documents of the City not belonging to any other officer. He shall be author- ized to administer oaths. He shall also perform such other and further duties as are now provided by law and ordinance, and are not inconsistent,with the provisions hereof. He shall give a good • and-sufficient Surety Company Bond to the City, to be approved by the Board of Commissioners, in the sum of $5,000.00, condi- tioned for the faithful performance 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 malfea- sance in office. He shall receive a salary fixed and payable as defined by ordi- nance. For the further administration of the affairs of the Depart- ment of Finance, the following officers are hereby created'and em- ployments 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 and sufficient Surety Company Bond in the sum of $50,000.00, to be approved by the Board of Commission- ers, said bond to be conditioned for the faithful 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 harmless from all loss caused by neglect of duty or malfea- sance in office. The accounts of the City shall be kept by the Treas- urer in such way that a full and comprehensive statement of the City finances may he 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 of warrants issued by the Director of Ch. 6; Art. t] City Officers, Boards and Commissions. Board of :3 Commissioners, Manager and Departments. 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 respon- sible and solvent Banking Institutions which will pay the highest 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 he prescribed by law. He shall receive a salary fixed and payable as defined by ordinance. (b) All necessary stenographic and clerical forces may he employed from time to time as may he necessary, the salaries to be fixed and payable as defined by ordinance. • 6-104. Department of Law. § 4. That there be and hereby 'is created and established, a Department of Law, for the adminis- tration of the legal affairs of the City of .Salina; and the super- vision and control of the said Department shall be in the hands of a Director 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 meet- ings of the Board of Commissioners. For the further administration of the affairs and duties re- lating to the department of law the following offices are hereby created and employments authorized, to-wit: (a) An. assistant City Attorney, whose duties shall be to assist the City Attorney under his direction in all legal matters appertaining to the City, and to advise with and attend all meet-• ings 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 offices 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 here- after be required of them by law or ordinance. 6-105. Department of Public Safety. § 5. That there be and hereby is created and established a Department of Public Safe- ty, embracing and including the superintendency and control of • • 74 City Officers, Boards and Commissions. Board of [Ch. 6, Art. 3. Commissioners, Manager and Departments. the Police and Fire Departments. The affairs of the said Depart- ment of Public Safety shall be under the immediate supervision of a Director, who shall be ex-officio Chief of Police, subject to the approval and direction of the City Manager. 1-Ie shall be appointed by, and hold his office, at the pleasure of the City Manager. • For the purpose of the further.administration of the affairs of the said Department of Public Safety, the following sub- divisions are hereby created and the employments are authorized: (A) Police Department. The officers and employees, classi- fication and salaries now effective by ordinance relating to the Police Department shall remain in• full force and effect, and un- changed. Provided,-however, that the appointment of all members 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. (B) Fire Department. The officers and employees, classi- fication and salaries now effective by ordinance relating to the Fire Department shall remain in full force and effect, and unchanged. ' Provided, however, that the appointment of all members 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 limitations of law. 6-106. Department of Public Service. § 6. That there be and hereby is established and created a Department of Public Serv- ice, 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 speci- fications.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 pertain- ing to his office. He shall give good and sufficient•Surety Com- pany 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 harmless from all loss caused by neglect of duty or malfea- sance in office. He shall receive a salary fixed and payable as de- fined by ordinance. For the purpose of the further administration of the affairs of the said Department of Public Service, the following offices are hereby created and employments authorized, to-wit: • - (a) A Superintendent of Streets, Alleys and Sewers, who, • in addition to the duties now prescribed by law and ordinance, shall have under his special-charge and control the cleaning of gut-. • • Ch. G, Art. 11 City Officers, Boards and Commissions. Board of 1 Commissioners, Manager and Departments. ters, storm'water sewers and paved streets. He shall receive a - salary fixed and payable as defined by ordinance. (b) All other employees, such as Inspectors, Rodnaen, In- strument Men, Teamsters, Street Employees and Laborers, that may be needed for the prosecution of work in connection with the Department of ,Public Service shall be employed, and the em- ployment is hereby authorized by the City Manager whenever it is deemed necessary and expedient. The salaries and wages paid to such persons. employed to be fixed and payable as defined by ordinance. Each of said officers of the Department of Public Service shall be appointed by and hold office at the pleasure of the City Manager. 6-107. Other Officers. § 7. For the further administration 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. (h) 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 he fixed and payable as •defined by ordinance. • 6408.- Additional Departments. § 8. That the Board of • Commissioners may create and establish additional departments and offices as may be necessary for the purpose of a more efficient administration and as business may demand. Provided, when other departments and offices are created and 'established the offi- cers in charge shall be appointed by and serve at the pleasure of the City Manager and that the duties to be performed and com- pensation be defined and fixed by ordinance. 6-109. Conflicting ordinances repealed. • § 9. •That all ordinances or parts of ordinances inconsistent or in conflict with the terms of this ordinance be and the same are hereby repealed. 6-110. Take effect. § 10. This ordinance shall be in full force and effect from and after its publication once in the official City paper. Passed and approved this 11th day of July, 1921. • (Seal) F. S. DYAR, Mayor. . Attest: CHAS. E. BANKER, Cite Clerk. • • • 78 City Officers, Boards and Commissions. Board of [Ch. G, Art. 1 • Commissioners, Manager and Departments. (Published in The Salina Daily Union, March 26th, 1925.) Ordinance No. 3093. • An Ordinance providing for the election of certain city officers of the City of Salina -and prescribing the manner of conducting • the same and the manner of making returns thereof. Be it Ordained by the Board. of Commissioners of the City of ' Salina, Kansas: 6-111. Election of Commissioners. § 1. That on the first Tuesday in April of the year 1925 and of each odd numbered year thereafter there shall be held in the City of Salina an election for the purpose of electing two commissioners to hold office in accord- ance with the provisions of Section 12-1004 of the Revised Statutes of Kansas 1923. That the candidates to be voted on at such election shall be selected at a primary election to be held in such city on the second Monday preceding such election. That no candidate shall be entitled to have his name submitted at any such primary election unless he shall have filed with the'City Clerk of said City at least ten days prior to said primary: election his statement of such can- didacy in substantially the same form as that provided in Section 13'-1706 of the Revised Statutes of Kansas, 1923, except that no • distinction shall-be made in the title or duties of said commissioners and unless such candidate shall •have within the same time filed with said City Clerk a petition accompanying said nomination statement duly signed by of least twenty-five duly qualified electors of said City in substantially the same form as that provided in said Section 13-1706 of the Revised Statutes of Kansas, 1923, except that there. shall be no distinction. made as to title.or duties of said Commis- sioners. Immediately upon the expiration of the time for filing the statements and petitions for candidates, the City Clerk shall cause to he published for three successive clays in all of the daily papers published in the City'of Salina, the names of the persons as they are to-appear upon said primary ballots, and said City Clerk shall • thereupon cause the primary ballots to be printed and authenticated with a facsimile of his signature. Upon said,primary ballots the names of'the candidates for commissioners arranged in alphabetical - order shall be placed with a square at the right of each name and -immediately above the names the words "vote for two." Having caused said ballots-to be printed the City Clerk shall cause to be delivered at each polling place a number of ballots equal to twice the number of the persons casting ballots in such polling precinct at the last general municipal election. •Persons who are qualified th vote'at the.general municipal election shall be qualified to vote at such primary election and all of the provisions of Chapter- Ch. 6, Art. 1] City Officers, Boards and Commissions. Board of ' 77 Commissioners, Manager and Departments. 54 of the Special Session Laws of 1908 and amendments thereto , shall govern the conduct of such primary so far as the same are applicable and not inconsistent herewith. The four candidates receiving the highest number of votes at such primary election shall be the candidates for commissioners at the general election to be held on the first Tuesday in April of said year. At the general election to be held on said first Tuesday in April the City Clerk shall furnish ballots, as in the primary election, containing the names of the four candidates nominated at the primary election and arranged in alphabetical order with a square at the right of each name and above the names of such candidates shall appear the words "vote for two" and such ballot shall be authenticated with a facsimile of the signature of the City Clerk. The ballots for both the primary and general elections provided for shall be on sub- stantial white paper and shall he headed "Candidates for nomination for Commissioners of the City of Salina at the primary election" and "Candidates for election for Commissioners of the City of • Salina," respectively. All votes at both of such elections shall be cast, recorded and counted as in the manner now provided by law for City elections. The Board of Commissioners of the City of Salina shall he the Board of Canvassers and shall meet on the first Friday after such general election to canvass the vote, and the returns of such election shall be made to the City Clerk before that time and • . by him presented to the Board of Canvassers. The person receiving the largest number of votes at said election shall be declared to he elected and shall thereby be elected to the four year term of office as provided by Section 12-1004 of the Revised Statutes of Kansas, 1923, and the person receiving the second highest number of votes at said election shall be declared to be and shall thereby be elected to the two year term of office as provided by said section, and such Commissioners so elected shall hold office until the expiration of such terms or until their successors shall have been elected and qualified. Each person so elected shall receive a certificate of elec- tion under the seal of the City signed by the Mayor and Clerk, and the record of the canvass of votes shall be spread upon the journal of the Board of Commissioners of the City of Salina, together with the result, stating the names of all persons declared by the can- vassers to be elected, and the decision upon each proposition voted upon at any such election; and the neglect of any officer to qualify within ten days after notice of his election shall be deemed a re- fusal to accept. Whenever there shall be a tie in the election of any office the Board of Canvassers shall determine by lot the person entitled to receive the certificate of election. It shall be the duty of the City Cleric to preserve intact all ballots cast at City elections for • 78 ' City Officers, Boards and Commissions. Duties of [Ch. 6, Art. 2 City Officers. City offices for the period of one year after the same have been delivered to him by the judges or clerks of such election. 6-112. Hours of Voting; Judges and Clerks; Other Pro- -Visions. a 2. That in all respects, except as in this ordinance pro- vided for, all primary elections'and general elections for the election - of commissioners of the City of Salina shall be conducted in the same manner as that provided for by the laws of the State of Kan- . sas for elections in cities of said State having the Commission form of Government where a Mayor and four Commissioners are elected. At the primary and general elections in this ordinance provided for, the polls shall be kept open between the hours of six A. M. and seven P. M. and no longer. The election judges and clerks shall be designated by the Board of Commissioners as provided by Section 1704 of the Revised Statutes of Kansas, 1923. 6-113. Authority for Ordinance. 3. That this ordi- nance be and the same is hereby adopted in accordance with the authority conferred on the governing body of said City by Section 13-421 of the Revised Statutes of Kansas, 1923. 6-114. Take Effect. § 4. This ordinance •shall take effect and•be. in full force from and after its passage and publication in the official City paper. Passed and approved this 23rd day of March; 1925. • • (Seal) • J. S. HARGETT, Mayor. Attest: CITAS. E. BANKER, City Clerk. ARTICLE 2.—DUTIES OF CITY OFFICERS. • 6-201. References to Mayor and Council, or to any'Com- • mittee—deemed to refer to Board of Commissioners. 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, Kansas, except as may be otherwise specifically provided by ordinance (§ 1, Ord. 3030, 9-15-24). 6-202. Duties of City Clerk. In addition to any and all other duties, which may now or hereafter be prescribed by or- - dinance, 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 pertain- ing 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. • • Ch. 6,Art. 21 City Officers, Boards and Commissions. Duties of :9 City Officers. Whenever any ordinance or section thereof shall have been here- tofore'or shall be hereafter repealed it shall be the duty of the City Clerk to write or stamp on the face of-the record of said ordinance or section thereof, in the original ordinance books of the City of Salina, and upon the face of the original ordinance or section thereof on file in his office, the word "Repealed" together with a notation of the number and date of passage of the ordinance re- pealing such ordinance or section. The City Clerk shall keep both a numerical and an alphabetical index of all ordinances passed by the Board of Commissioners and shall note thereon the repeal of any such ordinance or section thereof. Whenever any paper of any kind entitled or required to be filed with the City Clerk, is presented to him for filing, the Clerk shall, at the time of the reception thereof write or stamp thereon the word "Filed" to- gether with the date of reception and the name of the Clerk. The City Clerk shall perform such other and further duties as may be required by law or which may be directed at any time by the Board • of Commissioners. All acts required to be performed by the Clerk hereunder or by any other ordinance shall be performed by such Clerk or by his deputy or assistant under his direction (§ 1, Ord. 3059, 12- 29-24). 6-203. Additional duties of Clerk. It shall be the duty of said Clerk to attend all meetings of the said council and record their proceedings, to keep the proper account books belonging to his office, and to 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 handwriting, every ordinance hereafter enacted for said city im- mediately after its passage, and he shall append 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, aiid 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 assess- ments levied by said city under the authority of the laws govern- ing said city; to make and prepare for publication, quarterly re-' ports for the quarters ending the 15th day of March, June, Septem- • 80 City Officers, Boards and Commissions. Duties of [Ch. G, Art. 2 City Officers. ber and December, respectively, containing' a full and detailed statement 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 clays 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 there- to; and to perform all such other- duties as may be required of. him by said council (§ 2, Ord. 280, 6-24-79). • 6-204. Clerk to pay over money. It shall be the duty of said Clerk to pay over all moneys that may come into his hands as such Clerk as required by .law or ordinance, and shall deliver to his successor in office all the books, records, papers and other things belonging to his office (§ 3, Ord. 280, 6-24-79). 6-205. Duties of City Treasurer; deposits in banks; bonds of depositories. It shall be the duty of the City Treasurer to deposit daily all funds and moneys of whatsoever kind that'shall cone into his possession by virtue of his office as such City Treasurer, in his name as such treasurer, in one or more respon- sible banks located in the City of Salina, and designated by the City Council as city depositories; Provided, that such bank or banks shall pay interest on the average daily balances, computed on even hundreds of dollars at such rate as may be agreed upon with the City Council, and shall credit the same monthly to the ac- count of such Treasurer, _and provided further, that when more than one bank is designated as depositories, the City Treasurer shall divide-such funds equally between such banks so designated. Before directing the deposit of any funds as aforesaid, the City Council shall take and approve from such bank or banks a bond in the sum to be fixed.by the City Council equal to the approxi- mate average amount that may be on deposit during any one year, . with good and sufficient surety, conditioned that such deposit shall be promptly paid on the proper warrant of said Treasurer, and the bondsmen of said Treasurer shall not be liable for such deposit; and such bank or banks shall on the first Monday of each month file with the City Clerk a statement of the amount of money to the credit of the said.Treasurer at the close of business each day during the previous month, and the amount of interest accrued thereon during such month, computed on even hundreds of. dol- lars. It shall be the further duty of said Treasurer to keep an accurate account of all receipts and disbursements of the treasury , of the city, in books provided for that purpose at the expense of said city, in which he shall specify the names of the persons from whom received and to whom paid, on what account the same is • • Ch. 6,Art. 2] City Officers, Boards and Commissions. Duties of 81 City Officers. received and paid out, the kinds of funds and the time of such receipt and payment (§ 6, Ord. 280, Amd. § 1, Ord. 1180, 4-21-03). 6-206. Additional duties,of Treasurer. If said Treasurer • shall receive in payment of city taxes or assessments or for licenses or other dues, any legally issued warrants or orders or any ma- tured coupons, bonds or scrip of said city, or shall redeem any such warrants, orders, coupons, bonds or scrip out of money in the treasury appropriated by ordinance for that purpose, it shall. be the duty of said Treasurer upon redeeming said warrants, orders, coupons, bonds or scrip or upon 'receiving the same in pay- ment for such taxes, assessments, licenses or other dues, to cause the person presenting such warrants, 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 num- ber of said warrant, order, coupon, bond or script, 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 pay- ment and the amount of interest, if any; paid thereon' and the kind of instrument (§ 7, Ord. 280, 6-24-79). • 6-207. 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 (§ 8, Ord. 280,4-24-79). • 6-208. Treasurer receive moneys; give receipts. It shall be the duty of said Treasurer to receive all moneys clue to and collected for said city and safely keep the same and pay out the same only on presentation of the properly drawn order of. the council, signed by the Mayor and attested by the Clerk and the seal of said city; and at the time any money shall be paid into the treasury of said city, to make and 'sign duplicate receipts to the person paying the same, stating therein the fund in which such money belongs and to deliver one of said receipts to the per- son paying the same and to deliver immediately after its execution the other of said receipts to the.Clerk of said city; to keep separate and distinct accounts of the different funds belonging to said city, to safely keep and preserve all books, papers, bonds, or documents belonging to his office; and to make and deliver to the council of said city each year on or before the regular.meeting of said council in the month of March, a full and detailed statement of all his receipts and dish rrsenients as said treasurer, 'describing the same; and shall now and hereafter do and perform all such other duties as are now or hereafter may he required of him by • • 82 City Officers, Boards and.Commissions. Duties of [Ch. 6, Art. 2 City Officers. ordinance or by direction of said council, and the said treasurer is strictly prohibited from renewing by indorsement or otherwise any city warrant issued by the said City of Salina (§ 9, Ord. 280, • 6-24-79). 6-209. 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: belonging to his said office (§ 10, Ord. 280, 6-24-79). 6-210. Duties of City Attorney; attend courts; draw or- dinances. That it shall be the duty of the City Atttorney to at- tend 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 where- in 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). 6-211. Attorney give advice to Mayor, etc.; draw con- tracts. It shall be the duty of the City Attorney to give legal advice to the Mayor and Council or the chairman of any committee of the council or other city officer, and whenever so requested,'_ shall reduce his•opinion to writing, and it shall be his further duty to draw any.contract or other writing necessary to the prosecution bf the business of the city (§ 3, Ord. 1859, 6-21-15). 6-212. Failure and neglect; forfeiture of pay. If in any case the City Attorney shall refuse or neglect to perform any of the duties aforesaid, he shall forfeit double the amount required tb pay for the work so refused or neglected, which sum shall he deducted from his salary. (§ 4, Ord. 1859, 6-21-15). 6-213. City Physician appointment. (The appointment of a City Physician is authorized by Sec. 15, Ord. 2216, see Sec. 20 315.) 6-214. City Engineer; Sanitary and Health Officer; offices • combined. That the Director of.Public Service who is ex-officio 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' (§ 31, Ord. 2423, 1-21-22). •6-215. 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 employes shall be under Ch. 6,Art. 2] City Officers, Boards and Commissions. Duties of 83 City Officers. the immediate direction of said Street Commissioner, with the right in him, subject to the provisions of this ordinance, to em- ploy and discharge all laborers and employes in his department. It shall be his general duty to keep the streets, alleys, sidewalks, bridges, viaducts and culverts clean and in good repair 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 complete 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 transactions 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 possession belonging to the city (§ 1, Ord. 1717, 6-16-13). 6-216. 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 mechanical order and repair all motor • equipmen •belonging to and used by the City of Salina, including the equipment of the Fire Department, Street Department, Park Department and Police'Department and such other equipment as may he 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 Mechanic, who shall hold his office at the pleasure of the City Manager and shall. he paid such salary, as may now or hereafter be provided by ordinance (j 1, Ord. 3061, 1-5-1925). 6-217. Office of Mechanic in Fire Department abolished. From and after the taking effect of this ordinance the office of Mechanic in the Fire Department shall be abolished (§ 2, .Ord. 3061, 1-5-1925).' 6-218. 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 adjacent thereto, and perform such other duties as may be assigned to him from time to time ( 1, Ord. 2412, 11-16-21). 6-219. 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 • • 'S4 City Officers, Boards 'and Commissions. Salaries [Ch. 6, Art. 3 of City Officers. be to take the proper care 'of said grounds, as may be directed by, the Public Health Committee of the City of Salina, provided, however, such caretaker shall not be appointed for any specified term (§ 1, Ord. 2363, 12-9-1920). • ARTICLE 3.—SALARIES OF CITY OFFICERS. . 6-301. Wages and salaries paid semi-monthly. That the wages and salaries of all officers and employees of the City of Salina, Kansas shall be paid semi-monthly (§ I, Ord. 2127, 12- 29-17). • 6-302. Salaries of certain officers and employees. That the salaries and compensations of the various officers and em- ployees of the City of Salina, Kansas, from and after the 1st day Of January, 1924, shall be as follows, payable semi-monthly: . The City Manager, shall feceive the sum of $5,000.00 per annum. City Clerk, $2,000.00 per annum. City Treasurer, $400.00 per annum. . Caretaker of Dump Grounds, $480.00 per annum, which shall be in full compensation for all services rendered. • Building Custodian shall receive $1,200.00 per annum, which shall be in full compensation for all services rendered. The City Engineer and Sanitary and Health Officer shall receive $3,000.00 per annum; Helper $4.00 per day, which shall he in full compensation for all services rendered. The Superintendent, of Parks shall receive the sum of $1,- 200.00 per annum, which shall be in full compensation for his services. The Custodian and Stage Manager of Memorial Hall shall receive the sum of $1,500.00 per year which shall be in full com- pensation for his services. 6-303. Salaries of other officers and employees. That from and after January. 1, 1925, the salaries and compensation of the several officers and employees of the City of Salina, Kansas, .as hereafter mentioned, shall be as follows, to-wit: The City Bookkeeper shall receive the sum of $1,440.00 per annum. • • The City Manager's Stenographer shall receive the sum of $1,200.00 per annum. The Superintendent of Streets shall receive the sum of $1,- 500.00 per annum. • • All salaries above mentioned shall be in full compensation for all services rendered by such officers and employees (§ 1, Ord. 3060, 1-5-1925). • • Ch. 6,Art. 3] City Officers, .Boards and Commissions. -Salaries Sa of City Officers. • 6-304. Salary of City Attorney. That from and after June 15th, 1917, the salary of the City Attorney of the City of Salina,. shall be $1,500.00 per annum, payable monthly as other claims against the city are payable, which shall be in full compensa- tion for his services, provided, however, that for all, business and cases outside of Saline County, Kansas, conducted by him, he shall • be allowed reasonable compensation, to be agreed upon by the Mayor and Council before such services are performed (§ 5, Ord. 1859 and § 1, Ord. 2057, 6-30-17). 6-305. Salary of Police Judge. That the salary of the Police Judge of the City of Salina, Kansas shall,be the sum of $900.00 per annum, payable semi-monthly, which shall be in full compensation for his services, such salary to be paid out of the , General Fund of said city, as other claims, are payable (§ 1, Ord. 2155, 2-22-1918). 6-306. Justice of the Peace act as Police Judge, salary deducted. In event of a Justice of the Peace being called to act as Police Judge, the compensation of such Justice of the Peace shall be,deducted from the salary of the Police Judge, but shall not exceed the salary of the Police Judge for such period (§ 2, Ord. 2155, 2-22-18). 6-307. . Salaries of Police Department. The Chief of Police shall receive $1,600.00 per annum; the Assistant Chief of Police $1,560.00 per annum and all other police officers, includ- ing patrolmen, plain clothes men and desk sergeants, excepting Motorcycle Police shall he paid in accordance with the following schedule, to-wit: For the first 6 months of their employment such officers • shall receive a salary of from $80.00 per month to $100.00 per month, depending upon their experience and fitness for the posi- tion, the amount of such salary for said first 6 months to he de- • termined by the City:Manager. After the first 6 months of their emplovthent, if their service has been satisfactory and they are retained on the Police Force, every such officer shall be entitled to an increase in salary, over and above the amount being paid to such officer at the end of his first 6 months period in accordance with the following schedule, to-wit: For an officer who shall be receiving a salary at the end of his first 6 months of $80.00 per month, such salary shall be for the second 6 months, $90.00 per month; for the third 6 months, . $100.00 per month; for the fourth 6 months $110.00 per. month for the fifth .6 months $115.00 per month and thereafter at the rate of $120.00 per month. For an officer whose salary at the end of the first 6 months is $90.00 per month such salary shall be for the second 6 months • 86 . City Officers, Boards and Commissions. Salaries [Ch. 6, Art. of City Officers. $100.00 per month; for the third 6 months $110.00 per month, for • the fourth 6 months $115.00 per month and thereafter at the rate of $120.00 per month. For an officer salary at the end of the first 6 months is $100.00 per month, his salary shall be for the second 6 months. $110.00 per month; for the third 6 months $115.00 per month and thereafter at the rate of $120.00 per month. Provided however, that the rate of payment above provided, and an increase in payment, therein mentioned shall take effect . only when a police officer shall have been in the continuous eni- ploy of the Police Department of the City of Salina for a period which would entitle him to such an increase, and provided further, that such schedule 'shall not be held to reduce the salary of any police officer now in the employ of the Police Department, but that the salary now paid to each officer shall remain in effect until such officer shall be entitled to an increase, based upon the length• of time that such officer has been in the continuous service of the Police Department in accordance with the schedule herein pro- •vided for officers commencing at the rate of $80.00 per month, and provided further that nothing in this ordinance shall affect or change the salaries now being paid the Chief of •Police, the Assistant Chief of Police or the Motorcycle Police now employed by the Police Department (§ I, Ord. 2906 and § 1, Ord. 2919 and § 1, Ord. 2968, 5-1924), 6-308. Salaries of Fire Department. The Chief of the• Fire Department shall receive $1,680.00 per annum; the Assistant Chief of the Fire Department, $1,260.00 per annum; Mechanics $1,320.00 per annum. and the salary of all other firemen em- . . ployed by the Fire Department shall be as follows: For the first 6 months of their employment $90.00 per month; for the next 6 months $100.00 per month. At the end of• 1 year and for the succeeding 6 months, $110,00 per month and thereafter an additional $5.00 per month shall -be added for , each additional 6 months of employment until a salary of any such fireman shall have reached $125.00, per ,month: after which such salary shall continue at the rate of $125.00 per month, Provided However, that nothing herein provided shall reduce the present salary of any fireman and provided further that the increase herein provided for shall not take effect as to firemen now in service until January 1st, 1925; at which time every fireman now in the employ of the Fire Department shall have his salary in- creased in accordance with the schedule herein provided, based upon the continuous length of the employment of such firemen at that date, from and after January, 1, .1.924 (§ 1, Ord. 2906 and -§ 2, Ord, 2919, 2-24-24). - • • Ch. 6,Art. 4] 1 City Officers, Boards and Commissions. City 8i Planning Commission. 6-309. Salary of Building Inspector. There shall be paid to the Building Inspector of said city, as a salary, the sum of $150.00 per month and such Inspector shall devote all of his time to the duties of said position (§ 6, Ord. 2908, 12-28-1923). 6-31.0. Salary of City Mechanic. From and after January ' 1, 1925, the salary of the City Mechanic shall be $1,470.00 per annum, which shall be in full compensation for his services (§ 3, Ord. 3061, 1-5-1925). ARTICLE 4.—CITY PLANNING COMMISSTON. • Ordinance No. 3083. An Ordinance creating a City Planning Commission for the City of Salina, providing for the appointment of the members of, and defining the duties of such Commission, providing for • the approval by such Commission of all plats or replats of lands or additions in or adjoining the City of Salina; and repealing all ordinances or parts of ordinances in conflict herewith. • Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: 6-401. City Planning Commission created. § 1. That there be and there is hereby created a Commission to be known as the City Planning Commission of the City of Salina. 6-402. Members of Commission; appointment. § 2. The City' Planning Commission shall consist of 7 members, all of whom; shall !be'•tax'payers.and residents of the City of Salina ai d'shall be Appetinted by the Mayor and with the consent of the Board of Commissioners. 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 any one 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 compensa- tion and shall perform the duties and have the powers herein- after 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 here- by created until the expiration of the terms for which they were heretofore appointed. 6-403. Organization of Commission. §'3, The members • of the City Planning Commission shall meet at least once a month at.such time and place as they may fix by resolution. They shall select one of their number as Chairman and one as Vice- • • 88 City Officers; Boards and Commissions. City [Ch. 6, Art. 4 Planning Commission. Chairman, who shall serve one year, or until their successors have been selected. Special meetings may be called at any time by the Chairman or in his absence by the Vice-Chairman. A majority of the Commission shall constitute a quorum for the transaction of business. The Commission shall cause a proper record to be kept of its proceedings. • 6-404. Duties. Of Commission. § 4. The Powers and duties of the Commission shall be to make.plans and maps of the whole or any portion of the City of Salina and of any land out- side 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, alleys, ways, viaducts, bridges, sub-ways, park-ways, parks, playgrounds or any other public ground or public improve- ment and the removal, relocation, widening or extension of such Public works then existing with a view to the systematic planning of the municipality, and the Commission shall'make recommenda- tions to the Board of Commissioners of:the City of Salina con- cerning the location of streets, transportation and communication facilities, public buildings and grounds and 'other civic improve- ments and matters affecting the appearance of the City; and shall make such recommendations as they deem proper relative to any matters concerning the location 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 municipality or any portion.there- . of, such plan or plans shall be submitted to the Board of Coni- •missioners for their consideration and .action. 6-405. .Plats and additions submitted to Commission. .§ 5. All maps, plats or re-plats of land laid out in building lots, -.and the streets, alleys or other portions 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 recom- mendations, and shall then be submitted to the Board of Com- missioners of the City of Salina for .the official consideration ana - 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- Ch. 6, Art. 4] City Officers, Boards and Commissions. City Sf1 Planning Commission. ance with the requirements of Sections 12-705 and 13-1413, of the Revised Statutes of Kansas, 1923. 6-406. Plats approved by Board of Commissioners; filed with Register of Deeds. § 6. Any person or corporation de- -siring to subdivide any tract of land' within or touching the bound- ary 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 submit 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 dedication 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 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 section of this ordinance. No.plat or any land of which the streets 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 Cominission- ers approved, or if any reservation is made by The grantor in any street, alley or public ground contained in any such plat. 6-407: City open streets; plats illegal. § 7. ' 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- missioners Of the City of Salina, to open' any street Or alley through.such land, which may conform to the streets or alleys • adjoining such plat, and ih opening any such street such plat shall be regarded as' not having been filed, and the owners of the prop- erty through which such' streets of 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. 6-408. Conflicting ordinances repealed. §.8. That 'all 'ordinances or 'parts of ordinance in conflict with the provisions of this ordinance be and the same are hereby repealed. ' 6-409. Take 'effect. '§ 9: This ordinance shall take effect and be in'force from and after its publication once in the Book of 'Revised Ordinances of the' City of Salina. - ' • -Iittroduced 'for 'first reading, February 16th, 1925. Passed and approved, March 2nd, 1925. (Seal) J:S. HARGETT, Mayor. Attest: CHAS F. BANKER, City Clerk. • 90 • City Officers. Boards and Commissions. - Trustees [Ch. 6,Art. E of Memorial Hall. • ARTICLE 5.—TRUSTEES OF MEMORIAL HALL. • Ordinance No. 3084. • . An Ordinance creating a Board of Trustees for. the Salina Memo- rial Hall, providing for the appointment of the members thereof, defining the duties of such Trustees and repealing all ordinances or parts thereof in conflict with the terms of this ordinance. Be it Ordained•by. the Board of Commissioners of the City_ of Salina, Kansas: 6-501. Memorial Hall .Trustees• •Board created. § 1. • `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 'appointed by the Mayor of the City of Salina. Said Trustees shall 'be •residents of the City of Salina, each of whom shall be ap- pointed for the term of ithree'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 appointed 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, resignation 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 with- out compensation and shall make annual reports and reconimenda- -tions to the ',Board of. Commissioners' of the' City of Salina, re- 'specting the management_ and•use of said building and the needs 'thereof. • 6=502. Powers and'duties of Board: § 2. That the Board 'of'Trusfees•shalt have sole charge and management of said Salina Memorial Hall and shall have authority to lease all or any part of said building'for hire to 'any person•of persons desiring to lease • the same and to fix the rate and terms'upon-which the charge shall be made and collected therefor, and to make such provisions for the use of said building as they may deem necessary and proper. • . 6-503. Income; tax levy. § 3. That all of the income re- . ceived and derived from the use of said hall shall be paid by said Board into.the City TreaMury of the City of Salina to be kept in a fund to be known as the Memorial Hall Fund, and all expenses • • • Ch. 6,Art. 6] City Officers, Boards and Commissions. 91 Library Board. of maintenance and other expenses in connection with said Me- morial Hall shall be paid out of such fund, on vouchers approved . by the Chairman of said Board and duly appropriated by Ordi- nance, and the Board of Commissioners may annually levy a-tax of not more than 1/10 of one mill to take care of the expenses and maintenance of such Memorial Hall not provided by the in- come from such Hall. 6-504. Conflicting ordinances repealed. § 4. That all ordinances or -parts thereof in conflict with the terms of this ordi- nance be and the same are hereby repealed. 6-505. Take effect. § 5. This ordinance shall take effect - and be in full force from and after its publication in the Book of Revised Ordinances of the City of Salina. Introduced for first reading, February 16th, 1925. Passed and approved, March 2nd, 1925. • (Seal) J. S. HARGETT, tl-favor. Attest: CnAS. E. BANKER, CitY Clerk. ARTICLE 6.—LIBRARY BOARD. • Ordinance No. 3085. - An Ordinance creating a Board to he known as the Directors of the Salina Free Public Library, defining the duties of such Board, providing for the appointment of the mem- bers thereof and repealing all other ordinances or-parts there- of in conflict herewith. - Whereas, the City of Salina has heretofore, in the manner provided by law, and by gift, acquired a free public library build- ing together with the necessary equipment and books therefor, Now, therefore, Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: 6-601. Library Board created; appointment; terms. § 1. That there be and there is hereby created a. Board to be known as the Directors of the Salina ,Free Public Library, consist- ing 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 appointed by the.Mayor by and with the approval of the Board of Commis- sioners, all of said members 'to be chosen from the residents of the City of Salina at iarge, 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 • • • City Officers, Boards and Commissions. [Ch. 6,Art. 6 Library Board. Board of Directors 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. Upon•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 ap- pointed, 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 without compensation. 6-602. Duties of Board; expenditures; treasurer. §2. Such Board shall effect their own organization and-elect officers from their own members, and shall adopt such bylaws and rules for their own guidance 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 full and comp]'ete'charge and supervision of the Library and all of the buildings, grounds and rooms set apart for that pur- pose,'and shall have all such other and further duties as may be provided for •such. Board by' the laws of the State of Kansas. They'shall have exclusive control of the expenditures of all mon- • eys 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 .froth 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 regtured 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. ' • 6-603. Tax levy. .§ 3. 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 taxa- tion, to be levied and collected in a like manner with the other taxes offi 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.Kansas provided. 6-604., - Conflicting- ordinances repealed.. ; 4. That all - other. ordinances• or parts of ordinances in conflict with the pro- visions of this ordinance be and-the.same .are hereby repealed. • • • • Ch. 6,Art. 7] City Officers, Boards and Commissions. 93 , • Cemetery Board. • 6-605. Take effect. § 5. This ordinance shall take effect • and be in full force from and after its publication in the Book• of Revised Ordinances of the City of Salina. Introduced for first reading, February 23, 1925. , Passed and approved, March 2, 1925. (Seal) J. S. IIARGETT, Mayor. Attest: CIHAS. E. BANKER, City Clerk. ARTICLE 7.—CEMETERY BOARD. Ordinance No. 3086. An Ordinance providing for the appointment of a Board of Directors of Gypsum Hill Cemetery Association, defining the • duties of the members of such Board and repealing all ordi- nances or parts of ordinances in conflict with the provisions of this ordinance. Whereas, the City of Salina has heretofore acquired, in the manner provided by law, all of the unsold land of the Gypsum • Hill Cemetery Association and has assumed complete control of the Gypsum Hill Cemetery, together with the control of all road-ways and parkings in and around said Cemetery, and Whereas, the management and control of the property and ' affairs of said Gypsum Hill Cemetery Association has heretofore been, in the manner provided by law, placed in charge of a Board of Directors to be appointed by the governing body of the City of Salina, now therefore, Be it Ordained by the Board of Commissioners of the City of - Saluaa, Kansas: - 6-701. Cemetery Board; powers and duties. § 1. That the Board of Directors of the Gypsum Hill Cemetery Associa- tion, 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 Quartet (NE%) •of Section Eighteen (18), Township Fourteen (.14), Range Three (3), Saline County, Kansas, be appointed 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 appointed in any one year, and who shall hold their offices for a period of three years from and after the date of their ap- pointment; 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, • • 94 City Limits. Boundaries Established. [Ch. 7,Art. 1 so that the terms of office of two of the present members shall expire on the 1st clay of January, 1926, two on the 1st day of • January, 1927 and two on the • 1st day of January, 1928, and that thereafter the governing body of the City of Salina shall • annually before January first of each year appoint two members of such Board, to hold office for a term of three years from and after the 1st day of January following such appointment; and provided further that vacancies caused by the death, resignation or other disability of any member shall be filled for the unexpired term only. Such members shall serve without compensation, shall effect their own organization and elect their own officers, shall have the sole control and management of said Cemetery, and shall • . have all of the authority conferred upon them by the laws or 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 by- laws and rules for their own government and the government of said Cemetery as may be necessary. ' 6-702. . Conflicting ordinances repealed. § 2. That all ordinances or parts thereof in conflict with the provisions of this , ordinance be and the same are hereby repealed. 6-703. Take effect. •§ 3. This ordinance shall take effect and be in full force from and after its publication once in the Book of Revised Ordinances of the City of Salina. Introduced for first reading, February 23rd, 1925. . Passed and approved, March 2nd, 1925. • (Seal) J. S. HARGETT, Mayor, Attest: CHAS F. BANKER, City Clerk. CHAPTER 7.—CITY LIMITS. Article 1.—Boundaries Established.-7-101 to 7-103. • 2.—Ordinances Extending Limits.-7-701 to 7-287. ARTICLE 1.—BOUNDARIES ESTABLISHED.. • Ordinance No. 3073. An Ordinance defining and establishing corporate the boundaries • . and limits of the City of Salina, Kansas. Be it Ordained by the Board 'of Commissioners of the City of Salina, Kansas: 7401. City limits defined. § 1. That the corporate boundaries of the'City of Salina are hereby defined as hereinafter. in this section set forth, and that all of the land lying within the • • • Ch. 7,Art. 1] City Limits, Boundaries Established. en boundaries so defined be and the same is hereby declared to be within the corporate limits of the City of Salina, Kansas, such . boundaries or corporate limits being as follows, to.-wit: • Commencing at the point of intersection of the center of Ninth Street with •the center of Cloud Avenue, being the corner of Sections 23, 24, 25 and 26, Township 14 South, Range 3 West of the 6th P. M. in Saline County, Kansas; •thence north along the west line of said Section 24 to the point of intersection of said line with the south line of Jewell Avenue in 1-Iighland Court Ad-. dition, being the south line of the North Half of the South-east Quarter of Section 23, Township 14, Range 3; thence west along the south line of Highland Court Addition to the point of inter- section of said line with the east line of the right-of-way of the Missouri Pacific Railroad Company, being the west line of High- land Court Addition: thence north along the east line of said railroad right-of-way to •the point of intersection of said line with the center line; running east and west, of said Section 23; thence east along said center line of said Section 23, being the north line of Highland Court Addition, to a point 1130 feet west of the south-east 'corner of the Northeast Quarter of said Sec- tion 23; thence north along a line parallel with and 1130 feet west of the east line of said Section 23, 2642 feet to a point in the north line of said Section 23; thence west along the north line of said Section 23, being the south. line of South Park Addition, • • to the west line of the North-east Quarter of said Section 23, be- ing the west line of South Park Addition; thence north along'the • west line of the South-east Quarter of Section 14, Township 14, Range 3 to the South-east corner of Leavenworth Addition; thence west along the south line of Leavenworth Addition to the point of intersection of said line with the west line of Leavenworth Addi- tion; thence north along the west line of Leavenworth Addition to• the point of intersection of said line with the center line of State Street, being the north line of said Section 14; thence east along the north line of said Section 14 to the point of intersection of said line with the center of the channel of Dry Creek; thence in • a northerly direction down the center of said creek to the point of intersection of said line with the center line of North Street, being the north line of Chicago Addition and the center line of Section • 11, Township 14, Range 3; thence east along said center line of Section 11 to the point of intersection of said line with. the west line of North Park Addition; thence north along the west line of • North Park Addition to the center of the channel of Dry' Creek; thence in a northerly direction down the center of the channel of Dry Creek•to the intersection of the center of said channel with the north'line, extended west, of Grand Avenue, being the north • . line of said North Park Addition; thence east along said north line • 96 City 'Limits. Boundaries Established. [Ch. 7, Art. I of Grand Avenue to the point of intersection thereof with the west line of Pacific Addition, being the west line of the North- east Quarter of the North-east Quarter of Section 11, Township 14, Range 3; thence north along said line, in Thirteenth Street, to the point of intersection of said line with the north line or Pacific Addition, being the north line of said Section 11; thence east along said north line of Section 11, in Pacific Avenue, to the point of intersection of said line with the south=westerly line; ex-; tended,south-easterly, of Lots 1, 3 and 5 of Block 32 in Military Addition; thence north-westerly along said line and along the west line.of Lots 7 and 9 of said Block 32, being the westerly bound- ary of said Block 32 in Military Addition, to the north-west con.. ner of said Lot 9 in Block 32; thence clue West 40 feet to a point; thence due North 132 feet to a point; thence due east 170 feet to East line of alley in Block 32; thence due north to the north line of Harsh Avenue in Military Addition; thence east along the north line of Harsh Avenue to the point of intersection of said line with the west line of Twelfth Street in Military Addi-, tion; thence north along the west line of Twelfth Street to the point of intersection of said line with the south-westerly line of . the abandoned railroad tight-of-way running through said Mili- tary Addition; thence east to a point in said abandoned railroad right-of-way clue south of the intersection of the north-easterly line of said abandoned railroad right-of-way with the South line • of Antrim Avenue; thence north through said point of intersection • to the North line of Antrim Avenue, in said Addition; thence east along the north line of Antrim Avenue to the intersection of said line with the west line of Eleventh Street in Military Addition; thence north along •the west line of Eleventh Street and along said line, extended north through Tucker Park,. to the intersec-, tion of 'said line with the center line of Euclid Avenue, being the center line running east and west of Section 1, Township 14, Range 3; thence east along the center line of Euclid Avenue and of said Section 1 to,the point of intersection of said line with • the east line, extended north, of Block 27, Episcopal Military In- stitute' Addition: thence south along the east lines, and such lines extended, of Blocks -27, 19, 18, 7 and 6 in Episcopal Military Institute Addition to the point of intersection of said line with the center line of Pacific Avenue, being the south line of said Section 1; thence east along the center line of Pacific Avenue to the point " of intersection of said lihe with the center line' of Front Street, extended north, being the center line of Section 12. Township 14. • Range 3; thence south along said center line to the intersection of said line with the south line 'of the- main line right-of-way of the 'Union Pacific Railroad Company; thence north-easterly • • • Ch. 7, Art. 11 City Limits. _ Boundaries Established.. A7 along the southerly line of said railroad right-of-way to the point of intersection of said line with the east line of Section 12, Town- , ship 14, Rahge 3; thence south along said east line of Section • 12, being the center line of Ohio Avenue to the intersection of• said line with the northerly line of the main line right-of-way of the Missouri Pacific Railroad Company;, thence south-westerly along the northerly line of said railroad' right-of-way to the point of intersection of said line with the center line of 'North Street, being a point 123 feet west of the intersection of the center line' of said railroad right-of-way with the center line, running east and west of said Section 12; thence east along the center line of said Section 12, being the center line of North Street to the intersection of said line with the center line of Ohio Avenue, be- ing the east line of Section 12; thence south along 'said line to • the point of intersection of said line with the center of the channel of the Smoky Hill River; thence south-easterly down the center of the•channel of -said river to the point of intersection of said center line with the east line, extended north, of Delaware Ave- nue, such point being the north-east corner of Fruitland Addition; thence south along the east line of Delaware Avenue; being the east line of Fruitland Addition, to the intersection of said line with the center line of Iron Avenue; thence east along the center • line of Iron Avenue to the intersection of Said line with the east line, extended north, of Delaware Avenue in Phillips East Sa- lina Addition, thence south along the east line of Delaware Ave- ,nue in said Addition to the center line of Gypsum Avenue; thence westerly along the center line of Gypsum Avenue to the intersec- tion of said line with the east line of Section 13, Township 14, Range 3; thence south 35 feet; thence westerly along the south line of Gypsum Avenue to the east line of Kansas Avenue in Oak- dale Addition; thence south along said east line of Kansas Ave- nue to the intersection of said line with the center of the channel of the Smoky Hill River; thence easterly, southerly and westerly up the center of the channel'of the Smoky I-Iill River to the inter- section of the center line of said channel with the center line, extended north, of Front Street, being the east line, extended north, of Van Trine's Addition; thence south along the center line of Front Street, being the. east line of said Van Trine's Addition, to the intersection of said line with the north line of Crawford Street; thence east•along said line to,the north-east corner of Wells Addition; thence south along the east line, of Wells Addition to the south-east corner of said addition; thence west along' the.south line of Wells Addition to the intersection of said line with the west line of the Northeast Quarter of Section 24, being the center line of,Front Street;'thence South along said line to the intersec- tion of said line with the center line of Republic Avenue, being 98 City Limits. Ordinances Extending City Limits. [Ch. 7, Art. 2 the center line running east and west of Section 24, Township 14, Range 3; thence east along said line, being the north line of the Addition to the Grounds of the Kansas Wesleyan University, to the intersection of said line with the east line of Decatur Street, being the north-east corner of said last named addition; .thence south along the east line of Decatur Street, being the east line of said Addition, to the intersection of said line with the center line of Cloud Avenue, being the south-east corner of said addition; thence west along the center line of Cloud Avenue, being the south line of said Section 24 to the intersection of said line with the center line of Ninth Street, being the point of beginning. 7-102. • Reference to additions. § 2. ,That all references in this ordinance to any addition be deemed to refer to and•that the same does refer to such addition as originally platted and as the certificate of the same is recorded in the office of the Register of Deeds of Saline County, Kansas. • 7-103. Take effect. § 3. That this ordinance shall take effect and he in force from and after its publication in the Book of Revised Ordinances of the City of Salina, Kansas. Introduced for first reading, February 2, 1925. Passed and approved, February 23, 1925. (Seal) J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 2.—ORDINANCES EXTENDING CITY LIMITS. (Included only by reference to ordinance numbers and dates.) 7-201. Original townsite. The original townsite of the City of Salina consists of the Southwest quarter of Section 12, and the Northwest quarter of Section 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 a part of the Town•of Salina and within the corporate limits thereof all additions previously platted and recorded in the office • 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 &-Willianms Addition and Hugger & Bishops Reserve. • Ch. 7,Art. 2] City Limits. Ordinances Extending City Limits. . •DE 7-203. Atherton &. Phillips Addition. The land later platted as Atherton & Phillips Addition was included in the terri- tory incorporated in the City Limits by Sec. 1, Ord. 553; May 25th, 1887. 7-204. The Addition to the Kansas Wesleyan University Grounds, according to plat recorded in the office of Register of Deeds of Saline County on February 2, 1889, incorporated in City Limits, Sec. 25, Ord: 610; Nov. 10, 1887. 7-205. Beebes Addition. Incorporated in the City Limits by Ordinance No. 247, December 17th, 1878. 7-206. Berg Addition. The land later platted as such addi- tion was incorporated in the City Limits; Sec. 6, Ord. 620; Jan. 16th, 1888. 7-207. Berks Addition. Incorporated in the City Limits by Ord. No. 250, January 20th, 1879. • 7-208. Bishop and Blodgett's Addition, according to plat recorded in office of Register of Deeds of Saline County on Aug. 7th, 1874, incorporated in City Limits, Ord. 131; Aug. 13, 1874. 7-209. Bond's Addition, according to plat recorded in office of Register of Deeds, Dec. 9, 1886, incorporated in City Limits; Sec. 9, Ord. 522; Dec. 23, 1886. 7-210. Braniff & Cravens Addition, according to plat recorded in the office of the Register of Deeds of Saline County on March 28th, 1887, incorporated in City Limits, Sec. 9, Ord. 610; Nova 10, 1887. 7-211. Braniff & Cravens Addition, as incorporated within the City Limits by Sec. 9, of Ord. 610; which was attempted to be vacated by Chapter 276 Laws of Kansas, 1897, said attempted= vacation being illegal and void, determined to be a part of and within the corporate limits of the City of Salina, Sec. 1, Ord. 1690; Nov. 18th, 1912. 7-212. Bristol's Addition, according to plat recorded in office of Register of Deeds of Saline County on Dec. 3, 1886, incorporated in City Limits, Sec. 2, Ord. 610; Nov. 10, 1887. 7-213. Carroll's Addition, according to plat recorded in office of Register of Deeds of Saline County, incorporated in City Limits, Ord. 96; April 17th, 1873. 7-214. Chicago Addition, according to plat recorded in office of Register of Deeds of Saline County on January 18, 1887, incorporated in City Limits, Sec. 13, Ord. 610; Nov. 10, 1887. • 100 . City Limits. Ordinances Extending City Limits. [Ch. 7,Art. 2 7-215. College View Addition, formerly known as Plat "F," according to plat recorded in office of Register of Deeds of Saline County, incorporated in City Limits, Ord. 2316, Jan. 24. 1920. 7-216. Derringtons Addition. The land later platted as Derringtons Addition was included in the land added to the City Limits by Ordinance No. 253, February 24th, 1879. 7-217. East Gardens Addition. The land platted as East Gardens was included in the tract incorporated in City Limits by Sec. 2, Ord. 579; July 15th, 1887. 7-218. Eberhardt's Addition, according to plat recorded in office of Register of Deeds of Saline County on June 22, 1887, incorporated in City Limits, Sec. 18, Ord. 610; Nov. 10, 1887. 7-219. Episcopal Military Institute Addition, according to the plat filed in the office of the Register of Deeds in Saline County on.December 21st, 1887, incorporated within the City Limits of Salina, Ord. 726; Nov. 28th, 1889. 7-220; Elmdale Addition, according to plat recorded in office of Register of Deeds of Saline County on April 5, 1887, incorporated in City Limits, Sec. 8, Ord. 610; Nov. 10, 1887 (all that part west of Dry Creek was vacated by resolution of the City Council and Order of Board of County Commissioners).. 7-221. Ernest & Rhodes Addition. The land later platted as Ernest & Rhodes Addition was included in the land added Co the City Limits by Ord. No. 253, February 24th, 1879. ' 7-222. Fruitland Addition, according to plat recorded in office of. Register of Deeds of Saline County on March 14, 1887, incorporated in City Limits, Sec. 11, Ordinance 610; Nov. 10, 1 887. 7-223. Geis' Addition, according to plat recorded in office of Register of Deeds of Saline County, incorporated in City Limits, Ord. 138; Oct. 8. 1874. 7-224. Glenniffer Hill Addition, according to plat recorded in office of Register of Deeds of Saline County on June 16. 1887, incorporated in City Limits, Sec. 16, Ord.. 610; Nov. 10, 1887. 7-225. Grounds of the Kansas Wesleyan University, ac- cording to plat recorded in office of Register of Deeds, incorporat- ed in City Limits, Ord. 526; Feb. 21, 1887. 7-226. Hoffa's Addition, according to plat recorded in office of Register of Deeds of Saline County on Sept. 29, 1886, incor- porated in City Limits, Sec. 1, Ord. 610; Nov. 10. 1887. 7-227. Hudson's Addition, according to plat recorded in office of Register of Deeds of Saline County on May 14, 1887, incorporated in City Limits, Sec. 14, Ord. 610; Nov. 10, 1887. • Ch. 7,Art. 21 City Limits. Ordinances Extending City Limits. 101 7-228: Highland Court Addition, including that portion later deeded to the City of Salina for a city park, incorporated in the City Limits by Ordinance No. 2188, June 3rd, 1918. 7-229. Hol lands Addition. Incorporated in the City Limits by Ordinance No. 323, February 24th, 1881. 7-230. Hughes Addition, according to plat recorded in office of Register of Deeds of Saline County on March 2, 1887, incor- porated in City Limits, Sec. 5, Ord. 610; Nov. 10,-1887. 7-231. Hutchinson's Addition, according to plat recorded • in office of Register of Deeds of Saline County on July 22, 1887, incorporated in City Limits, Sec. 21, Ord. 610: Nov. 10, 1887. , 7-232. Kansas Wesleyan University Grounds, The Addi- tion to, according to plat recorded Feb. 2, 1889, Sec. 25, Ord. 610; Nov. 10, 1887. 7-233. Kansas Wesleyan University, Grounds of, accord- ing to recorded' plat, incorporated in City Limits, Ord, 526, Feb. 21; 1887. • 7-234._ Kenwood Park, according to plat recorded in office of Register of Deeds of Saline County, incorporated in City Limits, Ord. 2217; Oct. 12, 1918. • 7-235. Leavenworth Addition, according to plat recorded i❑ office of Register of Deeds of Saline County on Feb. 9, 1887, incorporated in City Limits, Sec. 7, Ord. 610; Nov. 10, 1887. 7-236. Lill Addition. The land later platted as Lill Addi- tion was included in the territory incorporated in the City Limits by Sec. 1, Ord. 533; May 25th, 1887. 7-237. Logan Addition, according to plat recorded in office • • of Register of. Deeds of Saline County on June 29, 1887, incor- porated in City Limits, Sec. 19, Ord. 610; Nov. 10, 1887. 7-238. Lunkenheimer's Addition, according to plat recorded in office of Register of Deeds of Saline County on June .18, 1887, incorporated in City Limits, Sec. 4, Ord. 610; Nov. 10, 1887. 7-239. Maple Grove Addition. The land later platted as Maple Grove Addition was included in the land added to the City Limits by Ordinance No. 253; February 24th, 1879. 7-240., The Military Addition, according to plat recorded in office of Register. of Deeds of Saline County on Sept. 26, 1887, incorporated in City Limits, Sec. 24, Ord. 610; Nov. 10, , 1,887 -(parts of this addition were vacated' at various times, for a:reference to which see the several notes on the original plat in the • office of the Register of deeds, and Resolution' passed by City Council passed Feb. 17, 1913. Part of vacated portion was later platted as Tucker Park and Episcopal Military Institute Addition). • • • 102 City Limits. Ordinances Extending City Limits. [Ch. 7, Art. 2 • 7-241: Morris' Addition, according to plat recorded in office of Register of Deeds, Feb: 28, 1887, incorporated in the City Limits, Sec. 1, Ord. 579; July 15, 1887. • 7-242. Morrison's Addition, according to plat recorded in office of Register of Deeds, June 12, 1885, incorporated in City Limits, Section 2, Ord. 522; December 23rd, 1886. That part of said addition lying between Ninth Street and the west line of 12th Street in Phillips 2nd Addition, extended south, was previously incorporated in the City Limits by Ord. 353, Feb. 24, 1889. 7-243. Morrison's Second Addition, according to plat recorded in office of Register of Deeds, November 6, 1886, in- corporated in City Limits, Sec. 7, Ord. 522; Dec. 23rd, 1886. 7-244. Morrison's 3rd Addition, according to plat recorded in office of Register of Deeds of Saline County on March 23, 1887, incorporated in City Limits, Sec. 12, Ord. 610; Nov. 10, 1887. 7-245. Neeley's Addition, according to plat recorded in office of Register of Deeds, Aug. 28, 1885, incorporated in City Limits, Sec. 3, Ord. 522; .Dec. 23rd, 1886. 7-246. North Park Addition, according to plat recorded in • office of Register of Deeds of Saline County on April 7th, 1887, incorporated in City Limits, Sec. 6, Ord. 610; Nov. 10, 1887. 7-247. Oakdale Park, that part of Oakdale Park not pre- viously included in corporate limits, incorporated in the City Limits, Sec. 2, Ord. 553: May 24, 1889. 7-248. Oakdale Addition. Incorporated in the City Limits by Ordinance No. 239, October 24th, 1878. 7-249. Pacific Addition, according to plat recorded in office of Register of Deeds, July 3, 1886, incorporated in City Limits, Sec. 10, Ord. 522: Dec. 23, 1886. 7-250. . Phillips East Salina Addition, according to plat recorded in office of Register of Deeds, incorporated in the City Limits, Ord. 554; May 24, 1887. All that portion of said ad- , dition lying East of the East boundary line of Delaware Avenue in the City of Salina, being now known as plats 7 and 8, excluded from the City Limits, Ord. 2271; July 12th, 1919. 7-251. Phillips 2nd Addition. Incorporated in the City Limits by Ordinance No. 254, February 24th, 1879. 7-252. Prescotts Addition. Incorporated in the .City Limits by Ordinance No. 323, February 24th, 1881. - 7-253. J. C. Rash & Sons Addition, according to plat record- ed in office of Register of Deeds of Saline County on March 16, • Ch. 7,Art. 2] City Limits. Ordinances Extending City Limits. 103 1887, incorporated in City Limits, Sec. 15, Ord. 610; Nov. 10, 1887. 7-254. Replat of Beebes 2nd Addition. Incorporated in the City Limits by Ordinance No. 323, February 24th, 1881. 7-255. Replat of Powers Addition. The land later platted as replat of Powers Addition was included in the land added to the City Limits by Ordinance No. 253, February 24th, 1879. 7-256. Riverside Addition, according to plat recorded in office of Register of Deeds, Dec. 9, 1886, incorporated in City Limits, Sec. 8, Ord. 522; Dec. 23rd, 1886. 7-257. Riverview Addition, according to plat recorded in office of Register of deeds of Saline County on May 1, 1887, in. corporated in City Limits, Sec. 23, Ord. 610; Nov. 10, 1887. 7-258. Santa Fe Park Addition. The land,later platted as such addition was incorporated in the City Limits by Sec. 3, Ord. 620; Jan. 16th, 1888. 7-259. Seitz Addition. The land later platted as Seitz Addition was included in the land added to the City Limits by Or- dinance No. 253, February 24th, 1879. 7-260. Smiths Addition. The land later platted as Smiths Addition was included in the land added to the. City Limits by Ordinance No. 253, February 24th, 1879. 7-261. Smith & Colvard's Addition, according to plat recorded in office of Register of Deeds, Oct. 19th, 1885, incor- • porated in City Limits, Sec. 1, Ord. 522; Dec. 23rd, 1886. 7-262. South Park Addition, according to plat recorded in office of Register of Deeds, July 3rd, 1886, incorporated in City Limits, Sec. 6, Ord. 522; Dec. 23rd, 1886. 7-263. Sunny Side Addition, according to plat recorded in office of Register of Deeds of Saline County on June 15, 1887, incorporated'in City Limits, 'Sec. 20, Ord. 610; Nov. 10. 1887. 7-264. Sweeneys Addition: The land later platted as "Sweeneys Addition was included in the land added to the City Limits by Ordinance No. 253, February 24th, 1879. 7-265. Tucker Park, according to plat recorded in the office of Register of Deeds of Saline County, being all that part of NE% of SE/ of Sec. 2-14-3, lying East of Dry Creek incor- porated in City Limits, Sec. 1, Ord. 2028, March 17th, 1917. By order of the County Commissioners entered June 4th, 1917, that part of Tucker Park described as Lots 13 and 14 in block 2 being all that part of Tucker Park lying West of the West line of 11th Street extended North and lying North of the South line of Antrim Street, extended West and lying East and South of Dry 1 0 City Limits. Ordinances Extending City Limits. [Ch. 7, Art. 2 Creek was excluded from the corporate limits of the City of Salina and vacated as a part of said Tucker Park. ' 7-266. University Addition. Incorporated in the City Limits by Ordinance No.- 436, February 24th, 1885. , • 7-267. Van Trine's Addition, according to plat recorded in office of Register of Deeds of Saline County on Jan. 18, 1887, incorporated in City Limits, Sec. 3, Ord. 610; Nov. 10, 1887. 7-268. Walker Addition. The land later platted as Walker Addition was included in the territory incorporated in the City• Limits by Sec. 1, Ord. 553; May 25th, 1887. 7-269. Weaver's Addition, according to plat recorded in office of Register of Deeds, May 11, 1886, incorporated in City Limits, Sec. 4, Ord. 522; Dec. 23rd, 1886. 7-270. Weavers 2nd Addition, according to plat recorded in office of Register of Deeds, May 11, .1886, incorporated in City Limits, Sec. .4, Ord. 522; Dec. 23rd, 1886. . 7-271. Wellington's Addition, according to plat recorded in office of Register of Deeds, June 19. 1886, incorporated in City Limits, Sec. 5, Ord. 522; Dec. 23rd, 1886. • 7c272. Wells Addition, according to plat recorded in office of Register of Deeds of Saline County on March 2, 1887, in- corporated in City Limits, Sec. 10, Ord. 610; Nov. 10, 1887. . -7-273. West Park Addition, according to plat recorded in office of Register of Deeds of Saline County on May 28, 1887, incorporated in City Limits, Sec. 17, Ord. 610; Nov. 10, 1887. - Vacated and excluded from the corporate boundaries of the City of Salina in compliance of judgment of the District Court of Saline County, recorded in Book F. page 211, Ord. 1360: Jan. 21st, 1907. 7-274. Wights Addition. The land later platted as Wights - Addition was included in the territory incorporated in the City Limits by Sec. 1, Ord. 553: May 25th, 1887. 7-275. Wilsons Addition, that part of said addition lying • between Park Street and Ash Street and between Eleventh Street and Thirteenth Street; incorporated in City Limits, Ord. 461 ; Sept. 11th, 1885. • 7-276. Wilson Addition, according to plat recorded in office of Register•of Deeds, Sept. 11, 1886, incorporated in City Limits. Sec. 11, Ord. 522; Dec. 23,.1886. 7-277. Woodland Addition. That part now in City Limits was originally platted as part of Jones Addition (Sec. 7-202),- Feb. 24, 1879. Ch. 7,Art. 2] City Limits. Ordinances Extending City Limits. .10.":. 7-278. Surveyors Plat A. The land later platted as Sur- veyors Plat A., was included in the land added to the City Limits by Ordinance No. 253, February 24th, 1879. 7-279. Surveyors Plat B. The land later platted as Sur- veyors Plat B., was included in the land added to the City Limits by Ordinance No. 253. 7-280. Surveyors Plat C. Lots one to sixteen inclusive of said plat are included in the territory incorporated in the City Limits by Sec. 2, Ord. 620; Jan. 16th, 1888. Lot 17 by Sec. 5 of same ordinance. 7-281. Surveyors Plat D. The land later included in this plat was incorporated in the City Limits by Ordinance No. 323, Feb. 24,. 1881. 7-282. Surveyors Plat E. The land included in the Sur- veyors Plat E., was incorporated in the City Limits, Sec. 4, Ord. 620; Jan. 16th, 1888. 7-283. Surveyors Plat F, part of which was replatted as College View Addition, incorporated in the City Limits, Ord. 2316, January 24, 1920. 7-284. Surveyors Plat G, the land later platted as Surveyors Plat G., was included in the territory incorporated in the City Limits by Sec. 1, Ord. 553; May 25th, 1887. 7-285. Plats 7 and 8, being that part of Phillips East Salina' _Addition lying East of the East line of Delaware Avenue excluded from the City Limits, Ord. 2271 ; July 12th, 1919. 7-286. Plat 10, except lots 13 and 14, incorporated in the City Limits, Ord. 2481, May 5, 1922. Part of this land has been since • replatted as Ninth Street plat part of West View Addition and Bachtold ,plat part of West View Addition. 7-287. Replat of Block 5, South Park Addition. A part of the land included in this replat described as commencing at - the Northeast corner of lot 5, block 5, South Park Addition; thence West 886 feet: thence North 96.6 feet; thence East 886 feet; thence South 100 feet to place of beginning, was included in the City Limits by Sec. 1 of Ord. 620, .Jan. 16th, 1888. ' • 106 - City Property. [Ch. 8 CHAPTER 8.—CITY PROPERTY. (The ordinances authorizing the purchase of property by the city are not set out in full, the description of the tracts of land . purchased and the ordinances authorizing such purchase being • included herein by reference only.) 8-101. City Hall and Fire Station property. Purchase 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 following • property; commencing at a point 2220 feet West of the SE corner of the SE%. 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, former- Iy block 42 and South % of block 35 of J. C. Rash &* Sons Addi- tion, authorized by Ordinance 1091, August 28th, 1921. 8-103. ' Voting place North Precinct Second Ward. . The purchase of lots 8-9 and 10, block 7 Calkins Addition authorized by ordinance 2006, December 4th, 1916. 8-104. Voting South 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 Fifth Ward. Purchase of West 60 feet of East 76 feet of South '4 of lot 21 on Ninth Street in • Prescotts Addition authorized by Ordinance 1996, October 16th, ' i 1916.. • 8-106. Lot 124 and the North 61/4 inches of Lot 126 on Fifth Street. This property now occupied by the Salina Street Department was acquired by the city by warranty deeds recorded in book' 0 of deeds, page 375'and book 82 of deeds, page 135. 8-107. Memorial Hall Grounds. Lots 1 to I1 inclusive 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. 8-108. Library Property. Lots 110 and 111 on Iron Ave- nue in the original Town of Salina were deeded to the directors of the free public library by warranty deed recorded in book 29 of deeds, page 379. • • • • Ch. 9] Fire'Department: 107 CHAPTER 9.—FIRE DEPARTMENT. • 9-101. Fire Department. The Fire Department of the City, • of Salina shall consist of a Fire Chief and as many regular Fire- men 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 . clay 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; Provided: that on every fifteenth clay, 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 clay and every fifteenth day thereafter, will remain on duty to • eight A. M. the following morning, but one force or platoon shall he 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 he 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 per- form all duties required 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 effir ciency of the service, and shall establish and enforce such. rules and regulations as he shall deem necessary; 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 04. Ord. 1480, 4-9-09). • 108 Fire Department. [Ch. 9 9-106. Chief in command at fires; Assistant Chief; ob- structing firemen; penalty. The Chief shall have full power, control and command over all persons' at fires, and shall station • . the engine and apparatus,-and see to it that all persons belonging to the Fire Deparement do the duties required of them by law and ordinance; and it shall be the duty of the Chief to direct at all fires all such measures as he shall deem most advisable for the extinguishment of said fire. In the absence of the Fire Chief the Assistant Chief or next higher officer in such Department shall command and be in control at such fire; and any person who shall hinder, obstruct or resist the person so in charge of any fire in the performance of his duties, 'shall be deemed guilty of a mis- demeanor and, upon conviction, punished by a fine not exceeding One Hundred Dollars (§ 7, 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 esti- mated value of the property placed at risk thereby, together with, the'supposed cause of each fire and the amount of insurance in- volved and the loss incurred. He shall also keep a record of all men employed in the Department, 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 department, together with any other records that may be necessary to show at any time the•workings and conditions of said department; and at the close of each fiscal year he shall make a report to the Mayor and.Coun- cil giving a summary of the work done by him and his Depart- ment and the expenses and general condition of said Department • (§ 8, Ord. 1480, 4-9-09). 9-108. Firemen; attend fires. All firemen, under the direc- tion 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 therefrom except by perniis- sionof such officer (§ 14, Ord. 1480, 4-9-09). 9-109. Cut down or- remove buildings, etc., to check flames. The Fire Department, may, under the direction of .the Chief, or in his absence, under the direction of the Assistant • Chief, cut down or remove any building, erection or fence for the purpose of checking the progress of any fire, every reasonable effort having been made to check the flames by other means (§ 15, Ord: 1480, 4-9-09). Ch. 91 Fire Department. 100 9-110. Fire guard; police; protection of property; keep idle away. At all fires the City Marshal, Assistant Marshal and Policemen shall act as a fire guard, under the control and direc- tion 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 absence, to store or other- wise to protect the same until it is claimed by the owner or owners. and upon such claim to deliver up such. property to the owner or owners upon the payment to the Chief of all expenses necessarily and actually incurred in and about the care and protection of such 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 possession 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 suspected 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 fireman or other person who at a fire shall refuse to obey the orders or directions given by the officer in charge, or who,shall resistor impede any officer or fireman iffi the proper discharge of his duty, shall, in the absence of a sufficient excuse; be deemed guilty of a misdemeanor and upon conviction thereof, be fined in any sum not exceeding $50.00 (§ 19, Ord. 1480, 4-9-09). 9-112. Property of. Fire Department; taking; penalty. 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 way by the Fire Department, and any person-who shall wil- fully injure in any manner any hose, fire engine, or other appar- atus, or any building containing the same belonging to the City of Salina shall upon conviction thereof be fined in any sum not exceeding $50.00 (S 20, Ord. 1480, 4-9-09). 9-113. Chief may require aid 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 Mayor, to re- . quire the aid of any horse or team found in the city at the time, in conveying any fire apparatus of any kind to any fire; and if, any person shall refuse or neglect to comply with such demand, he shall be liable to pay a fine not exceeding twenty-five dollars (S 22, Ord. 1480, 4-9-09). 110 Fire Prevention. General Regulations. [Ch. 10, Art. 1 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 proper 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 afore- said officers or any police officer may forthwith arrest without war- rant 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 more than one hundred dollars for. each offense (§ 24, Ord. 1480, 4-9-09). 9-116. Reference to Fire Marshal; reference to Fire Chief. , That whenever in any ordinance heretofore adopted by the Gov- erning Body of the City of Salina, Kansas, any reference is made to the Fire Marshal or Assistant Fire Marshal such reference shall be deemed to be and shall refer to the Chief of the Fire De- partment and to the Assistant Chief of the Fire Department re- spectively (§ 3, Ord. 3030, 9-15-24). CHAPTER 10.—FIRE PREVENTION. Article 1.—General Regulations.-10-101 to 10-117. 2.—Gasoline, Oils, etc.-10-201 to 10-214. ARTICLE 1.—GENERAL REGULATIONS. 10-101. Measures for prevention of fires; Chief inspect premises, give directions. It shall be the duty of the Fire Chief to adopt, in his discretion, all prudent measures for the preven- tion of fires, and for this purpose, he or his assistants may, when- ever he has reason to believe that the safety of property demands it, and as often as he may-deem proper, enter any buildings, yards, or premises in the City and examine the fire places, hearths, chim- neys, stoves, pipes, boilers, furnaces, heating pipes, lighting apply afces, or other apparatus liable to cause fire, also places where gunpowder, ashes, straw, hay, shavings, oil or other combustibles may be deposited, kepi or stored, and give such directions for the alteration, change, removal or better care or management of the same as he may deem proper, and stxh directions. shall be obeyed • Ch. 10,Art. 1] Fire Prevention. General Regulations. 111 and complied with by the persons directed in that regard, and at their expense (§ 9, Ord. 1480, 4-9-09). 10-102. Litter and trash in street, lots, etc.; remove 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 material; or for any' . - owner or occupant of such building or lot to permit any paper, shavings, litter, trash, old boxes, or any other combustible or in- flammable material to accumulate or remain in such alley or upon such lot for three (3) days after being requested 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 or burn all paper, shavings, litter, trash, old boxes or other combustible or inflammable material, and if such owner or occupant or occupants of such premises shall desire to destroy any such paper or shavings or like material by burning the same, he shall provide himself 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 fined in any • sum not less than five•nor more than one hundred dollars (§ 10,. Ord. 1480, 2-9-09). 10-103. Theatres; regulations. The Fire Chief shall have full right and authority to detail and place on duty, at' his discre- ,lion, one or two regular members Of his force within any theatre, lyceum, opera house, public ball or other place of amusement in the City of Salina, -vhere scenery, drop curtains, footlights and necessary stage fittings are used, during any performance therein. and shall require every precaution possible to be taken by the owner, manager, lessee, or employees, to prevent fire, and to guard the public from panic; and all persons shall comply with any such requirements made as aforesaid, and the Fire Chief, or his Assistant under his direction, when in the proper discharge of • their duties, shall have the right to enter any such theatre, lyceum, opera house, public hall oc place of amusement at any and all times. Every such theatre, lyceum, op-era house, public hall or place of amusement within-said City shall be supplied with a suffi- cient quantity of good, serviceable hose, with connections for the same with the City's water service, to enable all parts of the stage, • • 112 Fire Prevention. General Regulations. [Ch. 10, Art. 1 scenery or room or hall'to be reached properly in case of.fire, or; in lieu of such hose, not less than two chemical hand fire •ex- tinguishers, which shall be kept properly charged and in good working order at all tithes, and in plain view of the audience, and • said hose shall be kept and maintained at all times efficient, and • subject to the approval of the Fire Chief. • No camp stools, loose chairs or other obstructions shall be allowed ill 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). ' 10-104. 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 arrange- ment of such buildings, the modes of egress and ingress and any existing defects, in order that the workings of said Department may be facilitated in case of fire,-to-wit: School buildings, pub- - lic halls and theatres, manufacturing establishments, hotels; htisi- ness houses and warehouses (§, 12, Ord. 1480, 4-9-09). 10-105. Chief report violations and non-compliance 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-compliance 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 re- , lating to fire limits or fire precautions 13, Ord. 1480, 4-9-09). 10-106. Vehicles give-right of way to Fire Department; street cars; Fire Department sound gong. At every alarm of fire it shall he the duty of the owners or drivers of all animals, wagons, carriages or other vehicles in any street, avenue or alley, or upon any bridge, upon which the Fire Chief, or his Assistant,. is' approaching with any vehicle, hose carriage, hook and ladder t=uck or other -apparatus belonging to the Fire Department, to immediately yield the right of way to such officer or apparatus, of to move in such manner as not to.obstruct or delay them or either of them on their way to such fire: and all drivers, engineers and conductors of street or railway cars, when in the vicinity of any such Fire Department,.vehicle or apparatus, when the same is on its way to or on duty at any fire, shall so manage and control Ch. 10, Art. 1] Fire Prevention. General Regulations. 1111 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 dis- charge of its duties. The drivers of al] 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 con- tinue the same while enroute to the fire as constantly as the' public safety may require (§,16, Ord. 1480, 4-9-09). • 10-106a. Fire hydrants; obstructing. No person shall place or cause to be placed upon or about any fire hydrant any rub- bish, 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 hydrant (§ 17, Ord. 1480, 4-9-09). ' 10-107. Boiling pitch and tar; bonfires near buildings; hours; no fires on pavements. No person shall within the City. limits boil any pitch, tar, or 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 lie endangered thereby, or within a building specially desig- nated for such purpose and at such distance from any other build- ing 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). • 10-1.08. Violation of Secs. 10-101 to 10-107; 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 therewith shall, upon conviction, be fined not less than five nor more than one hun- dred dollars for each offense (§ 24, Ord. 1480, 4-9-09). 10-109. Fires prohibited; certain district. That it shall be unlawful for any person or persons to set fire to any rubbish, shavings, hay or stray any where between Elm and Walnut Streets and Fifth and Seventh Streets in the City of Salina (§ 1, Ord. 70, 4-25-1872). • 114 Fire Prevention. General Regulations. [Ch. 10, Art. 1 10-110. Violation of Sec..10-109; penalty. That any per- son or persons•violating the'provisions of this Ordinance shall upon conviction thereof be punished 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). 10-111. Stacking hay in certain district; prohibited.' 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 com- bustible material or to leave the same within said 'limits so as if ignited to endanger any building or. other property (§ 1, Ord. 205, 7-23-1877). 10-112. Violation of Sec. 10-111; penalty. That any per- • son 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 (§ 2, Ord. 205, 7-23-1877). 10-113. Lighting match in barn, cellar, etc,; penalty. That every person who shall light a pipe or match in any barn, . stable or cellar or any building containing straw or any combus- tible material shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of not exceeding $25.00 (§ 26, Ord. 635, 3-7-88). 10-114. Giving false fire, alarm; penalty. Every person • who shall maliciously or mischievously give or sound 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 $100.00 027, Ord. 635, 3-7-88). 10-115. Fire alarm telegraph system; breaking or cutting connection. It shall be unlawful for ally person or persons whom- - soever to break, cut or injure or sever the connection of loosen or remove from the fastenings any wire of, and connected with the tire alarm telegraph system of said City of Salina, or in any manner, or by any means whatsoever, 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 Superintendent of said Fire Alarm Telegraph System and then only under such terms and conditions as to time, manner place and expenses of repairing and replacing the same as said Superintendent may impose and sub- scribe (§ 1, Ord. 848, ). 10-116. Placing wire within ten inches of fire alarm tele- graph. It shall be unlawful for any person 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 (§ 2, Ord. 848, ). • Ch. 10, Art. 1] Fire Prevention. General Regulations. ' 11:5 10-117. Violation of Secs. 10-115 and. 10-116; 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 less than $3.00 or more than" $100.00 for each offense (§, 8, Ord. 848, )• Ordinance No. 3076. • An Ordinance establishing regulations for the prevention of fires, conferring certain powers upon the Chief of the Fire De- partment, and providing a penalty for the violation of said ordinance. Be it Ordained bit the Board of Commissioners of the City of Salina, Kansas: 10-118. Chimneys liable to cause fire; prohibited. § 1. • If any chimney, flue or fireplace in ally public or private building in the City of Salina, Kansas, is or shall be of such construction, or if the same shall hereafter be in such condition as to be liable to cause a fire in such building, the use of such chimney, flue or fireplace for firing purposes shall be prohibited. 10-119. Fire Chief may condemn: § 2. The Chief of the Fire Department or his duly authorized Assistants shall have authority to inspect all chimneys, flues or fireplaces in the City of Salina, and for that purpose shall have the right to enter any-build- ing during .reasonable hours. He shall have the power and authority to condemn any and all chimneys which, in his opinion, are in an unsafe,or dangerous condition, or the 'construction of which does not comply with the requirements and provisions of any ordinance of 'the City of Salina then in force respecting the construction of chimneys, flues and fire places, and he shall order such chimney, flue or fireplace, as he may condemn to be repaired, • rebuilt or torn down, and such order shall.lie complied with. within • tell days, and the use.of same shall, immediately upon the giving of such order, be discontinued. 10-120. Stacking hay within 500 feet of fire limits; pack- ing material.. a 3. 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 unpacking is done shall be removed daily. 10-121. Storing ashes. § 4. It shall lie unlawful to store ashes inside of any non-fireproof building, unless they be stored in an incombustible container or receptacle and a clearance of at least five feet shall be maintained between such containers cr 116 Fire Prevention. Gasoline, Oils, Etc. [Ch. 10,Art. 2 receptacles and any combustible material. Ashes shall not be stored outside of any building in wooden receptacles or dumped in contact with or in close proximity to any combustible material. 10-122. Explosives. § 5. It shall be unlawful to store or keep any explosive, except one pound or less of gunpowder, in any storeroom, ':✓areroom, building or on any premises within the City, providing, however, that not more than five pounds of gun- powder may be kept in closed metal canisters in a store or ware- room away from artificial heat or light, and provided further that not more than fifty pounds of gunpowder may be kept if in a magazine made of fire proof material or of wood covered with sheet iron and mounted on wheels and kept securely locked except when necessarily opened for use by authorized persons, and not more than, 1,000 blasting caps in a similar, but separate magazine. Said magazine shall be conspicuously placarded in red letters at least four inches high "EXPLOSIVES" which placard shall be located within the building, oh the floor nearest the street level and Within ten feet of the street entrance. 10-123. Gunpowder; permit. § 6. 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 is kept both in the clay and night time. 10-124. Violation of ordinance; penalty. § 7. Any per- son, 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. 10-125. Take effect. § 8. This ordinance shall take effect and be in force from and after its publication in the Book of Revised Ordinances of the City of Salina. Introduced for first reading, February 16th, 1925. Passed and approved, February 23rd, 1925. (Seal) J. S. HARGETT, Mayor. Attest: CIIAS E. BANI{ER, 'City Clerk. ARTICLE 2.—GASOLINE, OILS, ETC. 10-201. Tanks within 100 feet of building; prohibited unless according to regulations; exceptions. That it shall • hereafter be unlawful for any person, company, co-partnership, corporation or association to own, keep or maintain, either as principal or agent above ground and within one hundred feet of any dwelling house of other building within the City of Salina, • • Ch. 10, Art. 2] Fire Prevention. Gasoline, Oils, Etc. 117 storage of fuel, oil, crude oil, petroleum, gasoline or•'any other like combustible, inflammable or dangerous product or material, unless •such tanks with their appliances and the premises upon which the same are situated shall be constructed and maintained strictly in accordance with the terms of this ordinance and with the regulations herein provided for; provided, .however; that the pro- visions 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 (§ 1, Ord. 2353, Amd by § 1, 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 (§ 2, Ord. 2352. 8-21-19201. • 10-203. Venting system of tanks. All such storage tanks shall be equipped with a venting system consisting of a double screen 50x50 non-corrosive wire gauze mesh installed and con- nected 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 hereinhefore mentioned and shall be made air tight at the point of entrance by the use of litharge or similarly effective 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 (§ 3, 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 in such a manner that • • the only air passages or passage permitting the escape of gases, shall be through the venting system. • In event any manhole shall• • be constructed in the roof of any storage tank such manhole-shall be constructed so that it may-be bolted or screwed down and made equally air and vapor tight with the remainder of said roof and tank (§ 4, 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 any tank of more than one hundred gallons capacity tised for the • • • • 11S Fire Prevention. Gasoline, Oils, Etc. [Ch. 10,Art. 2. is used and .shall be kept tightly in place in its respective socket except when removed for measuring purposes (§ 5, 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 electrical discharges and in accordance with the regulations 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 flexible copper conductor in solid electrical and mechanical 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 (Y") 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 surround the storage tanks upon any particular premises, 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 dimension suf- ficient to retain one and one-fourth (1%) 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 (j4) thereof (§ 7, Ord. 2352, 8- 21-201. 10-208. Premises free from inflammable material. The . premises upon'which any such tanks are maintained shall he kept • clean' and free of any dangerous or inflammable waste or rubbish (S 8. Ord. 2352, 8-21-20). . 10-209. Violation of Secs. 10-201 to 10-208; penalty, -Any person company, co-partnership, corporation or association violat- ing any provision of this ordinance or refusing or neglecting to comply with the requirements thereof shall in such case be 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 he a senarate a-uI distinct offense and shall be punished accordingly (§ 9, Ord. 2352, 8-21-201. 10-210. Sale of gasoline to vehicle in street; prohibited; exceptions. That on and after the taking effect of this ordinance it shall be unlawful for any person, company or corporation, either' as .principal or as the agent, or representative of another, to sell Ch. 10,Art. 2] . Fire Prevention. Gasoline, Oils, Etc. - 119 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 or may be hereafter defined by ordinance any gasoline from ally tank wagon or similar vehicle wherein gasoline is trans- ported 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 ordinance; and provided further, that nothing herein contained 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 or- dinance 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 protection of prop- erty and of travelers or pedestrians upon the public streets and side- walks of said city. (§ 1, Ord. 2800, 6-13-23). 10-211. Violation of Sec. 10-210; penally. That 'any per-• son, firm or corporation, or any person who shall be or act as the agent, representative, member, 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 misdemeanor 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 • section or any provisions thereof shall be considered a separate and distinct offense and shall lie punished as such (§ 3, Ord. 2800,. • Amd. § 1, Ord. 3025, 9-8-24). 10-212. Curb filling stations in fire limits, construction prohibited. That on and after the publication 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 or 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 apparatus or contrivance located upon a public sidewalk or parking adjacent thereto or upon or adjacent to the curb of any public street within such fire limits and used for the • sale and delivery of gasoline (§ 2, Ord. 2801, 6-15-23).. . 10-213. Curb filling.stations outside fire limits;' special permits; subject to revocation. That on and after the publiea- 120 Fire Limits. [Ch. 11 tion of this ordinance it shall be unlawful for any person, com- pany or corporation, either as principal or as the agent or.employee of another, to build, construct, maintain or operate upon any public sidewalk or parking adjacent thereto or upon or adjacent to the curl) of any public street, outside the fire limits of the City of Salina but 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 having first received from said Board of Commissioners a permit for the erection and operation thereof. Such permits, when granted, shall *be received •by the applicant subject to th° right of the City of Salina, through action of its Board of Conn missioners 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 located (§ 3, Ord. 2801, 6-15-23). 10-214. Violation of Secs. 10-212 and 10-213; penalty. That any person, firm or corporation or any person who shall he or shall act:as the agent, representative, member, officer or man- ager of any firm or corporation who shall violate any of the pro- visions of Sections 2 and 3 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction 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 anv curb pump filling .stations erected in violation of said Sections 2 and 3 of this ordinance shall he permitted to remain in any street or thoroughfare of the City of Salina, shall he deemed and considered a separate offense and shall be punished as such (§ 5, Ord. 2801, Amd. § 1, Ord. 3026, 9-8-24). • CHAPTER 11.--FIRE LIMITS. 11-101. Fire limits defined. That all of that portion of the City of Salina, Kansas comprised within the following metes and bounds shall be known and designated as the Fire Limits of • the City of Salina,•to-wit: - Commencing at the intersection of the north line of Mulberry Street with the west ffine 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 (McPher- son Branch) thence north along the west.line of said right-of-way • • Ch. 111 Fire Limits. 121 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 alley..to the south line of.Elm Street, thence west along the south line of Elm Street to the west line of Third Street, thence north along the west line of 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 south- westerly along said center line of the said right-of-way to the intersection of said center line with the east line, extended north, of College Avenue, thence south along said line to the north-west corner of Lot 41 on Elm Street in Weaver's Addition, thence eas: 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 addi- tion, thence east to the southeast corner of Lof 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 ( a Addition, thence east to the southeast corner of said Lot 58, thence northeasterly to the southwest 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 south- west 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 along the east line of Seventh Street to the south line of Elm Street, thence west along the south line of -Elm'Street to the east line of the alley running north and south between Seventh Street and Eighth Street, thence south along the east line of said alley to the, south line of Lot 73 on Eighth Street, thence west along the south line of said lot. to the east line of Eighth' Street, thence'-south along.the east line of Eighth Street to tha north line of Mulberry Street, thence east along the north line of Mulberry Street to the place of.beginning (§ 1, Ord. 3040, 10- 27-24). 11-102. Buildings in fire 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 provided in Ordinance Number 2993 of the City of • • 122 Fire Limits. (Ch. 11 Salina, Kansas, adopted by the Board of Commissioners, of said city on June 2nd, 1924 (see Secs. 5-203 to 5-209), as now in effect or as may be hereafter amended, and except as otherwise in this ordinance provided, or as may he provided in any other ordinance of the City of Salina, now in effect or hereafter adopted (§ 2, Ord. 3040, 10-27-24). 11-103. Fire District No. 2; defined; buildings within such district. All of that portion of the Fire Limits as designated in Section One (1) hereof within the following described boundaries shall be known as District Number Two (2) of the Fire Limits, within which such buildings may be erected as are nermitted by the provisions of Section Nine (9) of Ordinance Number 2993 (Sec. 5-209), as now in effect or as hereafter amended, such boundaries being•as follows, to-wit: Commencing at the intersection 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 Pacific Street, thence west along the south line of Pacific Street to the west line of the alley running 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 east along the north line of Ash Street to the place of beginning (; 3, Ord. 3040, 10-27-24). 11-104. Fire District No. 3 defined. All of that portion of the fire limits as designated in Section 1, hereof within the follow- ing 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, ex- tended north, running north and south between Phillips Street and Thirteenth Street; thence southwesterly along said center line to the east line, extended north, of College Avenue, thence south along said line to the northwest corner or Lot 41 on Elm Street in Weavers Addition. thence east along the north line of Weavers - Addition to the northeast corner of Lot 7 on Elm Street in said addition, thence east to the southwest corner of Lot 4 on Twelfth Street iw said addition, thence east to the southeast corner of T,ot 4 on Eleventh Street in said addition, thence north to the north- east corner of Lot 9 on Eleventh Street, in said addition, thence west to the northwest corner of Lot 9 on Twelfth Street in said addition, thence southwesterly to the northeast corner of Lot 8 on Twelfth Street in \Weavers 2nd Addition, thence west to the southwest corner of Lot 9 on Thirteenth Street in said addition, thence west to the northeast corner of Lot 8 On Thirteenth Street . in said addition. thence west to the east line of the alley running north and south between' Phillips Street and Thirteenth Street, • • Ch. 12] Firemen's Relief Association. 122 thence north along said line to the place of beginning (§ 4, Ord. - 3040, 10-27-24). 11-105. Buildings in District No. 3. That the provisions of Ordinance Number 2993 of the City of Salina, passed and am proved by the Board of Commissioners on June 2nd, 1924, relating to the type of buildings which are prohibited by the provisions of said ordinance within the fire limits of the City of Salina •(see Sec. 5, 204), Kansas shall not apply to residences or dwellings, or other buildings of frame construction which may be erected, al- tered, repaired or moved within the limits of Fire District Number 3- as defined in the preceding section hereof, where such buildings do not cover a ground area of more than 2500 square feet and do not exceed two stories in height or where such buildings 'do not cover a ground area of more than 5000 square feet and do not exceed one story in height, if all of the exterior walls of any such building are covered with brick veneer not less than 4 inches in thickness or with lath and stucco and shall have a roof of fire- resisting material and construction (§ 5, Ord, 3040, 10-27-24). CHAPTER 12.—FIREMEN'S RELIEF ASSOCIATION. 12-101. Association organized. § 1. That as soon as practicable after the publication of this ordinance, the officers and members of the Salina Fire Department •shall organize an Asso- ciation which.shall he styled and known as The Firemen's Relief Association. of Salina. Said Association shall he composed of all members of. the paid Fire Department of Salina. The Fire. Chief shall be ex.officio president of said Firemen' • Relief Asso- ciation. The Officers of said Association shall consist of a Presi- dent, Vice-President and Secretary. There shall be an advisory board of directors which shall consist of the President, Vice- President and Secretary of said Association, and two members of said Fire 'Department. Said Association shall adopt such by- • laws, rules and regulations as it may deem advisable in carrying out and promoting the objects of said association, not inconsistent With this ordinance, or the laws of the State of Kansas. The Secretary shall keep a complete record of the transactions of the Association, which shall, at all times be subject to inspection by - the Mayor and Council (§ 1, Ord. 1498, 6-24-09). 12-102. City Treasurer, Treasurer of Association. § 2. The Treasurer of the City of Salina shall at all times-he the cus- todian of all funds belonging to the-Firemen's Relief Association of Salina, and shall be liable on his official bond for the security of this fund. He shall keep said fund separate and apart from all other funds, shall credit said fund from time to time with the .124 Firemen's Relief Association. [Ch. 12 interest due, the same from bank deposits thereof, and shall pay out the same only on warrants issued by said Association, which . . warrants shall be signed by the President, countersigned by the Secretary, and bear the .seal of said Association (§ 2, Ord. 1498, 6-24-09). • 12-103. Accident 'insurance for members; funeral ex- penses; gratuity to widow or children. § 3. The Firemen's Relief Association of Salina shall purchase and at all times carry for each of its members an accident insurance policy, in some re- liable company or companies, of not less than five hundred dollars • for each member, payable in case of death resulting' from acci- dent, and a weekly indemnity, when injured of not less than five dollars; but the aggregate annual premiums shall not exceed twenty per cent of the amount in the hands of the City Treasurer on the first of the month next preceding the purchase of said policies, and an appropriation is hereby made for said purpose. Said Associa- tion may also pay one hundred dollars for the funeral expenses of any member of the fire department when killed in the discharge of his duties, or in case of death resulting from the effects of in- juries so received, or disease contracted by reason of his duties as such; and an appropriation is hereby made for said purpose. Said Association may pay, as a gratuity to the widow, or widow • and children, or the children, or those dependent upon any mem ber who may die from disease contracted by reason of his duties as a' fireman, not more than five hundred dollars; and an appro- priation is hereby made for said purpose (§ 3, Ord. 1498, 6-24-091. 12-104. Expenditures to be approved by ordinance. § 4: The Firemen's Relief Association shall, through its President and Secretary, present to the Mayor and Council, in writing, a state- ment of any disbursements that the association, through its Board of Directors, desire to make, other than those named in Section 3 of this Ordinance, and if the same is approved by the Mayor and Council, the amount so approved shall be allowed and appro- priated by ordinance to the said Firemen's Relief Association, for • the purpose or purposes named, and the same shall be paid by the City Treasurer as provided in Section 2 of this Ordinance • (§ 4, Ord. 1498, 6-24-09). Passed and approved June 21, 1909. C. B. IKIRKLAND, Mayor. Attest: A. W'. GoDFREY, City Clerk. . • • • Ch. 13] Levees and Dikes. 125 CHAPTER 13.—LEVEES AND DIKES. 13-101. Dike east of Dry Creek in Elm Dale Addition. , The construction and maintenance of a dike, by the City of Salina with consent of the property owners, 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- ':rly and northwesterly over and across Block No. 1 of said Addition to and connecting with and abutting against the embankment of the Union Pacific Railroad Company, authorized by Ord. 1279, Sept. 25, 1905. 13-102. Dike at crossing of Dry Creek and Missouri Pacific right of way. The Missouri Pacific Railway Co. grants to the City of Salina the right to construct and maintain a dyke 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 dyke to enter the right of way from the east and the west, and to connect with the embankment of said Railway Co. The • construction and maintenance of said dyke shall be performed in a • manner entirely satisfactory to said Railway.Co., and under-the supervision of its division engineer or other properly appointed representative; provided that said dyke shall he such a height and width as to conform to an unbroken grade along its line of con- struction (§ 1, Ord. 1303, 4-17-06). 13-103. Missouri Pacific to raise and lengthen trestle. Said Railway Co. further agrees to lengthen its trestle over Dry Creek, known as Bridge No. 230, about 84 feet to the south, and to raise said trestle about 3 feet above its present grade, in order to 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 extended 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). • 126 Licenses. General Licenses. [Ch. 14,Art. I CHAPTER 14.-LICENSES. • Article 1.-General Licenses.-14-101 to 14-160. • 2.-Carnival and Amusement Companies and • Amusement Parks.-14-201 to 14-210. • 3.-Public Dances. 14-301 to 14-306. , 4.Pool and Billiard Halls.-14-401 to 14-411. 5.-Public Vehicles; Licenses in Genera1.=14,501 to 14-522. 6.-Taxi-Cabs.-14-601 to 14-630. 7.-Stages and Busses. 14-701 to 14-719. • 8.-Junk Dealers.-14-801 to 14-811. • ARTICLE 1.-GENERAL LICENSES. 14401. Licenses; non-assignable; no refund. All licenses issued from, this date are to be non-assignable, 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 licenses issued from"this elate shall have printed within said license, or stamped on said license with a rubber stamp the words, "non- transferable, non-assignable and no•refund" (j 2, Ord. 2640, 3-11- 1922). - 14-103. License required. :No person, firm or corporation, either as principal or agent, shall conduct, pursue, carry on or operate, in the City of Salina', any calling, trade, occupation, pro- fession, or business 'hereinafter named without first. having ob- tained• a license therefor from the City Clerk and paying the • charge or charges therefor; as hereinafter provided (§§' 1, Ord. 1668, 11-18-1912) f 14-104. Amount' of license fees. The license tax hereby levied under this ordinance shall be in the following amounts, viz. (§ 2, Ord: 1668, 11-18-1912) : '14-105. .' (1) Auctioneers. Auctioneers, not including 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. Every person, not a licensed and regularly practicing auctioneer, and not the proprietor of a licensed auction room, 'selling or offering for sale, or causing to be ' sold or offered for sale, any stock of goods or merchandise, or parts thereof, shall pay a license therefor in the sum of $25.00 per day or $300.00 for six months (§ 2. 'Ord. 16881. Ch. 14, Art. 1] Licenses. General Licenses. 127 14-108. Auction stands. (See Secs. 14-151 to 14-155.) • 14-109. (4) Bowling alleys. Bowling alleys, or ten-pin alleys, $25.00 per annum (;§ 2, Ord. 1688). 14-110. (5) Canvassers. Itinerant or transient can- vassers, or book, map or picture agents, $10.00 per week (§ 2, Ord. 1688) • 14-111. Carnival and amusement companies. (See Secs. 14-201 to 14-211.) 14-112. ' (6) Circus and menageries, wild west, dog and pony, and other shows and exhibitions. All circuses, all "Wild West" shows,. or exhibitions exhibiting border scenes of Indian . lighting, horsemanship and the like, and all kindred exhibitions to these and to circuses and menageries, and all dog or pony shows, ' showing in tents • or temporary enclosures, with or without menageries or sideshows and all other shows and exhibitions here- inafter described, as follows: (a) For any' such circus or show, exhibiting in the city, when the price of admission charged adults for attending the sane is more than fifty cents, with or without street parade, or for street parade alone where such circus or show exhibits outside the limits of said city, two hundred dollars per day. (b) For any such circus or show, exhibiting in the city, when the.price of admission charged adults for attending the same is fifty cents and not less than thirty-five•cents, with or without street parade, or for street parade alone where such circus or show exhibits outside of the limits of said city, one hundred dollars per day. (c) For any such circus or show, exhibiting in the city, • when the price of admission charged adults for attending the same is less than thirty-five cents and not less than twenty-five cents, with or without street parade, or for street parade alone where uch circus or show.exhibits outside the limits of said city, seventy- five ($75.00) dollars per day. (d) For any such circus or show, exhibiting in the city, when the price of admission charged adults attending the same is less than twenty-five cents, with or without street parade, or for street parade alone•where such circus or show exhibits outside the • limits of said city, fifty'($50.00) dollars per day. (e) For'any dog and pony, or dog or pony, show, or show or performance of trained or skilled animals, not a circus or "wild west" show, when the price of admission charged adults for attending the same is fifty cents or more, fifty ($50.00) dollars per clay; all such shows charging less than fifty cents and- not less, 128 - • Licenses. General Licenses. (Ch. 14, Art. 1 . . than twenty-five cents for adults attending the same, twenty-five ($25.00) dollars per day; and all such shows charging less than • twenty-five cents admission for adults attending the same, ten • ($10.00) dollars per day. (f) Every tight rope performance in the open air, from house to house, or on or over any vacant lot, or over and across any street or alley, ten ($10.00) dollars per day; every negro . minstrel performance or Uncle Tom's Cabin show, twenty. ($20.00) dollars per day; every exhibit of natural curiosity freak or nature, or skilled, learned or trained animals, including performing bears, • or organ grinders, accompained or' unaccompanied by monkeys, ten ($10.00) dollars per day; and for every other show not herein enumerated, ten ($10.00) dollars per clay; Provided, that when any such show or exhibition is held or given in any licensed house or building, no license shall be required. Provided, further, that before ally circus, menagerie, wild west, clog or pony, or any other show herein required to pay a 'license for exhibiting in the City of Salina in tents or any temporary enclosure, or required to pay license hereunder for street parade where any such shows shall exhibit without the limits of the city, shall advertise. or bill the same in the City of Salina, the owner, agent, representative or person acting for any such circus or show shall enter into a written contract with the City.Clerk to the effect that the owner, lessee, manager or proprietor of such circus or show will pay the amount of license required in this ordinance, to be specified in said contract, before such circus. or show shall- exhibit oar parade within the City (§ 2, Ord. 1688). . . 14-113. (7) Concerts, etc. Concerts, theatrical enter- , tainments, or entertainments, lectures, or.exhibitions of any char- acter, for. pay or profit by non-residents of Salina, and not given. in any licensed opera house or.hall, 'or in any church or lodge room, $5.00 per day, $15.00 per week (§ 2, Ord. 1688). 14-114. (8) Corn doctors. Corn doctors, or chiropodists, not residents of •Salina $1.00 per day, $5.00 per week (t 2, Ord., 1688). 14-115. Dances, public. (See Secs. 14-301 to 14-306.) 14-116. (9) Doctors, etc.' Itinerant or 'transient doctors, dentists, oculists, opticians or surgeons practicing such prof es- siou`or occupation, $10.00 per day (1; 2, Ord. 1688). • 14-117. (10) Express companies. 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 • • • Ch. 14,Art. 11 Licenses. General Licenses. 129 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 department agency, or agent of the 'United States, and excepting the re- ceipt, transmission,and delivery of any such packages which are interstate commerce; the business and occupation of receiving, transmitting and delivering of the packages herein excepted is not taxed hereby (§ 2, Ord. 1688). 14-118. (11) Free lectures, patent medicines; etc. Free . • lectures, or entertainments of any kind whatever, given on ally street, avenue or vacant lot in the City of Salina, for the ,pur- pose of advertising any goods, wares, merchandise, person, thing or business, or the advertisement of patent medicines, proprietory medicines, drugs, nostrums and articles, where such goods are not sold or offered for sale, $4.00 per day or $15.00 per week • (§ 2, Ord. 1688. See also Sec. 14-146). 14-119. (12) 'Fortune tellers. Fortune tellers, mind read- ers, clairvoyants, phrenologists, palmists, astrologers, muscle and lung testers, gaugers, or persons permitting others to look through magnifying glasses, telescopes, or horoscopes for the purpose of inspecting or viewing any object or thing for pay, $25.00 per week (§2, Ord. 1688. See also Sec. 14-146). 14-120. (13) Gift enterprises. Gift enterprises of any • kind $25.00 per day (§ 2, Ord. 1688): • 14-121. (14) Goods on street. Soliciting business or ex- hibiting goods, wares and merchandise, or samples of the same on the streets or adjacent thereto or in any public place in the ' City of Salina, of selling or offering to sell goods in connec- tion with such exhibition, by any transient or itinerant proprietor, agent or vendor, $25.00 per week (§ 2, Ord. 1688: See also See. 14-146). • 14-122. (15) Hawkers, peddlers. Hawkers or peddlers Of goods, merchandise, fruit or vegetables, other than the seller's own raising or production, or solicitors or canvassers for the sale of the same, not otherwise provided for in this ordinance. $25.00 per year; Provided that no license issued under this sec- tion shall authorize the holder of the same to conduct, main- tain .or sell goods from a. street stand on the streets of said City (§ 2, Ord. 1688. See also Sec. 14-146). 14-123. (16) Insurance companies. Insurance com- panies, agents or agencies, surety bonding companies, agents or agencies handling and writing in the City of Salina, any kind • • '130 Licenses. General Licenses. [Ch. 14, Art. 1 • or manner of insurance or surety bonds, $10.00 per annum for each insurance company or bonding company so represented, ex- cepting, however, that no insurance company or agent or agencies representing the same, and engaged solely in writing fire, light- ning or tornado insurance either separately -or combined, 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 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 § 1, Ord. 2366 12-24-1920). ,14-124. (17) Itinerant venders, patent medicines, etc. Itinerant or transient venders of any patent medicine or pro- prietory medicine, nostrums, or other articles, $25.00 per week. Provided that no license shall he 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 complied with the pharmacy laws of the 'State of Kansas (§ 2, Ord. 1688. See also Sec. 14-146). 14-125. (18) Lightning rods. Lightning rod agents, $3.00 per day; $25.00 per month (§ 2, Ord. 1688). 14-126. (19) Merry-go-rounds, etc.; not operate on Sun- days. Swings, merry-go-rounds or riding galleries, $10.00 per day, $25.00 per week; Provided, it shall be unlawful for any person to operate, or assist in operating, any swing, merry-go- round or riding gallery.on the first day of the week,- commonly called Sunday, or later than 11 o'clock P. M. of any day (§ 2, • Ord. 1688). 14-127. (20) Museums. Museums, for the exhibition of paintings, works of art, or scientific, literary, or other curiosities, for pay, $2.00 per day, $8.00 per week (§ 2, Ord. 1688). 14-128. (21) Nickelodeons. Rooms and halls used for - nickelodeons and for moving picture shows, including such Vaude- ville attractions as might he given as part, of any such moving . picture show, $30.00 per annum; Provided, that the price of ad- mission charged for any show .or exhibition under this sub- section shall not exceed twenty cents; and provided further, that . no. license shall he issued hereunder for less than one year (°; 2. Ord. 1688, Amd. by § 1, Ord. 1741 1-5-1914). 14-129. (22) Opera houses. Opera houses, theatres, halls and other rooms and buildings used for public entertainments for pay, not otherwise enumerated or specified in this ordinance, $50.00 per annum; and no license shall be issued hereunder for • Ch. 14,Art. 1] Licenses. General Licenses. 131 less than one year (§ 2, Ord. 1688, Amd. by § 2, Ord. 1741 .1-5-1914). 14-130. (23) Orders, future delivery. Itinerant or tran- sient'persons soliciting or canvassing for orders for future de- livery of goods, wares, or merchandise by themselves or by others, from stock not carried in the City of Salina, $25.00 per week •(§ 2, Ord. 1688). 14-131. (24) Patent rights. Patent right dealers, $25.00 per day (§ 2, Ord. 1688). 14-132. (25) Pawnbrokers. Pawnbrokers or loaners of money on pledged security or property, $50.00 per annum (§ 2, Ord. 1688). 14-133. (26) Peddlers, clothing, etc. Itinerant or tran- sient peddlers or venders of ready made clothing, textile fabrics, hoots 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 any one 'to sell any such articles from a stand upon any street in the City (§ 2, Ord. 1688. See also Sec. 14-146). 14-134. (27) Peddlers, transient or itinerant. Transient or itinerant peddlers, hawkers, or venders of any goods, wares or merchandise, or solicitors or canvassers for the sale of the same, not otherwise provided for in this ordinance, $25.00 per week. No license shall be issued to any one to sell any such articles from a stand upon any street in the City (§ 2, Ord. 1688. See also Sec. 14-146). 14-135. (28) Penny arcades. Places of amusements or exhibitions known as "penny arcades" $35.00 per annum; and no license shall be issued for less than one year (§ 2, Ord. 1688). 14-136. (29) Photographers. Itinerant or transient pho- tographers soliciting business or taking.pictures and selling the same in the City, $15.00 per week (§ 2, Ord. 1688). 14-137. (30) Street stands. Any street stand from which is sold or offered for sale nuts, candy, pop-corn, lunch or mer- chandise of like kind or character, $10.00 per year; any street stand from which is sold 'or offered for sale articles, wares and merchandise not otherwise mentioned or enumerated herein, $25.00 per week; Provided, that no license shall be granted for any street stand to be kept or maintained on Santa Fe Avenue between the north line of Walnut Street and the north line of Ash Street, on the west side of Santa Fe Avenue and the south. line of Ash Street on the east side of Santa Fe Avenue and on Iron Avenue between the west line of Fifth Street and the east 132 Licenses. General Licenses. [Oh, 14,Art. 1 line of Eighth Street between the hours of seven o'clock A. M. and six o'clock P. M. of any day; and provided further, that no license tender this sub-section shall authorize the owner or holder of the same to hawk or peddle any goods, wares or merchandise of any kind or character whatsoever around and over any of the streets of said City; and provided further, that this sub- section shall not apply to gardeners or farmers selling or deliver-' ing produce raised .by themselves; and provided further, that any licensed wagon, cart or foot peddler may solicit trade within said • prohibited district from hotels, restaurants and families, by going within the building and making sales or trades. A street stand, as used in this ordinance, means any vehicle or temporary place of business from which articles of merchandise are sold or offered for sale, not otherwise mentioned in this ordinance. All street stands shall be located under the direction of the City Marshal • (§ 30, Ord. 1688, Nov. 18, 1912; Amd. Ord. 3043, Nov.' 10, , 1924; See Sec. 14-158; See also Sec. 14-146). - 14-138. (31) Sidewalk stands. Any sidewalk stand from which is sold or offered for sale nuts, candy, pop corn, lunch or merchandise of like kind or character, $15.00 per year; any sidewalk stand from which is sold or offered for sale articles, • wares or merchandise not otherwise mentioned or enumerated herein, $25.00 per week; said sidewalk stands to he located under the direction of the City Marshal. Provided, that no license • issued under this sub-section shall authorize the holder of the same to hawk or peddle any goods or merchandise- of any kind or character whatsoever around and over the streets of the City (§ 2, Ord. 1688; Amd. by Ord. 3043 11-10-1924; See Secs. 14-158 - and 14-159; See also Sec. 14-146). • 14-139. (32) Sales; bankrupt; fire; receivers; sheriffs, etc. • Persons selling or offering for sale goods, wares or mer- chandise known as or advertised or designated to he goods, wares or merchandise bought at fire sales, auction sales, manufacturer's loss sales, wreckage sales, sheriff's, creditor's, assignee's, con- signee's, bankrupt, special bargain or damaged goods' sales, or advertised in any manner for the purpose of inducing customers or people to believe that such goods, wares or merchandise will lie 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 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 assignee or trustee in bankruptcy, or to goods, wares- or merchandise, which ,have been damaged in the City of • • Ch. 14, Art. 1] Licenses. General Licenses. ' 133 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 galleries. Stationary shooting galleries, $2.00 per day, $15.00 per month; mechanical shooting galleries, $3.00 per day, $25.00 per month (§ 2, Ord. 1688). 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. Slot machines, not gambling devices, $10.00 per annum (§ 2, Ord. 1688). 14-143. (36) Street parades. All street parades,and all persons walking or driving over the streets of the City, adver- tising by means of printed banners, signs or streamers or by ringing bells, loud calling or announcements intended to attract the attention of people and for the purpose of advertising any entertainment not otherwise named in this ordinance, $3.00 for each parade or advertising "stunt" (§ 2, Ord. 1688. See also Section 14-145). 14-144. (37) Street vender. Any street vender for arti- cles of merchandise„notions and the like, not otherwise mentioned in this ordinance, $5.00 per day (§ 2, Ord. 1688). 14-145. (38) Summer theatres.. Outdoor or summer theaters; or "air-dome" theaters, $30.00 per annum; and no li- cense shall be issued for less than one year (§ 2, Ord. 1688, Amd. § 1, Ord. 1767 5-25-14). 14-146. Street business; regulations. Any business 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 ordi- nance be issued by the City Clerk, under the seal of the City, and signed by the Mayor and Clerk; but no license shall he is- sued 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 ordinance to be paid for the license applied for by such person. Provided, that nothing in this ordinance shall require the payment of a license tax by persons selling hay, grain, fruit, vegetables, milk or ar- ticles 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). • • l34 • Licenses. General Licenses. [Ch. 14,Art. 1 14-148, Application for licenses. No license shall issue to carry on any vocation or occupation mentioned 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 character 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 expire. 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 clay Of December of each year (§ 6, Ord. 1688, 11-18-1912). 14-150. Penalty; violation of Secs. 14-101 to 14-149. Any • person. violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof in the police court shall he 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 con- duct within the City of Salina, Kansas, any auction stand without first having obtained a license so to do, and paying the fee there- . for as hereinafter set forth (Sy 1, Ord. 2226, 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 applica- tion; licenses issued 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 he con- ducted, and the location or place within said city where such busi- ness is to be conducted ($ 3, Ord. 2226, 12-21-1918). 14-1.54. Licenses signed; not transferable. All licenses issued under this ordinance shall be signed by the Mayor and Clerk of said city and countersigned by the Treasurer thereof, and shall in no event be assigned or transferred (§ 4, Ord. 2226, 12-21- 1918). 14-155. Violation-of Secs. 14-151 to 14-154; penalty. Any person, firm or.corporation violating any of the terms of this ordi- Ch. 14,Art. 1] Licenses: General Licenses. 135 nance shall be deemed guilty of a'misdemeanor and upon convic- tion 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 prin- cipal or agent conduct, operate or carry on. in the City of Salina the business of vending, 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 annual license fee therefor (§ 1, Ord. 2504, 6-10-1922): 14-157. Violation of Sec. 14-156; penalty. Any person violating any of the provisions of this ordinance 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 (§ 2, Ord. 2504, 6-10-1922). 14-158. Street stands, certain classes prohibited. That from and after the taking effect of this ordinance no street or side- walk stand from which is sold or offered for sale fruit, vegetables, garden truck or other similar merchandise, shall be permitted to occupy any street or part thereof within the City of Salina, Kan- sas, and it shall be unlawful for any person owning or in 'charge of any wagon, cart or stand to permit the same to stand in or occupy any street or part thereof within the City of Salina, Kan-' sas, Provided However, that this ordinance shall not be construed to prohibit the sale of fruit, vegetables, garden truck or other sim- ilar merchandise by any duly licensed vendor or peddler, whenever' such vendor or peddler 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 times as such person may be reasonably required to stop for temporary pur- poses (§ 1, Ord. 3043, 11-10-1924). 14-159. Clerk not to issue license. 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 side- walk 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 thereof within the City of Salina, Kansas (§ 2, Ord. 3043, 11-10-1924). 14-160. Violation of Secs. 14-158 and 14-159; penalty. That any person 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 $25.00 (§ 4, Ord. 3043, 11-10-1924). • • 136 Licenses. Carnival and Amusement; Parks. [Ch. 14, Art. ' ARTICLE 2. CARNIVAL AND AMUSEMENT COM- PANIES; AMUSEMENT PARKS.-14-201 to 14-211. 14-201. Carnival and amusement company license. It shall be unlawful for any carnival or amusement company to operate or show in the City of Salina without making application for a license as hereinafter provided and 'paying to the City Clerk the license fee as hereinafter specified .(§ 1, Ord. 2194, 6-26-18). . 14-202. Application for license. All carnival or amuse- ment companies desiring to show or operate in the City of Salina, Kansas, shall first make an application in writing to the City Clerk of the City of Salina, Kansas, setting forth the number of railroad cars and coaches used in connection with the transportation thereof and shall also set forth in detail the character and nature .of each and every attraction and amusement proposed to be operated (j 2, Ord. 2194, 6-26-18). 14-203. No gambling or public dances in connection.'. No • gambling device or games of chance, public dancing hall or pavilion shall be operated Or conducted by any carnival or amusement com- pany or in connection therewith within the City of Salina, Kansas (j 3, Ord. 2194, 6-26-18). , 14-204. License charges. For the first clay's exhibition of such carnival or amusement company there shall be paid to said City the sum of $10.00 for each and every railroad car and coach Used in connection with the transportation thereof and for each clay's exhibition thereafter, there shall he paid the sum of $5.00 for each and every railroad car or coach used in.connection with the transportation thereof (§, 4, Ord. 2194, 6-26-18). 14-205. Violation of Secs. 14-201 to 14-204; penalty. Any • person, firm or corporation, or the agent or employee of any per- son, firm or corporation violating any of the provisions of this ordi- nance shall he deemed guilty of a misdemeanor and upon convic- tion, shall be punished by a fine of not less than $25.00,nor more than $100.00, or imprisoned in the City Jail not less than ten days nor more than thirty days (j 5, Ord. 2194, 6-26-18). 14-206. Amusement park; license. No person, firm.or cor- . poration, either a•• principal or agent shall carry on or operate within the City of Salina, Kansas, any amusement park, operated for profit, without having first obtained from the City Clerk a ' license to do so, and without having first paid to the City of Salina • a license tax of $50.00 per annum, said license to be issued for not less than one year and to be in effect for the year following the issuance thereof; Provided, However, that the term amusement , park; as mentioned above and the license tax for the operation thereof as provided for herein, shall not include, or cover a license • Ch. 14,Art. 21 Licenses. Carnival and Amusement; Parks.. 137, • tax for any theatrical, dramatic or operatic performance, or enter- tainment, usually known as a tent show,- which may be conducted; _ operated 'or carried on on the grounds occupied by said amuse- ment park, whether the same be so carried on, operated or con- ducted by persons, firm or corporation holding the license for the operation of said amusement park, or by any other person, firm or corporation (§ 1, Ord. 2598, 9-23-22). 14-207. Tent shows, etc.• license. No person, firm or cor- poration either as principal or agent shall conduct, carry on or operate within the City of Salina, Kansas, for pay, any theatrical, dramatic or operatic performance or entertainment, commonly known as a tent show, whether operated in a tent or in the open,' when not given in any regularly licensed opera house, theatre or moving picture theatre, or other permanent building, without hav- ing first secured from the City Clerk of the City of Salina, Kansas, a license so to do and without first having paid to the City of. Salina, Kansas, a license tax therefor of $25.00 per day; Provided,' However, that such entertainments or chautauqua performances or, to concerts and musical or other entertainments given by the citi- zens of the City of Salina, Kansas, or to any entertainment or, concertgiven by, or under the auspices of any church, lodge or. other society, or other organization of the City of Salina, when the' proceeds of such entertainment are for the benefit of such' church, lodge, society.or organization, nor to any. entertainment or concert' given by any citizen of said City when the proceeds thereof are not for the benefit of the person or persons giving.the same (§ 2, Ord._ • 2958, 9-23-22). 14-208. City Clerk issue licenses. The City Clerk of the' City of Salina shall issue the licenses as above provided for to such' parties as may apply therefor' upon receipt of the payment of the license tax provided for in the preceding sections (§ 3, Ord. 2958,' 9-23-22). 14-209. Not assignable. No such license'shall be assignable: and any such license may be revoked by the Board of Commis- sioners; or by the' Mayor of the City of Salina in the interim ' between the sessions of said Board of 'Commissioners, for any reasons deemed good and sufficient to said Board of Commis- sioners or Mayor (§4, Ord. 2958, 9-23-22). • 14-210. Violation of Secs. 14-206 to 14-209; penalty. Any person, whether as principal or as agent for any other person, firm or corporation who shall violate any of the provisions of this ordi- nance or.who shall continue the operation or conduct of any occupa- tion or business mentioned in the preceding sections of this ordi- nance, without having first secured the license provided for herein, or after such license shall have been revoked as provided for herein, • • 138 - Licenses. Public Dances. [Ch. 14,Art.. 3 shall be deemed guilty of a misdemeanor and shall; upon convic- tion, thereof be fined in any sum not exceeding $100.00. Each • separate day's operation without such license or after such license shall have been revoked, shall be deemed and constituted a separate offense (§ 5, Ord. 2958, 9-23-22). ARTICLE 3.—PUBLIC DANCES. 14-301. Public dances; license fees. That from and after the publication of this ordinance it shall be unlawful for any per- son, persons, clubs, societies or organizations, without first having obtained from the City Clerk a license so to do,, to conduct or assist in conducting any public dance and without having paid to the City Clerk for such license the amount specified in the follow-_ ing schedule: For one year $100.00; for six months, $5000; for single day or night $3.00 (§ 1, Ord. 2414, 11-26-1921. See Sec. 3-204. Permit from Board of Public Welfare before license issued by Clerk). . 14-302. • Licenses; effective date. Licenses mentioned in Section One hereof shall become effective as of January 1st or . July 1st, following the date of its issue, and no license shall be issued for a term of less than six months, excepting license for a • single day or night (§ 2, Ord. 2414, 11-26-1921). ' 14-303. Licenses not assignable. All licenses shall be non- assignable and non-transferable. 14-304. Public dance defined. (See Secs. 3-101; 3-102 and 3-103 .for definitions.) 14-305. Dance on Sunday; nuisance. It is hereby declared • to be a nuisance for any person, persons, clubs, societies or organ- izations to conduct or assist in conducting a public dance on the Sabbath Day commonly called "Sunday" in the City of Salina (§ 5, Ord. 2414, 11-26-21). 14-306. Violation of 14-301 to 14-305; penalty. Any per- son, 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). • • • • • Ch. 14, Art. 47 Licenses. Pool and Billiard Halls. 139 ARTICLE 4.-POOL AND BILLIARD HALLS. (Published in the Salina Daily Union, January 19, 1917.) Ordinance No. 2018. An Ordinance fixing a license tax on billiard and pool tables, regu- lating the conduction of same and providing a penalty for the violation hereof, and repealing sub-section four (4) of Sec? tion One (1) of Ordinance No. 795, passed and approved February 15th, 1892; Sections Seventeen and Eighteen of Ordinance No. 635, passed and approved March 7th, '1888; and Ordinance No. 1417, passed and approved -May 18th, 1908. Be it ordained, by the Mayor and Councilmen of the City of Salina: 14-401. Pool and billiard tables for profit; licenses; charges. § 1. Before any person or persons shall have, keep or maintain, for hire or profit in any public.place in the City of Salina, Kansas, any billiard or pool table or tables, he or they shall pay a license tax on all such tables, as follows: For the first table, twenty-five dollars ($25.00) ; for the second table fifteen •dollars ($15.00) ; for the third table ten dollars ($10.00) ; and for each table after the third table, ten dollars ($10.00). Such license, when issued, shall be for a period of.six months, and shall expire on the last days of June and December next after the same is issued, and shall be non-assignable and non-transferable. 14-402. Application; contents. § 2. Any person or per- sons desiring a license under this ordinance shall make application therefor, in writing, over his or their signature, to the Mayor and Council. Such application shall state 'the number of billiard and - pool tables to be set up, kept and used, the kind and size of the house, room or enclosure in which such billiard and pool tables are to be set up and used, and the number of the lot and the name of the street or avenue on which the building is located. 14-403. Bond. § 3. Accompanying such application, the applicant or applicants shall deposit with the City Clerk a bond, running to the City of Salina, in the penal sum of five hundred ($500.00) dollars, with two or more sureties, residents of said City, to be approved by the Mayor, conditioned that no intoxicat- ing liquors, cigarettes or cigarette papers shall be sold, kept or allowed to he drank in or about the premises designated in such application, that the applicant or applicants will keep an orderly house, and will not permit anyone to play at billiards or pool on br in said premises, or remain or lounge thereabout under nineteen (19) years of age, and that the applicant or applicants will not • • 140 Licenses. Pool and Billiard Halls. [Oh. 14,Art. 4 permit any gambling in or about said premises, and will in all' things faithfully observe the provisions of Ordinance No. 2018 of i said City, in relation to the business for which such license is asked; and, upon the granting of the license by the Mayor and Council, such bond shall be filed with the City Clerk and such Clerk shall issue such license, which shall be signed by the Mayor and said Clerk; but such license shall not be issued until such applicant or. applicants first produce and file with said Clerk the receipt of the City Treasurer showing the payment of the amount required to be paid for such license under this ordinance. 14-404. Violation; penalty; forfeiture of license. § 4. Any person or persons who shall violate any provisions of the foregoing sections of this ordinance, shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars ($50.00) and every day or part of a day that any billiard or pool table is used or run . without a license shall be deemed and held to be a separate offense within the meaning of this ordinance; and the Mayor and'Council shall declare the license held by such person or persons forfeited when such person or persons shall have been convicted of the violation of this ordinance, and such license shall thereafter be null and void, and an action shall at once accrue on the bond given by such person or persons. • 14-405. Playing on Sunday; •violation; penalty; license revoked. . § 5. That any person or persons who shall keep open or cause to be kept open any billiard hall, pool room, bowling alley or otheriplace where any billiard table, pool table or other gaming table or device is kept for pay, on the first day of the week, com- monly called Sunday, or between the hours of 11 P. M. and 6 A. M., or permit any game to be played therein on Sunday, or be- tween said hours of 11 P. M. and 6 A. M. shall he deemed.guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding fifty dollars ($50.00), and said license shall he revoked. 14-406. Persons under age of 19; playing prohibited; vio- lation; penalty. § 6. That any keeper of any place described in the last above section who shall permit or allow any person under the age of nineteen (19) years to play at or'take part in any game in any of said places, shall upon conviction be punished by a fine of not exceeding fifty dollars ($50.00). 14-407. Profane language, disorderly conduct, prohibited; keeper guilty; penalty. § 7. Any proprietor or manager in charge of any pool or billiard hall, knowingly permitting the use of any profane or indecent language or permitting any riotous or dis- orderly conduct in his place shall upon conviction be fined in any sum not exceeding fifty dollars ($50.00), and:such conviction shall be ground for the revoking of his license. Ch. 14,Art. 57 Licenses. Public Vehicles; Licenses in General. 141 14-408. Copies of ordinance posted. § 8. Any proprietor or manager in charge of any pool or billiard hall shall keep two (2) copies of this ordinance posted in a prominent place and in plain view in his pool or billiard hall at all times. 14-409. Minors not to loiter or congregate. § 9. No pool or billiard hall shall be run or operated in a room where minors are allowed to loiter or congregate. 14-410. Repeal prior ordinance. § 10. Sub-Section Four (4) of Section One (1) of Ordinance No. 795, passed and ap- . proved February 15th, 1892; Sections Seventeen (17) and Eight- , een (18) of Ordinance No. 635, passed and approved March 7th, 1888; and Ordinance No. 1417, passed and approved May 18th, 1908, are hereby repealed. - 14-411. Take effect. § 11. This.ordinance shall take effect and be in force from and after its publication once in The Salina Daily Union. Passed and approved, January 5th, 1917. J. E. PUTNA34, Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 5.—PUBLIC VEHICLES; LICENSES IN GENERAL. (See Article 6—Taxi Cabs and Article 7—Busses and Stages.) 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 provided; and it shall be unlawful for any person, firm or corpora- tion to drive or use any omnibus or other vehicle in the transporta- tion 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 business, or to merchants using their own wagons or vehicles for the delivery Of goods sold by them in the ordinary course of their business in said City (§ 1, Ord. 1552, 4-18-1910). 14-502. Application for license; habits of applicants. Every applicant for a license as driver or chauffeur of any vehicle 142 Licenses. Public Vehicles; Licenses in General. [Ch. 14,Art. 5 for the carriage of passengers shall present an application in writ- ing to the City Clerk, endorsed by not less than two responsible citizens of Salina, who shall certify that the applicant is a man of good habits, honest, sober and industrious, is more than eighteen years of age, is acquainted with the streets and public places of the city, and is a fit person in all respects to drive or use a passenger vehicle on the streets of said City; and it shall be the duty of said Clerk, upon receiving such application, to make diligent inquiry as to the character, sobriety and capability of the applicant, and if he shall find that said applicant is possessed of the requisite qualifica- tions he shall approve such application and issue such license; other- ' ' wise, he shall refuse such application by endorsing thereon his name and the word "refused" (§ 2, Ord. 1552,4-181910). 14-503. Clerk to issue license.. The license provided 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 shall recite the number of the license, the name of the.person to whom issued, the amount S 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 applying therefor shall produce to and file with the Clerk the receipt of the City Treasurer showing the payment of the amount required by this ordinance•to be paid for any such license (§ 3, Ord. 1552, Amd. by § 2, Ord. No. 1616, 717-1911). 14-504. Rates charged for licenses. The amounts to be paid for a license under Ordinance Number 1552, passed and ap- • proved 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 transportation of passengers for hire within' the City,of Salina, $30.00 per annum. or major portion thereof, for each such vehicle, provided that anv person licensing 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 trans- portation 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 passengers for hire with- in the City of Salina, $15.00 per annum, or major portion thereof- • .Ch. 14, Art. 5] Licenses. Public Vehicles; Licenses in General 144 • 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 per annum, or major or 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 $10.00 per 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 (§ 4, 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 issued under this ordinance for a less sum than the respective annual rates spec- ified in Section Four hereof, and every such license, when issued, shall be good for one year, or the major portion thereof, expiring for any such year, or portion thereof, on the last day of June or the last day of December next after the date of the issuance of any such license. All such licenses shall be non-assignable, but the same may be revoked by the Mayor and Council upon the con-, viction of the licensees of having.violated 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. Register of license. The City Clerk shall keep a register of the name of the person to whom any license'is issued- under this ordinance, and the name of the person to whom any assignment or transfer of any license may be made, the date when, issued or transferred, the amount paid for such license, the date of its expiration and a description of the vehicle licensed together with the character of business in whit such vehicle is to engage (§ 6: Ord. 1552, 4-18-1910). 14-507. Number of license on vehicle. Every person so licensed shall forthwith 'cause the number of his license to be • • • • 144 Licenses. Public Vehicles'; Licenses in General. [Ch. 14, Art. 5 plainly' displayed, in figures at least one and one-half inches in length, in a conspicuous place on the outside of each side of his vehicle, and on the lamps thereof, if such vehicle has lamps, and shall keep the same plain and distinct at all times when used, during the contimiance of such license; but upon the• expiration of such license, or upon revocation of the same, such person shall imme- diately cause the said number to be erased from the. said vehicle, and shall not allow said vehicle to be used with said number, such uniform numbers to be furnished by the City (§ 7, Ord. 1552, 4:18-1910). 14-508. Driver to wear badge. Every owner, driver or chauffeur of any licensed vehicle under this ordinance, shall, while acting as such; wear conspicuouly,.on his coat, hat or cap, a plated metal badge, of proper'size and shape, and'on said plate shall be engraved the• word: "Hack," "Express Wagon," "Transfer Wagon," or other word designating the kind of•vehicle which he is licensed to drive, and the number Of the vehicle, in figures large enough to be readily read and seen, and said badge `shall be pro- vided with 'a pin or other fastening by' which the same. may' be fastened to his coat, cap or hat, and shall be worn in a conspicuous place on the outside of the breast of the coat or the front of the' cap or hat so that it,may not be hidden either by accident or'design (§ 9, Ord. 1552, 4-18-1910). 14-509. Rates 'of 'fare. (§'10, Ord. 1552, Rep. by 'Ord. No. 2948. See § 14-605.) 14-510. Articles left in vehicle: Whenever any package or article of_baggage. or goods or merchandise of any kind shall 'he left by the owner'in or on any licensed vehicle, or when such pack- age or article shall be left iu the custody of the driver or chauffeur of any such vehicle, such driver or chauffeur shall, upon the dis- covery of such package or article, forthwith deliver the same at_ police headquarters,, unless such package or article shall be sooner delivered to the owner thereof. (§ ,11,'Ord.,1552, 4-18-1910). 14-511. Misinforming persons. No owner, driver or chauf-. feur of any licensed vehicle shall induce any person to employ him' dy either knowingly, wantonly or carelessly misinforming or mis- leading such person, either as to his identity 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). • ■ Ch. 14,Art. 5] - Licenses. Public Vehicles; Licenses in General. -1-0 _ • 14-512. Vehicles carrying passengers to or from points adjacent to City; vehicles running to fair grounds, etc. ' The owner of any automobile, hack, wagon or other vehicle, or the - chauffeur or driver thereof, carrying passengers for hire to or from Oakdale Park, the county fairgrounds, any show grounds or other places near or adjacent to the City of Salina, shall be required to pay the same license tax, to-wit: the sum of $30.00 for each automobile, and. $20.00 for each cab, hack, Wagon or other vehicle drawn by horses, as is required to be paid under this ordinance for other licensed vehicles of the same class; and any such person who shall fail, decline or refuse to pay such license tax shall be deemed guilty of a misdemeanor and upon convictiomfined in ally sum not exceeding one hundred•dollars' (§-14,:Ord. 1552, 4-18-1910). 14-513. Stands; Chief of Police- to designate; penalty. 'All vehicles required to be licensed under this ordinance are re- quired to and shall, when .unemployed, stand at such stands or places 'as may be designated from time to 'time by the Chief,of Police of the City of Salina, subject to the approval of the Board of Commissioners of said City, and subject to the' other provisions of this ordinance. Said Chief of•Police•is hereby authorized ann 'required to establish such stands for the use of licensed vehicles by designating as nearly as practicable places or stands on any street where such licensed vehicles may stand when unemployed, so as to best accommodate the public, and to change such, stands or places as the convenience of the public may require;" provided however, • that for sanitary reasons and on account of the menace to public .-health created therebv,'no transfer wagon, express wagon or dray, or-other vehicle drawn by horses or other animals shall be per- • 'niitted to stand, while unemployed, at any place on the following streets and avenues in the City Of Salina, to-wit:- On Fifth Street, Santa-Fe Avenue and Seventh Street between Walnut Street and Ash Street; on Walnut Street and Ash Street between Fifth Street and Seventh Street, and on Iron Avenue between the Bridge across the Smoky Hill River and Eighth Street. Any owner; (river, chauffeur or other person in charge of any vehicle mentioned and designated under this section who shall fail or refuse to obey the 'direction- of the Chief of Pollee as to standing his vehicle at any 'place or places' in'said City or who shall in any manner violate any of the provisions of this section shall he deemed guilty of a mis- demeanor and upon confliction thereof be fined in ally sum not exceeding one hundred dollai s ($100.00) for each offense (§ 16, Ord. 1552, Amd. by §"1, Ord. 2954, 3-12-24). • 14-514. Penalty; violation of Secs. 14-501 to 14-513. It shall be unlawful for any person to do any of the things herein- 146 Licenses. Public Vehicles; Licenses in General. [Ch. 14,Art. 5 • before 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 car- riage 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 it 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). Ordinance No. 3088. An Ordinance relating to licenses for vehicles for hire in the City of Salina. Be it ordained by the Board of Commissioners of the City of Salina, Kansas: ' 14-515. Metal license plates to be furnished. § 1. That Whenever under any ordinance of the City of Salina, Kansas, a license charge is required to be paid by the person owning or operating any vehicle for hire, including taxi-cabs, busses, drays, transfer wagons, trucks and other similar vehicles, the City Clerk: shall upon payment of any such license charge furnish to the per- son paying the same a metal license plate, which shall be fastened securely in some conspicuous place on the outside of the front or right side of the vehicle for which such license charge was paid. 14:516. License plate displayed. § 2. It shall be unlaw- ful for any person, firm or corporation to own or to operate on the streets of Salina any vehicle for which a license charge is required by the ordinances of the City of Salina without dis- playing thereon in the manner provided in Section 1 of this ordinance the .metal license plate mentioned in such section. 14-517. Changing license plate from one vehicle to an- other; license revoked. § 3. It shall be unlawful for any per- son, firm or corporation to display on any vehicle any license place issued by•the City Clerk upon the payment of the license charge for any other vehicle. Tf 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 he re- voked and no license shall thereafter during the same year be issued for such vehicle, and it shall be unlawful to drive or oper- ate any such vehicle on the streets 'of Salina, Kansas, for .hire after any such license is revoked and before a new license ix issued therefor. • • :Ch. 14', Art. 5] Licenses: Public Vehicles; Licenses in General. -14: 14-518. Violation of ordinance; penalty. § 4. In addi- tion to any other penalty herein provided any person, firm or corporation .who shall violate any of the provisions of this ordi- nance 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. 14-519. Take effect. § 5. This ordinance shall take effect and be in full force from and after its publication in the book ' of the revised ordinances of the City of Salina, Kansas. Introduced for first reading Feb. 23, 1925. Passed and approved March 2, 1925. J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. 14-520. Taxi cab driver, etc., convicted of speeding; un- lawful to drive for one year. That whenever any person shall have been convicted of three ; (3) separate violations of the general traffic ordinances of the City of Salina and such offenses shall consist either of operating a motor propelled vehicle at a rate of speed; in excess-of that prohibited by ordinance or of the careless or reckless driving or operation of a motor propelled vehicle, and such person shall be, at the time of the commission of such offense, engaged in transporting passengers. for hire with- in said City, either as owner or employe, then .upon and after such third final conviction, it shall be unlawful for such person to at,any time within one year succeeding the date of the com- mission of.the last of such three offenses to drive,or propel any motor driven vehicle for hire within, the corporate .limits of said City (§ 1, Ord. 2773, 5-21-1923). 14-521. Ordinance supplemental. § 2. That this ordi- nance is not intended to- operate in repeal of any other or- dinances or parts thereof (§ 2, Ord. 2773,5-21-23.): 14-522. Violation of Sec. 14-520; penalty. Section 3. That any person violating any of the terms or provisions of this or- dinance shall be deemed guilty of a misdemeanor and upon conviction shall he fined not more than Fifty Dollars 'for each separate offense(§ 3, Ord. 2773, 5-21-1923). - • • • 1.45 - Licenses. Taxi-Cabs. [Ch. 14,Art. 6 ARTICLE 6.—TAXI-CABS. (Published in the Salina Daily Union March 7, .1924.) • . Ordinance No. 2948. . •An ordinance regulating the conveyance of passengers for hire in the City of Salina; fixing fares and rates therefor;, pro- -viding for the licensing of taxi-cabs and the drivers thereof and the use of taximeters; prohibiting the use of taxi-cabs for certain purposes; providing penalties for the violation of this ordinance and repealing Section 10 of Ordinance No. 1552 and all other ordinances or parts of ordinances in conflict with this ordinance. . Be it ordained by the Board of Commissioners of the City of • .Salina, Kansas: • : 14-601. Taxi-cabs and taxi-meters; defined. § 1. When- :ever .used: in'this ordinance the following terms shall respectively l bedefined to mean: . • Taxi-cab. Any niotor driven passenger vehicle for which a charge is made for the carrying of passengers, except busses or =other vehicles operating between fixed points for which fixed charge is made for each passenger between such points. Taximeter. • A niechanical device affixed to a taxi-cab and designed to measure the distance traveled and to calculate the icharge therefor. • 14-602: ` Taxi-meters tested; fee. § 2. In addition to the • `reijuirenienfs and_provisions now existing (see License Ordinance, 'Sec. '14=504)-or hereinafter provided for no license shall be is- , sued for the operation of any taxi-cab within the City of Salina, when the same is equipped with a taximeter until such taximeter shall' have'been inspected, tested and approved by the License Inspector, as shown by a certificate of such Inspector, presented to the City Clerk at the time such license is applied for, and -until the owner or operator of such taxi-cab has com- plied with the provisions of Sections Three (3) and Four (4.) therefor, which said Meter shall be in operation on such taxi-cab when any such testis made. A fee of fifty cents (50c) shall he paid to the License ,Inspector for each inspection. Before any certificate shall he issued by him, and the certificate shall show the payment of such fee. 14-603. Application; license. § 3. No license for the operation of any taxi-cab shall he issued until the applicant there- for shall file with the City Clerk a written application containing . a description of such vehicle, the make and type thereof, its motor or serial .number, and the make and serial number of the taxi- Ch: 14,Art. 6] Licenses. Taxi-Cabs. 149 meter, if there_be one.thereon, and the license issued on:any such application-shall contain,such description. of any such;taxi-cab and taximeter, and shall apply.to and cover only the,particular -taxi- cab and taximeter described. It shall be. unlawful for any person •to use, drive or operate, either as owner, agent, employe ,_or manager of the owner any taxi-cab within the City of Salina which shall not have been so licensed, and both the• owner and driver of any such taxi-cab, if they be,different persons, shall be deemed guilty of. any violation of,the provisions of .this, section. Any applicant for any such license shall.first pay to they City,Cierk the .fee for such..license as now provided-.for,by ordinance,_ or •which may be hereafter provided for by-ordinance. 14-604. Insurance' or surety bond. § 4: ' It shall be un- lawful to operate a taxi-cab:ifor.hire-or permit' the same to be . operated,-nor shall any license be issued`hereunder until and'unleas the' applicant for,'license deposits'with the City Clerk a policy or certificate of liability_insurance td.ibe acceptable.to. and.approveçl by the Board of Commissioners and issued by a'-company au- thorized-:to do business in the State of:Kansass, and having an authorized representative:in-the City of Salina, indemnifying-the applicant against liability for damages•in` the sum of at least -Five . •Thousand Dollars ($5;000.00) :for: injury-:to one (.1) person or -Ten Thousand Dollars ($10,000:00) for -injury to more than one person, and One Thousand Dollars ($1,000.00) property damage in any one accident, through the operation'of •a taxi-cab of the applicant, or deposits, in lieu thereof;;the-bond of a'surety company.authorized to do business in the State of Kansas and having an authorized representative in the -City .of Salina; in- ,demni fying .persons who may be injured or whose property may be damaged •by the operation of any such taxi-cab in the same amount and conditioned that action may be'brought thereon by any person so injured or•damaged against said surety company for the amount of damage up to the amount named therein, any such bond or certificate of insurance to be approved by the Board of Commissioners. The policy of insurance or bond so deposited shall contain a clause obligating the company issuing fhe same `to give ten (10) days written notice 'before cancelling. thereof to.the City.Clerk, and the license for, the operation of such taxi- cab shall expire upon the lapse or termination--of 'said- policy or bond unless a new certificate or bond shall be filed and.,approved before the expiration of such ,period. • 14-605. Rates of fare. § 5.'`' -The-maximum rates of fare to he charged by or for the use of taxi-cabs-for conveying per- sons with-the usual hand baggage shall be as 'follows:: For the first mile or portion-thereof for one person, •thirty-five' • cents •150 Licenses. Taxi-Cabs. [Ch. 14,Art. C (35c) ;-for each succeeding one-half mile or any fraction thereof, ten cents (10c) ; for each four minutes or fractional part thereof over five minutes, waiting time, ten cents (10c) ; for each addi- tional passenger over one for the entire trip, twenty cents (20c), provided however, that no charge shall be made for the convey- ance of children under the age of six (6) years, when accom- panied by a person caring for same. No charge shall be rnada for stops occasioned by the driver himself or by reason of any .defect or improper working condition of the taxi-cab, nor shall' 'any.charge be made because of premature arrival upon a call. All charges herein are to be based upon the most direct route. It • shall be unlawful for any person owning, operating or driving any taxi-cab to charge, collect, receive or attempt to collect any rates in excess of the foregoing,.except when arrangements have been previously made, as hereinafter provided for. 14-606. Hourly rates. § 6. The owner, driver or other • person in charge or control of a taxi-cab_may, upon request of •a passenger, accept employment whereby the fare to be asked may -be computed at an agreed amount for the trip or by an hourly rental. 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 ris 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, collect or attempt to collect •any other additional charge. 14-607. Taxi-meters; approval; receipts. § 7. When- ever 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 not to exceed the rates provided for in this ordinance; shall be in proper mechani- cal condition and in operation at all times, and shall at the con- , elusion of each trip discharge a printed slip showing the distance traveled and the .fare, which shall be given to the passenger paying such fare. 14-608. Cabs without taxi-meters; charges; receipts. § 8. Whenever any taxi-cab shall not he equipped with a taxi- meter the, maximum rates of fare to be charged for the use thereof shall be the same as the rates provided for in Section S of this ordinance. Any taxi-cab not so equipped with a taximeter shall be equipped with a speedometer or other registering, meter, which shall accurately register and show the distance traveled, and such speedometer or meter shall be of a type which has what 'is known as a trip meter, which shall be turned to zero at the beginning of each and every trip. The driver of any such taxi= • 'Cb. 14,Art. 6] Licenses.' Taxi-Cabs. 151 .cab shall,:at the time.of taking on any passenger, set said trip meter at..zero-andthe. charge for any such trip shall be .based'- . upon the actual distance traveled in making any trip by the most direct route at the rate prescribed in Section 5. Any such regis- ,tering-meter shall be in all_respects subject to the same regula- tions and inspections as in this ordinance provided for in '' the case of.,taximeters, in so far as any such regulations and pro- visions for inspection may be made to apply. ,The.,driver of any such taxi-cab shall give to the passenger; paying, such,fare ,a receipt, which shall have printed thereon the name and the num- ber of such taxi-cab, and shall show ,the date :of' the trip, -.the _distance traveled, the point of beginning and_ destination, the number of persons carried and the charge for any, such trip, and the driver's number, and shall he, signed,by the;driver collecting such fare, such receipt to he in substantially the, following- form: Salina, Kansas. ,, (Taxi-Cab No. : . .) (Name of Owner) ' ,,, Date 19. : Trip from . . . ... . . . ... . .. . . . .. . . :.. : : To . .. Miles . . . harge $. : . . .':. . q No. of passengers'. .. '. . . . . . . . . . . .:...:. . . - • Driver No. • . , .. 14-609. More than one passenger:-..§ 9:. . If•the driver of a taxi-cab shall have taken on or contracted' with one passenger, he shall not thereafter take on or accept.;employment:by another -passenger until the first passenger shall have' been taken 'to his destination, except with the consent'of the"first "passenger, and in any such case the fare or the' rate'of :fare to be charged each such passenger shall be arranged for in .advance. 'In' no case :shall the'total 'amount .collected from-all of such passengers on -any such trip:be more than two-thirds (2/3) 'of the total amount Which would'',have been due from 'such' passengers` traveling in- dividually,.by the most direct.route from the, starting 'point to destination. " The term,'passenger used in this section-shall apply "to ahy group-of two-or more'passengers haviiig'the'same starting point and' destination. '` ' ;14-610. Taxi-meters incorrect.• §'1O. No 'person 'shall use or permit to be used upon ariy-taxiseah a'taxiineter or other registering meter which'shall be in such condition as to he over five per'cent" (5%) 'incorrect_to the'prejudice' of any passenger or which shall he•'operated from any wheel -to which the power is applied, or which has not been duly inspected and approved. 152 Licenses. Taxi-Cabs. [Ch. 14,Art. C• 14-611. Taxi-meters or speedometers, lighted at night. § 11. After sundown the face of every taximeter or other regis- tering meter shall be illuminated by suitable light so arranged as to throw continuous steady light thereon. 14-612. Meters kept in working order. § 12. No person shall use or permit to be used or driven for hire a taxi-cab equipped with a taximeter, the case of which is unsettled and not having its covers and gears intact, or .a taxi-cab without a- taximeter whose registering meter has not been examined and approved and which is not at all times in good working condition, or any taxi-cab, the use of which has not been duly licensed. 14-613. Taxi-meters; signals. § 13. No driver of a taxi- cab equipped with a taximeter while carrying passengers or under employment shall display the signal affixed to such taximeter in such position to denote that he is unemployed. While carrying passengers the signal must he iri such position that the taximeter record the distance traveled and the fare. When such driver is not employed said signal must be displayed in such position to denote that he is unemployed. No charge shall be made for the time .consumed in response to a call in returning to the place from which .such taxi-cab- has been called, whether the taxi-cal) • be equipped with a meter or not. 14-614. Inspection test and seal meters. § 14. It shall he the duty of the-License Inspector to examine, 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 improperly or inaccurately at any time_that he deems it necessary, it shall be the duty of said in- spector to immediately examine said taximeter or other register- ing meter, and in case it does not properly and accurately measure the distance traveled, and register the amount of fare, in the case of a taximeter, to be determined and charged therefor, then in • that event, it shall be unlawful for the owner or person in chargr of such taxi-cab to permit its use until such taxi-cab. is equipped with a taximeter or other registering meter, -approved by said 'license Inspector. For every inspection made by the License In- spector, as provided for in this ordinance, 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 in- spection is made upon complaint as herein provided and such :taximeter or other registering meter is found to be correct, said inspection fee shall be paid by the person-making said complaint and not by the owner or operator of such taxi-cab. • • • • • Ch. 14, Art. 61 Licenses. Taxi-Cabs. 153 14-615. ,Taxi-cabs numbered. § 15. Every taxi-cab that is authorized and licensed to operate in the City of Salina shall be assigned a number by the City Clerk of said City, upon a certificate duly issued by said License Inspector that such taxi- cab is entitled to a license and has paid the fee therefor, and it . 'shall be unlawful to operate a taxi-cab within the City of Salina unless said number be printed on each rear .side door and on .the rear of the said taxi-cab, the numerals to be used to be plain and legible block numerals at least two (2) inches in height, and one (1) inch between. •Each taxi-cab shall have painted thereon On each side the name of the person or company, owning and oper- ating the same; the lettere constituting said name shall be block letters and at least one and one-half inches in height. 14-616. Driver's licenses; fees. § 16. it-shall be.unlawful for any person to drive a taxi-cab within the City of Salina until and unless such persons shall have first secured from the City Clerk a license so to do. Every applicant for any such license shall first file with the City Clerk an application in writing, signed by the applicant, stating his age, name, present residence and occupation, and his residence and occupation for the pre- ceding two years, and shall have endorsed on such application the certificate of two reputable citizens of the City of Salina, to be approved by the City Clerk, and that;such applicant is a-person of good moral character. For each such individual license the applicant therefor shall pay to the City Clerk a fee of One Dollar ($1.00) for any license so issued, which shall entitle- the person receiving the same to drive a taxi-cab for hire within the City . of Salina until the first day of January next, after the issuing of such license, or until .the same shall he revoked, rescinded -or suspended, as hereinafter provided. If any such license shall be issued after the first day of July in any year the fee for a license - until the 1st day of January next thereafter- shall be one-half of the amount above prescribed. In addition to the manner and causes hereafter in this ordinance provided for, any license may be, at anytime revoked, rescinded or suspended by the Board of Commissioners- of the City of Salina, upon complaint filed in writing with such Board and after notice of the hearing of such complaint has been served upon such driver. - 14-617. Drivers wear badge; post name in vehicle. § 17. 'Every person who shall 'be granted a driver's license as provided for in the preceding section hereof, shall. be issued a metal badge -by the City Clerk, on which shall be' engraved or stamped the word, "taxi-cab" together with. the number of such license, and it shall be the duty of the person receiving Such badge to wear the same conspiciously, at all times while in'the performance- of 154 • Licenses. Taxi-Cabs. [Ch. 14,Art. 6 • his duties as such driver, and_it shall be the further duty of every person operating or driving•any taxi-cab to display inside:of such ..taxi-cab, a printed card or sign bearing the name of such driver and his license number in such a position as to be in plain view of the :occupants thereof, the letters and figures of such name :and,number to be not less than three-fourths inches in height. If ther.liceiise is revoked such badge shall be returned to the City Clerk:: 14.618. Taxi-cabs, maintained in good order, inspection, license revoked., § 18. Every taxi-cab licensed for operation Within the City'of Salina shall be, at the tine such license is is- sued, -and 'shall;:at'all 'times thereafter, be maintained in a good, sound, safe' and fit condition, both mechanically and otherwise for the,•use• in. the business of carrying passengers for hire, and -:it shall-be the duty of the License Inspector, before he shall' ap- 'trove. a (license of any taxi-cab, to examine every such vehicle -.as to ifs physical and mechanical •condition at the same. time of ,his inspection;-of the'taximeter or other registering meter, and to include-'in-his certificate a statement -as to his approval or re- • -jection of:the condition of such taxi-cab, and no license shall be E issued by the. City Clerk until such condition has been tapp'roved chy:(the:License Inspector. The decision of such License Inspector :with reference to such condition shall be final and conclusive, :except"that-the'• Board of Commissioners may, if they deem 'it iproper•.afid .necessary, by resolution, direct the issuing of a license ito'anyc'such':taxi-cab which may have been rejected'by such In- . . •spector. and:such-Board of:Commissioners may also, at any tine, inquire; with reference to the condition of-any such taxi-cab and • ';may at any time revoke the license of any such taxi-cab if in the :opinion of such Board :its physical or mechanical condition -ren- •ders it::unfit for use as a taxi-cab.`- • - 14-619. Taxi-cabs and drivers; clean;intoxicated. § 19. No person shall drive, ue'or'permit' to be used any taxi-cab which is in an unclean or unsanitary condition, and no person while in- toxicated or under the influence of intoxicating liquor or whose person or clothing are.in an'unclean or unsanitary condition shall drive any taxi-cab or vehicle.for hire_ within the City of Salina." 14-620: Refusal to'pay_fare. ,§ 20. It shall be 'unlawful :for any .person to reftise -to.pay the legal fare„for a_taxi-cab,.as prescribed in this ordinance;,after.having hired the same, and any person; ho shall hire any,taxi=cab•with the intention of defraud- • ing the person from',whom, the same is hired shall he guilty, of a misdemeanor. . Ch. 14, Art. 61 Licenses. Taxi-Cabs. •S:i6 14-621. Weddings and funerals, § 21. The provisions of this ordinance shall not include any passenger vehicle for hire while being used for service at funerals or weddings. 14-622. Violation of preceding sections. § 22. Any per- son violating or refusing to comply with any of the foregoing provisions of this ordinance shall be deemed •guilty of a misd - meanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) and each day during which such violation, failure. or refusal shall continue shall constitute a separate and distinct offense. 14-623. Taxi-cab for immoral purposes. § 21 It shall he unlawful to drive, operate or use any taxi-cab for the purpose 'of prostitution or transporting any person or persons from any place within the City of Salina to any other place within or. with- out said City or from any place outside of said City to any place therein for the purpose of prostitution, or to drive, 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. 14-624. Same; license suspended or revoked. .§ 24. 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 may be immediately suspended or revoked by the Board of Commissioners on the recommendation of the City Manager or on the motion of such Board and after any such suspension or revocation; any such vehicle shall not thereafter he used, operated or licensed for use within the City of Salina!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 revoked, without the issuance of a new license issued under the direction of the Board of Commissioners. When any such license is suspended or re- voked the City. Manager shall notify the City Clerk thereof and the City Clerk shall make a note thereof on his records and shall not thereafter issue a license for any such vehicle, except as pro- vided for herein. 14-625. Same; driver guilty; penalty: § 25. The driver of any taxi-cab used for any of the purposes mentioned in Sec- tion 23, 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 156 .Licenses. Taxi-Cabs. [Ch. 14,Art. f less than ten . (10), days nor more than sixty (60) days, or by both such fine and imprisonment. 14-626.. Revocation of licenses. § 26. If any driver of -any taxi-cab or other vehicle for hire shall be charged with the violation of any of the provisions of any of the foregoing sections of this ordinance, the City Manager of the City of Salina shall have the authority to suspend his license during the pendency of such charges, by a written order filed with the City Clerk and served on such driver, and. if any such driver shall be convicted of any such violation, the license of such driver shall immediately -stand revoked; rescinded and suspended, 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.until -or unless such right or privilege shall be specifically granted to him by the Board of Commissioners of the City of Salina and until the -revocation-of such license shall be set aside by such Board of Commissioners, =provided however, that in case of conviction of the violation of any of the provisions of Section 23 hereof, such revocation shall he permanent and the Board of Commissioners: shall, not there- after set aside such revocation or- grant, a license to any such driver. ,-.14-627. Driving after license revoked; penalty. § Any person who shall.drive any taxi-cab within the-City of Salina .after his individual driver's license shall have been rescinded, sus- pended. or•_ revoked,; or-who. shall- operate or direct or employ • any other person to drive or operate any taxi-cab, the license for which has been suspended, rescinded or revoked, while such re- scission, suspension or revocation is-in effect, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished in the same 'manner as provided for in Section 22 of this ordi- nance. 14:628. Terms of ordinance, apply to owners, agents, etc. § 28. Wherever in this ordinance the.owner or operator of any taxi-cab- is referred to, such term or 'terms shall apply to the agent, officer, manager or members of any corporation, firm or partnership, owning or operating any such taxi-cab and any such agent, officer, manager or member of any-such corporation, firm or partnership shall be,subject'to any and all of the penalties pro- vided for in this ordinance for theviolation-of any of the terms thereof by any,such owner or operator. 14-629. License Inspector; Building Inspector performs duties. § 29. The Building Inspector of the City of Salina shall, for the purpose of this ordinance. be' deemed and shall he ex- officio License Inspector and shall perform- all of the duties as Ch. 14, Art. 7] Licenses. Busses and Stages. 157 provided in this ordinance, to be performed by the License In- spector, and shall have all of the rights and privileges granted .by this ordinance to such License Inspector. Any and all fees collected by him, as such License inspector, shall be accounted for, provided however, that such Building Inspector shall act as such License Inspector and shall be deemed to be the License In- spector for the purpose of this ordinance only and until further provisions, for the performance of the duties of such office shall be prescribed by ordinance. 14-630. Prior ordinances .repealed. § 30. Section 10 of Ordinance No. 1552, approved ,April 18th, 1910, is hereby re- pealed and all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 14-631. Take effect. § 31. This ordinance shall take effect and be in force from and after March 20th, 1924, and after its 'publication once in the official City paper. Introduced for first reading, February 18th, 1924. ' Passed and approved March 3rd, 1924. (Seal) J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 7.—BUSSES AND STAGES. (Published in The Salina Evening Journal, Saturday, Dec. 13, 1924.) . Ordinance No. 3048. • •An Ordinance regulating licensing and limiting the operation of vehicles upon the streets and avenues of the City of Salina, Kansas, engaged' in the carrying of passengers for hire be- tween fixed points within the City of Salina, Kansas, or be- tween points within the City of Salina, Kansas, and without said City of Salina, Kansas, or between points wholly without the City of Salina, Kansas, but whose route lies over and through the streets and avenues within said City of Salina, and`providing penalties for the violation of this ordinance. Be it ordained by the Board of Commissioners of the City of Salina, Kansas: 14-701. Stages and busses defined. § 1. That the word "vehicle as used in this'ordinance shall include any vehicle, how- ever propelled, except such as run upon tracks or rails, employed , in the business of transporting passengers for hire between fixed points within the City of Salina, Kansas, or between points within the City of Salina,.Kansas and without said City of Salina, Kansas, or between points wholly without the City of Salina, Kansas, but 0 158 ,Licenses. Busses and Stages. [Ch. 14,Art. 7 whose route lies over and through the streets and avenues within said City, such vehicles being commonly known as busses or stages. 14-702. ' License required. § 2. No person, firm or cor- poration shall engage in the business of driving or operating any vehicle within the meaning of this ordinance and for the purposes hereinbe fore specified upon the streets and avenues of the City of • Salina, Kansas, without first procuring' from said City a license so to do, and paying the license fees hereinafter specified, and comply- ing fully with the requirements of this ordinance. 14-703. ' Application. § 3. Before any such license shall be granted to the;applicant therefor, such applicant shall file with the City Clerk a statement setting out the type of vehicle to be used, the make, horse power, factory number, •the state license number • ,thereof if a motor vehicle, the seating capacity according to its • trade rating.or the actual seating capacity thereof 'if the same be different from said trade rating, the name, age and 'residence of the person or persons to be in immediate'charge thereof as driver, and a statement showing that such person:has attained the age of at least '21 years, the qualifications and experience of said person • or persons, the name/of the Owner or owners of said vehicle or vehicles, the streets or avenues upon which it is intended to operate said vehicle;'which said statement shall be made on oath, and there shall he filed with the City Clerk a'schedule of all fares proposed to be charged, which schedule shall be considered as part of the . license if granted. • 14-704. Action by Commissioners. § 4. Such application and sahedules"shall''le submitted to the Board of Commissioners, who may grant or reject any such application and if rejected, other applications may be made and either granted or rejected. • 14-705. Fees for licenses. § 5. The owners of all vehicles procuring a license hereunder, after the application therefor has been approved as herein provided, and before any license is issued, shall pay to the City Clerk of Salina, in advance, an annual license fee for each vehicle as. follows: For each vehicle with a seating capacity of 7 passengers or less, $20.00; for each vehicle with a seating capacity of more' than 7 and not more than 16 passengers, $30.00; for each vehicle with a seating capacity of more than 16 and not more than 20 passengers, $40.00; and for each vehicle with a seating capacity of more than 20 passengers, •$50.00. All such license fees shall be due and payable on the 1st day of Jan- uary of each year or whenever during the year the operation of any such vehicle within the City of Salina is commenced, provided however, that after,the 1st clay of July one-half of the license fee above provided for shall be paid for the remaining portion of any such year. • • • 61.14, Art. 7] Licenses. Busses and Stages. 15!7 14-706. Issued by City Clerk; contents. § 6. The license as herein provided shall be issued by the City Clerk and signed by him, and shall describe and give the name of the owner or owners of the vehicle licensed and shall contain a description of said vehicle, stating the make, motor number, carrying capacity thereof, - and the state license number when ascertained shall be inserted therein, and shall certify that the owner or owners thereof have , complied with the provisions of this ordinance. 14-707. License posted in vehicle. § 7. The license so issued shall be posted in a conspicuous place in such vehicle and shall be carried therein at all times, and it shall he unlawful for any person, firm or corporation driving or operating any such vehicle to post or to carry in any such vehicle a license issued for any other vehicle. 14-708. Schedule of fares posted. § 8. After a license A has been granted to 'operate any such vehicle and before the same shall be driven or operated upon the streets or avenues within the City of_Salina, Kansas, a printed schedule of fares shall be posted in.a conspicuous place in said vehicle, and shall be kept so posted at all times while the same is in operation within the City of Salina, Kansas. 14-709. Changes in schedule or routes; notify clerk. § 9. Any person, firm or corporation owning or operating any such vehicle shall, whenever.a change is made in the schedule of rates or in the route within the City of Salina to be used or followed by said • vehicle or in the.person driving or in-charge of the same within the City of Salina, notify the City Clerk of said City in writing of such change and it shall be unlawful for any person, firm or cor- poration operating or•driving any such vehicle to operate or drive. the same within the City of Salina over streets other than those mentioned in the application for a license or in any written notice of change addressed to the City Clerk, except temporarily ar,Ld in case of an unforeseen emergency or to charge any other or different rates from those contained in any schedule of rates filed with the City Clerk of the City of-Salina, any such changes to be approved any vehicle which is being operated under the provisions of this ordinance shall be driven off of the route designated in the schedule required herein to be filed, for the purpose of taking on or dis- charging passengers, it shall be deemed to be operating as a taxi- by the Board of Commissioners. 14-710. Not to go off route.; ,deemed taxi-cab. § 10. If cab within the meaning of the ordinance of the City relating to taxi-cabs, and shall be subject to the payment of a license. fee as . required for taxi-cabs: but shall not for such reason be relieved of the payment of the license fee as required by this ordinance; and • 160 Licenses. • Busses and Stages. -.[Ch. 14,Art.. 7 if any such vehicle shall deviate froth the schedule on file for such purpose, without. complying with the ordinance relating to taxi- cabs the person or persons, firm or corporation driving or..operat- lug the same' shall he deemed guilty of a violation of the.ordinance -relating to taxi-cabs as well as of this ordinance. 14-711. Name of driver posted. § 11. There shall, at all times, be posted in a conspicuous place in any such vehicle, the name of the driver or person in charge of such vehicle at that par- ticular time, and it shall be unlawful for any person to drive or .operate any such vehicle unless his name is so posted therein. 14-712. Stop before crossing railroad tracks. § 12. . Any vehicle operating tinder the' provisions of this ordinance shall 'be brought-to a full stop before-crossing any street railway track or any track or series of tracks of any steam railroad and at all other place's where vehicles are required.to stop by the-Ordinances'of the • City-of Salina, Kansas. , - 1 14-713. Load and unload at.points designated by Com- missioners. § 13. Any person or firm or' corporation operating any vehicle:Within the meaning of this ordinance shall use such . streets and"shall load'and unload passengers at'such points' and places within the City of Salina as may be designated by'tne Board .'of Commissioners of said-City. '14-714. Not to operate after license-revoked. § 14. It shall be unlawful for any person, firm or corporation to operate'or ' • tor any agent, manager, officer, partner or other representative to 'permit"or direct the operation of any such vehicle after the license thereof has been revoked. 14-715. License fees to-Improvement Fund. •§15. All '•license fees collected under the provisions of this ordinance shall be'paid to the City Clerk of Salina; Kansas, and by him paid into the City Treasury to the credit of the General Fund and' the City Treasurer shall_ on the 30th clay of.June and the 31st'day of Dec cember of each year. transfer all such license fees so collected under the provisions of this ordinance to the Improvement Fund of said City to be used for the general upkeep and repair of the streets and avenues within the City of Salina, Kansas. 14-716. Vehicle inspected; certificate. § 16: No license. as herein provided for shall be issued until the applicant therefor • shall secure from the License Inspector of the 'City of Salina, whose duties''shall be performed by the building Inspector until otherwise provided by ordinance, a. certificate showing that such vehicle is in good, sound and safe.'condition, both mechanically and .otherwise for use in'the business of carrying.p assengers for hire, and the License.Inspector shall have authority at any time, after • • ch. 14, Art. 7] Licenses. Busses and Stages. 101 a license is granted, to examine and inspect any such vehicle. If on any such examination it shall be determined that such vehicle is in an unsafe or unsound condition mechanically or otherwise, or if said vehicle is not in a clean and sanitary condition any license which may have been issued for the operation of.such vehicle shall be revoked by the Board of Commissioners upon the recommenda- don of the License Inspector, and it shall thereafter be unlawful for any person to drive or operate.any such vehicle upon the streets, avenues or public thoroughfares of the City of Salina until a new license shall have been secured or until the order revoking any such license shall have been set aside by the Board of Commissioners. 14-717. Operation without license; penalty. § 17. Any • person, firm or corporation operating any vehicle as in this ordi- nance defined, or any agent, manager, officer, partner or other rep- resentative of any person, firm or corporation operating any ve- hicle, as in this ordinance defined, or who shall permit the opera- tion of such vehicle without having a license so to do as required herein, or without complying with the provisions of this ordinance, or who shall violate or permit the violation of any of the pro- visions of this ordinance shall be deemed guilty:of a misdemeanor and upon.conviction thereof shall be fined in any sum not exceed- ing $100.00 or be imprisoned within the City Jail for a•term not exceeding 30 days or shall be subject .to both such fine and im- prisonment and any or all licenses issued to any such person, firm or corporation may on account of such conviction be revoked by the Board of Commissioners of said City. • 14-718. Part of ordinance invalid; not affect rest. § 18 The holding or adjudication of any section or part of this ordi- nance to be invalid shall not affect the validity of any other section •or•part thereof, but all other sections and parts of this ordinance shall be and remain in full force and effect. • 14-719. Take effect. § 19. .This ordinance shall take effect and be in full force from and after the 1st day of January, 1925, and after its publication once in the official City paper. Introduced for first reading, November 17th, 1924. ,Passed'and approved, December 1,1924. J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City,Clerk. • • • • • • 162 Licenses. Junk Dealers, [Ch. 14, Art. S ARTICLE 8.—JUNK DEALERS. (Published in the Salina Daily Union, July 19, 1917.) Ordinance No. 2071. An Ordinance relating to Junk Dealers and Licenses therefor. Be it ordained by the Mayor and Councilmen of the City of Salina: 14-801. Licenses required. § 1. It shall be unlawful for any person, firm or corporation to carry on the business of a Junk Dealer or Shipper or Storer of Junk or of a Junk Collector or Peddler within the City of Salina, Kansas, without first having obtained therefor a license so to do as hereinafter provided. 14-802. Junk defined. § 2. Junk is hereby defined to be old iron, lead, brass, steel, copper or other metals or old machinery .or parts thereof, rags or bagging, rope, rubber, bones, paper, bet- , ties, and similar old materials. 14-803. Application; contents. § 3. Any person, firm or corporation desiring such licenses shall make application therefor in writing to the City Clerk, Such application shall.set forth the full name of applicant .together with his residence and location at which such junk is to be kept or stored, and the applicant shall not keep or store junk at any other location in said City. Such appli- cation shall he submitted to the City Council and if the Council shall approve such application and location it may order the issu- ance of license: 14-804. Premises kept clean; not exposed to public view. § 4. The place where such junk is kept or stored together with the junk therein shall at all times be kept in a sanitary condition and open to the inspection of any member of the Committee of Public .Health and Sanitation and the dealer shall not have or permit any junk to be exposed to the public view in any yard within said City. 14-805. License fees. § 5. The fee for such licenses shall be $100.00 per annum payable in advance and all licenses issued under this ordinance shall expire on the last day of June or De- cember, next after the same are issued. 14-806. Additional wagons; fees. § 6. No licensee here- under shall use more than one wagon' or vehicle for the collection of junk without obtaining from the City Council permission so to do, and shall pay for each additional wagon or vehicle so used the sum of $5.00 per annum. 'The license shall be issued by the City Clerk, signed by the Mayor and countersigned by the City Treas- urer and the City Clerk,shall upon the issuance of each .license hereunder deliver to the licensee,a license tag and number'for each wagon or vehicle, which license shall at all times be kept plainly • • Ch. 15:Art, 1] Misdemeanors and Offenses. General Misdemeanors 163 attached to the wagon or vehicle and which license tag and number •he shall surrender to the City Clerk when such license expires or is revoked or suspended. 14-807. Licenses suspended or revoked. § 7. Any :license issued hereunder may be suspended or revoked by the City Council upon the conviction in the Police Court of the said City of the licensee of any violation of the terms of this ordinance. 14-808: Sales within 48 hours prohibited. § 8. No licensee shall sell or.remove from the location in which any such junk is stored or kept any article of junk purchased by him until same shall have been in his possession for at least forty-eight (48) hours. .. 14-809. Violation; penalty. '§ 9. Any person, firm of corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be -fined in any sum not less than five dollars nor more than one hun- dred dollars for each offense. 14-810. Prior ordinances repealed. § 10. All ordinances and parts of ordinances in conflict herewith are hereby repealed. 14-811. Take effect. § 11. 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 16th day of July, 1917. (Seal) EUD MATHEWS, Mayor. Attest: CHAS. E. BANKER, City Clerk. CHAPTER 15.—MISDEMEANORS AND OFFENSES. Article 1.—General Misdemeanors.-15-101 to 15-174: 2.—Immoral Conduct.-15-201 to 15-216. . 3.—Intoxicating Liquors15-301 to .15-323. 4.Narcotic Drugs.-15-401 to 15-405. (For other misdemeanors, see general index under particular heads, such as Animals, Dogs, Building Codes, Fire Prevention, Licenses, Dances, Vehicles, Traffic, Streets, etc.) ARTICLE 1.—GENERAL MISDEMEANORS. 15-101. Mayor to offer reward. That the Mayor is hereby authorized to offer a ,reward, not exceeding twenty-five ($25.00) dollars, in any one case, for information resulting in the arrest and conviction 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 said City, as other claims are payable (§ 1, Ord. 1890, 9-20-1915). 164 `Misdemeanors and"Offenses. General Misdemeanors. •[Ch'. 15,Art.'1 15-102. Penalty where no other.provided. That when- ever any offense is declared by ordinance of this city to be a mis- demeanor and no punishment is prescribed by that or any other ordinance, the offender shall upon conviction be punished by im- prisonment not exceeding 90 clays or by a fine not exceeding ":$100.00 or by both fine and imprisonment (§ 48, 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 domestic 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.$50.09 20, 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 1st clay 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 $25.09 (§ 39, Ord. 635, 3-7-88). 15-105. Assault and battery; penalty. Every person who shall assault or beat or wound another so as not to constitute any _other offense under•the-ordinance: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 pistols; penalty. That every per- son'who shall sell, barter or give away any blank- cartridge pistols within the-City of Salina shall he deemed guilty of a misdemeanor. and upon.conviction shall be punished by a fine of not exceeding • $10.00 (§ 1;.Ord. 1135, 5-19-1902). • 15-107. B. B. guns prohibited. It is hereby declared to be 'a misdemeanor for ally person to discharge any air gun or gun 'commonly called `B. B.," shooting bullets 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 person discharging any such air gun or gun commonly called "B. B." shall, upon conviction in the police court be fined in any sum not less than $5.00 nor more than $10.00 or iniprisoned in the City `Tail not more'than ten days or both such.fine-and imprisonment may be-imposed (§ 2, Ord. 2019, 1-19-1917). - 15-109. Parent or guardian permitting.B. B. guns; pen'- 'alty. Any parent or guardian knowingly permitting a minor under Ch. 15.Art. 1] Misdemeanors and Offenses. General Misdemeanors 165 his care_ to carry, upon the public streets or alleys of the City of Salina, an air gun or gun commonly called, "B. B.," shall be • deemed guilty of a misdemeanor and upon conviction thereof in police court shall be fined in any sum not less than $5.00 nor more than $25.00 (§ 3, Ord. 2019, 1-19-1917). 15-110. Chimneys; brick required; penalty. That each and every owner of a building in the City of Salina, or any build- ing which is hereafter to be built within the corporate limits of said City be required to build or cause the same to be built, a brick Chimney in said building in each and every case where a stove pipe . would project through the roof or sides of said building. Every person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a tine not exceeding $50.00 (§ 44, Ord. 635, 3-7-1888). 15-111. Stove pipe through roof or sides of building pro- hibited; penalty. That any person who shall erect, 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 con- viction shall be punished by a fine not exceeding $50.00 (§ 45. .Ord 635, 3-7-1888).. 15-112: .Cigarettes and cigarette papers. It shall be un- lawful for any person, company or corporation to sell or give away any cigarettes or cigarette papers in the City of Salina, or to have any cigarettes or cigarette papers in or about any store or 'other place within said City for free distribution or sale (§ 1;Ord. 1951, .6-10-16). 15-113. Violation of Sec. 15-112; penalty. Every person, company or corporation violating any of the provisions of Section - 1 of this ordinance shall be 'deemed guilty of a misdemeanor and upon conviction thereof in the police court of said City shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars (§ 2, Ord. 1951, 6-10-16). 15-114. Disorderly conduct; profane or indecent lan- guage; exposure of person; penalty. That any person conduct- ing himself in a riotous or disorderly manner, or who shall openly use profane or indecent language, or indecently expose his or her person 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 inore than "$100.00 (§ 16,'Ord. 635, 3-7-88). - 15-115. Disturbing peace; penalty. Every person wiho shall disturb the peace and quiet o'f the City or any-lawful assem- bly of persons,'or any church or religious meeting, or of any house. family or neighborhood or person or persons shall be deemed guilty- • 106 Misdemeanors'and Offenses. General Misdemeanors. [Ch. 15,Art.'1 of a misdemeanor and shall be punished by a fine not exceeding • $100.00 (§ 1 Ord. 635, 3-7-88). 15-116. Drunkenness; intoxication; penalty. That every person who shall be found intoxicated in any street, alley or other place in the City of Salina shall be deemed guilty of a misdemeanor . and Upon conviction thereof shall be punished by a fine in any sum • not exceeding $100.00 or by imprisonment for not more than 30 days or by both fine and imprisonment (§ 1, Ord. 2461, Amd. § 1, Ord. 2549, 7-17-1922). 15-117. Food; selling decayed or unwholesome; penalty. That any person or persons who shall sell, or offer or expose for sale, any unwholesome, decaying or stale food or provisions of any kind, or who shall sell, or offer or expose for sale any adulter- ated milk, butter, lard or other article of provision, 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). 15-118. ; Food; milk diluted or adulterated, or from dis- .eased animal; penalty. That whosoever in the City of Salina, shall knowingly sell to, any person or persons, or sell, deliver or -bring, to be manufactured to any cheese or butter factory in this City any milk diluted with water or in anyway adulterated,.or milk front which any._,cream has been taken, or milk commonly known as skimmed milky or shall keep.back any part of milk known as stripping with intent. to defraud, or shall knos ingly sell milk the product of a diseased animal or animals, shall upon conviction there- of he fined in a sum not less than $25.00 nor more than $100.00 • (§ 1, Ord. 1268, 7-17-1905). •15-119. 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). . . . 15-120. Fireworks, .firecrackers, pistols, etc.; prohibited in certain part of City. That it shall be'unlawful for any per- son, at any time, to burn, set off, discharge, 'shoot or otherwise use any torpedoes, fire crackers or fireworks of any kind or cap,pistols, • ,blank cartridge pistols, canes or other similar articles or appliances • within that portion of the City of Salina within the following boundaries, to-wit: Commencing at the northwest cornet Of • Ch. 15,Art. 1] Misdemeanors and Offenses. General Misdemeanors 167 Seventh and•Elm Streets, thence east along the north line of Elm Street fo its intersection with the Smoky Hill River, thence in a - southerly direction up the west line of the Smoky Hill River to its intersection with the south one of Iron Avenue, thence west along • the south line of Iron Avenue to its intersection with the east line of the alley running north and south between Fifth Street and ' Fourth Street, thence south along the east line of said alley to its intersection with the south line of Walnut Street, thence west along the south line of Walnut Street to its intersection with the west line of Seventh Street, thence north along the west line of Seventh Street to the point of beginning (s; 1, Ord. 2959, 3-20- 24). 15-121. Violation of Sec. 15-120; penalty. That any per- sonviolating any of the provisions of the foregoing section of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined in any sum not to exceed $5.00 for each offense (§ 2, Ord. 2959, 3-20-24). • 15-122. Fire hose; driving over; penalty. That any per- son who shall drive any buggy, wagon, omnibus or other vehicle over, across or upon any hose belonging to the City of Salina at any time or in any place shall be deemed guilty of a misdemeanor and shall 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 imprisonment (§ 28, Ord..635, 3-7-88). 15-123. Gambling, letting premises to another for use as gambling house; penalty. That every person who shall know- ingly lease or let to another any room, house or other building for the purpose of setting 'up or keeping therein any gaming tables, gambling device, machine, instrument or contrivance for gambling or gaming or for the purpose or being used as a gaming house, shall on conviction be fined not less than $10.00 nor more than $50.00 (§ 11, Ord. 635, 3-7-88). 15-124. Gambling; keeping or maintaining gaming house or place; penalty; police authorized to enter; general reputa- tion of house .prima facie evidence. That any person or per- sons who shall open, keep or maintain any gaming house in the City of Salina or suffer or permit any description of gaming or gambling or playing any game of chance of skill for money, goods, .chattels, liquors or anything whatever in any dwelling house, store, grocery, tavern, inn, tent, booths shop or other tenement, building. or place by such person or persons occupied, used or possessed. shall be guilty of a misdemeanor and shall, upon conviction be fined in any sum not less than $20.00 nor more than $100.00 or be im- prisoned not exceeding 30 days or by both such fine and imprison- ment. Provided that the Marshal, Assistant Marshal or any • ;168 Misdemeanors and Offenses. General Misdemeanors. [Oh. 15,Art. 1 Policeman of said City or ally 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 shall have good reason to suspect guilty 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 person or persons, and, Provided further, that the general 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 (§ 12, Ord. 635", 3-7-88). ,15-125. Gambling; betting games of chance or skill;.pen- .alty. That every person or persons who shall bet or play at any game of chance or skill for any money, goods, chattels, liquors or other valuable 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). 15-126. Library; stealing or taking books from; penalty. Every person-who shall steal, take and carry away from the Pub- lic Library any book, pamphlet, periodical, paper or other prop- erty, and every person who shall take from the -Free Public Library any such-book,-pamphlet, periodical, paper or other prop- -erty in any manner except in accordance with the rules made by the Board of Directors of such Library,.shall be deemed guilty of a misdemeanor, and on conviction thereof shall he punished 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). 15-127. Library; failing to return books after notice; ,penalty. Every person who shall take, borrow or obtain from the ,Free Public Library any book, pamphlet, periodical, pacer 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, in accordance with the rules of the Library, shall be deemed guilty of a misdemeanor, and on con- viction 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). 15-128. Library; cutting or mutilating books, etc.; pen- alty. Every person who-shall willfully cut, mutilate, mark, tear, ,write upon, deface, or otherwise injure or destroy, in whole or in part, any book, pamphlet, periodical, map, document, picture, or written or engraved or printed paper. belonging to-the Free Public Library, or shall suffer any such injury to be inflicted while such property is in his custody, or shall wilfully injure or deface any 'Ch.'15,Art. 1] Misdemeanors and Offenses. General Misdemeanors •1657 of the furniture or property in the rooms of the Library, 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). 15-129. 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 Library (§ 4, Ord. 1027, 4-16-1900). 15-130. Minors; loitering or playing on streets after cer- tain hours. It shall he 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 tire night or after the hours herein specified (§ 1, Ord. 965, 5-18-1898). 15-131. • Minors; parents and guardians not to permit 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 places, 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). • 15-132. Violation of .Secs. 15-130 and 15-131'; penalty. Any person found guilty of violating any o'f the provisions of this ordinance shall be punished by arrest and fine of not exceeding $5.00 nor less than $1.00 (§ 4, Ord. 965, 5-18-98). 15-133. Minors; smoking or using cigarettes or tobacco in public place; penalty. ,Every minor who shall smoke or use cigarettes, tobacco or cigars.in any form on any public road, street, alley, park, or other lands used for public purposes within said City of Salina, or in any public place of business within said City, shall be deemed guilty of a misdemeanor and upon conviction thereof in the police court of said City shall be fined in any sum not more than $10.00 for each offense (§3, Ord. 1951, 6-10-16). 15-134. Minors;. furnishing cigarettes or tobacco to,.or permitting to frequent place.for purpose of using same; pen= • • 170 Misdemeanors and Offenses. General Misdemeanors.' [Ch. 15,Art. 1 • alty. Every person who shall ftirnish 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 cigarettes, cigars or tobacco in any form, shall be guilty of a misdemeanor and upon .conviction shall be fined in any sum not less than $25.00 nor more than $100.00 (§ 4, Ord. 1951, 6-10-16). 15-135. Medicines; distributing or throwing samples of; penalty. It is hereby declared to be a misdemeanor.for any per- son to throw, deposit, scatter or drop or to cause to be thrown, deposited, or scattered 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).. 15-136. 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, drink- ng fountain, sidewalk, bridge,or fence or building, any of which •may be located or situated, in any street or alley or other public •ground within the City of Salina; or upon any house, building, fence or structure 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 nor more than $100.00 for each offense. Any sign, bill, dodger, ad- .vertisement or notice.posted or maintained in violation of this ordinance shall be torn down 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 post- ing of legal advertisements at places, required or designated by law • or by ordinance (§ 2, Ord. 833, Amd. by §_1, Ord. 3066, 2-9- 1925). 15-137. Posters and bills; tearing down when lawfully posted; penalty. That any person'who shall tear down, deface, mutilate, obscure or otherwise injure ally written or printed poster or hand bill or other advertisement which shall have been lawfully • posted, nailed or otherwise posted for a lawful purpose within the 'City, shall be deemed-guilty of a misdemeanor, and, upon convic- Ch..15,Art. i] Misdemeanors and Offenses. General Misdemeanors 1:1. thin thereof, shall be punished by a fine of not less than one nor more than twenty-five dollars (sj 4, Ord.-1040; 8-20-00). 15-138. Post office; loafing or lounging in, or using inde- , cent or obscene language; penalty. It shall be unlawful for any person to loaf, lounge or utter any loud indecent or obscene language in or about the Post Office building or Post Office-lobby in the City of Salina, Kansas. Any person violating any of the provisions in this section shall be punished by a fine not,less than $5.00 nor more than $100.00 (sy 1, Ord. 427, Amd. b9 .§ 1, Ord. 548, 4-27=1887). • 15-139. Publications; magazines, etc., devoted to scan- dals, immoral conduct, etc. Every person who shall within the City of Salina, Kansas, publish, circulate, sell or offer for sale any newspaper, pamphlet, magazine or any other printed paper devoted largely to the publication of crimes, scandals, lechery, assignations, •intrigues between men and women and immoral conduct of per- sons, shall, upon conviction he punished as hereinafter provided (y 1, Ord. 792, 1-18-92). , 15-140. Violation of, Sec. 15-139; 'penalty. Any person • violating any of the provisions of this ordinance shall upon con- viction be punished by a fine in any sum not exceeding $100.00 or by imprisonment, not exceeding three months or by both such-fine and imprisonment (F 3, Ord. 792, 1-18-92). 15-141. Prize fight pictures prohibited; penalty. Any person or persons who shall exhibitor cause.to-be:exhibited in the City of Salina, in any;theatre, place, of-amusement.or other public place, pictures portraying any prize fight or pugilistic'-combat, shall be guilty of a misdemeanor and upon conviction thereof, shall • be fined in any sum not exceeding$100.00, or by imprisonment not exceeding 60 days in jail, or by both such fine and imprisonment (� 1, Ord. 1887, 9-20-15). • 15-142. Property; injuring or defacing; penalty. That any person who shall wilfully deface or injure any house, shop, .store, or other building, or any door,_ window; awning or other thing pertaining to a part of such house, shop,. store.or other building; or sever therefrom, or from any premises thereto apper- taining any gate or other portion of any enclosure or improvement of any kind thereunto belonging, of in any manner do injury thereto; or shall sever or destroy, or in any manner wilfully injure any tree, shrub or other produce thereof therein growing for use, shade or ornament,,shall be deemed guilty of a misdemeanor and, upon coin viction thereof, shall be punished,by a fine of not less than $1.00 • nor more than $25.00 (§ I, Ord: 1040, 8-20-00). • • 172 Misdemeanors and Offenses. General Misdemeanors. [Ch. 15,Art. 1 • • 15-143. Property on public streets; lamp posts, fountains, etc.; injuring or defacing; attempt; penalty. That any person who shall injure or deface any lamp post, watering trough, foun- tain or other work or ornament or utility erected or authorized by the authority of the City in or upon any of the streets or public places of the City or attempt to injure or deface the same or fasten any horse or other animal to the same, except to public hitching posts or frames constructed for that purpose shall be deemed guilty of a misdemeanor and shall, upon conviction be punished by a fine of not exceeding $25.00' (§ 24, Ord, 635, 3-7-88). • 15-144. Property; hydrants and water pipes; opening, in- juring, meddling with; penalty; exceptions. That any person who shall open any hydrant or unloose the bolts, screws or fasten- ings thereof or put anything therein, or wilfully, wantonly or care- lessly injure any. water pipes, or wantonly or mischievously handle or meddle with the same or any. part thereof within the limits of the City of• Salina shall be deemed guilty of a misdemeanor and shall upon conviction thereof before the Police Court be punished by, imprisonment for a term not exceeding 3 months or by a fine not exceeding $100.00 or by both such fine and imprisonment, pro- ,vided, that the provisions of this section with reference to opening and unloosening ,any bolts or screws and parts of, such hydrants or insertion of anything therein, shall not apply,to the Salina Water Works Company, its agents, successors or 'assigns, the members of the Fire Department of the City,-the officers or authorities of said City or to any person having lawful authority to open, repair, touch'Or control or tise""the' same (§ 25, Ord. 635, 3-7-88. See also §22-601). 15-1.45: Railroad,cars, etc.; hopping on or interfering. with same or with'property in care of railroad; penalty. That it shall be unlawful for any person, adult or minor to climb, jump, 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 com- pany or to interfere with anything belonging to said•engine or car as aforesaid on any railroad in the City of 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'c onsent of said railroad 'company. 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). 15-146. Railroad company •or employee; obstructing streets with trains, etc.; penalty. That it shall be unlawful, for any railroad company or any employee of any railroad company to • • obstruct public travel upon any street, avenue, alley or public place • Ch. 15,Art. 1] Misdemeanors and Offenses; General Misdemeanors 170 in said City' by operating its trains, engines, cars and other ma- chinery for a longer period than 5 minutes at any one time and'anv conductor, engineer,.brakeman, agent or other employee who shall • cause -such obstruction or who shall fail, neglect or refuse to remove the same: shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not exceeding $100.00 (§ 30, Ord. 635, 3-7-88). - 15-147. Railroad crossings; unlawful to disobey stop sig- • nals; penalty. Every driver of a vehicle and every pedestrian on the streets of the City of Salina when approaching a railroad'cross- ing 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 mis- demeanor and upon conviction thereof shall be fined in any sum not exceeding $50.00 (§ 1, Ord. 2638, 1-8-21). 15-148. . Resisting officer; penalty. That any person 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 $100.00 043, Ord. 635, 3-7-88). • - • ' 15-149. Riots; causing or participating in; 'penalty. Every person who shall cause or participate in any riot, riots, dis- turbance, affray or disorderly, assembly,-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). 15-150. River; bathing in Smoky Hill. That every•per- • son bathing in the Smoky Hill River in the City Limits at any hour between 5 o'clock A. M. and 9 o'cloek P. M. shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $20.00 (§ 40, Ord. 635, 3-7-88). 15-151. Sidewalks; streets; encroaching on or obstruct- ing. That every person who shall obstruct or encroach upon any sidewalk,. 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; Provided that wherever any obstruction may be found upon ally sidewalk, street. avenue, 'alley or in oilier public places in the City, it shall be the duty of the Marshal immediately to notify the owner or occupier Of the 'premises fronting thereon or the person placing. the same thereon to remove the same without delay, and upon failure so to do the Marshal shall have the obstruction removed at the expense of the owner or occupiers of the property and such expenses, if 1 7 Misdemeanors:and Offenses. General Misdemeanors. ' 1Ch. 15,Art. 1 • not paid, shall be a valid claim in favor of the City against such • persons, and provided further that persons occupying premises fronting thereon shall be permitted to occupy a space not exceeding • 3 feet wide on the inside of such walk for the purpose of display- ing 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 he actually necessary in receiving and shipping merchandise, and pro- vided further that any person erecting buildings in the. City may • , for the time occupied in their erection, and while it is necessary to do so, occupy-a reasonable portion of the streets and sidewalks in front of the same for receiving and delivering materials, but in no case shall he obstruct the ,gutter so as to prevent 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, construct,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 occupier of the property upon which the same are situated or the person in charge.of the excavation shall provide the same with sufficient guards to protect against accidents (§ 31, Ord. 635, 3-7-88)1 15-152. 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 • shald not, within.three hours after being notified by the City Mar- shal so to do, remove all snow, ice or dirt from said sidewalk shall be deemed guilty' of a misdemeanor; and, upon conviction thereof, shall he punished by a fine not exceeding $10.00 (§ 2, Ord. 1040, • -8-204400). • 15-153. 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 wilfully injure or destroy any sidewalk shall he deemed guilty of,a misdemeanor and upon 'conviction shall be punished by a fine of• not exceeding $50.00 ( • 35, Ord. 635, 3-7-88). 15454. Stakes or monuments marking boundaries or establishing grades removal; penalty. That any person or per- sons who shall injure, uncover, dig up, pull up or in any manner remove, deface or destroy any stake, .stone or monument estab- lished or located in any place in said City for the purpose of mark- ing the boundary of any lot, street, avenue, alley or public ground 'of said City, or established or located for the purpose of determin- ing the location of grades, shall be deemed guilty of a mis- • 'Ch. 11,,Art. 1] .Misdemeanors and Offenses. General Misdemeanors 173 demeanor, and, upon conviction thereof, shall be punished by a fine in any sum not exceeding $10.00 (§ 7, Ord. 1040, 8-20-00). 15-155. Stallion or jack; displaying in City; penalty. That every person who shall train or display any stallion or jack on any public street in this City between the Ist day of March and the 1st day of September in each year shall be deemed guilty of a. misdemeanor and upon conviction shall be punished by a fine not exceeding $10.00'(§ 47, Ord. 635, 3-7-88). 15-156. Stealing; money or property under $20.00; pen- alty. 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 larceny 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 (§ 42, Ord. 635, 3-7-88). • 15-157. Stealing fruit; penalty. That if any person or per- sons shall maliciously or niischieviously enter the enclosure of any person in the City of Salina and pick, destroy or carry away any apples, pear , 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 exceeding 3 months or by a fine not exceeding $100.00 or by both such fine and imprisonment (§ 4'1, Ord. 635,- 3-7-88). 15-158. 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 person, knowing that such goods, money or personal property has been so obtained, stolen or embezzled, shall be deemed guilty of a mis- demeanor and if any such person shall 'buy or receive any, goods, money or personal property so stolen, embezzled or obtained from a minor under the age of 16 years, such fact shall be prima facie 'evidence of knowledge, on the part of such person that the goods, money or personal property so bought or received were stolen, em- bezzled or obtained in a manner contrary to law (§ 1; Ord. 1939, -4-25-16). 15-158-a. Violation of Sec. 15-158; penalty. Any person 'found guilty of violating the provisions of Section 1 hereof shall be deemed guilty of a misdemeanor and shall be fined in any sum• •not less than $25.00 nor'more than $100.00 or imprisoned not less than 10 nor more than 60 days or by both such fine and imprison- ment (§ 2, Ord. 1939, 4-25-1916). • 176 • Misdemeanors and Offenses. General Misdemeanors. ' [Ch. 15,Art. 1 15-159. Streets and sidewalks; sweeping into or upon; penalty. It shall be unlawful for any person whomsoever to sweep, throw or deposit, in any manner, or cause the same to be done upon any sidewalk, bridge or street, or in or upon any alley, avenue or public park, or ground, or into or upon any lot, or piece of ground within the City of Salina, whether such lot shall belong to himself or another, any shavings, paper, paper cuttings, en- velopes, wrappers, wrapping paper, bills, dodgers, .advertisements, or any scraps, or anything whatsoever, which can be, or, is likely to be blown by the wind along the streets or walks, or from place to place. . Any person violating any of the provisions of this sec- tion, shall upon conviction thereof, he punished by a fine, of not less than $1.00 nor more than$100.00 for each offense (§ 3, Ord. 833, 6-23-1893). 15-160. Streets, alleys and public grounds, placing earth, . rubbish, etc., in; consent of city; penalty. It shall be unlawful for any person to place any earth, dirt, filth, trash, rubbish or refuse substances of any kind, whatsoever, or cause the same to be .done upon any street, alley, sidewalk, bridge or public grounds in .the City of Salina, without first obtaining the consent of the City Council so to do. Any person wha shall violate any of the pro- visions of this section, shall upon.conviction thereof, be punished by a fine of not less than $5.00 nor more than $100.00 far each offense (§ 4, Ord. 833, 6-23-93). 15-161:• Streets;. carcass of animal or offal; diseased ani- mals; penalty. .That any person or persons who shall drag or cause to be dragged along any street, avenue or alley of,the City of Salina between the hours,of 9 o'clock A. M. .and .9 o'clock P. M.'the carcass of any dead animal, or any offensive offal; or who • shall between said hours lead, drive or cause to be led or driven through the streets or alleys of said City any animal suffering with or having any contagious or dangerous disease, shall be deemed guilty of a'misdemeanor, and, upon conviction thereof, shall be pun- ished by a fine of not more than twenty-five dollars (§ 6, Ord. 10+0, 8-20-00). 15-162. Streets; depositing dead animals, filth, etc., in; nuisance; penalty. It is hereby declared to be a public nuisance for any person to place any carcass of dead animals, decayed veg- . etables, filth, cast off clothing or other matter likely to create sick- ness, or in any way prove detrimental to the public health, upon any street or alley in the City and any violation of the provision of this section is hereby declared a misdemeanor and shall be pun- ished by a fine of not less than $1.00 or more than $25.00 (§ 4, Ord. 702, 5-13-89). • Ch. 15,Art. 11 Misdemeanors and Offenses. General Misdemeanors 177 15-163. •Sunday; selling merchandise, etc.; penalty; ex- ceptions. That every person who shall sell or expose to sale any goods, wares or merchandise on the 1st clay of the week commonly called Sunday shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine of not exceeding $50.00, Provided that this section shall not he construed to prevent the sale of 'drugs or medicines, provisions or other articles of immediate necessity (§ 19; Ord. 635, 3-7-88). 15-164. Trees; injuring hitching horses; penalty. That • every person, except the oWner, who shall cut or in any way injure 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 saplings standing of growing as afore- said or to any boxing which may be placed around said trees or saplings for their protection shall be deemed guilty of a misde- meanor and upon conviction shall We punished by a fine of not exceeding $25.00 (§ 38, Ord. 635, 3-7-88). 15-165. Vagrancy; loitering; penalty. That if any person shall be found loitering or idling in or around any house of ill fame, gambling house or place where beer, ale, wines or liquors are sold or drunk 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 live- ' • lihood to the legitimate and honest, such person shall be deemed a vagrant and upon conviction thereof shall be punished 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). 15-166. Weapons; carrying concealed; penalty. That any person who is not an officer of the law, or a deputy to such officer, who shall lie found within the limits of this City carrying on his person in a concealed manner, any pistol, bowie-knife, dirk, sling-shot, knucks, or any other deadly weapon shall be guilty of • a misdemeanor, and on conviction be .fined in a sum not exceed- ing $100.00 or by imprisonment not exceeding three months, or by both such fine and imprisonment , at the discretion of the court (§ 21, Ord. •635; Amd. § 1, Ord. 1312, 6-18-06). 15-167. Wooden awnings prohibited; penalty. That it shall be unlawful to erect or construct any wooden awnings over any sidewalk or sidewalks within the fire limits of the City of Salina; and any person who shall construct or cause to be con- structed any such wooden awnings over any sidewalk or sidewalks within the fire'limits of said City shall be deemed guilty of a mis- 178 Misdemeanors and Offenses. General Misdemeanors. [Ch. 15,Art.-1 demeanor, and, upon conviction thereof, shall be fined in any 'suin'not exceeding $50.00 (5 8, Ord. 1040, 8-20-1900). 15-168. Escape from officer; penalty. Any person who shall escape by the use of force or otherwise from any officer of the said City of Salina, or other person having legal charge Of said person by virtue of any ordinance or judgment of 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.riot exceeding three months or by both such fine and imprisonment (§ 1, Ord. 651, 5-16-1888). 15-169. 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 any 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 imprisonment (§ 2, Ord. 651; 5-.16-1888).- 15-170. Taxi-cab drivers, etc., soliciting prohibited; blocking depot platforms; penalty. That any person soliciting for hotels, .soliciting for or .having charge of any wagon, hack, omnibus or any other vehicle, used in the transportation of pas- sengers, merchandise or baggage to or from the depots in this cit}', who'shall leave said vehicle used therefore, 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 conviction thereof shall be fined not less than Five Dollars or • more than One Hundred Dollars (§ 1, Ord. 653, 5-16-1888). 15-171. Oakdale Park;-entering without permission dur- ing entertainment. That from and after the publication of this ordinance, it shall be unlawful for any person or persons to enter into or upon the grounds known as Oak Dale Park in the City. of Salina, Kansas, during the time of any entertainment being held in.said park for which a charge is made at the gates thereof; with- out permission for said entrance from the gate-keeper or other person authorized to admit persons into said park at such time (S 1, Ord. 1010). . 15-172. Violation of Sec. 15-171; penalty. Any person. violating the provisions-of this ordinance shall be. deemed guilty • • • Ch. 15, Art. 2] misdemeanors and Offenses. Immoral Conduct. 170 of a misdemeanor and upon conviction therefor in the Police Court, shall be fined in any sum not exceeding Ten Dollars (§ 2, Ord. 1010). 15-173. Trespassing on parkway or yard; parking vehicle in front of residences; notice by resident. It shall be unlawful for any person to habitually trespass on or occupy the parkway between the curb and sidewalk immediately adjacent to any resi- dence, or the yard of any residence, after the owner or occa- pant of any such residence has notified such person not to do so; and it shall be unlawful for any person to habitually leave or park any vehicle in any street in the City of Salina outside of the busi- ness district as defined by Ordinance No. 1983 (Sec: 29-102), while the owner or person in charge of such vehicle is employed in the vicinity of the place where such vehicle is left or parked, after the owner or occupant of any residence immediately adjacent to that portion of the street in which such vehicle is left or parked has given the person so leaving or parking the same three days' notice in writing not to do so; Provided, that this ordinance shall not be deemed to repeal any existing ordinance and shall be deemed to be supplemental to any existing ordinance or law (§ 1, Ord. . . . ., 3-. .-25). 15-174. Violation of Sec. 15-173; penalty. Any person who shall violate any of the provisions of Section One of this Or- dinance shall be deemed guilty of a misdemeanor and on convic- tion shall be fined in any sum not exceeding $15.00 for each • offense (§ 2, Ord. . . . ., 3-. .-25). ARTICLE 2.—IMMORAL CONDUCT. 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, drawdy 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 as- certain that the said premises, land, lot or building is to be occupied or used and shall fail or neglect to immediately oust the occupants • 180 Misdemeanors'and Offenses. Immoral Conduct. [Ch. 16, Art. 2 • thereof, shall upon conviction thereof be fined in any scan not less than $50.00 nor more than $100.00 (§ 7, Ord. 635, 3-7-88). 15-203. House of prostitution; keeping or assisting; pen- alty. ' That any person who shall keep or maintain and any per- son who shall assist in keeping or maintaining in said City any house of prostitution, house of ill-fame, house of assignation, brothel,•bawdy house or house of like character shall upon convic- tion thereof be fined in any stem not less than $25.00 nor more than $100.00 or by imprisonment 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 intercourse, shall upon conviction therefore be fined in any sum not less than ten nor more than One Hundred Dol- lars (§ 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 prostitution, 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 intercourse, shall upor. conviction thereof be fined in•any sum not less than ten nor more than One Hundred 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 evidence 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 fore- going sections or of its inmates or residents thereof shall be prima facie evidence 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. per- son guilty of violating any provision of this ordinance and shall there and then arrest such person or persons (§.7, Ord. 190, 12- 18-76). • Oh. 15, Art. 2] Misdemeanors and Offenses. Immoral Conduct. • .181 15-208. Prostitutes; wandering on streets; soliciting patronage. It shall be unlawful for any prostitute or lewd woman ,or.any woman who is an inmate of a bawdy house, house:of pros- titution, house of assignation, brothel, or house of .bad repute,:to he found wandering about the streets or thoroughfares of the City or to frequent any gambling house, or for the purpose of pros- titution, to solicit patronage.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 do employ, procure or convey any prostitute to any house, 'room, public ground or any other place for the purpose of:pros- titution (§ 2, Ord. 702, 5-13-89). - - ' 15-210. 'Violation of Secs. 15-208 and 15209; penalty. 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 prostitute. It shall be unlawful for any procurer or procuress, pimp'or male person to in any manner solicit business or trade for any pros- titute or lewd women or other women for the'purpose of illicit sexual intercourse (§ 1, Ord. 1862, 7-16-15). • 15-212.- Violation Of Sec. 15-211; penalty. Any person violating_any of the provisions of this ordinance shall be fined in any sum not less than -twenty-five dollars nor.more than one nun- - dred dollars or'by imprisonment not less than thirty days nor more than ninety days,-or -by both such fine and imprisonment (§ 2, Ord. 1862, 7-16-15). 15-213: Occupying room, etc., for immoral purpose; 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, apartment, room or place for lewd and lascivious purposes 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. hot more than thirty (30) clays or by both such fine and imprisonment (§1, Ord. 2550, 7- 18-22). 15-214. Taxi-cabs; transporting persons for immoral pur- . poses. That it shall be unlawful for-any person to carry, trans- port, or convey, in any taxicab, automobile or other vehicle or conveyance, within the limits of the City of Salina, any persons • • 182 Misdemeanors and Offenses. Intoxicating Liquors. [Ch. 15, Art. 3 to any place within or without the limits of said City for the pur- pose of permitting such persons to engage in illicit or unlawful sexual intercourse (§ 1, Ord. 2836, 7-31-23; see also 14-623 to •14-625). 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 taxicab, automobile, or other vehicle or conveyance, to use or permit the same to be used for the transportation, carrying or conveying, within the City of Sa- lina, of any persons to any place for the purpose of engaging in illicit or unlawful sexual intercourse, whether such sexual inter- course actually takes place within or without the limits of said City, or to permit or allow any persons to engage in illicit or un- lawful sexual •intercourse in or on such taxicab, automobile or other vehicle or conveyance, or any part thereof (§ 2, Ord. 2836, '7-31-23; see also §§ 14-623 to 14-625). 15-216. Violation of Secs. 15-214 and 15-215; penalty. That any person violating any of the provisions 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 sum not less than $25.00 and not more than,$100.00, or impris- oned not less than thirty days nor more than ninety days, or shall •be subject to both such fine and imprisonment (§ 3, Ord, 2836, .7-31-23). • ARTICLE 3.—INTOXICATING LIQUORS. (Published in the Salina Evening Journal June 3, 1908.) Ordinance No. 1418. -An Ordinance relating to intoxicating liquors and prescribing - • penalties for violation thereof. - Be it Ordained by the Mayor and Councilmen of the City of Salina:: 15-301. Sale of liquors unlawful. § 1. It shall be unlaw-- ful for any person to sell or barter any spirituous, malt, vinous, fermented or other intoxicating liquors, in the City of Salina (§ 1, •Ord. 1418 Amd; § 1, Ord. 3074, 2-23-25). (§2. Repealed.) . 15-302. Intoxicating liquors defined. § 3. 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 he intoxicating liquors within • the meaning of this ordinance. • • • Ch. 15, Art. 3] Misdemeanors and Offenses. Intoxicating Liquors. 183 15-303. Giving away deemed.sale. § 4, The giving away of intoxicating liquor, or any shift or device to evade the provi- sions of this ordinance, shall be deemed an unlawful selling within the meaning of this ordinance. 15-304. Keeping place, § 5. 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 pur- pose of drinking intoxicating liquors as a beverage, or where in- toxicating liquors are kept for sale, barter or delivery, in viola- tion of this ordinance. 15-305. Club rooms. § 6. 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 beverage, or for distribu- tion, 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. 15-306. Common nuisances.. § 7. 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 purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter or delivery in ;violation of this ordinance, and all intoxicating liquors, bottles,,glasses, kegs; pumps, bars and other property kept in and used in maintaining such places, are hereby declared to be common nuisances, and shall be abated as such as hereinafter pro- vided. 15-307. Search warrants issued. § 8. Upon the filing in the Police Court of a complaint under oath, charging that a place is kept or maintained as a common nuisance by any person or per- sons, and that intoxicating liquors, kegs, pumps, bars or other property are kept or used therein in keening or maintaining such place as a common nuisance, a warrant shall be issued, command- ing 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 liquors, 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 subject to the order of the court. The complaint shall describe the place to be searched with sufficient particularity to identify the same, and shall describe the 184 Misdemeanors and .Offenses. . Intoxicating Liquors. [Oh. 15, Art. 3 intoxicating liquors or other property alleged to be used in main- taining the same as particularly 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 warrant the court shall proceed as in other cases against the person or persons arrested. • 15-308. Liquors seized; how disposed of. § 9. 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 defendants in such action, and to all persons claiming any interest in the intoxi-. cating 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 intoxicating liquors or other prop- erty, and show cause, if any they have, why the same should not be adjudged forfeited and ordered destroyed. The notice shall be served upon the defendant or defendants in the action by delivering a copy thereof to each defendant, or by leaving a copy thereof at his usual place of residence, if they be found within the jurisdiction of the court, and a copy thereof shall also be posted in a con- . spicuous 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 answering 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 oppor- • tunity for all persons interested to appear and answer. At or before the time fixed by notice, any person claiming an interest in the •intoxicating liquors 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 allegations o,f 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 Attorney to appear and adduce evi- dence in support of such allegations. 15-309. Liquor destroyed. § 10. If the court shall find • that said intoxicating liquors or other property, .or any part there- of, were, at the•time the complaint was filed, being used in main- taining a common nuisance, he shall adjudge forfeited so much - thereof as he shall find was being so used, and shall order the officer in whose custody it is to publicly destroy the same; so • • • Ch. 15, Art. 3] ',Misdemeanors and Offenses. Intoxicating Liquors. 185 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 establishing 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 know- ingly 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 main- taming 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 becom- ing 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 per-• son 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 Dollafs, nor less than double'the costs adjudged against him, conditioned that he will prosecute his appeal without' unnecessary delay and that if judgment be rendered against him on' appeal he will satisfy the judgment and costs. No bond shall be required for an appeal by the City, and such appeal shall stay the execution of the judgment. • • 15-310. Persons leasing building; guilty. § 11. Any person who knowingly permits'any building or tenement 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 measures to eject there- from the person so using the same, shall be deemed guilty of assist- , ,ing in maintaining such nuisance. 15-311. Violation; penalty. § 12 1 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 offense, ' 186 Misdemeanors and Offenses. Intoxicating Liquors. : [Ch. 15, Art. 3 and payment of the costs, and shall.be committed to prison until such fine and costs are paid. 15-312. Repeal. § 13. All ordinances and parts of ordi- nances in conflict with this ordinance are hereby repealed. 15-313. Take effect. § 14. This ordinance shall take effect and be in force from and after its publication in the official city paper. 'Passed and approved May 18, 1908. (Seal) D. W. HILLS, Mayor. ' Attest: A. W. GODFREY, City Clerk. (Published in the Salina Daily Union, March 17th, 1917.) Ordinance No. 2029. • An Ordinance relating to intoxicating liquors. - • Be it. Ordained by the Mayor and Councilmen of the City of Saliba: 15-314. Possession of intoxicating liquor. § 1. 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 per- sonal•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 furnish intoxicating liquors to another, except druggists or registered pharmacists as • hereinafter provided; 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 imprisonment not less than thirty (30) days nor more than six months. . . • 15-315. Transportation of intoxicating liquor. § 2. 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 when intended for personal use; and it shall be unlawful for any common carrier, its agent or employee to deliver any intoxicating' liquors that may be in its possession to any person for any cur- pose whatsoever. Any person violating any of the provisions of this ordinance shall, on conviction, he adjudged guilty of a misde- meanor 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. • • Ch. 15. Art. 3] Misdemeanors and Offenses. Intoxicating Liquors. 187 15-316. Liquors received from carrier or other person. 3. It shall be unlawful for any person in this City to receive, directly or indirectly, intoxicating liquor •from a common carrier • Jr other carrier or person, and it shall also be unlawful for any person in this City to possess intoxicating liquors received di- .rectly or indirectly from a common carrier, other carrier or per- son. This section shall apply to such liquors intended for per- sonal use as well as otherwise and to interstate as well as intra- state carriage. Any person violating any of the provisions of this section shall lie deemed guilty of a misdemeanor and on con- viction shall be fined not less than $100.00 nor more than.$500.00 ' and be imprisoned not less than thirty clays and not more than six months. 15-317, Wine for communion purposes excepted. § 4. Nothing in this ordinance shall be construed to prevent any. regularly ordained minister or regular priest of any church from receiving or possessing wine for communion purposes or'to pro- hibit any common carrier from receiving such wine for shipment and delivery to such regularly ordained minister or priest for such communion purposes; but the person receiving such wine for com- munion 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 statement shall be, by said common carrier filed with the County Clerk of the county in which the delivery is made within ten days after being made by the person receiving such wine. A common carrier delivering such wine without taking such statement and any person making a false statement, shall on conviction 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 by imprisonment not less than thirty (30) clays nor more than six months. 15-318. Not apply to wholesale or retail druggists; con- ditions. § 5. Nothing in this ordinance shall be construed as prohibiting any person, co-partnership or corporation engaged in the wholesale drug business and having a stock, exclusive of • • alcohol, of not less than $20,000.00, from selling alcohol for medicinal and scientific purposes to hospitals, schools and manu- facturers provided for in Section Six (6), and to pharmacists who are actually and in good faith engaged in the retail drug busi- ness and nothing herein provided shall prevent any such person; co-partnership or corporation engaged in the wholesale drug busi- ness from receiving alcohol in quantities for the purpose of selling • • 188 Misdemeanors and Offenses. Lrtoxicating Liquors. [Ch.-15, Art. 3 the same to registered pharmacists 'as hereinbefore provided; and nothing herein contained shall be 'construed as prohibiting a cora- mon carrier from delivering to such person, corporation or co- partnership engaged in .the wholesale drug business or to such registered pharmacists 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 ally 'such registered pharmacists, 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,corn- . .mon carrier; and provided, further, that any common carrier whn shall make delivery to any registered pharmacist without the state- - :meiit above required, or shall-make delivery to•any registered phar- macist 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 statement to said common carrier, and any person, co-partnership or corporation en- gaged in the Wholesale-drug business as herein provided, who shall receive-or sell any alcohol except-as-herein provided, shall on con- -viction lie adjudged•guilty of a misdemeanor and be punished by • a fine of'not less-than $500.00 and not more than $2,000.00 and by imprisonment not less than.sixty (60) clays, nor more than -otie.year. ' - •- 15-319: Hospitals.excepted. § 6. Nothing in this ordi- ` •nance shall be..construeil as prohibiting aiiv' regularly established :hospital, that is -engaged in caring for the sick or-injured, or any •school providing a medical; -scientific or mechanical course; or any • -person, company or corporation regularly engaged in manufactur- ing, from buying, receiving- and possessing such amounts of alco- 'hol'as are'.necessard for their.respectibe 'needs for medicinal, me- chanical and scientific purposes only; and nothing herein con- - . rained shall be construed as'prohibiting a common carrier from delivering to the above mentioned' hospital, schools or manufac- turers, or their authorized agent, the alcohol as herein provided tor; provided,,'that before any-such. alcohol shall be delivered to -any 'such hospital, school or manufacturer; or authorized agent. . such 'hospital, school'or manufacturer 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 withthe Codhty Clerk of the county where "such•delivery is,made; within ten days' from the-date of its filing • Ch. 15, Art. 3] Misdemeanors and Offenses. Intoxicating Liquors. 1St) with the common carrier. A common carrier delivering such alco- hol without taking such statement and any person making a false statement, shall on conviction, be adjudged gifilty 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 medicinal, mechanical or scientific purposes as hereinbefore set forth, that shall sell, 'give away or permit to be sold, given away or carried away, alcohol secured 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 corporation so convicted, shall; in addi- tion to punishment above described, forfeit the right, from the date of such conviction, to purchase, secure or have on hand any alcohol. - 15-320. Part 'of ordinance held. void. § 7. : If for any reason any part of this ordinance shall be held void, such holding shall not invalidate any other portion of this ordinance. 15-321. Ordinance supplemental. § 8: This ordinance shall be considered as supplemental to ordinances now' in force- ' relating to intoxicating liquors. 15-322. Take effect. § 9. This ordinance shall take effect and be in force from and after its publication once in The Salina Daily Union. Passed and approved, March 9th, 1917. • (Seal) J. E. PUTNAM, Mayor. Attest: CIIAS. E. BANKER, City Clerk. 15-322. Manufacture of intoxicating liquor; unlawful. • § 1. That it shall be unlawful for any person to manufacture or to aid, assist or abet in the manufacture of any spirituous, malt, vinotts, fermented or other intoxicating liquor or liquors in the City of Salina, Kansas (§ 1, Ord. 2379, 3-26-1921). 15-323, Violation of Sec. 15-322; penalty. § 2. Any per son convicted of a violation of Section 1 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall he 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). • • 190 Misdemeanors and Offenses. Narcotic Drugs. [Ch. 15, Art. 4 • ARTICLE.4.—NARCOTIC DRUGS. (Published in The Salina_Evening Journal, January 30, 1924.) Ordinance No. 2916. An Ordinance prohibiting the possession, bartering, sale, exchang- ing or giving away of opium or coca leaves, or any corn- ' pound salt, derivative or preparation thereof or of other nar- cotic drugs mentioned in said ordinance, and making the vio- lation thereof a misdemeanor and providing for a penalty for such violation. 15-401. Drugs; possession or sale unlawful. § 1. That it shall be unlawful for any person to keep or have in his posses- sion or under his control for personal use or otherwise any opium, coca leaves, or any compound,.salt, derivative or preparation there- of or any other narcotic including morphine, heroin, cocaine or codein, and such possession shall be presumptive 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 con- trolled by him, or to_sell, give away or furnish any of said drugs to another, except physicians, dentists, veterinary surgeons, and registered pharmacists as hereinafter provided. 15-402. Exceptions; physicians, druggists, etc.; prescrip- tions. § 2. 'Nothing in the preceding section hereof 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 arti- cles 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 preceding section apply to the dispens- ing 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 prac- tice only, provided that such physician, dentist, or,veterinary sur- geon shall keep a record of all such drugs dispensed or distributed in accordance with the provisions of Section 65-616 of the Re- vised Statutes of Kansas,' 1923; nor shall anything in said pre- ceding section apply to the sale, dispensing or distribution of any of the aforesaid drugs by a registered pharmacist to a consumer • under 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 he signed by the physician, dentist or veterinary surgeon, who shall have issued the same, and provided further, that such registered phar- macist shall preserve such on the blank provided for by Section 65-616 of the Revised Statutes of Kansas, 1923. Ch, 161 Nuisances. 191 15-403. Exceptions; amount of thugs in prescriptions. l4.3. The provisions of this ordinance shall .not be construed to apply to the sale, distribution, giving away, dispensing or posses- - sion of preparations or remedies which do not contain ',more -than two grains of opium, or more Th than one-fourth of a grain of heroin, or more than one grain of codeine, or derivative 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 prepara- tions 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 syn- thetic substitute for thean, ,Provided that such remedies and prepel arations- are sold, distributed, given away, dispensed or 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.co-,• Caine. • 15-404. Violation; penalty. § 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in anyi 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: line and imprisonment. - 15-405. Take effect. § 5. This ordinance shall take effect' and be in full force from and after its publication once in the offi= cial City paper. • Introduced for first reading, January 14th, 1924. Passed and approved, January 28th, 1924. • .(Seal) J. S. HARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. CHAPTER 16. -NUISANCES. • • (For other Nuisances, see General Index under head of Nuisances.) 16-101. Committing nuisance; Tenafly; order of abate- ment. 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 knowingly. permit any public nuisance upon any premises 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 • • • 192 Nuisances. •[Ch. IC • act which shall have•been by ordinance 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 abatement of the nuisance if still existing, a part of the judgment and necessary ex- pense of such removal or abatement shall be taxed and collected with the other costs in the case (§ 23, Ord. 635, 3-7-1888; Amend- ing Ord. 38). 16-102', When abated at expense of City. Whenever any offense against the provisions of this ordinance shall come to the knowledge of the City Marshal 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; nuisances; pen- alty. That rank' grass, weeds and other vegetation growing, standing or being upon any lot, parkingor 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 with- in the corporate limits of said City, are hereby declared to be pub- , lie 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 mis- . demeanor, 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). 16-104. Same; how abated. Whenever the Sanitary and ' Health Officer of the City Council of such City shall file with the City Clerk its statement in writing that such nuisance, rank vege- tation or pond of water, describing the same and where located, • is a nuisance and dangerous to the health of the 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 therein described as a nuisance, within a time to he specified 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- . resident, 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 things described in said notice as a nuisance,• • • Ch. 17,Art. 1] Parks. Kenwood Park. 193 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 col- lected and paid (§ 2, Ord. 1911, 7-20-1903; see § 20-202). CHAPTER 17.—PARKS. Article 1.—Kenwood Park.-17-101 to 17-107. 2.-Riverside Park.-17-201 to 17-204. 3.—Oakdale Park.-17-301 to 17-318. 4.Park in Highland Court.-17-401. 5.—City Park.-17-501. ARTICLE 1.—KKNWOOD PARK. (Published in Salina Daily Union, Aug. 11, 1917.) Ordinance No. 2076. • An Ordinance providing, for the acquiring by purchase 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 acquiring 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 said 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. § 1. That that tract or parcel of and 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 sufficient war- ranty.deed conveying the said property to the City'of Salina, Kan- sas, to be used as a public park. 194 Parka. Kenwood Park. [Oh. 17, Art. 1 17-103. Take effect. § 2. This ordinance shall take effect and he in full force from and after its publication once in the offi- cial City paper. • Passed and approved this 6th day of August, 1917. Eno MATHEWS, Mayor. Attest: CHAS. E. BANKER, City Clerk. (Published in the Salina Daily Union, October 6th, 1917.) Ordinance No, 2095. An Ordinance providing for the purchase of certain land and pro- viding for the payment therefor. 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" described by metes and bounds as follows:—Commencing at a point 718 feet East and 164% feet South of the Northwest corner of the junc- tion 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 south westerly direction up the center. of the channel of said ra- vine 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 Avenue, thence East.along 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 channel of said ravine to a point 50 feet .East of the place of beginning, thence west to the place of beginning, said last named point being also the southeast corner of lot 12 in Smith and Colvarts addition to Salida, Kansas. The foregoing tracts of land are located in the. east one-half of the southwest quaiter of Section 13, Township 14, South of Range 3 West of the 6th P. M. And whereas, the owners, Alfred Bertram Walter and Ro- berta.J. Walter have agreed to sell said land to the City of Salina for the sum of $250.00, and • • Ch. 17, Art. 2] Parks. Riverside Park. • 195 • Whereas, in the judgment of the Mayor and Councilmen 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 17-105; Purchase authorized. § 1. That the City of • Salina, Kansas, should and does hereby purchase from Alfred Bertram Walter and Roberta J. Walter all of that tract or lot. of 'land hereinbefore described, the same to be used for the purpose of acquiring an entrance and otherwise improving Kenwood 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 Treas- urer 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 execution and delivery to the proper officers of the City of Salina, Kansas, of a good - and sufficient warranty 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 offi- cial City paper. Passed and approved this October 1, 1917. EDD MATHEws, Mayor. Attest: CHAS: B. BANKER, City Clerk. 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, Kan- sas, 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 authorize the Mayor and Council of said City to issue the bonds of said City in said sum for such purpose, now, therefore, , 196 Parks. Oakdale Park. [Ch. 17, Art, 3 ' 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 purchase 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 execution and delivery of a good and sufficient deed of general warranty with abstract showing merchantable 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. Gebhart the bonds of said City of Salina, Kansas, in the sum of Five Thousand ($5,000.00) Dollars,,bearing interest at the rate of four and one- half (434) per cent per annum, payable semi-annually, said bonds to be.dated May 1st, 1920, and due five 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 offi- cial City paper. Passed and approved this 19th day of April, 1920. EDD MATHEWS, Mal/0r. Attest: CHARLES E. BANKER, City Clerk. ARTICLE 3.—OAKDALE 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 Agricultural, Horticultural and Mechanical As- sociation in accordance with the terms of •deeds from the owners of said land record in the office of the Register 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 be- ' ing 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 entered into in triplicate upon this 21st day of March, 1922, by and between the Saline County Agricultural, Horticultural! and Mechanical Asso- ciation, 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, herein- after 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 municipal corporation, herein- after referred to as the party of the fourth part; witnesseth: • Ch. 17,Art. 3] Parks. - Oakdale Park. .197 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, Kansas, commonly known and called and hereinafter referred to.as Oak- , dale Park; and being more particularly described as follows, to- wit: • 17-302. Legal description: All of the several tracts of land mentioned in the following description numbered one, two and three:respectively, viz: Number One. Commencing at the North-west corner of the South-east Quarter of Section 13, Township- 14, Range 3 west, thence east on the Quarter Section line 8 chains to the center of the Smoky Hill River; thence south-westerly down the center of the channel of the River to a point where the west boundary line of the South-east Quarter of Section 13, Township 14, Range 3 West intersects said River; thence north 6 chains to the place of '. beginning. Containing 2.4 acres, more or less; in the north-west part of the South-east 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 South-west 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 said River intersects the north boundary line of the South- west Quarter of said Section, thence east to the place of begin-. ning, being all that part-of the South-west Quarter of`Section 13, Township 14, Range 3 West included in Oakdale Park. Number Three. A part of the North-east 'quarter of Section , 13, Township 14, Range 3 West, described as follows, viz: Conn mencing at a point 45 feet 'south of 27 feet east from the South- east 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 Quarter Section; thence west 528 feet on the Quarter Section line of the South-west 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.. .198 Parks. Oakdale Park. [Oh. 17,Art. 3 Also the following described lots situate in the City of Salina according to the original plat of said City now on file and of rec- ord 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 whereas, the beneficial interest and management, use, occupancy, 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 manner, 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 improving 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 enabled by law to expend money to equip, improve and maintain the buildings and structures in said park, situate, for use for agricultural fair purposes and to con- struct 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 fur- ther consideration of the mutual promises, covenants and agree- ments of the parties hereto as hereinafter set out and contained, it is hereby mutually 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 particularly described, for general public City park purposes for the terni 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 re- rewal for such further time as may be agreed upon by the parties to the within agreement. 17-305. Reservations; use by first party. 2. It is under- stood and mutually agreed that the parties of the fourth and sec- Ch. 17; Art. 31 " Parks'. 'Oakdale Park: 193 and parts hereby strictly reserve 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 agricultural fairs and entertain- ments to the same effect and extent as said park and its appurte- nances has been for said purposes heretofore occupied and used by the party of the first part, and that the occupancy, 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 noth- ing herein contained shall be construed.to 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 men- tioned, and particularly in consideration 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 here- after at its cost and expense tend, care for and maintain the grass, shrubbery, flowers, trees and grounds of said Oakdale Park in good condition and shall 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, flowers, shrubs and trees there- in, to the end that said park may be' maintained in a beautiful and attractive manner; and for the same consideration the party of the fourth part coyenants and agrees that it will, at its cost-and ex- pense, improve and maintain 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 he released from keening up the camping grounds . and athletic grounds in said Oakdale Park. 17-307. Buildings repaired and maintained. 4. The party of the third part for the consideration hereinbefore men- tioned 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 agricultural fair purposes and for the purpose of, the trust finder which said • • • 200 Parks. Oakdale Park. [Ch. 17, Art. a park is owned and held, hereby agrees with the other parties here- to that it will, within a reasonahle time hereafter, at its own cost and expense put all of the buildings and structures situate .with- in said Oakdale Park, including Claflin L-Iall, 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 necessary and desirable for fair purposes, its duty in-regard to the building- of new' structures and improvements to be determined, however, as 'hereinafter provided for. 17-308: Free use for park purposes; charge for special amusements. 5. It is hereby mutually understood 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 hereinafter 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 cor- porate-limits of the City of Salina as by persons. residing-therein, and that no distinction -as 'to the-use and enjoyment 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 par- ties to the-within agreement. • • 17-309: Use for general park purposes; charges in special cases. 6. It is further mutually understood and agreed that said Oakdale Park may be.used for general public park purposes, in- - eluding picnics, children's play grounds, public gatherings, public meetings, tourist camping grounds,' athletic sports and events, chautauquas and all other similiar'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 understood and agreed however, that said park, or necessary portions thereof, may he 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 recompense 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 here- inafter 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 • • Ch. 17, Art. 3] Parks. Oakdale Park. 201 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 admission 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 loca- tions, 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. 17-310. Oakdale Park Executive Committee; members; duties, 7. Inasmuch as certain'rights of the parties hereto, in and to said Oakdale Park are mutual: and reciprocal and to the end that the obligation of the party.therein'may be justly deter- mined without dispute in such regard arising, it is hereby under- stood and agreed that there shall he and there is hereby consti- tuted a board-or committee• to have the power and authority as hereinafter provided and to be known as the Oakdale Park Execu- tive Conmittee,.to-he at all=times during the..life.of this agree- ment constituted and comprised of three members chosen as fol- lows: One to be chosen by the party of the first part from among the members of the Board of Directors of the Saline County • Agricultural, I-Io•rticultural 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 chosenby 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 Manager 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, predecessors. 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 considering any dis- pute 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 he the representative -from the City of Salina on said Execu- . live Committee to look after all.of the details that may come up in connection with the management of said park, he shall have the authority in matters concerning the general use and the manage- ment of said park and its employment for public'or private meet- ings and gatherings. and in fact consider any points concerning • 202 Parks. :Oakdale Park. [Oh. 17,Art. 3T the use of the park which may come up from time to time.between the regular meetings of the Executive Committee, unless said member considers the matter in hand of sufficient importance to present to the Executive Committee in full before final disposition • 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 throughout the terms •o f 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 occupancy of said. speedway and said privi- . lege of holding said _agricultural fairs to be extended said first party for a period of not to exceed 30 days sometime during each year of the term of this lease: • 17-312: Battery "A''; lease. 9. It is further understood and agreed between the parties 'heteto that nothing herein con- tained shall_be construed to molest 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 opera- . tion of this lease shall be kept in a cleanly condition so as not to interfere with the proper enjoyment of the remainder of the said park. . '17-313. Use for fair purposes. 10. It is further under- stood and agreed between the parties hereto the party of the first, second and third parts in using said Oakdale Park for agricultural fair purposes will at its expense maintain its buildings and struc- tures including all stables and similar buildings in a clean and sani tary 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 • • Ch. 17, Art. 37 Parks. Oakdale Park. 203 an annual report of the same and copy of which shall be furnished to each party of the within lease. 17-316. New buildings; approval of Executive Com- mittee. 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. 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 Committee, 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 annual statement, the amount of said receipts and expenditures 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 hereinbef ore described shall meet once a year, and said meeting shall be on the first Friday after the first Monday in January of each year, or as often thereafter as the Chairman of the Executive Committee,':may elect. In witness whereof, the parties herein have executed these presents the day and year first above 'written.' THE SALINE COUNTY AGRICULTURAL, HORTI- CULTURAL 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, Kan- ., sas, as Trustees of Oakdale Park for the use and benefit of the Saline County Agricultural, Horti- cultural and Mechanical,Association. -. THE COUNTY OF SALINA, STATE OF KANSAS, • By WILLIAM MUIR, • G. E. BENGSTON, G. C. HINKLE, Board of County Commissioners. THE CITY OF SALINA, (Seal) By F. S. DYAR, Mayor and Chairman of the Board of City Commissioners. Attest: CHAS. E. BANKER, City Clerk. • 204 'Parks. Highland Court Park; City [Ch. 17,Arts. 4; 5; Ch. 13 -Parks- -Plats and Additions. ARTICLE 4.—HIGHLAND COURT PARK. • 17-401. Highland Court Park. The.owner of block 17 in ddighland 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 Register 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 public park, or use the same for other purposes, then said 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. CHAPTER 18.—PLATS AND ADDITIONS. (For. Ordinances regulating the Platting of Additions see Chapter • :_6, Article 4, City Planning Commission, Secs. 6-401 to 6-409.) • • 18-101. Replatting of Blocks 2 and 3 Sunnyside Addi- tion. Blocks 2 and 3 of Sunnyside Addition were replatted and the-frontage of certain lots in said blocks was changed so that alI 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 Ordinance 1401; February 17th, 1908. 18-102. Replatting Block 3 Bonds Addition. Block 3 Bonds Addition was replatted and the frontage of lots therein changed. A twenty foot alley extending 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 frontage of lots in Block 1 and in parts of blocks 2-3-4 and 6 in Morrisons 3rd Addi- tion•Was changed and certain streets and alleys were vacated and certain other streets and alleys in said blocks were opened in ac- cordance with the petition of the owners of said property, by Ordinance 1469, March' 15th, 1909. • • Ch. 19, Art. 11 Police Department. Duties of Police. 205 CHAPTER 19.—POLICE DEPARTMENT. Article 1.—Duties of Police.-19-101 to 19-113. 2.—Police Court.-19-201 to 19-207. ARTICLE 1.—DUTIES OF POLICE. 19-101. Reference•to City Marshal; refer to Chief of Police. That wherever in any ordinance heretofore 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 respectively (§ 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 Cily and deliver to him in the manner required by law, and diligently 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 persons committing or at- tempting to commit any offense 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 inhabitants, and to arrest all per- sons found under suspicious circumstances who cannot give a good account of themselves, and to take every person arrested 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 clay 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 absence or sickness of said Police Judge he shall safely keep such person so arrested in the City'prison or other- wise, 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, 6-24-79j. 19-104. Same; deliver property to successor. Said Mar- shal shall well and faithfully perform and execute 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 office (§ 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 pre- venting any infraction of the ordinances' of said City, and bring- 300' Police Department. Duties of Police. [Ch.19,Art. 1 ing offenders against them to ustice, bit 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 comitted, 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 received by him for 'the use of said City, and immediately 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 hini by ordinances or by order of said Council (§ 17, 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 ordinance 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, Assist- ant 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). 4 19-110. Assistant Chief of Police; Sergeants; duties. That there be and there are hereby created and established in the Police Department'of the City of Salina, the offices of Assistant Chief of Police, who shall be acting Chief of Police in the absence of the Chief, and who shall perform such duties as may be pre- scribed by the City Manager of the City of Salina, and who shall be appointed and shall hold his office at the pleasure of said City Manager and who shall receive such salary as may be prescribed by ordinance, and.of two Police Sergeants, the duties of such Police Sergeants to he such as may be prescribed by the Chief of - Police and who shall be appointed by and hold their offices at the pleasure of the City Manager.and who shall receive such salaries as may he prescribed by ordinance (-§ 1, Ord. 2424, 1-21-22). 19-111. Office of Chief of Detectives abolished; That the ' office of Chief of Detectives heretofore existing in the Police De- • • Ch. 19, Art. 2] Police Department. Police ;Court. 207 • partment of the City of Salina be and;;the same is hereby abol- ished,(§ 2, Ord:;2424, 1-21-22). 19-1.12. Police•may call on citizens for assistance. That the Mayor, City Marshal and Assistant Marshal, or any duly ap- pointed and qualified Policeman of the City of Salina shall have power and are hereby authorized to call.upon every male inhabit- ant of said City over eighteen years of age and under the age of fifty years, to aid and assist them in serving any process, or in performing any of their duties as such officers, or in enforcing the laws (§ 1, Ord. 270, 6-24-1879). 19-113. Refusal to'assist Police;penalty. That any per- son, when called upon as aforesaid by the Mayor, City Marshal, or any Assistant Marshal, or any duly appointed and qualified policeman, and refusing to render immediate assistance, shall, upon conviction thereof, be fined in any sum not exceeding One Hun- dred Dollars (§ 2, Ord. 270, 6-24-1879). . • ARTICLE 2.—POLICE'. COURT.. 19-201. Fines; default in payment; prisoners required to work. Whenever any person shall be convicted 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 committed 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 employment can he 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 im- posed 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, 2-2-1925). 19-204. Prisoners confined. Such person when not at work shall be confined in the City prison and when at work may be 208 Police Department. Police Court. [Ch. 19,Art. 2 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 he employed at such labor and compel him to work under their care and direction (§ 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 per- son liable to be set to work under the provisions of this ordinance shall refuse to work when required he shall be kept in close con- finement 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. § 1. It shall be the duty of the Police Judge to summon all persons 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 attachment when necessary. All process issued to secure the attendance of witnesses as herein provided may be served in any part of Saline County, Kansas, 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 continuance to attend before him to testify in such case at the time to which the case is con- tinued, and such verbal notice shall be as valid as a subpoena. Witnesses 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 travelled in going. to and returning from the place of attendance; Provided, that,no witness who resides in the City of Salina shall be entitled to any such ,mileage. Such witness fees, mileage, and costs of serving any,process shall he taxed as costs in the case and assessed against the defendant when convicted, the same as in State cases. All witness and mileage fees must be claimed by the filing of a verified demand therefor before the Witness leaves the place of trial after attending in re- sponse to any subpoena or order. No Police officer shall be en- titled 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 he'paid by the City. If it shall appear to the Police Judge'_ • • Ch. 20..Art. 11 Public Health. Milk and Dairy Products. 200 that the prosecution of any case has been instituted without prob- able cause or from malicious motives, lie shall state the name of the person responsible 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). CHAPTER 20.--PUBLIC HEALTH. Article 1.—Milk 'and Dairy Products.-20-101 to 20-130.: 2.—General Regulations.-20-201 to 20-214. 3.-Venereal Diseases.--20-301 to 20-319. ARTICLE 1.—MILK AND DAIRY PRODUCTS:. (Published in the Salina Evening.Journal, March 7th, 1925.) ' Ordinance No. 3082. • • 'An Ordinance regulating the handling G,and sale of milk, cream and ice cream and other dairy products in the City of Salina, Kansas; requiring inspection and registration of dairy cows; providing a penalty for the violation of said ordinance and repealing"Ordinance No. 2453 of the City of Salina. 'Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: 20-101. Sanitary and Health Officer; assistants; milk in- spector; duties. § 1. The duties required by this ordinance to be performed by the Sanitary and Health Officer of the City of Salina, Kansas, and the powers conferred upon him by this ordi-• nance shall be performed by and are hereby conferred upon such officer or any duly authorized or appointed assistant or deputy of such officer, or any duly appointed Milk Inspector of said City, and all reference in this ordinance to the Sanitary and Health Officer shall be deemed to refer to any such Assistant, Deputy or Milk Inspector. 20-102. Persons selling or handling milk required to register annually. § 2. It shall be unlawful for any person, firm or corporation to sell or offer for sale, vend, deliver, dis-' tribute or serve within the City of Salina any milk, cream or ice cream without first registering annually, with'the Sanitary and Health Officer in a book provided for that purpose the name and address of such person, firm or corporation, together with. the •trade name, if any, under which business is carried on,,and the ' source from which any such milk, cream or ice cream is obtained. Every Person, firm or corporation so registering shall pay td.the Sanitary and Health Officer a registration fee of 25c and shall re- , 210 Public Health: Milk and Dairy Products. [Ch. 20„Art. 1 ceive a receipt or certificate showing such registration, which shall be kept at all times in a conspicuous place in the place of busi- ness of such person, firm or corporation. 20-103. Cows to be registered; certificate of veterinarian. § 3. Every person, firm or corporation required to register under the preceding section hereof, who shall sell, offer for sale or de • liver within the City of Salina, milk produced from cows owned or in the possession of such person, firm or corporation shall reg- ister annually with the Sanitary and Health Officer a proper de- scription of each cow from which any milk is produced and such Officer. shall assign to each cow an individual number. No cow shall be registered :until the owner or person registering the same shall produce a certificate of a duly registered and commissioned veterinarian showing that such cow has been, within one year prior to such registration. inspected and tested for tuberculosis and has been found to be free from such disease. The number assigned to any such cow shall be on a metal tag, which shall be fastened to the' ear of such cow and at all times kept thereon during the pe- riod of such registration. The owner or person registering any such cow shall pay to the Sanitary and Health Officer 50c for the first cow and 10c for each additional cow to he registered. 20-1.04. Use of funds. §4. Registration fees as provided for in Section 3, under the provisions of this ordinance shall be paid at the time of the first registration of cows, and although a renewal of the registration is required to be made of said cows annually, no registration fee shall be collected on cows previously registered, but on any additional cows acquired by the.owner dur- ing the year fees as indicated shall be paid at time of first regis- tration, and said fees shall he turned over to the City Treasurer ' by the Sanitary and Health Officer, and shall be kept in a special fund to be used in defraying the expense of enforcing this ordi- nance. 20-105. Register annually: § 5. The persons, firm and corporations required by Section 2 of this Ordinance to"register shall register immediately upon the taking effect of this ordinance, and annually thereafter during the first week in January of each year, or whenever .during.the year any such person, firm or cor- poration shall engage in the business described in Section 2 here- of, and all cows required to be registered by this ordinance shall he registered annually during the first week of January of each . year or whenever during the year the milk produced by any cow not previously registered during such year shall be sold or offered for sale in the City of Salina, except that cows registered prior to the taking effect of this ordinance, and in the same year, shall- not.be required to be registered again during such year. • Ch. 20,Art. 11 Public Health. Milk and Dairy Products. 211 20-106. Test cows for tuberculosis. § 6: Any duly reg- istered and commissioned' veterinary surgeon'-approved by the Board of Commissioners of the City of Salina is hereby author- ized to make the test for tuberculosis previously required by this • ordinance and such veterinary shall place a tag on the cows that successfully pass the test and shall give the certificate to the person in charge of such cows, and such veterinary surgeon shall dispose of any and all cows found to be afflicted with tuberculosis in accordance with the laws of the State of Kansas. 20-107. Definitions of milk, cream and ice cream. •§ 7. For the purpose of this ordinance the following definitions of . milk, cream and ice cream are hereby adopted: Milk is the fresh, clean, lacteal secretion obtained by the com- plete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 15 days before and 10 days after calving (within which periods it shall be unlawful to sell milk) • and contains not less than 8.5 per cent of solids not fat, and not less than 3.25 per cent of milk fat, and contains no preservatives,' added water or other foreign substance: Cream is that portion of milk, rich in milk fat, which rises to the surface of milk on standing, on is separated from it by centrifugal force, is fresh and .clean, contains not less than 18 per cent of milk fat, and contains no preservative or other .for- , eign substance. . Ice Cream is a' frozen product of the above defined cream,- sugar, natural flavoring and such other ingredients as may be per- mitted by the laws of the State of Kansas, which shall contain not less than 10 per cent butter fat. • 20-108. Whipping cream. § 8. .1,It shall be unlawful for any person, firm or corporation to sell or.offer for sale as "whip- ping cream" or to label or designate any cream sold or offered for sale as "whipping Cream" unless such cream shall contain not less than 30 per cent milk fat. 20-109. Dirt or sediment in milk; bacteria count; solids. § 9. It shall be unlawful for any person, firm or corporation to' sell or offer for sale or to have in pessession for sale any milk or cream 'containing a preservative or visible dirt or dark colored sediment, or to which water has been added or which has .been otherwise diluted or any milk showing less than 8.5 per cent solids not fat, or which contains less than 325 per cent fat, or con- taining less than.11.75 per cent total solids (unless branded in correct letters and figures the per cent of fat which the milk 'con- tains) or any raw milk which contains more than 200,000 bacteria . per cubic centimeter, or any pasteurized milk which contains more' than 50,000 bacteria per, cubic centimeter, or any raw cream-con- 212 Public Health. Milk and Dairy Products. [Ch. 20,Art. I taming more than .500,000 bacteria per cubic centimeter, or any pasteurized cream containing more than 250,000 bacteria per cubic centimeter, or any milk, cream, ice cream or other dairy product which does not in all respects comply with the provisions of this ordinance. 20-110. Pasteurized milk defined. § 10. Only such.milk shall be regarded as pasteurized as has been subjected, to a temper-• ature of not less than 145 degrees Fahrenheit and kept at such tem- perature for at least 30 minutes, and immediately thereafter cooled to less than 50 degrees Fahrenheit. It shall be unlawful for any person, firm or corporation to sell or offer for sale as pasteurized milk any milk not so treated or to pasteurize or to sell or offer for sale, buy, receive or have in possession for pasteurization any milk which contains more than 500.000 bacteria per cubic centimeter. 20-111. Pasteurizing plants; automatic devices. § 11. That in every milk or cream pasteurizing plant in the City of Salina automatic temperature recording devices shall be installed of such design as may be approved by the- Sanitary and Health Officer, and such devices shall be operated and records thereof kept in such manner as may be directed by such officer. It shall be unlawful to sell or offer for sale in the City of Salina any milk or cream or product thereof produced in any pasteurizing' plant which has failed to comply with the orders of said officer or with the provisions of this section. 20-112. Pasteurized milk; sold within 36 hours; date on cap. § 12. It shall be unlawful for any person, firm or corpora- tion to sell or offer for sale any milk or cream, except whole raw milk or,cream in the City of Salina unless such milk or cream is sold within 36 hours after the same is pasteurized or otherwise treated or prepared, and unless there shall be stamped or printed on the stopper or cap of the bottle containing such milk of cream the day of the week when such milk or cream was pasteurized, treated or prepared or bottled and no milk shall be sold or kept for sale later than the first day after the day shown on such cap. 20-113. Temperature of milk hot over 50 degrees. § 13. It shall be unlawful for any person, firm or corporation to sell or offer for sale any milk or cream, the temperature of which has been permitted at any time subsequent to one hour after the same has been drawn (except during the process of pasteurization), to arise to 50 Degrees Fahrenheit or higher. • 20-114. Unwholesome or unfit products; sale prohibited. § 14. It shall be unlawful to sell, offer for sale or have in pos- session for sale, for human consumption, any butter, buttermilk or other dairy product which has spoiled or is unwholesome or ' unfit for use as food. • Ch. 20.Art. 11 Public Health. Milk and 'Dairy Products. - 213 20-115. Hotels, restaurants, boarding houses, etc. § 15. • It shall be unlawful for any keeper, proprietor or employee of a hotel, restaurant, boarding house, lunch counter or other place where meals ate served, to serve or place before any guest, cus- totner.or boarder any milk which fails to conform to the standards herein defined, unless a placard bearing the words "skimmed milk served here" in plain black letters not less than 4 inches high on a white background is posted conspicuously in such place, or to serve or place before any such guest, customer or boarder any cream for use in coffee or for other table use which fails to cob- form with the requirements of this ordinance with reference to cream, unless placard bearing the words "no cream served here for coffee or for other table use" in plain black, letters not less_ than 4 inches high on a white background is posted conspicuously in such place, and in all such cases all such milk or cream as shall be served shall conform in all respects other than fat content, to all of the provisions of this ordinance. 20-116. Sanitary receptacles; delivery; cooling. § 16. All milk, cream and ice cream kept, sold or offered for sale shall be, at all times kept and handled only in clean and sanitary recep fades, measures and utensils, and all such ,receptacles, measures and utensils shall at all times be Atept in a"clean and sanitary place, and protected from dirt, dust and from other contaminating stn- , stances, and during delivery of such milk, cream and ice cream measures and utensils shall be kept inside of a sanitary covered wagon or in a tight box, or in a closed compartment having a close fitting lid. It shall be unlawful to bottle milk or cream until it has cooled to a temperature of sixty degrees Fahrenheit or lower. It shall be unlawful' to bottle milk or cream from other containers or to transfer milk from one receptacle to another while enroute or to bottle milk or cream or to manufacture ice cream in any room or place which is unsanitary or unfitted for such purpose. • 20-117. Delivered in sealed receptacles; names on caps. § 17. All milk and cream sold in less than one gallon lots shall be delivered in sealed receptacles to the purchaser. All milk or cream sold in bottles shall have caps on w,hich shall be printed the name of the person, firm or corporation bottling the same. 20-118. Sterilize receptacles. § 18. Any person in the City of Salina receiving or having milk, cream or ice cream for sale shall keep said products in clean sanitary receptacles, free from rust and in a clean, well ventilated and sanitary place and it shall be the duty of said persons to thoroughly cleanse and ster- ilize all milk or cream receptacles and utensils as soon as empty. 20-119. Inspection of premises; orders; revocation of cer- tificate, § 19. The Sanitary and Health Officer shall inspect all • 214 Public Health. Milk and Dairy:Products. [Ch. 20,Art. 1 premises •of dairies furnishing-milk to -the City Of Salina and all other places from which any milk, cream or ice cream or other products thereof are sold, delivered: or served in. the City of Salina, as often_as-he deems necessary. and shall have authority to prohibit the 'sale of milk or- cream from any dairy in which • cows are kept or milk produced or kept in an unsanitary place-or • in violation of the provisions of this ordinance: He- shall have authority to prohibit the sale of milk kept or delivered in any unclean or unsanitary room, place or vehicle-or in vessels not properly cleansed, or which is kept, delivered- or offered for sale in any manner in violation of the terms of this ordinance.. He • shall have the •power to enter without previous notice any dairy, milk depot, milk 'sales room or any place where milk, cream, ice cream or other products thereof•is kept or sold and take such amount thereof--as will prove a sufficient sample for the. necessary tests. He is hereby authorized and-it shall be his duty to cancel without previous notice the registration- certificate-of-any-person, • 'firm or corporation who shall violate any-of the provisions of this ordinance or any of the orders of the Sanitary and Health Officer, and it shall thereafter -be unlawful for any such person, firm or corporation to sell, offer for sale, deliver or serve or have in pos- session for sale any milk, cream or ice 'cream•or other products ' • thereof in the City of Salina until such registration certificate shalt. have been .reinstated by order of the Sanitary and Health Officer. 20-120.- Dairy barns-kept clean; diseased.animals;xrders -of Inspector.• § 20. Barns where dairy cows are housed, where the milk from said•cows is to be sold in the City of Salina, shall -be kept in a sufficiently clean and'sanitary condition at all-times, so as to meet with the approval and comply with any directioai5 of the Sanitary and Health Officer, with reference to the care ',and • condition of such premises.-'The manure from such barns shall be removed twice daily to a'distance-of-at least 50 feet from the-dairy barn and shall be so located or enclosed-to prevent the cows from coming in contact. with. it. .It shall.be unlawful for any person, firm or corporation to sell or offer for• sale or trade or exchange in the City of Salina any milk or cream. produced- by cows kept • in any barn not complying with. the foregoing provisions, or the owner of which has failed or refused to keep such barn or prem- ises clean or to comply with or obey-the orders liven with refer- ence thereto by the Sanitary and Health Officer, or which••shall be produced by unhealthy. cows or by-cows.milked or handled in the same,stable, corral.or place of milking where such diseased cows are kept. The health of any such cow shall he.determined . , by the Sanitary and Health Officer or by any. regularly licensed veterinary surgeon duly. appointed by such officer for that purpose,. • Ch_ 20,Art. 1] Public Health. Milk and Dairy Products. 215 whose decision shall be final unless reversed by the ,State Live Stock Sanitary Commissioner, 20-121. Products in barns, living roots, etc.; sale pro- hibited. § 21. It shall be unlawful for any person, firm or cor- poration to sell, offer for sale or have in their possession with in- tent to sell any milk, cream or ice cream or products thereof, bot- _ tled, stored or manufactured in any barns, living room,•wagon or • in any other room or place used for any other than the handling of milk and its products, and any such room or place used for such purpose shall have proper drainage and adequate protection against flies. ' No milk, cream or ice cream or products thereof shall be sold or offered or kept for sale in any room, any part of which is used for living purposes. - 20-122. Diseases in family; sale of milk stopped. §.22. Whenever typhoid fever, scarlet fever, diphtheria or other malig- nant. infectious or contagious disease exists among people living in a',family where milk or cream or any product of milk or cream is produced or handled the sale of such' milk or cream or product thereof in the City of Salina shall immediately ,cease and shall not be resumed until an approved physician's certificate is furnished to `the" Sanitary and Health Officer showing that 'all danger from infedtion from such disease is over. 20-123. Distributors furnish list of producers. '§ 23. Any creamery or other corporation or individual acting as milk distributor shall furnish to the Sanitary and Health Officer of the City of Salina a full list of' all producers furnishing milk to them and said list shall be kept up to date from month to month for reference and for a checking system on the part of the Sani- tary and Health Officer. 20-124. Signs on. delivery wagons. § 24. Every person, firm or corporation who shall deliver or distribute any milk, cream or ice cream within the City of Salina by means of any conveyance shall display on each side of such conveyance in plain readable lettering not less than four inches in height the name of such person, firm or corporation or the trade name which shall have been registered as provided for in Section 2 hereof, and it shall be unlawful to deliver or distribute or to sell any milk, cream or ice cream in or from any such conveyance unless such name shall be shown thereon as required by this section. 20-125. Retailers furnish route sheets. § 25. Every per- son, firm or corporation selling or delivering milk from house to • house or to individual consumers at 'retail within the City of Salina shall furnish at least every six months to the Sanitary and Health Officer a "Route Sheet" stating the route' followed by such P 216: Public Health. General Regulations. [Ch-. 20, Art.'2. person, firm or corporation in the delivery of milk and shall notify the Sanitary and Health Officer at any time of any material change in any such route. 20-126. Chemical and bacteriological . analysis.. § 26.: , The Sanitary and Health Officer, or his Assistants shall make a chemical and bacteriological analysis of the milk, cream and ice cream supplied to or furnished and sold in the City of Salina as often•as he deems necessary. The Sanitary and Health Officer shall make a report of these investigations,and as to the sanitary condition of the dairies furnishing dairy products to the City of Salina once. a month to the City Commission, and said findings may be published in one or more of the local newspapers. 20-127. Rules of Commission and.Sanitary Health Officer. § 27. The City Commissioners and Sanitary and Health Officer shall have authority and it shall be their duty to make such reason- able rules and regulations relative to the scoring of dairies and the grading of milk and cream as shall be found necessary to carry out the'intent and provisions of this ordinance. 20-128. Violation of ordinance;'penalty. § 28. Any per- son including the agent, employee, manager, member, officer or other representative of any firm or corporation, who shall violate any of the provisions of this ordinance or the rules and regula. tions promulgated by the Board of Commissioners or by the Sani- tary and Health Officer of the City of Salina, as provided by this ordinance, shall be deemed guilty of•a misdemeanor and upon con- viction thereof shall, for each offense, be punished by a fine of not less than $10.00 nor more. than $100.00 and shall be-confined in the.City jail until such fines and costs are paid. 20-129. Prior ordinance repealed. § 29. That Ordinance Number 2463 of the City of Salina be and the same is hereby-re- pealed, 20-130: Take effect. § 30. This ordinance shall take effect and be in full force from and after its publication in the official City paper of the City of Salina. Introduced for first reading; February 2nd, 1925. Passed and approved, March 3rd, 1925. (Seal) J. S. HARGETT, Mayor. Attest: CHAS. E. 'BANKER, City Clerk. ARTICLE 2.—GENERAL REGULATIONS. 20-201. References-to Committee on Public Health. (Sec- tion 6-201 provides that references to any Committee of the Coun- cil in any ordinance passed prior to the 'adoption of the Commis- sion-Manager form of Government shall be deemed- to refer to • A Ch.20.,Art.-21, Public, Health: General Regulations.: 217• • the Board of Commissioners, except where otherwise specifically provided.) 20-202: Reference to Committee.on Public Health 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 Sanitary and, Health Officer and all duties prescribed.by. said ordinances to he performed by the Committee on Public Health and-Sanitary Meas- ures and all authority conferred •by said ordinances upon such Committee shall be performed by and shall devolve upon the Sanitary and Health Officer of the•City of Salina (§ 4; Ord. 3030, 9-15-24). 20-203. Small pox; other infectious disease; persons • 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 disease 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 state- ment that such person is in no danger of imparting the disease to others. Any person attending 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 Dbllars (§ 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 disease, 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 'failure-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 with in five miles thereof, it shall be the duty of the Committee on • • 218 Public Health. " General Regulations. [Ch. 20,Art. 2 Health to establish within the City, or within'the limits aforesaid, a pest house, to which the said Committee shall transfer all per- sons having such disease, to be provided 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 residence (§ 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 a practicing • physician the vaccination of all the citizens of the city who may apply for such vaccination, the expense thereof to be paid by the City (§ 55 Ord. 284). 20-207. Sanitary and Health Officer; make inspections. It shall be the duty of the Committee on Public Health and Sani- tary 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 sani- tary condition of the City. The said Committee 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 condition thereof so far as the public health may he affected thereby (§ 2, Ord. 778, 7-27-91 ; see §20-202). 20-208: Cleanse premises; abate nuisances. The Com, mittee on Public Health and Sanitary Measures (Sani- tary and Health Officer) shall adopt all necessary Meas- ures for cleansing and purifying all buildings, lots and other places, and for causing the removal therefrom of all nauseous substances producing a disagreeable odor or tending to cause sickness or disease, and to cause the removal, cleansing and , abating of all nuisances caused by dead carcasses or by the condi- . tio'ns or privies, pig houses, pig pens, stables or any other out building or by filth, stagnant water, decayed or decaying vegeta- tion or other matter and they may do or cause to be done whatsoL ever in their judgment shall he necessary to carry out such meas- nres (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 Meas- ures (Sanitary and Health Officer), in all cases where they may deem it necessary for the speedy execution Of their orders, to cause any such .nuisance or nuisances to Ch. 20;Art. 2]. Public Health. General .Regulations. 219 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 ascer- tained, 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 removing 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). 20-210. Each day's violationaseparate rofferise. Each day's continuance of. any nuisance after the expiration of the time specified in.the-order of tthe 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 punished 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 ac- cumulates••and forms stagnant pools. should be carried away by the public sewer or otherwise, such Committee (Officer) shall order • the immediate disposition of such water„ by the owner or occupant of such premises by connecting such premises with the sewer in such manner as will convey away said water, or by otherwise con- veying 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 accordancetwith Ordinance 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 Com- mittee (Officer). Should the owner or occupant of such premises where ordered by said'Committee (Officer) so to do, fail or neglect for ten days to make the connection necessary to convey such water into the public sewers or otherwise dispose of same, said Com- . mittee (Officer) shall proceed 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 description of the premise's and the cost of the work to the City Clerk and the amount thereof shall be assessed upon such property iw the City Council and certi- fied to the County Clerk.to be collected as other special assess- ments (§ 7, Ord. 778, 7-27-91; see § 20-202). 220 Public Health. General Regulations. [Ch. 20, Art. 2 20-212. Violation of Secs. 20-207 to 20-211; evidence. lu all trials for the violations of the provisions 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 Offi- cer), 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 Secs. 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 Officer), shall upon conviction thereof in Police Court, 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. Cess pools prohibited; connect with sewers. No person, company or corporation shall be permitted to excavate or build any cesspool, privy vault or other receptacle for storage of • excrement, garbage, slops, or other refuse on any lots or lands in the City of. Salina, which may abut on or be located near any street or alley on which there is a public sewer, and it shall be the duty of all persons, companies or corporations owning buildings within the City of Salina, located on any street having City -water and within_connecting distance of any sewer to connect such buildings with the sewers of the City, and any person, company or corporation who shall excavate or build any cesspool in viola- tion of the provisions of this section, or who shall fail to con- nect with the City Sewers, as herein provided, for more than sixty (60) days after being notified in writing so to do by the Chairman of the Committee on Public Health of the City Council (Board of Commissioners); shall be deemed guilty of a misde- meanor and shall, upon conviction thereof in the Police Court, be fined in any sum not exceeding One Hundred Dollars (§ 7, Ord. 1143; Amd. by § 1, Ord. 1514, Sept. 23-1909; see § 20-201). • • • Ch. 20, Art. 3]- Public Health. Venereal Diseases. 221 ARTICLE 3.-VENEREAL DISEASES. (Published in the Saline Daily Union, Oct. 12, 1918.) Ordinance 2216.. An Ordinance Designating Venereal Diseases, Regulating Persons Having the Same, and Providing for the Suppression Thereof. Be it Ordained by the Mayor and Councilmen of the City of Salina. Kansas: 20-301. Venereal diseases dangerous to public health. § 1. Syphilis, gonococcus infection and chancroid, hereinafter designated venereal diseases, are hereby recognized and declared to be contagious and infectious; communicable and dangerous to the public health. 20-302. Venereal diseases to be reported. § 2. Here- a fter, 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 hospital 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 manifestations, shall report to the City Physician the existence of such disease. All such reports shall he made in writing within forty-eight • hours after diagnosis, on blank forms approved by the State Board of Health and obtainable 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 occu- pation of the person affected with the disease; and a statement as to whether or not the nature of the occupation or place of employ- ment 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 re- sponsibility for such conduct of the person afflicted.with a venereal disease as will prevent the transmission of same to others, noth- ing_ in this paragraph shall he.construed to require the reporting of the name and address of the person afflicted with a venereal dis- ease. In the event that the person making the report is unwilling to assume responsibility or shall know or suspect that a person hav- ing a venereal disease is so conducting, or about to conduct him- self or herself 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. • 222 - Public Health. Venereal Diseases. [Ch. 20, Art. 3 20-303. " Persons afflicted with venereal diseases to be given a circular of information. § 3. It shall be the duty of each and every physician or other practitioner of the healing art practicing in the City of Salina, Kansas, or any other person who visits, attends, advises professionally, prescribes for or renders medical or surgical assistances to or is consulted for medical advice by any peron having,a venereal disease, to at once give to such per- son a copy of this ordinance together with a serially numbered 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 report such fact in writing in the report required to be made of such cases. 20-304. Change of physician to be reported to physician first consulted. § 4. When a person applies to a physician or other person for treatment of a venereal disease, it shall be the duty of the physician or person consulted to inquire of and ascer- tain 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 ascertain the name and address of the • physician or person, 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 applicant seeks to and-does consult or e_mploy to notify the physician''last consulted or employed of the change of advisors, suchlnotification to be niade 'upon a form furnished for that purpose by the' City Physi- cian. 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 phy- sician to report to the City Physician the name and address of • such vencreally diseased person. 20-305. Protection of others from infection by venereally diseased persons. § 5. Upon receipt of a report of a case of venereal disease it shall he the duty of the City Physician to insn- trite such measures for the protection of other persons from infec- tion by such venereally diseased person as said City Physician is already empiowered to use to prevent the spread of other conta- gious, infectious or communicable diseases. 20-306. Reports to be confidential. . § 6. All information and reports concerning persons infected. with venereal diseases shall he confidential and shall be inaccessible to the public except insofar as publicity may attend 'the'performance of the duty im- Ch. 20. Art: 3] Public Health. Venereal Diseases. 223 posed upon the City Physician by this ordinance and the rules of the State Board of Health and Laws of the State of Kansas. 20-307. Suspected cases to be investigated. § 7. In all suspected cases of venereal disease in the infectious stages, the City Physician shall immediately use every available means to determine whether the person or persons so suspected of being in- fected are suffering from said diseases'or any of them, and when- ever said diseases are found to exist, the City Physician shall, whenever possible, ascertain the sources of such infection. In such investigation, the City Physician is hereby vested with full power of inspection, examination, isolation, and disinfection of all persons, places and things as provided herein. 20-308. Powers and duties of City Physician. § 8. It is hereby made the duty of the City Physician and he is hereby directed and empowered: (a) To' make examinations of persons reasonably suspected of having syphilis in the infectious stages or Gonococcus :infection. Owing to the prevalence of such disease among prostitutes, all prostitutes may be considered within the. above class. (b) To isolate 'persons infected with any of,said diseases whenever isolation is necessary to protect the public health. In establishing isolation, the City Physician shall define the limits of the area in which the persons reasonably suspected or known to have syphilis or gonococcus infection and his or her immediate attendant are to be isolated, and no person, other than the attending physician, shall enter or leave the area of isolation without the per- mission of the City Physician. (c) In making examinations and inspections of women for the purpose of ascertaining the existence of syphilis or'gonococcus infection, to appoint women physicians for said purposes where the services of a woman physician are requested or demanded by'. the person examined. ,(d) In cases of quarantine or isolation, not to terminate said quarantine or isolation until the cases have become non-infec- tious. (e) Cases of gonococcus infection are to be regarded as in- fections until at least two successive smears taken not less than forty-eight hours apart fait to show gonococci. (f) Inasmuch as prostitution is the most prolific source of syphilis'.and gonococcus infection, the City Physician shall use every proper means of suppressing the same, and he is hereby prohibited from issuing certificates or other evidence of freedom from venereal diseases. (g) To keep all records of said inspection and examination from' public inspection, and to make every reasonable effort to • 224' Public Health. Venereal Diseases. [Ch:20, Art. 3 • keep secret the identity of those affected by venereal disease con . trol measures, as far as may be consistent with the protection of the public health. 20-309. Detention hospital. § 9. It shall be the duty of the City Physician. to use only such building or buildings for . quarantine purposes under this ordinance as shall be first provided • or accepted by the City Council, provided however, that the State Industrial Farm for Women at Leavenworth may be used for such.purposes. 20-310. Quarantine. § 10. Whenever it is necessary for the protection of the public health that persons infected with vene- real diseases be quarantined, the City Physician shall quarantine' such diseased persons in said detention hospitals or at said Indus- trial Farm and cause to be administered to such persons a proper• course of treatment.' 20-311. Bond or cash guaranty in lieu of quarantine. § 11. In lieu of isolation or quarantine, any person infected with' any of said diseases may be released upon bond as herein provided.' Such persons shall make written application. therefor to the City • Physician which application must be made under oath and must state that the applicant is not a prostitute. Such application shall • be accompanied by a certificate signed by the Chief of Police and the Police Judge, that the applicant is not a prostitute. The appli- • cant shall then file with the City Treasurer a bond in the penal sum of One Thousand Dollars ($1,000.00), conditioned that.the applicant will not permit or perform any act which might or would infect or expose to infection any other person; will continue proper' medical treatment until cured and will faithfully observe all rules, regulations and requirements of said City Physician to protect the public against infection or contagion. Said bond shall run to the State of Kansas and shall have one or more sureties, to be ap- proved by the 'City Treasurer, provided that a cash guaranty in a like amount may be accepted in lieu of such undertaking. Before any person is released from any such bond as cured, a final examination and approval by the City Physician must be secured. 20-312. Spread of venereal diseases unlawful. § 12. It shall he unlawful for any person to. inoculate any other person with any of the venereal diseases named in Section 1, hereof, and it shall be unlawful for any person to perform or commit any act which exposes any other person to inoculation of or infection with • any of the said diseases. 20-313. Druggists to keep record of sales of drugs for venereal diseases. § 13. Any druggist or other person, who • Ch. 20,Art. 31 Public Health. Venereal Diseases. 225 sells any drug, compound, specific or preparation of any kind used for the cure.of any of said venereal diseases shall keep a recoru of the name, address and sex of the person making such purchase, a copy of said record shall be mailed each week to the City Physi- cian. 20-314. Obstructing City Physician, §14. It shall be un- lawful for any person to obstruct said City Physician in the per- formance of his duties herein required. 20-315: City Physician appointed. § 15. That for the purpose of effectually carrying out the terms and provisions of this ordinance the Mayor of said City shall appoint some reputable physician, whose appointment shall be confirmed by. the Council, to act as City Physician and who shall in the perform: ance of his duties comply with all of the• provisions of. this ordinance. 20-316. Term of office. § 16. Such appointment, so made as aforesaid shall expire on the 15th of May, 1919, and there- after, on or before the 15th of May, a City Physician shall lx appointed each year for a term of one year, which said appoint- ment shall be confirmed by the Council of the City of Salina, Kansas, 20-317. Compensation of Physician. § 17. That 'the said City Physician shall receive as full compensation for his services under this ordinance the sum of Ten ($10.00) Dollars for each person examined under the provisions of this ordinance. . 20-318. Violations. § 18. Any person violating any of the provisions of this ordinance shall be punished by a fine of not less than $50.00 nor more than $100.00, or by imprisonment for a period of not-to exceed six months, or by both fine and imprison- ment. 201319. Take effect. § 19. This ordinance shall take effect and be in full force and effect from and after its publication once in the Salina Daily Union. Passed and approved, October 7, 1918. (Seal) By EDD MATHEWS, Mayor. Attest: CHAS. P. BANKER, City Clerk. • • • • • 226 Public Scales. [Ch. 21 CHAPTER 21.—PUBLIC SCALES. Ordinance No. 1655. (Published in the Salina Evening Journal June 22, 1912.) An Ordinance relating to the weighing of commodities sold in the City of Salina, Kansas, and. for the establishment. of City .scales for such purpose within said city. Be it Ordained by the Mayor and Councilmen of the City of Salina: 21-101. Public scales. § 1. The Mayor and Council are authorized to provide at suitable places in the City of Salina such number'of public scales as may from time to time he necessary for the use of the public and such public scales shall be •suitable for weighing animals, hay, coal, grain and all other produce, ma- terial or commodity. 21-102. Weighmasters and measurers. § 2. The Mayor . by and with the consent of the Council shall appoint one or more suitable persons to act as weighmasters and measurers in said city, • whose term of office shall he one year from time of appointment, unless said term is otherwise specially limited at the time•of ap- pointment; and may contract with such person or persons, or with any other person or persons for the use of his or her scales to weigh animals, hay, coal, grain and all other produce, material or commodities for a period of time not exceeding one year at any one time, and the scales so contracted for by the Mayor and Coun- cil aforesaid are hereby declared to be official City scales 'of such City, for the length of time so contracted for; and the person or persons appointed as weighmasters and measurers aforesaid shall receive as compensation for his or her services as such a per cent of the monies received by him or them from the weighing and measuring of the commodities so weighed and measured by him or them under his or their said contract with said City as may be agreed upon by the City and such person or persons, and no other compensation or salary shall be paid to such weighmaster and measurer by said City. 21-103: Oath and bond. § 3. Any person who shall be appointed as weighmaster and measurer shall, before entering upon the duties of such office,_take and file an oath of office and give bond to the City in the sum of $500.00, conditioned for the faithful performance of the duties of the office and to pay over to the City Treasurer all moneys that he may receive belonging to the City. 21-104. Duties. § 4. It shall be the duty of each weigh- master and measurer to keep-his office or stay at or convenient to Ch. 211 Public Scales. 227 the scales operated by him from seven o'clock A. M. to 6:30 P. M. daily, Sundays excepted, and to weigh every load or parcel of coal, cattle, hogs, beef, pork, grain, hay, or other produce or commodities presented to him at the scales for such purpose, and to give to the person for whom the same is weighed a certificate showing the gross and net weight thereof. It shall also be his duty to measure every load or parcel of firewood, presented to him for that purpose, and he shall deliver to the person for whom such measurement is made a certificate showing the quantity there- of and the date of measurement. Said weighmaster and measurer shall also keel) suitable books in tabulated form, showing each and every load or part thereof weighed and measured, and shall at ' any time when requested furnish to any party interested a certifi-, cate showing such weight and measurement. 21-105. Standard of weights and measures. § 5. In weighing and measuring all loads or any produce or commodity the weighmaster and measurer shall be governed by the standards of weights and measures in force under the laws of the State of Kansas, or generally adopted by the custom of the community, where no standard of weights and measures is fixed by law. 21-105. Fees to be charged. § 6. The weighmaster and measurer shall charge and collect from the person having weigh- , ing or measuring done the following fees, to-wit: For weighing every load of hay, coal, grain, or other commodity, 10 cents; for weighing cattle, hogs, and live stock, for the first five (5) head, five (5) cents each; in excess of five (5) head, two and one-half (24) cents per head, provided, that no charge shall be made of less than ten (10) cents; for measuring every load of wood at the yard; ten (10) cents. 21-107. Payment of money and reports. § 7. Each weighmaster and measurer shall pay over to the City Treasurer on the first day of each month, all monies collected by virtue of his office, and shall take duplicate receipts therefor, one of which shall be filed with his report; and at the same time he shall file an itemized report to be presented to the City Council showing the amount of money received by him for weighing and measuring during the last preceding month, and the persons from whom col- lected. 21-108. Take effect. § 8. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. Passed and approved, June 17, 1912. (Seal) C. B, KIRTLAND. Mayor. Attest: CHAS. E. BANKER, City Clerk. .228 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 1 Electric Light, Power and Gas Franchises. CHAPTER 22.—PUBLIC UTILITIES; FRANCHISES AND REGULATIONS. Article 1.—Electric Light, Power& Gas; Franchise to Thomas H. Smith and Assigns; Salina' Light Power & Gas,Company.-22-101 to 22-125. 2.—Street Railways; Franchise to E. S. Alnut and Assigns; Salina Street Railway Company.- 22-201 to 22-221. 3.—Street Railways; Regulation of Construction and • Maintenance.-22-301 to 22-319. 4.—Street Railways; 'Regulating Operation.-22-401 • to 22-405. 5.—Miscellaneous Franchises and Grants. 22-501 to 22-510. 6.—Miscellaneous Regulations.-22-601 to 22-613. ARTICLE 1:ELECTRIC LIGHT, POWER AND GAS; FRANCHISE TO THOMAS H. SMITH AND ASSIGNS; SAMNA LIGHT, POWER AND GAS COMPANY. ' 22-101. Title of ordinance. An ordinance granting to Thomas H. Smith, his successors and assigns, the right to manu- facture, distribute and sell electricity and gas for light, heat, power and other purposes 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 lighting 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 for light, heat, power and other purposes, in the City of Salina, Kansas, for the period of twenty years from the date of the passage and publication of this Ordinance, is hereby granted to Thomas H. Smith, his successors and assigns, hereinafter designated as the grantee (§,1, Ord. 1566: Amd. § 1, Ord, 2295, Nov. 3, 1919). 22-103. Extension of franchise term. That it is the pur- pose and intent of this ordinance to grant an extension of the fran- chise created by Ordinance number 1566, so that the same shalt extend for a period of twenty years from the date of this ordi- nance. All of the other terms and conditions of said ordinance • Ch. 22, Art. 1] Public Utilities; Franchises and Regulations. 220 Electric Light, Power and Gas Franchises. 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 assignee of the said Thomas H. , Smith within thirty clays after the passage and approval hereof by filing with the City Clerk of the City of Salina, Kansas, its accept- ance in writing of all the terms, conditions and stipulations hereof 0 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 exten- sion 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, con- ditions, 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 successors and assigns, is author- ized to purchase or to erect, or to both purchase and erect, main- tain and operate in the City of Salina, suitable works for the man- ufacture of electricity and gas, and the use of the streets, side- walks, alleys and public grounds of said city for the period of twenty years from the date of the passage and publication of this ordinance, is hereby granted to him, his successors and assigns, for the erection of poles, the stretching of wires and laying of conduits, mains and service pipes for the proper distribution of the same ($ 2, Ord. 1556, 7-27-1910). 22-107. Excavations in streets; repairs. All excavations or trenches made in the •streets, alleys, sidewalks, pavements or public grounds of the said City under the 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 • • 230 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 1 Electric Light, Power and Gas Franchises. Common Council of said City may designate; and in case the said grantee, his successors or assigns, after having had ten days' writ- ten 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 expense, by the accepeance of this ordinance said grantee hereby agrees to pay (§ 3, Ord. 1566, 7-27-1910). 22-108. Wires and poles; height. All line wires supported on poles and all are 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 (§ 4, Ord. 1556, 7-28-1910). 22-109. Wires, cables, etc.; location. The poles, wires, cables and conduits used in the transmission of electricity, when- ever 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 the 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 situated 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 requirements without expense to the City; Provided further, that after the City of Salina shall acquire a population of twenty-five thousand (25,000)• people, said City may require said grantee, his successors 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 direc- tion of the City Engineer, in such manner as the said City may direct, and at the expense of the said grantee, his successors and assigns; and Provided further, that no poles, wires, cables or con- duits 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 (§ 5, 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 furnished for residence lighting in the- n • Ch. 22,Art. 11 Public Utilities; Franchises and Regulations. 231 Electric Light, Power and Gas Franchises. 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 kilowatt 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 prop- ' erty 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 per cent (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) '(§ 6, Ord. 1566, Amd. by § 1, Ord. 2201, Amd.. by § 1, Ord. 2361, Amd. by § 1, 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 (5/c) per kilowatt hoar used per month as,measured by meters of standard make to be in- stalled 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 'hr before the 10th day after due date thereof that the Company 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 (§ 6, Ord. 1566, Amd. by §.1, Ord. 2201; Amd. by.§ 2,'Ord. 2361; Amd. by § 2, Ord. 2459, 3-4-1922). 22-112.. Rates; secondary power. That said. Company may charge for electric current furnished for secondary. power iii 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 a' consumption charge of not to exceed the maximum rate of four . cents (4c) per kilowatt hour for the first five hundred (500) kilo- watt-hours used per month and not to exceed three cents (3c) per kilowatt hour for all over five hundred (5,00)_kilowatt hours used per month, as measured by meters of standard make to be installed by and to remain the property of said Company; Proyided, fur- ther,, however, that should the charge for such service and current not be paid by'any customer on or before 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 • 232 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 1 Electric Light, Power and Gas Franchises. thereto ten per cent (10 per cent) of the gross amount of such customer's account for this service (§ 7, Ord. 1566, Amd. by § 1, Ord. 2201; Amd. by § 3, Ord. 2361, Amd. by § 2, Ord. 2459, 3-4-1922). 22-113. Rates for artificial gas. § 1. That section four (4), of Ordinance No. 2459 be and the same is hereby amended to read as follows: § 4. (a) That the Salina Light, Power and Gas Company, hereinafter referred to as the Company, may charge the following maximum rates for artificial gas furnished to all consumers 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 Com- pany. Rates: 1. A commodity charge, per 100 cubic feet of gas metered per month, 5c. Plus: 2. A requirements charge, per cubic foot of maximum 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 determined 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 22.4 cubic feet per hour. All customers shall enter into a contract for gas on the above rate for the period of one year. 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 ren- dered. 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 reconnected at the same address and for the same customer (or any member of his family, except upon the payment of a reconnection charge of $5.00. • Ch. 22, Art. 1] Public Utilities; Franchises and Regulations. 233` Electric Light, Power and Gas Franchises. (b) That the schedule of rates provided for in the preceding sub-division hereof shall not take effect, except as hereinafter pros vided, until the expiration of six months from and after the final passage and approval of this ordinance, Provided, However, that in the interim between.the final passage and approval of this ordi- nance and the expiration 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 schedule of rates known and des- ignated as "Rate A" or the. "Two Part Rate," such schedule being as follows, to-wit: THE SAUNA, LIGHT, POWER AND GAS COMPANY, SAMNA, 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,f or 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. (c) That said "Rate A" provided for in the preceding 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 shall, 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 reading 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 R," and shall put such rate into effect as to any customer making application therefor in the order in which such applications are received and filed at the offices of the Company, Provided however, that the Company shall have a 234 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 1 Electric Light„ Power,and Gas Franchises. 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 Company shall 'Have installed in or on the line of each customer, the necessary appliances and limiting devices 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 appli- cant for the purpose 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 furnish- ing 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 without charge to such customer, 'adjust the stoves or other appliances then in use on the premises of such.cus- tomer so as to afford the proper use of gas'through such stoves or other appliances'in relation to the requirements contracted for by such customer. (g) That nothing in such schedule of rates designated 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 payment of all charges then due, or require the payment of any charge of any kind after such discontinuance, Provided however, that after a meter has been disconnected, it shall not be re-con- . hected within one (1) year at the same address for the same cns- tomer or any member of his family, except at the original contract rate for the remaining portion 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-conneetion gas shall have been used on said premises and paid for by some other customer, in which event such $5.00 charge shall not he 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 Ras to permit each and every one of its cus- tomers to use at all times the maximum amount of gas to which such customers will be entitled under the requirements for which such customers may have contracted, and the Company shall, at all times, so maintain its plant and its distribution system and the nee- . essary equipment therefor as to enable it to furnish at any time the Maximum amount of gas which. may he so required by such cus- • Ch, 22,Art. 1] Public Utilities; Franchises and Regulations. 235 Electric Light, Power,and Gas Franchises. tourers" (§ 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 maximum charges so fixed as aforesaid and said service and demand charges as hereinbefore provided for shall be in force and effect only until such time as the 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 Number 1566, and the right is hereby expressly reserved to the Mayor and Commissioners to so modify, change or alter such maximum charges so fixed as afore- said being hereby expressly reserved to such Mayor and Commis- sioners and that nothing herein contained shall be held or construed to limit the-rights and privileges reserved to said Mayor and Com- missioners by Section Ten (10) of Ordinance Number 1566, Sec- tion Three (3) of Ordinance Number 2201 and Section Two (2) of Ordinance Number 2295 (§ 5, Ord. 2361; §5, Ord. 2459, 3-4=1922). • • 22-115. Right of City to change rates. The franchise 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 other reasonable changes in the maximum rates or prices to private con- sumers, or contract rates of prices to the city, 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 inhabitants 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 suc- cessors and assigns, shall furnish and supply at his own cost and expense, to each consumer, reliable 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 he and remain the property of said grantee, his successors and assigns, but they shall be subject at all times to inspection and testing by such qualified officer or person as the City may designate or ap- point by ordinance of such City providing for such officer, and providing regulations governing such office, and any meter found to be inaccurate of out of repair shall forwith be repaired or replaced by accurate meters by the said grantee, his successors'or assigns, without cost or expense to the said consumer; which cost and expense, including inspection fees, shall he paid by said gran- tee, when such meter is found to he in excess of Two (2) per' cent fast by such inspector; Provided, the grantee, his successors • • 236 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 1 Electric Light, Power and Gas Franchises. 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 he broken by either party prior to the time of such inspection (§ 9, Ord. 1566, 7-29-1910). 22-117. Police protection. The grantee': being engaged 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 successors 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 assigns, in erecting, operating, constructing and maintaining said electric and gas works (§ 11, Ord. 1566, 7-27-1910). 22-118. Lighting streets and public buildings. The City of Salina hereby contracts with said Thomas H. Smith, his sue- - ' cessors and assigns, for the lighting of the streets and public buildings and grounds of said City during the term of this fran- chise and upon the terms hereinafter provided, that is to say; that the said grantee, his successors and assigns, shall furnish to said city, for the lighting of its streets and public grounds not less than - one hundred (100) six (6) to six and six-tenths (6.6) ampere enclosed type long-burning arc lamps, or their equivalent, to burn all night and every night, for which said City agrees to pay in cash; monthly, the sum of six dollars ($6.00) per arc lamp per month, and the City shall have the right to order additional arc lamps of the same capacity and for the same service and the said grantee agrees to furnish the same, and for all such arc lamps installed and furnished in excess of one hundred (100) ordered by said City, the City agrees to pay monthly, in cash, the•sum of five dollars ($5.00) per arc lamp per month; Provided, the gran- tee, his successors and assigns, hereby agrees to keep such system of street lights modern in design and up to. date in equipment, consistent with advances made in electrical construction (§ 12, Ord. 1566, 7-27-1910). 22-119. Location of street lights. That such arc lamps as are mentioned in Section 12 hereof shall be located at points desig- nated by the City Council, not exceeding one thousand (1000) feet from the grantee's arc line and the location of no,lamp shall be changed oftener than once a year, and said grantee shall install and trim said lamps as a part of the price of monthly service (§ 13, Ord. 1566, 7-27-1910). Ch. 22,Art. 1] Public Utilities; Franchises and Regulations, 237 Electric Light, Power and Gas Franchises. 22-120. Extension of mains and electric lines. The grantee herein, his successors and assigns, may be required by resolution of the City Council to extend its existing gas mains not to exceed seventy-five (75) feet for each private consumer of gas under yearly contract, and in the same manner to extend its ex- isting electric lines of each class of service not to exceed one hun- dred and fifty (150) feet for each private consumer of electric current under yearly contract 014, Ord. 1566, 7-27-1910). 22-121. Forfeiture; conditions. In case the said Thomas H. Smith, his successors and assigns, shall fail to construct, main- tain and operate in the City of Salina or cause to be operated, an electric and gas plant sufficient to meet and accommodate the re- quirements of this ordinance, or shall fail-to substantially comply with any of the conditions herein, the 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 successors 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 violated before passing any such ordinance of forfeiture, 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 receiving 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 violation or violations specified in said notice (§_15, Ord. 1566, 7-27-1910). - 22-122. . Grantee file acceptance. Said Thomas H. Smith, his successors and assigns, shall, within thirty days after the pas- sage and approval of this ordinance, 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 Ordi, nance Number 1218 of the City.of Salina, and upon the filing of said release, said Ordinance Number 1218 shall thereby and there- upon stand repealed (§ 16, .Ord. 1566, 7-27-1910). 22-123. Take effect. This ordinance shall take.effect and be in force from and after its publication for twenty days as re- quired by the Statute of the State of Kansas; Provided, the gran- 23S Public Utilities; Franchises and Regulations. [Ch. 22, Art. 2 Street Railway Franchise. tee shall pay the costs of publication of this ordinance within thirty days from the date of the passage and approval of the same § 17, Ord. 1566, 7-27-1910. (This Ordinance was published for 20 days, commencing July 28th, 1910, in The Salina Evening Journal). 22-124. Acceptance of Ordinance No. 1566. (Acceptance in writing of Ordinance NO. 1566, by Thomas Smith, duly ac- knowledged before a notary public on August 20, 1910, was re-, ceived and -filed by the City Clerk on August 25th, 1910, and is recorded in Ordinance Book No. 7 at page 241.) 22-125. Assignment to Salina Light, Power & Gas Co. • (The franchise granted by Ordinance No. 1566 was assigned by Thomas.H. Smith to the Salina Light, Power & Gas Company by . a written assignment dated November 22nd; 1910, and filed on said date in the office of the City Clerk. Consent to such an assignment was granted and said assignment ratified by the City Council by resolution adopted on February 20th, 1911, which res- olution is spread.at large on the records of the minutes of the meeting of the Council on that date.) ARTICLE 2.—STREET .RAILWAY FRANCHISE. (Salina Street Railway Company.) Ordinance No. 1298: 22-201. Title. An ordinance granting to E. S. Alnutt, his heirs, successors and assigns, a franchise for the construction, operation and maintenance of a street railway system! in the City of Salina, ' Kansas, and the right to use and occupy any and all of the streets in said City for such purposes.; Be it ordained by the Mayor and Councilmen of the City of Salina: 22-202. Franchise, electric railway;; term. That there be and hereby is granted to E. S. Alnut, his heirs, his successors and assigns for a period of. twenty-five years (25) from the date of the acceptance hereof, the privilege and franchise to con- struct, operate and maintain a street railway system in the City of Salina, State of Kansas, and in the additions that now are, or may hereafter exist in said City, for the transportation of pas- sengers, express or freight along the streets over which railway lines may he constructed with the right to day a single or double track, as the needs of the street railway may require, and all the necessary switches, side-tracks, appliances, apparatus and ma- chinery, also the right to erect all necessary and suitable poles, Ch, 22,Art. 21 Public Utilities; Franchises and Regulations. 230 Street Railway Franchise. buildings, power houses and other things for the successful opera- tion of a street railway system, which railway may be operated by electricity or other suitable power, or by one or more such powers, provided that nothing shall authorize the use of horses, mules or other animals, or steam as such motive power, and pro- vided further that nothing herein shall authorize the building and operation of more than one street railway in or through such City limits by electric power or otherwise (§ 1, Ord. 1298, Feb. 12, 1906, Amd. § 1, Ord. 2247, Apr. 19, 1919). 22-203. Poles and wires; paving in repair. Said E. S. Alnutt, his heirs, successors or assigns shall have the right to connect such street railway with any suitable power house with wires placed upon poles; provided that if a system is used re- quiring the erection of poles, such poles shall not be erected except at the outer line of City walks or at such other suitable place, - as may be designated by the City Council of said City, and i f trolley wires are used, they shall be suspended not less than six- teen (16) feet above the surface of the street. Said E. S. Alnutt, his heirs, successors and assigns, shall, on all paved streets, keep the paving in repair, where tracks are laid, between the rails and ' to the end of the ties on either side of the rails (§ 2, Ord. 1298, -Feb. 12, 1906). 22-204. Tracks in center of street; good repair, not ob- struct passage. All street railway tracks laid in pursuance of this grant, shall be laid and kept as nearly as practicable in the center of the street, or as directed by the City Council, and on a level with the established grade of the streets upon .which such street railway tracks are laid. The said street railway tracks and appliances shall be kept and maintained at all times in good re- pair by E. S. Alnut, his heirs, successors and assigns, and shall obstruct as little as possible the passage of vehicles over the same (§ 3, Ord. 1298, Feb, 12, 1906). 22-205. Pay City two per cent; pave crossings. That the said E. S. Alnut, his heirs, successors.and assigns, after the taking effect of this ordinance shall be required to pay unto the said City two (2) per cent of the gross receipts accruing from the passen- ger fares collected from all travel on said railway system within the city limits of the City of Salina, Kansas, due or to become due under the terms and provisions of said ordinance number 1298 but that in lieu. thereof the said E. S. Alnut, his heirs, suc- cessors and assigns shall each year during the first twelve (12) years of the existence of the franchise granted-herein spend in the general betterments and improvements of said railway system within the limits of the City of Salina, Kansas, at least two (Ti 240 Public Utilities; Franchises and Regulations. [Ch. 22,'Art. 2 Street Railway Franchise. per cent of the proceeds accruing each year from the passenger fares collected from all travel on said railway system within said City. That out of the said two (2) per cent first to he expended the said E. S. Alnut, his heirs, successors and assigns shall put in paved crossings at the intersections of the streets on all paved streets now occupied by the Salina Street Railway Company to conform with the paving now thereon, and shall, upon all streets that may be paved in the future, upon which said streets said rail- way may then be located, at its own expense pave the street rail- way crossings and one foot on each side thereof, in conformity with the paving that shall be put on the ;balance of said streets; that on all streets, avenues, alleys or lanes' or parts thereof-within • said City occupied by the tracks of the said street railway sys- ' tern to be paved, repaired or improved in the future the said E. S. Alnut, his heirs, successors and assigns shall replace any had ties that may be then in said street railway tracks with good serviceable ties and the said City reserves the right to pave under and around such tracks and on such street's (,§.4, Ord. 1298, Feb. 12, 1906; Amd. by. § 2, Ord. 2247, Apr. 19, 1919. 22-206. Rate of fare; school children half fare. The rate of fare for any one continuous and regular trip from one extreme point of the city limits to another or on :any line of said street railway, including transfer from one of the lines to another, shall not exceed 5c, and the owners and operators of said street rail- way system shall be required to give transfer tickets from one line of this railway to another without extra charge for a con- tinuous passage, but not for the transfer to a parallel return route. Provided that children of less than five years of age and accom- ' panied by parents or some other person in charge thereof, shalt be allowed to ride free, and further provided that all policemen and firemen of the City of Salina, and• United States Mail Carriers, while in the discharge of their duties, and wearing uni- form or displaying badges of office shall be allowed to ride free. For children under the age of sixteen years going to and from the public schools, the fare shall not exceed two and one-half cents (2%) for a one way trip (§ 5, Ord. 1298, Feb. 12, 1906. • 22-207. Commence work; unpaved',crossings; hours and intervals of service. That said E. S. Alnutt, his heirs, successors and assigns shall begin actual work within the corporate limits on said street railway within ninety days from the adoption of • this ordinance, and shall have not less than one mile constructed in six months and cars running on not less than four miles. on one or more of the streets within twelve months from the adoption of this Ordinance, and shall continuously operate, said Line during • • • 256- Public Utilities; Franchises and Regulations. [Ch. 22, Art. 6 Miscellaneous Regulations. • 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 corporation' to set or erect any telegraph or telephone poles or pole line in any street, avenue Or alley in the City of Salina, 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 sec- tion 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 telegraph and telephone lines constructed after the adoption of this ordinance, along or across ,any street, avenue or alley in the territory de- scribed 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; Provided, that this section shall not be construed to prevent additional cables and lines being ,placed on • telegraph or telephone poles in use prior to January 1st, 1910 (§ 2, Ord. 1532, Jan. 6-1910). e 22-610. Violation of Secs. 22-608 and 22-609; penalty. Any person, company or corporation setting poles 'or placing wires - or cables in the streets, avenues or alleys of the City in violation of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Police Court shall be punished by a fine in any sum not exceeding fifty dollars for each offense (§ 3, Ord.'1532. Jan. 6, 1910). 22-611. Poles removed from Santa Fe and Iron Avenues. It is hereby ordered that all telegraph, telephone and electric light poles now. being on Santa Fe Avenue 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. :721, July ' , 1913). 22-612. Removal of same by City. That in all cases where the owners of such poles and posts.required 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 , 1913). 22-613. Trees; light and telephone companies to trim; • supervision. That where trees and branches extending over the streets, avenues and alleys of the City of Salina obstruct and pre- Ch. 22,Art. 6] Public Utilities; Franchises and Regulations. 255. Miscellaneous Regulations. - without the same having wholly passed through and been measured by a meter provided for such purpose (§ 3, Ord. 2462, March 6-1922). 22-604. Employees of company; enter premises for in spection. That the servants and employees of every company or corporation supplying gas, electric 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 current or water supplied to such consumer and a denial of'such right of inspection'. during reasonable hours by any consumer at meter.rates, shall lbe. prima facie ei-idence 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 Secs. 22-601, 22-602 and 22-603, pen alty; company not bound to furnish gas, electricity or water.' Every person who shall knowingly of 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, elec- tric light, street car, and other poles now standing or hereafter 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). 22-607. Violation; of Sec 22-606; penalty. Any person, firm, company or corporation failing or refusing to comply with . the provisions of this ordinance, within ninety (90) 'lays after the publication of this ordinance, shall be deemed guilty of a mis- demeanor and be punished by a fine not exceeding one hundred dollars (§.2, Ord. 1482, April 19, 1909). • 254 Public Utilities; Franchises and Regulations. [Ch. 22, Art. G . . _ Miscellaneous Regulations. ' • they- now are, and to the satisfaction of the said City Engineer (§ 3, Ord. 8-19-1907). 22-510. Rules and regulations of City to govern Secs. 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. 1387, 8-19-1907). ARTICLE 6.—MISCELLANEOUS REGULATIONS. • 22-601. Tampering with electric, gas or water meters, wires or pipes; misdemeanor. Every person who 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 cor- poration supplying gas, electric current or water to the City of Salina or its inhabitants, or who shall attach thereto any contriv- ance, 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 passing through and being measured by, the meter provided 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 quan- tity 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). 22-603. Unlawful device on premises; prima facie evi- dence against consumer. Proof of the existence of any con- trivance, mechanism or device which prevents, or which may be designed or intended to prevent the whole quantity of gas. electric cutrent 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 con- , ' sumer knew of the existence 'thereof, and that he was knowingly taking and using gas, electric current or water as the case may be, • Ch: 22,Art. 5] Public Utilities; Franchises and Regulations. 358 Miscellaneous Franchises and Grants.. 22-504. Shellabarger Mill & Elevator Company; poles, • etc. That The Shellabarger Mill.& Elevator Company, its suc- cessors and assigns, shall have the right, subject to the conditions and restrictions hereinafter set forth, to erect and maintain poles or posts and carry thereon insulated wires for the purpose of'carry- ing and transmitting electrical currents, 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 Railroad, 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 0 1, Ord. 1203, 10-19-1903). 22-505. Location of poles. Such posts shall be set at points to be designated lw 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 (a 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 expressed and shall remain subject to all reason- able rules and regulations now or hereafter enacted by the Mayor and Council of said City 0 3, 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, sub* ject 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 said 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 (0 2, 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 • 252 Public Utilities; Franchises and Regulations. [Ch. 22,Art. 5 Miscellaneous Franchises and Grants. 22-404. Penalty for violation. § 4. That any person, partnership, company or corporation, or the president, superin- . tendent, manager, agent, servant or employe thereof, who shall fail, neglect or refuse to comply with any of the provisions or re- quirements of this ordinance, or who shall violate the same shall he deemed guilty of a misdemeanor, and upon conviction thereof in the Police Court, shall be fined in any sum not exceeding One Hundred Dollars for each and every offense. • 22-405. Take effect. § 5. This ordinance shall take effect and be in force from and after its publication once in the official City paper. Passed and approved, June 16, 1913. (Seal) V. E. NIQUETTE, Mayor. Attest: Clips. E. BANKER, City Clerk. ' • • ARTICLE 5.—MISCELLANEOUS FRANCHISES AND GRANTS. • 22-501. W. E. Whittaker; poles, etc. That permission be and the same is hereby granted to W. E. Whittaker to erect, main- . taro and operate a line or 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 Street and Santa Fe Avenue and the alley. between Santa Fe Avenue and Seventh Street to Walnut Street, subject,' however, to all reasonable• regulations and restrictions hereafter adopted by the Mayor and Councilmen of said. City (§ 1, Ord. 989, 4-24-1899). • 22-502. Conditions governing Sec. 22-501. The poles and wires erected tinder 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 per- mission 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. (§ I, Ord. 1011, 8-21-1899). • • • Ch. 22, Art. 4] Public Utilities; Franchises and Regulations. . 231. Street Railways; Regulating Operations.. Avenue between Ash and Walnut Streets, or at a greater speed than twenty miles per hour in any other part of the City. Third. No car shall be drawn or propelled at a greater rate . of speed than four miles per hour while turning the corners from one street to the other. Fourth. No car shall be allowed to stop on the crosswalks, ex- cept to avoid collisions, or to prevent danger to persons in the street. Fifth.• The conductor or motorman of .any car, and the per- son•operating the motor of any car or train of cars, shall keep a vigilant watch for all vehicles and persons on foot, especially • children, either on the track or moving towards it, and on the first appearance of danger to such persons or vehicles, the cars shall be stopped 'in the shortest space possible. Sixth. Conductors or motormen shall not allow ladies and children to leave or enter the car while the same is in motion.• Seventh. Conductors or motormen shall announce to pas- sengers the names of the streets and the places where the cars connect with or intersect ally other street railway line; and shall also announce the name of each street crossing, at' least, fifty feet before the car reaches said street crossing. Eighth. The motorman or conductor of every car shall remain at the front of the car and in charge of the motor while the car is in motion, and shall sound a gong or alarm just he- - fore crossing any intersecting street. Ninth. All cars after sunset shall be provided with and keep lighted suitable headlights. Tenth. All street railway cars shall be brought to a full stop before crossing any other street railway track or any steam rail- way track in the City over which such street car line extends. Eleventh. No street car shall stop on any street intersection, except to prevent accident; and all cars going north shall be stopped with the front platform at the south crossing; cars going south with the front platform at the north crossing; cars going west with the front platform at the east crossing; and cars going east with the front platform at the west crossing. 22-403. Violation of ordinance: § 3. That any reason, Partnership, company or corporation owning or operating any street railway in the City of Salina, who shall fail, neglect or refuse to comply with the requirements and provisions of this ordinance, shall he deemed guilty of a violation of this ordinance, and each and every day that said person, partnership, company or corpora- tion fails to comply with the requirements and provisions hereof' shall he deemed and is hereby declared to be a distinct and sepa- rate offense and violation of this ordinance. • 250 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 4 Street Railways; Regulating Operations. • person, company, partnership or corporation or the president, manager, agent or employe thereof, shall fail to comply with the provisions of this ordinance shall be deemed and is hereby declared a'separate and distinct violation hereof.. Every person, company. partnership or corporation or the president, manager, agent or employe thereof, violating any of the provisions of this ordinance shall, upon conviction thereof in the police court, be fined in any sum not less than Twenty-five Dollars, ($25.00) and not more than One Hundred Dollars, ($100.00)` for each and every such offense. 22-318. Repeal of prior ordinance. § 18. Ordinance No. 1496, passed and approved June 21, 19W, is hereby repealed. 22-319. Take effect. § 19. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. Passed and approved, September 200, 1915, J. E. PutNAM, Mayor. Attest: CHAS. E. BANKER, City Clerk. ARTICLE 4.—STREET RAILWAYS; REGULATING OPERATIONS. • (Published in The Salina Journal, June 21st, 1913.), Ordinance No. 1718. • An ordinance regulating the operation of street railways in the City of Salina,, and providing penalties for the violation hereof. Be it ordained by the Mayor and Councilmen of the City of Sali na: 22-401. Street cars equipped with fenders. § 1. That any Person, partnership, company or corporation owning or oper- ating any line of street railway in the City of Salina shall supply and equip the cars thereof with proper sized fenders, and use the same on such cars. 22-402. Rules for operation. §2. That the following rules and regulations concerning the running of street railway cars shall be binding upon and be observed by every person, part- nership • company or corporation, and agents, servants or em- ployes of the same, in the City of Salina: First. No cars, when not in actual use for passenger serv- ices, or travel, shall be kept standing in any street or other thoroughfare. Second. No street railway car shall be drawn or propelled at a greater rate of speed than ten miles per hour on Santa Fe • Ch. 22, Art. 3] Public Utilities; Franchises and Regulations. 240 Street Railways; Regulating Construction and Maintenance. outside Of each rail, and from one side of the cross street to the other, and to come flush with the top of the rails. Provided, that the City Council may, in all cases where reasonably necessary for the proper police regulation of said City or for the proper regu- lation and maintenance of the streets and alleys thereof, desig hate which of the above named materials shall be used in the construction of such crossings, and the manner of such construc- tion. 22-313. No tracks above street grade. § 13. No person,. - partnership, finis or corporation owning or operating a street railway in the City of Salina shall, at any place in said City construct or maintain its track with the rails of the same on a • higher or lower level than the street grade at the point laid or so as to in any manner interfere with the safe and convenient use of any street or alley in said City as a public roadway. 22-314. Trolley wires 16 feet above street. § 14. Every person. partnership, .firm or corporation owning or operating a street railway in the City of Salina, and using and maintaining any trolley wire in connection therewith; shall at all times•have said trolley wire suspended at least sixteen (16) feet about the sur- face of the street on which such trolley wire is located. 22-315. Double track; cars on right. § 15. Whenever any person, partnership, firm or corporation shall at any point in the• City of ,Salina, have constructed and have in operation a double track, they shall run all cars along said double track on the track on the right side, in the direction in which said car is moving; Provided, however, that they may run any car on the left track, in the direction in which said car is moving, for a distance of three times the length of said car, and no further, for the purpose of switching from one track to the other. 22-316. City may make regulations. § 16. Nothing in this ordinance, or any permit issued under the provisions hereof, shall be construed as preventing the City Council from at any time issuing and making any reasonable order or regulation, in regard to the construction, repair or maintenance of any street railway track in said City of Salina, which in their judgment is necessary for the protection of the public or the proper care and maintenance of the streets or alleys of said City., 22-317. Violations of ordinance; penalty. § 17. That any person, company, partnership or corporation owning or oper- ating. any street railway in the City of Salina, Kansas, or the president, manager, agent or employe thereof, who shall fail to comply with the provisions of this ordinance shall be deemed cmilty of a misdemeanor; and each and every day-that any such • 548 Public Utilities; Franchises and Regulations, [Ch. 22, Art. 3 Street Railways; Regulating Construction and Maintenance. • 22-309. City Engineer establish grades: § 9. The City Engineer of the City of Salina, shall establish all grades for the construction and laying of street railway tracks' in said City and all street railway tracks laid or. constructed in the City of Salina, • shall be laid and maintained to such grade. 22-310. Material; method of • construction. § 10. All ties used in the building, rebuilding or repairing of street railway tracks, in the City of Salina, shall. be good, straight, sound ties, at least six (6) inches by eight (8) inches in size and seven (7) feet long, and shall be laid not more than two (2) feet apart; from center to center, on a -foundation of broken stone not less than four (4) inches below the bottom of said ties, all well tamped, and on all unpaved streets such broken stone shall ex- tend up between the ties and to within one-half (%) inch of the • top of the rails, all to be well rolled, and on all paved streets such foundation shall he not less than five (5) inches deep below the bottom of the ties and such broken stone shall extend up be- tween the ties high enough that the base of the pavement will rest thereon when put in place. 22-311. Railway company to maintain pavement. § 11. Every person, partnership, firm or corporation owning or operat- ing any street railway in the City of Salina, shall at all times keep that portion of the streets or alleys of said City, occupied by . their tracks, and lying between the rails thereof and for a dis- tance of one (1) 'foot on the outside of the rails, on either side of the track, in a good and serviceable condition as a public street and roadway, and shall keep the same clean and free from dirt or other refuse matter, and free of weeds, and when it be- , comes necessary to remove snow or ice from any such railway track, it shall be so distributed over the remainder of the street or alley as not to interfere with the safe and convenient use of said street or alley by the public as a roadway. No person, part- . nership, firm or corporation owning or operating a street railway in the City of Salina, shall scatter any dirt, broken stone, gravel or other refuse natter ovet the streets or alleys of said City, except as in this ordinance provided, and if so scattered other- wise, the same shall be immediately removed by the person, firm or corporation scattering it. 22-312. Crossings on unpaved streets. § 12. Every per son, partnership, firm or corporation owning or operating any street railway in the City of Salina,. shall at all times maintain good, safe and suitable crossings on all unpaved street 'crossings crossed by their tracks. Such crossings to he constructed of either boards, concrete, cement, broken stone or other suitable ballast, to extend from rail to rail, and one (1) foot on the • Ch. 22, Art. 3] Public Utilities; Franchises and Regulations. _,t: Street Railways; Regulating Construction and Maintenance. - repairing any street railway in the City of Salina shall, at any one time, have more than Five Hundred (500) feet of the surface of any street or alley in said City dug up, removed or disturbed; and any such person, partnership, firm or corporation digging up, removing or disturbing any pavement; macadam;or dirt on any • • street or alley in the City of Salina, for the purpose of building, rebuilding or repairing any street railway in said City, shall with- _ in tell (10) clays, or a less time if reasonable and so specified in the permit to do such work, from the time such pavement, • macadam or dirt was so dug up, removed or disturbed at any point replace such pavement, macadam or dirt at that point on said street or alley and in so far as their work or acts have affected said street or alley, at that point, put the same in a good and serviceable condition as a roadway. 22-307. Removing and replacing paving, etc. § 7.. All street pavement or macadam cut into, dug up, removed or dis- turbed, under any permit herein provided for, shall be replaced and removed with the same kind of material as that taken up or disturbed and in as perfect and substantial condition as be- fore being taken up or disturbed, and such.replacing and renew- ' ing of said pavement or macadam shall be clone by men ex- perienced in such work and fully qualified to do. the same in a proper and workmanlike manner. 22-308. Part of street kept open. § 8. All permits issued under this ordinance shall among other things, fix reasonable bounds within which the applicant therefor may occupy the street • or alley desired to be excavated or disturbed, in operating under , said permit, and such applicant shall not• occupy, more of the street or alley than such permit provided for, either in prosecut- ing the work allowed to be done under.said permit, or in piling or scattering material for such work, or in piling or scattering dirt or stone thereon, or in any other'manner obstructing its use as a public roadway. Provided, that in all cases where reasonably . possible a part of said street or alley shall be kept'open for public use as a roadway, during the performance of any work under such permit, and that in order to keep apart of such street or alley open as a public roadway, any person, partnership, company or corporation operating under any such permit shall, when reason- ably necessary, keep all material and dirt, resulting from the per- formance of such work piled and kept on one side of said street or alley, and the Council may make any other reasonable provision therefor. Provided further, that no dirt or material shall be piled or scattered on the parking or sidewalk along such street, by the applicant operating under said permit, unless permission is given so to do in such permit. • • • 246 Public Utilities; Franchises•and Regulations. [Ch.22,Art. 3 Street Railways; Regulating Construction and Maintenance. • 22-304. Engineer make investigation and report. § 4. The City Clerk shall immediately; upon its receipt, forward the application above' provided for, to the Acting Chairman of the Street and Alley Committee, and the Street and Alley Com- mittee and the.City Engineer shall investigate the matter of the proposed work and present such application, and their report and recommendation on the same, to the City Council at the next regular meeting thereafter provided, however, that if such regular • meeting.shall occur within four (4) days after the Street and Alley Committee receive said application, they shall make their report and recommendation on the same•to the City Council at the next succeeding regular meeting thereafter. 22-305. Granting permit. §,5. If it shall be consistent with the proper regulation of the public streets of said City, and not in conflict with the proper police regulation of said City, the City Council shall, after hearing the report and recommenda- tion of the Street and Alley Committee, and City Engineer, grant the permit as applied for, but they shall not grant any permit until an application has been filed therefor, which is not in con- flict with the proper regulation of the streets and the proper police regulation of the City; Provided, however, that when the work desired to be done is repair work the Street and Alley Committee may grant a permit to do such work upon the filing of an application therefor, as above provided, and investigation and approval thereof; and provided further, that in all cases tin applicant for a permit shall, before receiving such permit, give to the City.of Salina a good and sufficient bond in the sum equal to Two Dollars ($2.00) for each running foot of single track • along which any pavement is to be dug up or disturbed, One Dollar ($1.00) for each running foot of single track along which any macadam is to be dug up or disturbed and Fifty Cents (50c) for each running foot of single track along which any dirt street is to be dug up or disturbed, none of which pavement, macadam or dirt street to be dug up or disturbed more than nine (9) feet in width along any line of track each line of said double •track shall be considered as so nmch single track; such bond shall be ap- proved as to sufficiency by the written approval of the Mayor and as to form by the City Attorney, and shall be conditioned that such applicant will faith hilly comply with all of the terms and conditions of this ordinance, in operating under such permit, and will indemnify and save harniless the City of Salina, against all costs, expenses, damages and injuries by said City sustained by reason of said applicant onerating under the permit applied for. 22-306. Not over 500 feet removed at one time. § 6. No person, partnership, firm or corporation building, rebuilding or • • Ch. 22,Art. 3] Public Utilities; Franchises and Regulations. 245 Street Railways; Regulating Construction and Maintenance. ARTICLE 3.—STREET RAILWAYS; REGULATING CONSTRUCTION AND MAINTENANCE. (Published in the Salina Evening Journal September 25, 1915.) Ordinance No. 1884. • • An ordinance regulating the construction, operation, building, re- building, repairing and maintenance of street railways •in the City of Salina, Kansas, providing penalties for the violation hereof, and repealing ordinance No. 1496, passed and ap- proved June 21, 1909. ' Be it ordained by the Mayor and Councilmen of the City of Saline: 22-301. Parties governed. § 1. Every person, partner:. ship, firm or corporation engaged in constructing, operating; building, rebuilding, repairing or maintaining any street railway in the City of Salina, shall be governed by and subject to the provisions of this ordinance. 22-302. Permit for excavations. § 2. Before any such person, partnership, firm or corporation shall make any excava- tion or dig any trench or ditch in any of the streets, alleys or . other public grounds in the said City of Salina, or shall dig up, take up, remove or disturb, in any manner or to any extent any of the paving or macadam on any of the streets, alleys or other pub- lic grounds in said City, for the purpose of building, rebuilding. • repairing or maintaining any street railway, they shall obtain from the City Council of said City,a permit to do such work. 22-303. Application; contents. § 3. For 'the purpose of obtaining the permit above provided for, the party desiring to obtain the same shall file with the City Clerk of Salina a written application asking for such permit. Such application shall state: First. The-location at which said work is to be done. Second. The purpose for which said work is intended and the nature and kind of work intended to be clone, giving a full description of the same. Third. The time when the work is intended to be com- menced thereon and the time required to, complete the same. Fourth. The portion they intend to occupy in any street or alley, both as to length and width, in the performance of said • work to the exclusion of the public use of such portion as a public roadway. • Fifth. Inny case where rails are to he placed on any such street car track, the weight of the rails so to be laid. • Sixth. Whether the track to he built is to he single or double track and where it is intended to be laid on the street on which it is to be constructed. • • 244 Public Utilities; Franchises and Regulations. [Ch. 22, Art. 2 Street Railway Franchise. • they shall in either and all cases remove their tracks from the streets and public grounds of said City and said streets shall be placed in thorough repair by the said E. S. Alnutt, his heirs, suc- cessors and assigns (§ 17, Ord. 1298, Feb. 12, 1906). 22-219. Save City harmless account damage. • The said E. S. Alnutt, his heirs, successors and assigns shall save the City of Salina harmless from all costs, damages and expenses for the payment of which the City may become liable to any person or persons or corporation or corporations by reason of the con- struction, maintenance or operation of said system, tracks, power house and appurtenances thereto by reason of the said E. S. Alnutt, his heirs, successors and assigns failing to conform to or comply with the requirements and provisions of this ordinance , and shall keep the principal office of said railway system in the City of Salina (§ 18, Ord. 1298, Feb. 12, 1906). 22-220. Acceptance by grantee. Said E. S. Alnutt, his heirs, successors,and assigns, within 30 days from the adoption of this ordinance, shall file with the City Clerk of this City his acceptance of the privileges and rights of such franchise herein granted, subject to restrictions and qualifications herein men- tioned. And the said E. S. Alnutt, his heirs, successors, and as- signs shall 'pay the cost of the publication of this ordinance 019, Ord. 1298, Feb. 12, 1906). - 22-221. Take effect. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal (§.20, Ord. 1298, Feb. 12, 1906). • Published in Salina Evening Journal Feb. 13, I906. Ordinance 1298 accepted in writing filed in' City Clerk's of- fice.Feb. 12, 1906. Ordinance 2247 amending Ordinance 1298 accepted in writ- ing filed in City Clerk's office April 23rd, 1919. Ordinance construed: • City of Salina vs. Salina Street Rail- • Way Company, 114 Kans. 734. • • • • Ch. 22, Art. 2] Public Utilities; Franchises and Regulations. - 243 Street Railway Franchise. • 22-215. Right in City to impose regulations. The City reserves the right to impose reasonable' regulations and restric- tions on the said E. S. Alnutt, his heirs, successors and assigns in respect to the speed at which cars may run, and such other regulations as may be necessary to secure the safety and comfort of passengers in said cars, and for the protection of the people using such streets (§ 14, Ord. 1298, Feb. 12, 1906). 22-216. Right of way; other vehicles turn out. Cars of said railway system shall at all times be entitled to its tracks, and the driver of any vehicle on the track or at the side thereof, shall • turn out such vehicle before the approach of any car, provided that teams or other fire apparatus of the City of Salina, on an- swering an alarm of fire shall have the right of way, upon, over and across and along the track of said railway system, and the. , cars of said railway system -shall be stopped immediately upon . the sounding of the fire alarm and approach of fire apparatus, and at all times the cars shall be stopped when the apparatus of the fire department shall be within a distance of 300 feet of the cars of said railway, and said cars shall remain at a standstill• until the city fire department has passed (sj 15, Ord. 1298, Feb. 12, 1906). 22-217. • Right to grant other franchises. If at any time after the expiration of two years, the City Council shall deem it necessary to the interests of the City to construct a street rail- way on any other streets of the City of Salina on which at the time there shall-be no street railway in operation, and said City Council shall give notice in writing to the said E. S. Alnutt, his successors and assigns of a desire for said railway, and if the said E. S. Alnutt, his successors and assigns shall fail to con- struct and operate a street railway on such street or streets with- in six months after the date of such notice, then the said E. S.. Alnutt, his heirs, successors or assigns shall forfeit the right of \vav on such street or streets specified in said notice, provided that the said E. S. Alnutt. his heirs, successors and assigns shall • not be required to construct more than two miles of new railway within any one year after receiving such notice (§ 16, Ord. 1298, Feb. 12, 1906). 22-218. Failure to run cars; remove tracks from streets. If during the. existence of this franchise, the said E. S. Alnutt, his heirs, successors and assigns shall for any cause fail to run their cars over any portion of said railway tracks, or if any por- tion of such tracks shall be abandoned, or if, after the expiration of the grant of this franchise, the said E. S. Alnutt, his suc- cessors and assigns shall cease to operate their cars in said City, 242 Public Utilities; Franchises and Regulations. [Ch. 22,Art. 2 Street Railway Franchise. way at the city limits to any line of interurban raihvay, and shall be allowed to grant the privilege to any such interurban line to operate or jointly operate cars on any or all streets on which a railway has been constructed by E. S. Alnutt, his heirs and as- signs under this ordinance (§ 10, Ord. 1298, Feb. 12, 1906). 22-212. Other tracks right to cross. A right to grant other individual or individuals, corporation or corporations, the right and privileges to cross the tracks laid under this franchise with other tracks for -street railway purposes, is hereby reserved to the City, except that the city hereby contracts and agrees to . grant no such franchise as will interfere with the operation of the cars of the said E. S. Alnutt, his heirs, successors and as- signs. The said City reserves the right to take up the tracks and • remove the rails of said railway system, when necessary to effect ally public improvement: The taking up and relaying of •such tracks, and placing the roadbed in its proper condition to be clone at' the expense of the City without unnecessary delay. When- ever it becomes necessary to remove snow or ice from .said tracks, it shall be removed and distributed by said E. S. Alnutt his successors and assigns over and along said streets, so as not to obstruct the free use•and Occupancy of the streets by the public ( 11: Ord. 1298, Feb. 12, 1906). 22-213. Erect poles. For the convenient operation of said street railway in connection with interurban railway the said E. S.. Alnutt, his heirs, successors and assigns are hereby given, the right and privilege to erect such poles and wires either for tele- phone or telegraph, or both as the operating of said street rail- Way may require; provided that the right to attach at any time to any of said poles the City fire alarm wires is hereby expressly reserved to the City, and said poles are hereby made a municipal instrumentality for that purpose, providing such attachment be made so as not to interfere with such poles for street railway pur- poses, and 'such attachments shall' he made and Maintained under the direction of said E. S. Alnutt, his heirs, successors and as- signs ($ 12, Ord. 1298, Feb. 12, 1906). • . - 22-214. Police protection. Said street railway, its em-, ployes and property shall be under the 'police protection of said City, and it shall be the duty of the officers of the said City to give assistance such as is needed to keep persons, teams and other obstructions from impeding the traffic of said street railway; nor will the City permit the various 'steam lines entering the corporate limits of the City to allow either freight or passenger •trains to remain on the crossing of said street railway for a longer period than five minutes (§ 13, Ord. 1298, Feb. 12, 1906). • • • Ch. 22, Art. 2] Public'Utilities; Franchises and Regulations. 241 Street Railway Franchise. the life of this- franchise. The first track laid shall be on Santa Fe Avenue from Kansas Wesleyan University to North Street, thence west on North Street to Ninth Street, thence south on Ninth Street to Ash Street, thence east on Ash Street to Santa Fe Avenue. E. S. Alnutt, his heirs, successors and assigns shall at all unpaved crossings put in suitable ballast, either boards, cement or suitable material to come flush with top of the rails, and all crossings where tracks are laid, and such crossings ballast to ex- tend from rail 'to rail, and 12 inches on the outside of said rail • and from one side of the cross street to the other, and all such crossing ballast shall he maintained and kept in repair by E. S. Alnutt, his heirs, successors and assigns until such. crossings may be paved. Said E. S. Alnutt, his heirs, successors and assigns • shall operate the cars between the hours of six o'clock A. M. and eleven o'clock P. M., at intervals ,not. greater than one-half hour, on each and every day during the life of this franchise, after the commencement of regular service, and on Santa Fe Avenue at intervals not greater than one-fourth hour, and a failure so to do, shall work a forfeiture of any and all rights herein granted. An exception is made to the above, in so much that if the said E. S. Alnutt, his heirs, successors and assigns are prevented from operating the cars on account of strikes, interference of municipal, civil, state or military authorities, or because of said authorities preventing the Operation of said cars, or for any other unavoidable • cause, then the cessation of service shall not work as a forfeiture. of this franchise or any part of it, or any of the rights or privileges herein ($ 6, Ord. 1298, Feb. 12, 1906). • 22-208. New cars; clean; good repair; heated. The said system of street' railway shall be equipped with new cars of the latest improved pattern, and all cars shall at times be kept clean and in .good repair, properly painted, and heated comfortably in cold weather (§ 7, Ord. 1298, Feb. 12, 1906 . 22-209. Culverts and drains. The said E. S. Alnutt, his heirs, successors and assigns shall put in all necessary culverts and drain boxes, under the direction of the City Street Commis- sioner, when it•is necessary to put them in for the drainage of the surface of the street along the line of said street railway, but not for sewerage or other City improvements (ti 8, Ord. 1298, Feb. 12, 1906). 22-210. Weight of rails. All rails used in the construction of said street railway shall not he lighter than forty pounds to the -lineal yard (S 9: Ord. 1298, Feb. 12, 1906). • '22-211. Connect with interurban. E. S. Alnutt, his heirs, and assigns shall have the privilege of connecting the line of rail- Ch. 2'L,Art. 11 Railroad Rights of Way. • 237. C., K. & N. Ry. Co. .(Rock Island). vent the proper construction and operation of electric light, power and telephone lines, such trees or branches may be cut and trimmed by the company operating such lines sufficient to permit the proper. ' construction and operation of sitch lines, such-trimming, however, to be clone under the direction and supervision of the Street Com- missioner of said City and in such manner as not to unnecessarily injure or impair the life and appearance of,such trees (§ 1, Ord. 1573, Aug. 15, 1910). CHAPTER 23.-RAILROAD RIGHTS OF WAY. Article 1.-Chicago, Kansas & Neb. Ry 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 Railroad Company (Missouri Pacific).-23-401 to 23-405. 5.-Kansas and Colorado Pacific Ry. Co. .(Missouri Pacific).-23-501 to 23-511. 6.-Missouri Pacific Railway Company.-23-601. to 23-623. 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 23-943. 10.-Ordinances and Contracts Relating to Union Sta- tion.-23-1001 to 23-1010. • ARTICLE 1.-CHICAGO, KANSAS AND NEBRASKA RAILWAY CO. (ROCK ISLAND). • Ordinance No. 568. • (Published in Salina Daily Journal, June 17, 1887,1887.) An Ordinance concerning the right of way of the Chicago, Kansas and Nebraska Railway Company. Be it ordained by the Mayor •and Councilmen of the City of Salina: • 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'Company, for right of way for a • 258 Railroad Rights of Way. [Ch. 23, Art. 1 C:, K. & N. Ry. .Co. (Rock Island). railway with turnouts and side tracks and for other railway pur- poses 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 Addi- tion 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 & 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- 1'6-17-18-19-20-21-22-23-24-25 and 26 in Block 8, Dtpot Addi- tion-,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 he- longing,to J. Weaver on Thirteenth Street west of Block No. 13, Depot Addition to the City of Salina. 23-1.02. City Engineer to make plat § 2. The City En- gineer is hereby directed forthwith to make a survey and plot of the Parcels and tracts of land above described as provided in Sec- tion 1 of Ordinance 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. § 1. That the right of way be and the same is hereby granted to the Chicago, Kansas and Nebraska Railway Company, its successors and assigns to construct, operate and forever maintain the main line of' its, railway„ with such sidetracks, switches and second tracks, appur- tenant 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, Ch. 23, Art. 1] Railroad Rights of Way. 259 C., K. & N. Ry. Co. (Rock Island). 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, Simp- son Street, Clark Street, Chicago Avenue 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 railway 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. § 3. 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 crossings, culverts and waterways are to be so constructed 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 de- scribed, and upon which the railroad tracks, switches, turnouts and side tracks hereby authorized to be construed shall be built,.shall be, remain and vest in such railway company its successors and assigns,'so long as the same be used as aforesaid for the , pur- pose 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 Company, 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 hundred 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 restric- 360 • Railroad Rights of Way. [Ch. 23, Art. 2 • C., K. & W. R. R. Co. (Santa Fe). tions and conditions hereinafter. 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 crossings; cul- verts, etc. § 2. Said side track or spur shall be constructed and maintained at the established 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 suitable 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 for- feited and revert to said City. • ARTICLE 2.—CHICAGO, KANSAS AND WESTERN RAILROAD COMPANY (SANTA FE). • Ordinance No. 564. (Published in Salina Daily Journal, June 7, 1887.) An Ordinance concerning the right of way for the Chicago, Kan- sas'and Western Railroad. Be it ordained by the Mayor and Councilmen of the City of • Salina, Kansas: 23-201. Land for right of way taken. § 1. It is hereby proposed and determined to take for the use of the Chicago, Kansas and Western Railroad Company for right of way a rail- road with turn outs and side tracks and for other railroad purposes the following described real estate situated in the City of Salina, Saline County, Kansas, to-wit: Beginning 930 feet south of the north west corner of the south east 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 north west corner, thence north 162Y2 feet, thence west parallel with the center line of said section to the southern boundary of the Missouri Pacifioright of way, thence westerly along said'right of way to the east line of Front Street, thence south to the place of beginning. 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 Ch. 23,Art, 2] Railroad Rights of Way. 201 C., K. & W. R. R. Co. (Santa Fe). 28 on Fourth Street, Lots 24-25-26-27-28 & 30 on Fifth Street, Lots 23-24-25-26-27-28 & 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 Sub-Division of Church Park on Eighth Street, s% of Lot 24 and Lot 25, N,% E/ Lot 28 on Eighth Street, Lot 18 on Ninth Street, Bishop's Addn:, Lots 61 and 62 on Tenth Street, Bishop's Addition, NY, Lot 11•on Eleventh Street, NY,. 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 Addi. • 23-202. City Engineer make survey. § 2. The City En-' gineer is hereby directed forthwith to make a survey and plat of the parcels and tracts of land above described as provided in Sec- tion 1. of Ordinance No. 381, approved 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, provides for the appro- priation of certain private property for the use of the Chicago. Kansas & Western Railroad Comany for right of way through the City of Salina and for depot grounds, terminal facilities and other purposes; such land being described as follows: Lots 7 to 11 inclusive in Block 13, Lots 8 to 12 inclusive and Lots 16 to 20 inclusive in Block 12; Lots I to 9 inclusive and Lots 11 to 15 in- . elusive 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 Ad- dition 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 inclusive 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 Ad- dition, 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. Lot's 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 ordinance also provides for the appointment of com- , missioners 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. 962 • Railroad Rights of Way. [Ch. 23,Art. 2 C., K. & W. R. R. Co. (Santa Fe). • Ordinance No. 586. (Published in Salina Daily Journal, July 29, 1887.) 23-204. Right of way granted for main line across cer- tain streets and alleys. § 1. That there be and hereby is granted to the Chicago, Kansas and Western Railroad Company the right to construct, operate and forever maintain a line of standard gauge railroad into and thru the City of Salina, Kansas, commencing at a point 223 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 or. file in the office of the City Clerk of said City over and across all intermediate streets and alleys when completed or which may here- _ after be completed until the line reaches Front Street, thence across Front Street continuing in a south westerly direction across Pacific Street„Second Street, Third Street, Fourth Street, North Street, Fifth- Street, Santa Fe Avenue, Seventh Street, Eighth Street, Ninth Street, Tenth Street, Eleventh Street, Twelfth Street and Thirteenth .Street and over and across all intervening alleys and streets between said Front Street and Thirteenth Street, which are now or hereafter may be located between the point of begin- • ning through said City. 23-205. Side tracks authorized. § 2. That the said The Chicago, Kansas and Western Railroad Company be and is hereby authorized 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 commencing at a point of connection with the main track of said line of railroad between Second and Third Streets in said City, crossing Third Street and North Street and down Fourth Street along the east side of the Salina and Southwestern Railway to Iron Avenue in the neighborhood of the elevators in said City, crossing all intervening streets and alleys, the center of said traek shall be laid 20 feet from the center of said The Salina and Southwestern 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 Company, 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 Ch. 23,Art. 2] Railroad Rights of Way. 263 C., K. & W. R, R. Co. (Santa Fe). 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 Fe 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 exercised 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 rail- road 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 purpose of said rail- road company and with all reasonable rules and regulations herein- after made by the City of Salina, Kansas, in the exercise of its legal police power; Provided however, the City of Salina reserves to itself the right to grant to any other railroad company or com- panies the right of way to construct, maintain and operate tracks and run engines, cars and trains upon the same, upon any portion of said North Street not actually used and occupied by said Chicago, Kansas and Western Railroad Company, by virtue of this ' ordinance. 23-209. Construct and maintain crossings and culverts. § 3. That the Chicago. Kansas and Western Railroad Company- shall make, provide and maintain at its own expense, substantial and sufficient crossings and approaches over its railroad track for each street crossing said track on North Street and on Seventh Street, and shall make, provide and maintain all necessary culverts tinder said track for the passage of water, and shall leave no obstruction in said North Street not necessary for the proper con- struction and operation of said railroad 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 sustained, 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 adjudged.. 23-211. Not interfere with grants to other companies. § 5. That the right of way hereby granted to the Chicago, Kansas and Western Railroad Company 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. • 264. Railroad Rights of Way. [Ch. 33,Arts.3, 4 • C., R. I &.P. R. R. Co.; K. & C. R. R. Co.. (Mo. Pac.). 23-212. Cars not stand in-North Street. § 6. That the said Chicago, Kansas and Western Railroad Company or any com- pany 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-. . ..) • (Published in the Salina Daily Union, January 21, 1918.) Ordinance No. 2143. • 23-301. ' Right of way for switch track across Fifth Street. § 1. That the right of way be and the same is hereby granted to the Chicago, Rock Island and Pacific Railroad Con- , pany to build, maintain and operate a switch track and to run its trains, engines, cars thereon upon and across Fifth Street in the City of Salina, Kansas, a distance of about, 15 feet north of the. present main line track of said company as the same now crosses Fifth Street in said City. 23-302. Specifications of City Engineer. § 2. Said switch track to be built and constructed in accordance with the plans and specifications of the City Engineer and the Street and Alley Committee relating to railroad crossings on unpaved streets. in said City. ARTICLE 4.—KANSAS AND COLORADO RAILROAD COMPANY (MISSOURI PACIFIC). Ordinance No. 500. (Published in Saline County Journal, Aug. 19, 1886.) • 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 Colorado Railroad Company, its suc- cessors, lessees and assigns to construct, maintain and operate a • single track railroad and such .side tracks as it shall deem nec- essary 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 osf 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 etreets, avenues and alleys intersecting or crossing said right of way herein granted, subject to the conditions and provisions of • Ch. 23,Art. 5] Railroad Rights of Way. 265 K. & C. P. R. R. Co. (Mo. Pac.). 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 shall be constructed. . 23-403. Construct and.maintain crossings and culverts. §.3. That the said Kansas -and Colorado Railroad Company, its successors, lessees and assigns shall make, provide and maintain at its own expense, substantial and sufficient crossings and ap- proaches over its railroad track for each street and alley crossing said track, when required so to! 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 railroad, and such damage or injury shall he 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, privi- leges and grants given by this ordinance to the said Railway Com-; patty; its successors, lessees and assigns shall be and vest in the said railroad company a long as the same shall be used for railway pur- poses and with reasonable rules and regulations hereafter made by the City of Salina in the exercise of its legal powers. ARTICLE 5.—KANSAS AND COLORADO PACIFIC RAIL-' WAY 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 Railway 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 intersection 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 hundred-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 conditions and provisions of this or- 266 Railroad Rights of Way. [Ch. 23,Art. 5 K. & C. P. R. R. Co. (Mo. Pac.). dinance, specified, and to all such police regulations as may be exercised by said City. 23-502. Conditions. § 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 purposes of said railroad company and for the accommodation of shippers over said track. 23-503. Construct and maintain crossings and culverts;,' no obstruction in Street. § 3. That the Kansas and Colorado Pacific ,Railroad Company shall make, provide and maintain at its own'expense substantial and sufficient crossings and approaches over said railroad track for each street or alley crossing said track, and shall make, provide and maintain all necessary cul- verts under said 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 railroad track. 23-504. 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 made, and such damage so sustained shall be substantiated and adjudged by due process of law, the. Kansas and Colorado Pacific Railroad Com- pany shall alone be responsible and pay all damages and injuries so sustained and adjudged. 23-505. Not 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 com- pany or cotpanies. Ordinance No. 985. (Published in Salina Daily Republican Journal, March 1889.) 23-506. Right of way for spur along North Street; con- , ditions. : § 1. That there be and is hereby granted to The Kansas and Colorado Pacific Railway Company, 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' the north side of the buildings and grounds of the Kansas Ice and Storage Company, subject however to• all reasonable regu- lations hereafter adopted by the Mayor and Councilmen of. the City of Salina, Kansas. . • • • I ' Ch. 23, Art. 5] Railroad Rights of Way. 261 K. & C. P. R. R. Co. (Mo. Pac.). Ordinance Number 994. (Published in Salina Daily Republican Journal, May . ., 1889.) 23-507. Right of way for switch track• across certain streets and alleys; conditions. §1. That there be and is here- by granted to the Kansas and Colorado Pacific Railway Company, its successors, lessees and assigns, the right to construct, maintain and operate a sidetrack in said City from a point on the main line of its railway near the west side of the alley between Fourth and Fifth Streets 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, Seventh 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. § 2. 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 constructed according to directions of the City Engineer. 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. § 1. That there he and is hereby granted to the Kansas & Colorado Pacific Railway 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, south- easterly over and across Pine Street and across Third Street to a connection with its spur now located 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. § 2. Said track shall be even with the street and alley grades as now or hereafter established and said grantee shall provide and maintain suitable crossings over and waterways under the same when, where and as required . by the Mayor and Council of said City. 2681 Railroad Rights of Way. [Ch. 23,Art. G • Mo. Pac. Ry. Co. 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. § 1. That there be and is hereby granted ,to Kansas and Colorado and Pacific Railway Company, the right to construct, 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 company 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 h.—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. § 1. That there be and is hereby granted to the Missouri Pacific Railway Company, its succes- sors and assigns, the right to construct, maintain and 'operate, iii the City,of Salina, a single side track or switch from a connec- tion 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 direction 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, however, to the conditions in this ordinance named. 23-602. Grade; crossings and culverts. § 2. Said side- track or switch shall be constructed and maintained at the estab- lished 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 cu!- verts and waterways under the same and along the same when, where and as directed by order of the Mayor and Council of said City. 23-603: Regulations. § 3. 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. § 4. That if said Missouri Pacific Railway Company shall fail or neglect to construct said side tract. • • Ch. 23, Art. 3] Railroad Rights of Way. . 269 Mo. Pac. Ry. Co. or switch within six months after the passage of this ordinance, or shall fail during such time to provide arid properly maintain such crossing over said Fifth Street, that all the rights herein granted to such company shall be forfeited and revert to said, City. 23-605. Other railroads. § 5. 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 ally point. Ordinance No. 1217. (Published in Salina Evening Journal, February 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 oper-° ate, in the City of Salina a single. side track or switch from a connection with its present sidetrack 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 established grade of said alley and said Fifth Street, and the said grantee, its successor and assigns, shall maintain suitable crossings over said track, and shall provide and maintain suitable and sufficient culverts and. waterways under the same where and as directed by the City. Council. 23-608. Regulations. § 3. That the right hereby granted shall he and remain subject to all reasonable regulations now or• hereafter enacted by the Mayor and Council'of said City. 23-609. Forfeiture. § 4. If the said Missouri Pacific Rail- way Company shall fail to construct such sidetrack or switch with- in 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 Railway Co. the right to make certain changes in its tracks lo- cated in Pine St. and Bishop St. and 9th St., at the intersec- tion of 9th St., said changes to consist of a re-alignment to the 270 Railroad Rights, of Way. '[Ch. 23,Art. 6 Mo..Pac. Ry. Co. ,north for the purpose of lessening the curvature in said tracks in a manner that will best serve the purpose of said Railway Co. The City of Salina further grants to the said Railway Co. 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. provided that no cars shall • be stored west of 9th Street (§ 3, Ord. 1303, 4-17-06). 23;611r Right' to change location of tracks on 'Bishop Street from Ninth to Fourteenth Street. § 1. That permis- sion is hereby granted to the Missouri Pacific Railway Company to change the location of its railroad track on Bishop Street, be- tween 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 indicated 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 Company shall leave all streets over Which such track is laid, when such change of location is com- pleted, in the proper condition for travel, and passage and re- passage over the same, and on condition that such railway com- pany shall build, construct and maintain all necessary and proper crossings.across said railway track at such street or streets as in- tersect said-track; Provided, however, that nothing in this ordi- nance contained shall be. deemed to authorize such railway com- pany 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. § 2. That a certain 'map or blue print marked for identification in' red ink as "Exhibit to Ordinance No. 1391," 'is hereby referred to as the map or blueprint specified and mentioned in section one of this_ordinance, and such map or blueprint is hereby specially attached to and made a 'part of this ordinance. (§ 2, 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. § 1. That a right of .way. he and the same is hereby. granted to the Missouri Pacific, Railroad Company to build, maintain and operate is switch track and to run its trains, engines and cars • • Ch. 23,Art. 6] Railroad Rights of Way. - 271 Mo. Pac. .Ry. Co. • thereon across Seventh Street in the.City of Salina, Kansas, 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 Company's track No. '1 and connected with the main line of the Missouri Pacific Railroad Company or near Pine Street in said City. 23-614. Plans and specifications of City Engineer. § 2. Said switch track shall be 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 rail- road 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 en- gines, trains and cars thereon across the alley between Santa Fe Avenue and Fifth Street and between Santa Fe Avenue and Seventh Street in said City. • 23-616. Grades; specifications of City Engineer. § 2. Said tracks shall be built and constructed upon the established grade of such alleys and in accordance with the plans and speci- fications of the City Engineer and the Street and Alley Com- mittee 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. • § 1. That the Missouri Pacific Railroad Company, its succes- sors 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 hi 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 pur- pose 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. 272 • Railroad Rights •of Way.. •[Ch. 23, Art. C 14to. Pac. Ry. Co. 23-618. Not to interfere with use of streets; crossings. §.2. Said track shall be constructed and maintained as not to in- terfere 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 conformity with city - ordinances in such cases now or hereafter, provided. 23-619. Removal; restore streets. § 3.. Said company, 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 condition then existing. • Ordinance No. 2871. (Published in The Salina Daily Union, October 31st, 1923.) 23-620, Right of way across Ninth Street south of Pine Street. • § 1. Missouri 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 Ninth Street in the,City of Salina, Kansas, in a' location described as follows : Beginning at a point on the main line of the Missouri Pacific Railroad Company approxi- mately-170 feet west of the west line of Ninth Street, thence run- ning in a southeasterly direction across Ninth Street to an inter- section 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 I street. 23-621. Crossings maintained. § 2.' Said railroad track and. the paving and street crossings affected thereby shall be con- structed, 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 hereafter adopted. Ordinance No. 2903,' (Published in The Salina Evening Journal, December 12th, 1923.) 23-622. Right of way across Eighth Street south of Pine Street. ;§ 1. Missouri Pacific Railroad Company is hereby granted the right to construct and it 'and its successors and as- signs thel right to maintain and operate a 'standard-gauge railroad track over and across Eighth Street in the City of Salina, Kansas, in' a 'location described as follows: •Beginning at the end of the present Missouri Pacific Railway Company switch track approxi- . I • 288 Railroad Rights•of Way. [Ch. 23,Art. 9 U. P. Hy. Co. tween 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 suc- cessors 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 intersection with Seventh Street, to conned with the present McPherson Branch switch. 23-924. Specifications of City Engineer; paved streets. § 2. • 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. 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 .Pacific Railroad Company, its suc- cessors and assigns, 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, 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 operate • Ch. 23,Art. 9] Railroad. Rights of Way. 287 U. P. Ry. Co. 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 approximately 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 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. 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 constructed upon said North Street as the same may he 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 constructed in accordance • with the plans and specifications 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. i§ 1. That the right of way he 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 thereon 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 direction over and across. the alley in the (block between Third and Fourth Streets and be- • • 2S6 .Railroad Rights of Way. [Ch. 23, Art. 9 U. P. Ry. Co. 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, Specification of City Engineer; paved streets. § 2. Said. switch to be built and constructed in accordance with the plans and specification of the City Engineer and the Street and Alley Committee of the City of Salina, Kansas, relating to railroad crossings on unpaved streets in said City. Ordinance No. 2113. (Published in Salina Daily Union, December 8, 1917.) • 23-915. Right of way across Ninth Street and along North Street. § I. That the right of way be and the same is • hereby granted to the Union Pacific Railroad 'Company to build, maintain and operate two switch tracks and to run its trains, en- gines 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 •intersection with Seventh Street to connect with the present Mc- Pherson Branch switch. 23-916. Plans and specifications of City Engineer; paved streets. § 2. 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, Seventh Street and along North Street. § 1. That the right of way be and the• same is hereby granted to the Union Pacific Railroad Com- pany 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, 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 operate 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 north 20 feet of North Street in said City, east of Seventh Street and between Santa Fe Avenue and across 'Santa Fe Avenue in • • Ch. 23,Art. 97. Railroad Rights of Way. 285 U. P. Ry. Co. • - 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 Company to construct, operate and maintain a railroad track for switch purposes from a connection with its present track in Fourth Street, at a point opposite Lot 28, on Fourth Street, and southerly therefrom 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 fall 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 Railroad Company. 23-912. Specifications of City Engineer; paved streets. § 2. Said switch track 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. 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. § 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 Fourth 284 Railroad Rights or Way. [Ch. 23,Art. 9 U. P. Ry. Co. 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 contained. 23-903. Grades; crossings and culverts. • § 2. Said side track or spur shall be constructed and maintained at the established grade of said street and alley and said!railway company shall pro- vide and maintain suitable crossings over said track at all street and alley crossings, and shall provide and maintain sufficient cul- verts 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. § 3. The right of way here- in granted shall be and remain subject to all reasonable regulations, now or hereafter enacted by the Mayor and Council of said City . 23-905. 'Railroad convey alley to City. § 4. The right of way herein granted is upon the express condition that said grantee shall convey, or cause to he 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. § 5. 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 he for- feited 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. § 1. That there be and is hereby granted to the Union Pacific Railroad Company, its successors, lessees and as- signs, 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 constructed 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. § 2. Said switch or side track- shall be constructed and maintained at the established grade of said Santa Fe Avenue and said Union Pacific Railroad Com- . patty 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 approval of the Mayor and Council. • • Ch. 23, Art. 9] Railroad Rights of Way. 28:3 U. P. Ry. Co. 23-827. Switching charges; freight from other roads; forfeiture. § 3. This ordinance and the grant hereby made is upon these express conditions, that the said spur shall he con- structed, completed and in operation within 6 months from the taking effect of this ordinance and that the said railway company •will deliver free of switching charges any carload lots of freight received by it for transportation to the said City of Salina, on the said spur for the purpose of being unloaded, at the request of the consignee of such freight, and will further deliver on said spur any carload lots of freight received 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 fot 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 of shall fail, neglect or refuse to comply with any of the other pro- Yisions of this section, then and in that event all rights hereby granted shall revert to and revest in the said City of Salina. ARTICLI 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. § 1. 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, specifications 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, Feb. . ., 1902.) 23-902. Right of way from Fourth and Elm, across Elm and along alley south of Elm. § 1. That there be and is here- by 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 • • 282 Railroad Rights of Way. [Ch. 23,Art. S S. & S. W. R. R. Co. (U. P.). • Ordinance No. 905. (Published in Salina Daily Republican Journal, Dec. 10, 1895.) 23-823. Right of way along Elm Street from Santa Fe Avenue east, and along Fourth Street. 5 1. The right of way is hereby granted to The Salina and Southwestern Railway Company, its successors and assigns to construct, operate and maintain 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 intersects 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 construct 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 Council- men of the said City of Salina, said crossings, 'culverts and waterways shall be constructed and maintained under the super- vision of and in accordance 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 described, 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 aforesaid for the pur- pose 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'exercise 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 provide for other streets and alleys than those now in existence to cross the said spur without being required to pay damages therefor. • Ch. 23, Art. 8] Railroad Rights of Way. 281 S. & S. W. R. R. Co. (U. P.). 23-818. Pay damages. § 4. That in case the property of any person or persons is damaged or injured by reason of the grant hereby made and such damage is sustained, shall be substantiated and adjudged by clue process of law the Salina and Southwestern Railway Company shall alone be responsible for and pay all dam- ages and injuries so sustained and adjudged. 23-819. Rights to other roads. § 5. That the right of way hereby granted to the Salina and Southwestern Railway Com- pany shall in no case affect the right of the City of Salina to grant the right of way over and across the track of said Salina and • Southwestern Railway on said streets, to any other railroad com- pany or companies. 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; conditions. § 1. That the right of way be and the same is hereby granted to the Salina and Southwestern Railway Company. to construct, main- tain and operate a single railroad track and run 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 Secs. 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, main- tain and operate a single side track with necessary connections with the main line of the Salina and Southwestern Railroad Com- pany 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 men- tioned and set forth in Ordinance No. 342 of said City of Salina (See Secs. 23-801 to 23-809). • • 280 Railroad Rights of Way. [Ch. 23,Art. 8 S. & S. IV. R. R. Co. (U. P.). • Ordinance No. 433. (Published in Saline County Journal, January 1, 1885.) - 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 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 or near where the track of said company not intersects the west line of Block 6 in the' Depot Ad- dition to the City of Salina, thence east across Ninth Street and on the south side of North Street and north of the right of way granted to the said Salina and Southwestern Railway Company on the 15th day of October, 1883, and at and to and connecting with the track of the said Salina and Southwestern Railway Conn • pany at some point on said track not more than 110 feet east of the east line of Ninth Street 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 October, - 15,1883, and to use the same subject to all the provisions and con- - ditions of this ordinance specified and to all such Police Regula- tions as may be exercised 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 , which the railroad track contemplated by this ordinance sall 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 exercise of its legal powers, provided however, the City of Salina reserves unto itself the right to grant to any other rail- road company or companies the right of way to construct, main- tain and operate a railroad 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 virtue of this ordinance. 23-817. Construct and maintain crossings and culverts, § 3. That the Salina and Southwestern Railway Company shall make, provide and maintain 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, provide 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 con- struction and operation of said railroad tracks. • • Ch. 23,Art. 81, Railroad Rightd of Way. 270 S. & S. W. R. R. Co. (U. P.). 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 shall 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 regulations 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 oper- ate 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 South Western Railway Company by virtue of this ordinance. 23-811. Construct and maintain crossings and culverts; obstructions. § 3. That the Salina and South Western Rail- way Company shall make, provide and maintain at its own ex- pense substantial and sufficient crossings and approaches over its railroad track for each street crossing said track, on said streets, and shall make, provide and maintain all necessary culverts, un- der said tracks for the passage of water and shall leave no ob- struction 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 substantial and ad= judged by due process of law, the Salina and South \Vestern Rail- way Company shall alone be responsible for and pay all damages and injuries so sustained and adjudged. • 23-813. Rights to other roads. § 5. That the right of way hereby granted to the Salina and South Western 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 South Western Railway Company on said street to any other railroad company or companies. 23-814. Operate for benefit of public. § 6, This ordi- nance shall be in force and continue only so long as said track shall be operated for the benefit of the public and shall take ef- fect and be in force from and after its publication once in the - Saline County Journal. • • • 278 - Railroad Rights of Way. [Ch. 23, Art:S S. & S. W. R. R. Co. (U. P.). 23-807. Rights to other roads. § 7. That The right of way hereby granted to the Salina and Southwestern Railway Com- pany 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 railroad company or companies. Ordinance No. 348. • (Published in Salina Herald, December 17, 1881.) • 23-808. Right of way across Iron Avenue; side tracks. 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 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 rail- way company the right •to build, maintain and operate a single .railroad track from a point in the center of Fourth Street op- posite the south line of Lot No. 90 in Fourth Street and run thence in a southwesterly direction to a 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 South Western Railway Company to construct, maintain and oper- ate 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, running 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, subject to the conditions and provisions of this ordinance specified and to all such police regulations as may be executed by the City. • • Ch. 23, Art. 8] Railroad Rights of Way; 277, S. & S. W. R. R. Co. (U. P.). • • western Railway Company or any other railway company or com- panies to whom a grant of the right of way may hereafter be made by the City Council of the City of Saline, shall be operated by said companies so as best to facilitate the business of the rail- road companies using the same and for the welfare of the public. 23-804. Complete and operate road; erect depot; receive ' • and deliver freight. § 4. The Salina and Southwestern Rail- way Company, in consideration of the grant of the right of way hereby given, shall complete and operate said road through the City of Salina on or before the first day of March, 1882, and shall, as soon as practicable, not later than the first day of May, 1882, erect or cause to be erected a suitable passenger and freight depot at some convenient place along said railroad track upon said Fourth Street, the same to be as near as practicable to the place where such •track crosses Tron Avenue, the location to be designated by the City Council. That the said railway company shall make provision, and shall be required when said road and depot shall be completed, to receive and deliver freight at said de- • pot, or any elevator, • warehouse, coal yard, lumber yard, stock ' yard or other house or place of business upon or along said Fourth Street, and to deliver empty cars when required for the - purpose of loading the same for shipment at such depot, elevator; warehouse, coal, lumber or stock yard, or other house or place of business, 'without any extra or additional charge over and above the regular charge for the same, if received or delivered at the depot, warehouse, elevator, coal, lumber or stock yards along or • upon the main line of the Union Pacific Railway Company.in the City of Salina. 23-805. Construct and maintain crossings; obstructions. ti 5. That the Salina and Southwestern Railway Company shall make, provide and maintain, at its own expense, substantial and sufficient crossings and approaches over its railroad track on Iron Avenue, and for each street crossing said track on Fourth Street; and shall make, provide and maintain all necessary culverts under said tracks for the passage of water, and shall leave no obstruc- tion in said Fourth Street or Iron Avenue. not necessary for the • proper construction and operation of said track. • 23-806. Pay damages. v 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. • • • 276 ,Railroad Rights of Way. [Ch. 23,Art. S S. & S. W. R. R. Co. (TJ. P.). • ARTICLE 8.—SAUNA AND SOUTHWESTERN,RAIL.- ROAD 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. § 1. That the right of way be and the same is hereby granted to the Salina and South- western 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, from 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, except 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, subject to the conditions and provisions in this ordinance 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. § 2. 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 or- dinance 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 purpose of said railroad, subject to all reason- able rules and regulations hereafter 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 construct, 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 Avenue not actually used and occupied by said Salina and Southwestern Railway Company liy virtue of this ordinance. ' • 23.803. Rights reserved. § 3. That the City of Salina re- serves unto itself the right, power and authority to regulate by ordinance the way and manner all turn-outs, sidetracks 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, stock yard or other house or place of business, whether the same be laid by the Salina and South- Ch. 23. Art. 71 Railroad Rights of Way. 27a S. N. R. R. Co. (S. & S. Fe R. R.' Co.). struct, maintain and operate over all of the streets, alleys and public grounds hereinbe fore 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 inter- section 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 • Company, any tracks which it from time to time requires, 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. § 3. That said railroad company, its successors and assigns by accepting 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, Topeka and Santa Fe Railway and • Union Pacific Railroad Company rights of way north thereof, and to comply, with all ordinances now in force or hereafter en- acted by the City of Salina regulating the use of all of such cross- ings 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 matter 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. § 4. This ordinance 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 Railroad Company. (Ordi- nance was published as provided for and acceptance is on file ih office of City Clerk.) • • • • 274 Railroad Rights of Way. [Ch. 23,Art. 7 S. N. R. R. Co. (S. & S. Fe R. R.. Co.). road.Company, its successors 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 be- comes 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 Company. (b)• Three tracks on the north and south alley and east and west alley in Weaver's Second Addition in block bounded by College Street, now 15th Street, Elm Street, Railroad Street and The Atchison, Topeka and Santa Fe Railway and Union Pacific Railroad. (c) Three tracks over and across Railroad Street north of Elm Street as now constructed and maintained. (d) Three tracks over and across Elm Street west of Rail- road 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 constructed 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 subdivision. (g) Three tracks over and across Olive Street north of Park Street. (h) Three tracks over and across the street or alley south- westerly of Park 1, in Elmdale. All ,of the tracks mentioned in above Sections A to H in- clusive 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 grantee may maintain and operate all existing switches and cross-overs con- necting said tracks on said streets, alleys and public grounds and may construct, operate and maintain such additional switches and connecting tracks between the present existing tracks and within the limits of the present existing right of way of said railroad company as may in the future he necessary to the convenient operation of all present existing tracks. 23-702. Construct tracks and switches. 4 2. Said rail- road company, its successors and assigns are authorized to here- after from time to time during the existence of this grant, con- Ch. 23,Art. 7] rtanroad Rights of Way. 272 S. N..R. R. Co. (S. & S. Fe R. R. Co.). mately 40 feet east of the east line of Eighth Street and approxi- mately 95 feet south of the south line of Pine Street, thence run- ning in a northwesterly direction across Eighth Street and con- necting with the Missouri Pacific switch track approximately 165 feet northwesterly of the point of beginning, provided, however, 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 con- structed, 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 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 Commis-. sioners of the City of Salina, Kansas, that there be and there is hereby granted to the Missouri Pacific Railroad Company, its successors and assigns an easement for a railroad right of way in Third Street within said City west of and immediately adja- cent 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 thetconstruction of a single line of railroad track within the limit's 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 termination 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 constructed thereon and restore that part of such street used by it to its present condition. ARTICLE 7.—SALINA NORTHERN RAILROAD COM- . PANY (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. § 1. That the right is granted The Salina Northern Rail- Ch. 23y Art. 9] Railroad Rights of Way. '288 U. P. Ry. Co. 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 Seventh 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, approximately 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 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. 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 con- struct, maintain and operate single railroad track and run its engines, cars-and trains thereon from a point where the present Eberhardt switch terminates, the same being a point 250 feet north cf Walnut Street, due south and along and upon the parking ad- jacent 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 *ay 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). Ordinance No. 2300. (Published in Salina Evening Journal, December 6, 1919.) 23-929. Joint right of way, Union Pacific and Santa Fe; along north across Santa Fe Avenue from Union Pacific switch track at Robinson Mill to Santa Fe .Track No. 4, at Shellabarger Mill. § 1. That the right of way be and the same is hereby granted to the Union Pacific Railroad Company and The Atchison, Topeka and Santa Fe Railroad Company, their suc- cessors 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 • • 290 Railroad Rights of Way. [Ch. 23,Art. U. P. Ry. Co. 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 ap- proximately 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 constructed in accordance with the plans and specifications 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 assigns 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 direction, 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 of Salina, Kansas (See Secs. 26-401 to 26-405). 23-933. Substitute for Ordinance No. 1171. § 3. ' This ordinance is passed as a substitute for and to correct Ordinance Number 1171, passed and approved, January 19th, 1903, granting the aforesaid right of way to the Union Pacific Railway Company. 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 Company. § 1. That a right of wav 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 Ch. 23, Art. 9] Railroad Rights of way. 291' U. P. Ry. Co. the east line of Ninth Street and extend in an easterly direction along the north side of the Robinson Milling Company's mill. 23-935. Specifications of City Engineer; paved streets. § 2. Said spur track shall be built and constructed in accordance with the plans and specifications 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 McPherson 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 constructed, 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 an 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 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 rail- road 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 southeast corner thereof, Said lot being on the north side of Elm Street between Third and Fourth Streets, thence running in a southeasterfv 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 con- structed or used in connection with any other track shall be placed iii 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. 292 Railroad Rights of Way. [Ch. 23, Art. 9 U. P. Ry. Co. 23-939. Crossings; paving. § 2. Said railroad track and the paving and street crossings affected thereby shall be construct- ed, 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 hereafter adopted. Ordinance No. 2870. (Published in Salina'llaily 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 assigns the right to maintain and operate a stand- ard 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 de- scribed as follows: Beginning at a point in the east line of Lot 46 on Third Street; thence in a south easterly direction 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 por- tion of the alley in the block bounded by Second, Ash, Third and - Elm Streets from the south line of Elm Street to the north line of Ash Streets, the center line of said track to be 1'A 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 con- stricted, 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 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 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 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 follows: Extending in a curved line from a connection with its present track in Fourth Street, at a point opposite Lot 32 on Fourth Street, southwesterly across Fourth Street to a 'point in the east Ch. 23, Art. 10] Railroad Rights of Way. Ordinances and 293 Contracts with Railroads Relating to Union Station. line of Lot 38 on Fourth Street; across the alley between Fourth . and Fifth Streets at a point between 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 F'e Avenue. 23-943. Conditions. § 2. Said railroad track shall be con- structed,,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 hereafter enacted. ARTICLE 10.—ORDINANCES AND CONTRACTS WITH RAILROADS RELATING TO UNION STATION. 23-1001. Appropriation of land for Union Station pur- poses.—Ordinance No. 1703 passed Match 17th, 1913,. declares the necessity of providing 'rights of way for certain railway com- panies 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 described, to- gether with such additional real estate as the Mayor and Council may thereafter designate for such purposes, and provides for the ap- pointment of appraisers for the purpose of ascertaining the dam- ages 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 purposes mentioned in Ordinance No. '1703, the description thereof being set out in full•in such resolution which is of record in the journal of the proceedings 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 con- tract between the Missouri Pacific Railway Company and the City of Salina by which it is provided that the railway company shall convey or cause to be conveyed to the City certain real estate therein described (subsequently used for street purposes and opened as Bishop Street) in consideration of which the City agreed to convey or 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 the construction, operation, etc., of the company's railroad tracks over and across the following streets mentioned in said ordinance. It being further provided that such agreement shall become effec- tive on June 10th, 1914, and continue in full force and effect so 294 Railroad Rights of Way. Ordinances and [Ch. 23, Art. 10 Contracts with Railroads Relating to Union Station. long as the company, its lessees, successors or legal assigns shall operate any railroad into the City of Salina. Ordinance No. 1772 passed June 15th, 1914, consists of a supplemental agreement sup- plementing the contract set out in Ordinance No. 1768 correcting a mistake contained in such original contract. 23-1003. Appropriation for payment of land. Ordinance No. 1802 passed November 16th, 1914, provides an appropria- tion of $4,906.80 for the payment of certain real estate purchased from the Chicago, Rock Island & Pacific Railway Company, being a part of the real estate described in Ordinance 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 Com- pany and the City of Salina. Ordinance No. 1769 passed June 1st, 1914, constitutes a contract between the two railway com- panies 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 companies to properly serve the Union Passenger Station and the City agrees to convey or cause to be conveyed to said two companies, each an undivided one-half, interest in and to certain real estate therein described, such con- tract 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 railroad into the City of Salina. 23-1005. Authorizing conveyance of land to Missouri Pacific Railway Company. Ordinance No. 1815 passed January 18th, 1915, authorizes the Mayor and City Clerk to execute and deliver to the Missouri 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 interest 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 Missouri Pacific Railway Company as authorized by Ordinance No. 1768. . • Ch. 23, Art. 101 Railroad Rights of Way. Ordinances and 2m Contracts with Railroads Relating to Union Station. 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 cer- tain real estate purchased from said company for the use of the Missouri Pacific Railway Company. 23-1009. Authorizing conveyances to Union Pacific Rail- way Company, Afchison, Topeka & Santa Fe Railway Com- pany, Chicago Rock Island & Pacific Railway Company and Missouri Pacific Railway Company: Ordinance No: 1899, passed and approved October 18th, 1915, provides for the execu- ' tion and delivery on behalf of the City of quit claim deeds con- veying to each of the following grantees, to-wit: the Union Pa' cific Railway Company, Atchison, Topeka & 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.described in said ordi- nance for the purpose of furnishing said companies with rights of way necessary to permit said companies to properly serve the TJnion Passenger Depot in said City and such ordinance provided that said deeds should be delivered upon the completion and open- ing of 12th Street from Bishop Street to North Street. 234010. Authorizing conveyance to Missouri Pacific Railway Company and Chicago Rock Island & Pacific Rail- , way Company. Ordinance No. 1935 passed and approved April 17th, 1916, provides for the execution and delivery of a quit claim deed on behalf of the City to the Missouri Pacific Railway Com- pany 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. • • • • • 296 Sewers. Sewer Zones. [Oh. 24, Art. I CHAPTER 24—SEWERS. Article 1.—Sewer Zones.-24-101 to 24-110. 2.=Lateral Sewer Districts.-24-201 to 24-236. 3.—Miscellaneous Regulations.-24-301 to 24-303. 4.Special Sewer Permits.-24-401 to 24-407. ARTICLE 1.—SEWER ZONES. (Published in The Salina Evening Journal February 11th, 1922.) Ordinance No. 2440. An ordinance establishing and defining the bounds and limits of certain sewer zones within the City of Salina, Kansas, for the . purpose of providing a more convenient form of reference upon the books of said City to any lateral sewer district of said City created or hereafter created therein. _Whereas, it is necessary from time to time to create, establish and define certain lateral sewer districts within the City of Salina, Kansas, and Whereas, it is necessary in order to afford a more convenient form of reference upon the books of said City to said lateral sewer districts created or to be hereafter created, that said City be divided into sewer zones, respectively established and defined, • now therefore, Be it ordained by the Board of Commissioners of the City of Salina, Kansas: • 24-101. § 1. Sewer Zone "A" is hereby established and • composed of the following lots, blocks and parcels of ground, to- wit: "All that portion of the City of Salina lying north of the center line of North Street and bounded on the west, north and east by the corporate limits of the City of Salina, Kansas." 24-102. § 2. Sewer Zone "B" is hereby established and composed of the following lots, blocks and parcels of ground, to- wit: "Commencing at the intersection of North Street and Ninth Street; thence along the center line of North Street to the center line of Ohio Street; thence south along Ohio Street to the center of the Smoky Hill River; thence along The center of said Sniokv Hill River in a westerly direction to the intersection of Ash Street and the Smoky Hill River; thence west on the center line of Ash Street to the center line of Ninth Street; thence north • along the center line of Ninth Street to the place of beginning." • • Ch. 24, Art. 11 Sewers. Sewer Zones. 297 24-103. §3. Sewer Zone "C" is hereby established and composed of the following lots, blocks' and parcels of ground, to- wit: "Commencing at the intersection of North Street and the west corporate limits of the city; thence East along the center of North Street to the center line of Ninth Street; thence South along the center of Ninth Street tb the center of South Street; thence West along the center line of Smith Street to the West corporate limits of the city; thence in a northerly direction along the corporate limits of the city to the place of beginning." 24-104. § 4. Sewer Zone "D" is hereby established and composed of the following lots, blocks and parcels of ground, to- wit: "Commencing at the intersection of Ninth and Ash Streets; thence east along the center line of Ash Street to the center line of the Smoky Hill River; thence along the center line of the Smoky Hill River in a southerly direction to the center line of South Street; thence west along the center line of South Street to the center line of Ninth Street: thence North along the center line of Ninth Street to the place of beginning." 24-105. § 5. Sewer Zone "E" is hereby established and composed of the following lots, blocks.and parcels of ground, to- wit: "Commencing at the intersection:of Delaware Avenue and the Smoky Hill River: thence south on Delaware Avenue to Gypsum Avenue: thence West on Gypsum Avenue to Kansas Avenue; thence South on Kansas Avenue to the Smoky Hill River; thence southwesterly along the Smoky Hill River to the north line of Oakdale Park; thence West along said north line of Oakdale.Park to Oakdale Drive;.thence north along' said Oakdale Drive to Walnut Street and the intersection of the Smoky Hill River; thence along the center of the Smoky I-Iill River in a northeasterly direc- tion to the place of beginning." 24-106. § 6. Sewer Zone "F"' is hereby established and composed of the following lots, blocks and parcels of land, to-wit' "Commencing at the intersection of South Street and Oakdale Park in the City of Salina; thence in a southeasterly direction along Oakdale Park and Kellwood Park to Front Street; thence south along the corporate limits of said city to the center line of Republic Street therein; thence west on the center line of said Republic Street to the center line of Sherman Street therein; thence north along the center line of Sherman Street to the center line of Crawford Street: thence west along the corporate limits of said city on Crawford Street to the west corporate limits thereof; thence north along the west corporate limits of said city 298 Sewers. Lateral Sewer Districts. [Oh. 24,Art. 2 to the center line of South Street; thence east along the center line of South Street to the place of beginning" (§ 6, Ord. 2440, Amd. by § 1, Ord. 2638, 12-30-22). 24-107.. § 7. Sewer Zone "G" is hereby established and composed of the following lots, blocks and parcels of ground, to- wit: "All that portion of the city lying South of the center line of Republic Avenue, bounded on the East, South and West by the corporate limits of the City of Salina." 24-108. § 8. Sewer Zone "H" is hereby established and composed of the following lots, blocks and parcels of ground, to- wit: "All that portion of the city known and described as Oakdale - Park and Kenwood Park." 24-109. §-9. Nothing herein contained shall be held or con- strued to establish, define or fix the boundary of or establish ally main, intercepting or latteral sewer district whatsoever in said city, nor to repeal any ordinance fixing or establishing any main, inter- cepting or lateral -sewer district therein. 24-110. § 10. This ordinance shall take effect and be in full force from and after its publication once in the official city paper. Infroduced for first reading, January 23rd, 1922. Passed and approved, February 6th, 1922. • F. S. DYAR, Mayor. Attest: CrIAS. E. BANKER, City Clerk. - ARTICLE 2.—LATERAL SEWER DISTRICTS. (Ordinances creating Lateral Sewer Districts are not set out in full being included by reference to.district number, description of land and number and date of ordinance.) SEWER ZONE A: 24-201. District 1-A: All of lots, tracts and parcels of ground situate in Block Five (5) and in Block Six (6) in Calkins Addition. Ord. No. 2442, Feb. 20, 1922. 24-202. District 2-A: Lots One (1) to Eighteen (18) in- . elusive, in Block One (1), in Crowthers Addition. Ord. No. 2443, Feb. 20, 1922. • 24-203. District 3-A: Lots One (1) to Twenty (20) in- clusive in Block Forty-four (44) in Military Addition. Ord. No.. 2444, Feb. 20, 1922. • Ch. 24,Art. 2] Sewers. Lateral Sewer Districts. 290 SEWER ZONE C: 24-204. District 1-C: Lots Twenty-five (25) to Thirty- eight (38) inclusive on Spruce Street in Phillips Third and Fourth Addition. Ord. No. 2445, Feb. 20, 1922. • 24-205. District 2-C: Lots Fourteen (14), Twelve (12). Ten (10) and. the South One-half (S%) of Lot Eight (8) all in Block Eight (8) ; Lots Two (2), Three (3), Four (4) and the North One-half (N34) of Lot Five (5) all in Block Twelve .(12) ; Lots Nine (9) to Fourteen (14) inclusive and the South One- 'half (S*/z) of Lot Seven (7) and of Lot Eight (8) in Block Seven (7) ; Lots One (1) to Six (6) inclusive and the North one- half (N,%) of Lot Seven (7) and of Lot Eight (8) in Block Thirteen (13) ; Lots Five (5) to Seven (7) inclusive and the South One-half (5%) of Lot Four (4) in Block Six (6) ; Lots One (1) to Three (3) inclusive and the North One-half (N54 ) of Lot Four (4) in Block Fourteen (14) ; 'all in Leavenworth Ad- dition. Ord. No. 2446, Feb. 20, 1922. 24-206. District 3-C: Lots One (1) to'Fourteen (14) in- clusive; in Block Thirteen (13) ; Lots One (1) to 'Fourteen (14) inclusive in Block Seven (7) ; Lots One (1) to Fourteen (14) in- • elusive in Block Four (4) ; all in Leavenworth Addition. Ord. No. 2447, Feb. 20, 1922. 24-207. District 4-C: Lots One (1) to Fourteen (14) in- clusive in Block Six (6) ; Lots One (1); Two (2), Three (3), Twenty-six (26) and Lots Thirteen (13) to Sixteen (16) in- clusive in Block Seven (7) all in Elmdale Addition. Lots One (1) to Fourteen (14) inclusive in Block Seven (7) in Dodges Replat. Lots Twenty-seven (27) to Thirty-one (31) inclusive and Lots Thirty-five (35) to Thirty-nine (39) inclusive in University Addition. Ord. No. 2448, Feb. 20, 1922. 24-208. District 5-C: Lots 1-2-3-4-5-6-7 on Clark Street, in Block 14, Leavenworth Addition. Ord. No. 2639, Dec. 30, 1922. 24-209. District 6-C: All of Lot 19, South 33 and 5 feet of North 67 feet of Lot 20, East 40 feet of North 3354 feet, of Lot 20 and Lot 18 on Park Street, in Weaver's Addition; Lots 29-30-31 and 32 on Elm Street, Weaver's Addition, Lots 1-2-3- 4-5-6-7-9 and part of Lots 8 and 10 and I1 on Phillips Street, in Weaver's 2nd Addition. 24-210. District 7-C: All of Lot 43; Park Street, West 12/ feet of North 150 feet Lot 41, Park Street, South 55 feet of Lot 41, Park Street, South 55 feet of Lot 39, Park Street, all of Lot 44, Ash Street, all of Lot 45, Park Street, East 2/3'of. the North 110 feet Lot 47, Park Street, South 95 feet of Lot 47, • • • • 300 Sewers. Lateral Sewer Districts. [Ch. 24, Art. 2 Park Street, South 95 feet of Lot 49, •Park Street, all of Lot 46, Ash Street, all of Lot 48, Ash Street, all in Wilson's Addition. Ord. No. 2762, May 3, 1923. ' • 24-211. District 8-C: All of Lots Twelve (12) and Thir- teen (13) on Ash Street, the North seventy (70) feet bf Lot Eleven (11), and all of Lots Twelve (12) and Thirteen (13) on 'State Street, in University Addition. Ord.• No.' 2859, Oct. 6, 1923. • SEWER ZONE E: • 24-212. District 1-E: Lots Ten (10) to Sixteen (16) in- clusive, in Block Fifteen. (15), in Cunningham's Replat. Ord. 'No. 2449, Feb. 20, 1922. 24-213. District 2-E: Lots Eight (8) to Seventeen (17) inclusive, in Block Twelve (12), in Oakdale Addition, Ord. No. 2450, Feb. 20th, 1922. ••' 24-214. District 3-E: .Lots One, Two, Three, and the East one-half of Lot Four and Lots Twenty-one, Twenty-two, Twenty- three, Twenty-four, 'Twenty-five and Twenty-six, all in Block . Nine, together with Lots Four to Thirteen inclusive in Block Ten, all in Oakdale-.Addition. Ord. No. 2451, Feb. 20, 1922. 24-215. District 4-E: All of the lots, tracts and parcels , of, land situate in Surveyors Plat Number Twelve; and Lots One. Two; Three 'and the. ;West one-half of Lot Four, together with - Lots Eight, Nine, Ten and the \Vest one-half of Lot Eleven, all in Block One, in Fruitland Addition. Ord. No. 2452, Feb. 20, 1922. . SEWER ZONE F: ' 24-216. District 1-F: Lots Five, Seven and Nine in Block Sixteen; Lots Six, Eight and Ten in Block Fifteen; in South Park Addition. Ord. 2453,- Feb. 20, '1922. 24-217. District 2-F: Lots. Seventeen to Thirty-two in- clusive in Block Twelve in Bond's Addition. Ord. No. 2454, Feb. 20, 1922. 24-218. District 3-F: Lots One to Sixteen inclusive in Block'One in Morrison's Addition. Ord. No. 2455, Feb. 20, 1922. 24-219. District,4-F: Lots 9 and 10, Block 10, Lots 9 and 10, Block 11, Lot 1 and the West 50 feet of Lot 2 and the North • 50 feet of the East 150 feet of Lot 2, Block 16 and Lot 1 and the West 60 feet and north 55 feet of the East 140 feet of Lot 2, • Block 17, on Charles Street in South Park Addition. Ord. No. 2640, Dec. 30, 1922. 24-220. District 5-F: Lots 9 .and 10 in Block 17 on Craw- ford Street in South Park Addition and Lots 2-4-6-8-10-12, • Ch. 24,Art. 2] Sewers. Lateral Sewer Districts. 301 Block 1, Lots 2-4-6-8-10-12, Block 2, Lots 1-3-5-7-9-11, Block 4 on Tenth Street all in' Westview Addition, or Surveyors Plat Number 10. Ord. No. 2641, Dec. 30, 1922. 24-221. District 6-F: Lots 2-4-6-8-10 and 12, Block 1, Lots 2-4-6-8-10 and 12, Block 2, Lots 1-3-5-7-9-11, Block 3, and Lots 1-3-5-7-9 and 11, Block 4, all in Westview Addition. Ord. No. 2657, Jan. 20, 1923. 24-222, District 7-F: Lots 1-3-5-7-9-11-13-15-17-19-21-23- 25-27-29 and 31, Block 7; West 471/2' of Lot 1, West 471/2' of Lot 3, Lots 5-7-9-11-13-15-17-19-21-23-25-27, and West 421/2' of Lot 31, Block 12, Bond's Addition, and the East 142' of Block 8, East 142' of Block 9, East 142' of Block 10, East 142' of Block 11 and East 142' of Block 17, Westview Addition. Ord. No. 2658, Jan. 20, 1923. 24-223. District 8-F: South 21/2' of Lot 1 and North 281/2' of Lot 2, Block 16, Hutchinson's Addition; North 50.19' of Lot 1, Block 18, Hutchinson's Addition, Lots 2-4-6-8-10-12 and 14, Block 5, Cqllege View Addition, North 105 and 1/3' of Lot 1, North 105 and 1/3' of Lot 2, and all of Lots 3-4 and 5, Block 4, Hutchinson's Addition. 24-224. District 9-F: Lots 1-2-3-4-5 and 6 in 'Replat of Blocks 4;and 5 in Sunnyside Addition. Ord. No. 2660, Jan. 20. 1923. 24-225. -District 10-F: Lots 1-2 and 4, Block 9, South . Park Addition, Lot 17, Replat of Block 5, South Park Addition, Lots 3 and 4, Block 4, South Park 'Addition, Lots 1 and 2 Block . "A," South Park Subdivision No. 1'., Lots 3 and 4, Block "B," South Park Subdivision No. 1. Ord. No. 2756, April 19, 1923. 24-226. District 10-F: Lots One and Two and the North fifty feet of Lot Four, Block Nine, South Park'Addition. Lots Three and Four, Block "B" and Lots One and Two, Block "A." South Park Subdivision No. 1. Lots Three and Four, Block Four, South Park Addition. Lot Seventeen Replat of Block Five South Park Addition. Ord. No. 2860, Oct. 6, 1923. 24-227. District 11-F: The North fifty-two feet of Lots One, Two and Three, Block Five, the North one hundred feet of Lot Four; Block Five, and the North fifty feet of Lots Five and Six, Block Five all in Replat of Morrisons Third Addition, and the West seventy-seven and one-half feet of Lot Nine, the East eighty-two and one-half feet of the South fifty feet of Lot Nine, Block Two, Lot Twenty, Block Two, Morrisons Addition. Ord. No. 2861, Oct. 6, 1923. 24-228. Districts 12-F and 6-G: All of Lots Five, Seven- teen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty-two. - .302 Sewers. Lateral Sewer Districts. [Ch. 24,.Art. 2 • Twenty-three, Twenty-four, Twenty-five, Twenty-six, Twenty- seven, Twenty-eight; and Twenty-nine, Block Three, Highland Court Addition, Lots Twenty-Three- and Twenty-four, Block • Thirteen, Lots Twenty-three and Twenty-four, Block Fourteen, in Bachtold Plat of West View Addition. The East one-half of South one hundred and seventy feet of Block Sixteen Surveyor's Plat Ten. Ord. No. 2862, Oct.. 6, 1923. 24-229. District 13-F: .Lots Two to Six inclusive, Sur- veyors Plat C of Salina,. Kansas, Lots One and Three to Sixteen . ' inclusive Smith and' Colvard's Addition. Ord. No. 2856, Oct. O. 1923. 24-230. District 14-F: The south fifty feet of Lot Five, all of Lots Six; Seven, Eight, on Morrison Ave., Lots Eight, Ten, Twelve, Fourteen, Block Three, Lots One, Three and Five and the West forty-one feet of Lots Seven, Nine and Eleven, Block Four all in Replat of Morrison's Third Addition. . Ord. No. 2857, Oct. 6, 1923. SEWER ZONE G: 24-231. District 1-G: Lots 1-3-5-7-9-11-13-15-17 and 19 on Beloit Avenue; and Lots 2-4-6-8-10-12-14-16-18 and 20 on Minneapolis Avenue, in the grounds of the Kansas Wesley-an University. Ord. No..2456, Feb. 20, 1922. 24-232. District 2-G: Lots 74-76-78-80-82-84-86-88-90-92- 94=96-98 on Ninth Street; and Lots 75-77-79-81-83-85-87-89-91- 93-95-97-99 on Highland Avenue, all in the grounds of the Kan- sas Wesleyan University. Ord. No. 2457, Feb. 20, 1922. 24-233. District 3-G. Lots 1-3-5-7-9 and 11 on Republic Avenue in addition to the Kansas Wesleyan University Addition. Ord. No. 2661, Jan. 20, 1923. 24-234. District 4-G: Lots One, Six, Seven, ,Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seven- teen and Eighteen in Block One; Lots One, Six, Seven, Eight, Nine, , Ten, El even, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seven- teen and Eighteen, Block Two, I-Iighland Court Addition. Ord. No. 2863, Oct. 6, 1923. 24-235. District 5-G: All of Lots One, Three, Five, Seven, Nine. Eleven, Thirteen, Fifteen, Seventeen, Nineteen, on Ells- worth Avenue and all of Lots Two, Four, Six, Eight, Ten, Twelve, Fourteen, Sixteen, Eighteen, and Twenty on Jewell Avenue all in the addition to the University Grounds Addition. Ord. No: 285g, .Oct. 6, 1923. 24-236. District 6-G: See District 12-F. Ch. 24,Arts. 3, 4] Sewers. Miscellaneous; Special Permits. 302 ARTICLE 3.—MISCELLANEOUS—SEWER REGULA- TIONS AND PROVISIONS. (For other Sections see Plumbing Code, Streets, Public Health, etc.) 24-301. City right to connect with private drains. The City shall have the right at all times to connect with and use any private drain built upon any public street, alley or highway for draining the streets or for any public purpose, and also to recon- struct 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). - 24-302, Not to connect cess pools with sewers; damaging property, etc. No person or corporation shall connect any pen, gutter, cess pool, privy vault or cistern with any public' sewer, or with any private sewer connecting in any way with the public sewers, and no person or corporation shall deposit any garbage, offal, dead animals, filth or any substance having a tendency to ob- struct 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). 24-303. Violation of Section 24-302, penalty. That any person, corporation or company who shall violate any of the fore- going provisions of this ordinance, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding One I-Iundred Dollars '(§ 9, Ord. 1143, 7- 21-02). ARTICLE 4.—SPECIAL SEWER PERMITS. (Published in Salina Evening Journal May 1st, 1906.) Ordinance No. 1304. An Ordinance authorizing. Union Pacific Railroad Company to construct a sewer. Be it,Ordained by the Mayor and Councilmen of the City of San na • 24-401. Union Pacific sewer in and across certain streets, § 1. That Union Pacific Railroad Company i§ hereby authorized and empowered to construct and use a sewer from a point at or near the water tank of said Union 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. • • l 304 sewers. Special Permits. [Ch. 24, Art-4 24-402. Right to excavate streets. § 2. 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. 24-403. Supervision of City Engineer. § 3. Said sewer shall be constructed by said Union Pacific Railroad Company un- der the supervision of the City Engineer of said City. 24-404. Property owners' right to connect. § 4. Ad- jacent 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. 24-405. Take Effect. § 5. This ordinance shall take effect from and after its publication in the Salina Evening Journal. Passed and approved, April 30, 1906. (Seal). DAVID H. SHIELDS, Mayor. Attest: A. W. GODFREY, City Clerk. (Published in The Salina Evening Journal, October, 1909.) • Ordinance No'. 1524. • An Ordinance ratifying and approving certain acts of the Mayor and Clerk of the City of Salina. Be it Ordained by the 'Mayor and Councilmen of the City of Salina: 24-406. Agreement between' City•and certain railroads in re Elm Street Sewer. ` § 1. The action of the Mayor and City Clerk of the City of Salina, Kansas, in executing a certain agree= ment with The Kansas & Colorado Pacific Railway Company and The Missouri'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 maintain- ing 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 ratified, confirmed and approved, and the terms and stipulations of 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 agreement. 24-407. Take effect. § 2.. This ordinance shall take effect and be in force 'froni and after its passage, approval and publica- tion. Passed and approved, October 18, 1909. ' C. B. KIRTLAND,.Mayor.. Attest: A. W. GODFREY; City Clerk. • Ch. 25,Art. I] Sidewalks. Regulating Construction. R06 •CHAPTER 25.—SIDEWALKS. • • ARTICLE 1—REGULATING CONSTRUCTION. (Published in the Salina Evening Journal, October 8, 1921,) Ordinance No. 2407. •An Ordinance regulating the construction of sidewalks in the City of Salina, Kansas, determining and declaring the plans, sped-. fications and materials to be used in the laying and construc- tion of the same, providing a penalty for the violation there- • of and repealing all ordinances and parts of ordinances in conflict herewith. • Be it Ordained' by the Board of Commissioners of the_City of Salina: - 25-101. Sidewalks constructed when ordered by Board of Commissioners. § 1. 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 he, 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 clays from the publication of any resolution or ordinance of said Board of .Commissioners providing for the same unless a, different time be in such resolution or ordinance designated. 25-102. City may construct and assess costs. § 2.. 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 clays from and after the publication of such resolution or ordinance, or within the time designated there-. in, the Board of Commissioners of the City of Salina shall pro- ceed to construct or cause to be constructed, such sidewalk.in ac-, cordance with the provisions 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 Cleric to the County Clerk of Sa- line County, Kansas, to be.collected 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 .with- out•first having received written authority therefor from said Board of- Commissioners. 25-103. Specifications for sidewalks; width. § 3, That. all sidewalks. hereafter constructed in the City:of Salina, Kansas, • • 306 Sidewalks. Regulating Construction. [Ch. 25,Art. 3 shall be of concrete and shall be constructed according to the fol- lowing specifications and requirements and with the following in- gredients in the following proportions, to-wit: ONE COURSE CONSTRUCTION. Every sidewalk of one course construction shall consist of one four (4) inch course of concrete in the proportion of one (1) • part of Portland Cement; two and one-half (2/2) parts of fine aggregate and four (4) parts of coarse aggregate. TWO COURSE CONSTRUCTION. • Every sidewalk of two course construction shall consist of a base three and one-half (3!$) inches thick composed of one (1) part of Portland Cement, two and One-half (2,1A) parts good clean. sand and five (5) parts screened chats or Joplin Grit or an equiva- lent mixture of sand and gravel equally as good. On the base there shall be laid a wearing surface one-half (V2). inch thick composed of one (1) part Portland Cement and two (2) parts good clean sand. It shall be optional with the owner or owners of any lot or tract of land.along which sidewalks are to be constructed to con; struts same either by the one course or two course method. But upon failure of said property owner to construct any sidewalk ordered laid and constructed by the City of Salina, then if said City shall cause the same to be laid and constructed it shall have the option to choose the method of construction to be employed. The width or widths of all sidewalks hereafter laid or con- structed upon Santa Fe Avenue in said City between Ash Street and Walnut Street and all sidewalks on Iron Avenue in said City • between Seventh Street and Fifth Street shall be not less than six- , teen feet wide; and all sidewalks on Iron Avenue between Seventh Street and Ninth Street in said City shall not be less than eight (8) feet wide; all sidewalks on Santa Fe Avenue between Ash and Missouri Pacific Railroad Right of way crossing of said City - and between Walnut Street and South Street in said City, and all sidewalks on Iron Avenue from Ninth Street west to College Ave . nue shall not be less than six (6) feet wide; and all other side- walks constructed in said City shall be-not less than five (5) feet wide, the outer edge thereof to be not less than six (6) feet from the lot line; Provided, However, that the Board of Commissioners • of said City may, in its discretion and by ordinance or resolution to such effect, permit sidewalks of less than five (5) feet in width or of any other width to be constructed in such places as _they May determine necessary to require (§ 3, Ord. 2407; Amd. by § 1, Ord. 2491., 4-29-22). 25-104. Method of construction; contractor stamp name. 4. In the construction of any sidewalk within the City of Sa. • Ch. 25, Art. 1] Sidewalks. Regulating•Construction: _ 307 • lina all concrete shall be mixed by machine except when the City Engineer shall otherwise permit under special conditions, and mixing shall continue at least.one minute after all materials are in the mixing drum and no concrete or mortar which has been mixed • and was partially hardened shall.be remixed. In the residence section all sidewalks shall be divided into slabs or division blocks having an •area of not more than twenty-five (25) square feet • and shall be in a square with dimensions of not greater than five (5) feet unless otherwise ordered and permitted by resolution or ordinance of the Board of Commissioners. A one-half (4) inch expansion joint shall be provided at least once every fifty (50) feet in any length of sidewalk which joint shall be filled with a suitable joint filler and similar expansion joints shall be provided at every intersection of any sidewalk with the street. curb and at such other places as the City Engineer may in his judgment deter- mine necessary. Every contractor or builder constructing any sidewalk in the City of Salina shall at the end of every fifty feet (50) feet of walk or fraction thereof mark his name, and the year in which the walk is constructed therein either by stamping or by in-laying a name plate approved by the City Engineer. • 25-105. City Engineer prepare plans and specifications. i 5. • The City Engineer of the City of Salina shall prepare and • file in the office of the City Clerk of said City such further plans and specifications in regard to the manner of building .and con- structing sidewalks in,said City as he shall determine to be neces- sary and which are not in conflict with the provisions hereof, and ■ all contracts hereafter made for the constructions of sidewalks shall conform to the provisions of this ordinance and to such requirements of said City Engineer, and such sidewalks shall only be constructed in accordance .therewith. 25-106. Sidewalks constructed according to plans; vio- lation• penalty: § 6. That no person shall put down or con- struct, or assist in or cause.to•be constructed or put down within the corporate limits of the City of Salina any sidewalk in viola- tion of the provisions of this ordinance, and any person or persons violating any of the terms or provisions hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Five and not more than Fifty Dol- lars, and every day such sidewalk shall remain down shall be con- sidered a separate offense and punishable .accordingly and such •sidewalk may be deemed and considered an obstruction and he -removed by said City any time at the cost of the owner of the abutting property. . 25-107. Repeal prior ordinances. § 7. That Ordinance Number 1038, Ordinance 'Number 1971 and Ordinance Number • 308 Streets and Alleys; General. Excavations. [Ch. 26, Art. 1. 2039 together with all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. 25-108. ,Part of ordinance invalid. § 8. That in event any section of this ordinance shall for any reason be finally de- clared to be invalid that the invalidity of such section shall not affect the validity of any other section hereof. 25-109. Take effect. § 9. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Passed and approved, October third, 1921. F. S. DYAR, Mayor. Attest: CHAS. E. BANKER, City Clerk. CHAPTER 26.-STREETS AND ALLEYS; GENERAL. Article 1.-Excavations.-26-101 to 26-117. 2.-General Regulations: A. Cutting Curbs for Driveways.-26-201 to 26-204. B. Protection of Paving and Sidewalks under Con- struction.-26-205 to 26-208. C. Miscellaneous Regulations.-26-209 to 26-217. 3.-Service Pipes and Sewers Ordered in.-26-301 to 26-304. 4.Construction and Maintenance of Intersections with Steam Railroads.-26-401 to 26-405. 5.-Street Sprinkling.-26-501 to 26-504. 6.-House Numbering.-26-601 to 26-608: 7.-Names of Streets Changed.-26-701 to 26-706. 8.-Grades; Bench Marks.-26-801 to 26-806. • ARTICLE 1.-EXCAVATIONS. • 26-101. Permit for excavation. Any person, firm or cor- poration desiring to make any excavation in any street, alley or other public ground in the City of Salina, for any reason what- . ever, except the building, re=building, repairipg or maintaining of any street railway system, shall, before making such excavation or any part thereof, secure from the City Council or the City Clerk as herein provided, a permit to-make such excavation (§ 1, Ord. 1882, 9-25-1915). 26-102. Application; contents. For the purpose of obtain- ing the permit above mentioned, the person, firm or corporation. desiring the same shall file with the City Clerk a written applica- tion and signed therefor. Such application shall state, • Ch. 26,Art, 11 Streets and Alleys; General. - Excavations. 30n First. The location or place at which such excavation is in- • tended to be made. Second. The purpose for which said excavation is.intended and the nature and kind of work intended•to be done. "Third. The time when such excavation is intended to be• made, and the time required to make such excavation and complete the refilling of the same as in this ordinance provided. Fourth. The portion they intend to occupy in any street or alley, both as to length and width, in making such excavation, and the size of the excavation itself (§ 2. Ord. 1882,.9-25-1915). 26-103. Permit granted; conditions. Upon receipt of the application mentioned in Section 2 of this ordinance and upon compliance with all of the other conditions required by this ordi- nance or any other ordinance of the City of Salina relating •to . , street excavations, then in effect, the City Clerk may issue a per- mit to such applicant to make the excavation referred to in such . application; provided that upon issuing any such permit the Clerk shall deliver a duplicate thereof to the City Engineer and provided further that no permit shall be issued under any of the provisions of this or any other ordinance which will in any way interfere with the proper regulation of the public streets, alleys and other public grounds of the City. All permits issued under the provi- sions of this ordinance shall be returned to the City Clerk on the completion of the work permitted, and within .three days after the time of expiration mentioned therein, with a certificate thereon signed by the person to whom issued that the work permitted thereby has been done and performed in conformity therewith and in conformity with all ordinances relating to such work; • whereupon it shall be the duty of the City•Engineei- to inspect said work and if he shall find that said work has not been done as certi- fied he shall notify the party to whom such permit was issued of such fact, and if such party shall fail within the next succeeding twenty-four hours, to put such work in such condition as such en- gineer shall direct, such person shall be deemed guilty of a viola- tion of this ordinance. Any of the duties to be performed by the City Engineer under this ordinance may be delegated by him to his assistant or to the Street Superintendent or the Building In- spector of the City of Salina, and any of such officers shall there- upon have all of the authority conferred by this ordinance upon the City Engineer. All excavations' shall at all times be protected, by barriers, as by ordinance provided (see Sec. 26-115), which harriers shall have painted thereon, on both sides thereof, the name of the person, firm or corporation doing such work (§ 3, Ord. 1882; Amd. by § 1, Ord. 3087, 3-2-19251: • • 310 Streets and Alleys; General. Excavations. [Ch. 26, Art. 1 26-104. Permit; fix bounds; subject to regulations. All permits issued by the City Clerk, as provided in this ordinance, shall fix reasonable bounds within which the applicant may exca- vate thereunder and shall contain such other provisions as may be • from time to time directed by the City Council, and nothing con- tained in any permit or in this ordinance shall be construed as in any manner preventing. the City Council from at any time mak- ing any reasonable regulation with respect to excavating in the streets, alleys or other public grounds of the City, either as to an • excavation already begun or which may thereafter be made (§ 6, Ord. 1882, 9-25-15). • 26-105. Deposits required. No permit shall be granted to excavate in any of the paved streets, alleys or other public grounds • of the City until the applicant therefor shall have deposited with the City Clerk of the City, Fifteen Dollars, ($15.00) for each ■ opening to be made in any such street or alley, and in case of an application for a permit to excavate any unpaved street, alley or other public ground no permit shall be issued until the.applicant therefor shall deposit With the City Clerk the sum of Five Dollars ($5.00), for each opening to he made in any such street or alley, Provided, that in no case shall a permit be issued to any party to make an excavation in any street, alley or other public place in the City, unless the applicant therefor has made a deposit of Twenty-five Dollars ($25.00), with the City Clerk of Salina, such deposit to be held by such Clerk until one (1) year after the mak- ing of the last excavation by such depositor. Such deposit may he used by the City to repair faulty work clone by such depositor • in refilling any excavation, or replacing any pavement or base and if any part of such deposit is so used, then such depositor shall re- place such amount and at all times maintain such amount at Twenty-five Dollars ($25.00), until it is withdrawn (; 7, Ord. 1882, 9-25-15). 26-106. Money deposited; kept by City Clerk; when re- turned. The money deposited with the City Clerk under the pro- • . visions of this ordinance shall remain in the hands of the City . Clerk until such time as there shall he filed with him a statement, signed by the Chairman of the Street and Alley Committee or the •City Engineer, that the excavation, •for which such deposit was made, has been refilled•in a satisfactory manner and in accordance with the terms of this ordinance, and that, in case of an excava- tion in any paved street,. alley or other ground, the pavement re- moved or disturbed for the purpose of making such excavation has been properly replaced in accordance with the'provisions of this ordinance; at which time such deposit shall be returned to the person depositing the same, or his legal representative. except as is. hereinbefore otherwise provided (§ 8, Ord. 1882, 9-25-15). • • • Ch. 26,Art:11 .;Streetssadd Alleys;oDeneral A Exeavations. .%11 26-107. Excavations in paved-streets or:alleys;'how filled. Any person, firm or corporation making arig excavatib?i in any of the paved streets, alleys or other public grounds of the City shall have sufficient water in such excavation, while refilling the same, so that, at all times during such refilling, the dirt being filled therein, shall be sufficiently wet to properly settle throughout • all parts of the excavation; and if any tunnelling has been done by such person, firm or corporation in such excavation, then such tunnelling shall be carefully and thoroughly refilled, and tamped solid at all times while being refilled, and if the dirt being refilled into such tunnelling cannot be properly tamped, water shall be kept in such tunnelling, sufficient to cover the dirt being. filled therein;'and any person, fine or corporation making any excava- vation in any paved street, alley or other public ground shall put back into such excavation all of the dirt taken out of the same, and after refilling any such excavation, in a paved place, the pav- ing and base shall not be replaced thereon until at least twenty- four (24) hours after the completion of such refilling (§ 9, Ord. 1882, 9-25-15). 26-108. Earth shelf to be left. Any person, firm or corpo- ration making any excavation in any paved street, alley or other public ground in the City of Salina, shall make the opening through the pavement, for such excavation, at least nine (9) inches larger in every direction than they make the excavation itself in the ground below such opening through such. pavement, and they shall take care that the shelf of solid earth thus formed around such opening in the pavement shall not be broken off or in any way destroyed until the pavement•removed for such excava- tion has been completely replaced (5 10, Ord. 1882, 9-25-15), 26-109. Paving base; how.replaced. Any person, firm or corporation making any excavation in any of the paved streets. alleys or other public grounds of the City shall after refilling said excavation as herein provided, thoroughly clean the edges of the cut made for such excavation, in the pavement and base, so that no dirt or foreign matter shall remain adhering thereto at the • time said pavement and base is replaced; they shall replace the base of the pavement, in said cut, on a solid foundation of earth, with concrete which shall be one (1) part Portland Cement, two (2) parts Sand and four (4) parts of Crushed Rock, so that such replaced base will unite with the old base of the pavement; • they shall then replace the pavement in said cut with the same kind of material as that removed and in as perfect and substantial condition as before being removed or disturbed, for the purpose of making the excavation, and all of such work or replacing such pavement and base shall be done by 'men thoroughly qualified td • • 312 Streets and Alleys; General. Excavations. [Ch. 26,Art. t do the-same in a proper and workmanlike manner (§ 11, Ord. : 1882, 9-25-15). 26-110. Paving to endure one.year; replaced by City; ex- pense. , In case any pavement replaced by any person, firm or'cor- poration removing or disturbing the same, for the purpose of • making an excavation, shall not endure for a period of one (1) • •year from the time of its replacement, free from settlement, cracks and depressions, then the person, firm or corporation so removing and replacing the same shall take up such replaced portion and • -again replace the same in accordance with the above regulations for its replacement in the first instance and under the immediate supervision of the City Engineer, or if they fail to so replace such portion immediately upon notice so to do, the City may replace the same and charge the cost thereof to such person, firm or cor- poration (§ 12, Ord. 1882; 9-25-15). 26-111. Excavations in unpaved streets; how refilled.. Any person making any excavation in any of The unpaved streets, . •alleys or other public grounds of the City of Salina, shall refill such excavation in a proper and workmanlike manner, so that it con- . forms to the original grade of such street, alley or other public -ground, and the dirt refilled therein shall all be well tamped or :settled with water, and in case such refilling shall settle within one (1) year, such person shall refill the same (§ 13, Ord. 1882, 9-25-15). 26-112. No rod or stake driven through pavement. 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, without first obtaining the written permit of the City Council so to do (§ 14, Ord. 1882, 9-25-15). • 26-113. Violation of Secs. 26-101 to 26-112; penalty. Any person, firm or corporation, or the president, agent, manager or employee thereof, who shall violate any of the provisions of. this ordinance shall be deemed-guilty of a misdemeanor and upon con- viction thereof in the Police Court shall be fined in any sum not less than Ten Dollars_ ($10.00), nor more than Three 1-Iundred ($300.00) (§ 15, Ord. 1882, 9-25-15). 26-114. Excavations to precede paving; property owners notified; no paving broken for 1 year. Whenever a street, ave- . nue or alley is about to be paved, the City Engineer, or his au- thorized representative, 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 • • • • Ch. 26; Art. 1] Streets and Alleys; General. Excavations. 313 the laying'of the pavement, no permit shall be issued for the ex- cavation in or on said street within twelve months from the coni- pletion 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 (§ 4, Ord. 1695, 12-16- 1912)' 26-115. -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 suf- ficient barriers and danger signals at all times, and must maintain sufficient red lights at night, and must take all the necessary pre- , cautions to guard the public against-all accidents from the begin- ning 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 ac- cidents to persons; animals, vehicles, conduits or property of any kind, and such persons, person, company or corporation shall also he. liable to the City of Salina on. their bond fot the same. Trenches or ditches in depth of six feet or more, and in all 'Made or otherwise treacherous soil, or near buildings, the sides of said trenches or ditches shall be so braced as 'to prevent caving or injury to the adjoining premises; and the party excavating and his bondsmen shall be liable to said city for all damages arising by reason of the neglect or carelessness in this respect. All excavat- ing and refilling shall be made with such material and in such manner as may be directed by the City Engineer, or his authorized representative, and all paving, curbing, guttering or macadamizing shall be replaced and renewed in as perfect and -substantial con- dition as before being disturbed; and all such paving, curbing, guttering and macadamizing shall be done by men who are ex- perienced 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 in- trusted 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 directions. or the failure to perform the same, shall be deemed a violation of the provisions of this ordinance. 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 re- • quired to keep open in said streets, avenues,-alleys and sidewalks good, sufficient, secure and unobstructed passageways for the. safe • 314 Streets and Alleys; General. [Ch. 2G, Art. 2 General Regulations. passage of all vehicles and pedestrians (§ 5, Ord, 1695, 12-16- 1912). 26-116. 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 excavation or. work any of the barricades, danger signals or lights, required by the provisions- of this or- dinance, shall be deemed guilty of a violation •of the terms and provisions of this ordinance (§ 7, Ord. 1695, 12-16-1912). 26-117. Penalty; Violation of Secs. 26-114 to 26-116. Any person who violates any of the provisions of this ordinance shall be• deemed guilty of a misdemeanor 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 ( 8, Ord. 1695, 12- 16-1912). • • . ARTICLE 2.—GENERAL REGULATIONS. • A.—CUTTING CURBING FOR DRIVEWAYS.-26-201 TO 26-204. (Published in The Salina Evening Journal, Nov. 10, 1923.) Ordinance No. 2874. An Ordinance prohibiting the cutting of any street curbing in the . City of Salina without first securing a permit therefor, pro. viding for the conditions of such permit and providing for a - penalty for the violation of the terms of this ordinance. -Be it ordained by the Board of Commissioners of the City of Salina, Kansas: 26-201. Cutting curb; permit required. ; 1. 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 here- after existing, for the purpose of affording an entrance for a drive-way from such street to any private property abutting there- , on, or for any other purpose, without first securing from the City Engineer of the City of Salina, a permit therefor. 26-202. Specifications of City Engineer; condition of permit. ti 2. That no permit for the. purpose mentioned in the preceding section hereof, shall be issued 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 driveway shall be constructed in accordance with specifications as to material ' and construction to he furnished by said City Engineer, which Ch. 26, Art. 21 Streets and Alleys; General. 311 General Regulations. 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. 26-203. Violation of ordinance; penalty. § 3: That if the terms and conditions of such permit, either as to the completion of said drive-way front the curb line to the property line or as to • the specifications for the construction thereof shall. not be com- plied 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) dollars, and provided further that each day's failure to comply with the con- ditions of such permit after the'time limited herein shall be deemed a separate of fense, punishable by a fine of $5.00 for each such subsequent offense. 26-204. Take effect. § 4. This ordinance shall take effect and be in full force from and after its publication onee in the of- ficial city paper. Introduced for first reading, October 29th, 1923. Passed and approved November 5th, 1923. J. S. HARGETT, Mayor. Attest: CHAS. E, .BANKER, City Clerk. B.—PROTECTION OF PAVING AND SIDEWALKS IN COURSE OF CONSTRUCTION. (First Published in The Salina Evening Journal, Nov. 14, 1922.) Ordinance No. 2613. An Ordinance relating to the protection of paving and sidewalks in the course of construction; defining,a misdemeanor and pro- viding penalties for the violation thereof., •Bt it ordained by the Board of Commissioners of the City of Salina. Kansas: . 26-205, Removing barrier protecting paving or sidewalk. 1. That it shall hereafter be unlawful for any person to remove, displace, take away or in any manner interfere or meddle with any barricade, barrier, obstruction, railing, light , or other warning signal placed by the City of Saline, 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 or other public improvement in the course of construction in said • city. ' • 316. • Streets and Alleys; General. [Ch. 26,Art. 2 General Regulations. 26-206. Using sidewalk or paving protected by barriers. § 2. It shall hereafter be unlawful for any person to walk upon or use any sidewalk cr to use or 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 or by persons acting with authority and consent of said city, for the purpose of protecting_such unfinished pavement, side- walk or other public work against damage until its completion. 26-207. Violation of ordinance; penalty. § 3. Any per- son violating any of the tennis or provisions of this ordinance, shall. upon conviction, be deemed guilty of a misdemeanor and shall he 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. 26-208. Take effect. § 4. This ordinance shall take effect and he in full force from and after its publication once in the of- ficial city paper. Introduced for first reading. November 6th, 1922. • Passed and approved November 6th, 1922. • (Seal) F. S. DYAR, Mayor. Attest: CHAS. F. BANKER, City Clerk. C. MISCELLANEOUS REGULATIONS. (See General Index and Secs. 15-151; 15-159 to 15-162; 28-101 and 28-110 for other regulations relating. to •Streets and Alleys.) 26-209. 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 (§ 1, Ord. 853, 6-18-1894). 26-210. Violation of 26-209; penalty. Any person violat- ing any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall he punished by a fine of not more than $10.00 or by imprisonment not exceed- ing. 30 clays or by both such fine and imprisonment (§ 2. Ord. 853, 6-.18-1894). • 26-211. Hauling stone, coal, sand, rubbish, etc. on streets; • wagon bed; violation; penalty. it shall be unlawful foi 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, or • • • • Ch. 26, Art. 21 Streets and Alleys; General. 317 rubbish of any kind, except in a wagon, cart or other vehicle with a tight box thereon, so constructed as to prevent the spilling or scattering of any of the substances therein contained, upon said paved streets. Any person violating any of the provisions of this ordinance shall be dented guilty of a misdemeanor and upon con- . viction thereof, fined not less than three dollars, ($3.00) nor more than twenty-five dollars ($25.00) for each offense (§ 1, Ord. 1888, 9-20-1915). 26-212. Tractor or threshing machine engine; plank streets. It shall be unlawful for any person, persons or corpora- tion to propel, cause to be propelled 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 (§ 1, Ord. 1611, 6-19-1911). 26-213. Violation of Sec. 26-212; penalty. Any person, persons or corporation violating the provisions 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 (§ 2, Ord. 1611, 6-19-1911). 26-214. 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 business which he may have with the owner or occupant 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 forbidding him to do so (§ 1, Ord. 855, 4-23-1891). 26-215. Violation of Sec. 26-214; penalty. Any person found guilty of violating any of the provisions of this ordinance shall on conviction thereof be deemed guilty of a misdemeanor and be punished by a fine of not less than $5.00 and not exceeding $25.00 and costs, or by imprisonment not exceeding 3 months or both such fine and imprisonment (§ 2, Ord. 855, 4-23-1891). 26-216. Wooden culvert and runways prohibited: That it shall be unlawful for any person, firm or corporation to place or • use, or to permit, cause or allow to be placed or used any wooden culvert or runway attached to the curb on or along any public street or thoroughfare in the City of Salina, Kansas, and which 318 Streets and Alleys; General.. [Ch. 26, Art. 3 Service Pipes and Sewers-Ordered In. projects into any such street or thoroughfare and onto the pave- ment thereof, the culvert or runway herein referred to being such as is commonly used for the purpose of driving automobiles or other vehicles over the curb when no driveway entrance is cut into said curl) (5 1, Ord. 2619, 11-20-1922). 26-217. Violation of Sec. 26-216; penalty. That any per- son who shall violate the -provisions of the preceding section of this ordinance shall be deemed guilty of a misdemeanor and•upon . conviction thereof shall be 'fined in an amount not to exceed $50.00 (§ 2, Ord. 2619, 11-20-1922): - ARTICLE 3.—STREETS; SERVICE PIPES AND SEWERS , ORDERED IN. (Published in The Salina Evening Journal, October 29th, 1921.) • Ordinance No. 2410. An Ordinance regulating the laying and construction of water • service pipes, gas service pipes and sewers on streets in the City • of Salina, Kansas where paving has been ordered in and pro- viding for the payment of the same. • Be it ordained by the Board of Connnissioners. of the City ot Salina, Kansas: . 26-301. Lot owners lay service pipes and sewers prior to paving. § 1. That it shall be the duty of the owner or owners of.any lot or lots within the corporate limits of the City of Salina to construct and lay water service pipes, gas service pipes and sewers to the back of the curl) abutting such lot or lots whenever ordered so to do by order, resolution of ordinance of the Board of Commissioners of the City of Salina, made in conformity to law; Provided I-fowever, 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 paving has been ordered in and provided further that the Board of Com- missioners shall not order the laying or construction of more than one water service 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 he so ordered in on any streets within said city where the mains for the same are not laid. 26-302. Notice to owners; City may lay pipes; special • assessments. ` 2. That the Board of Commissioners shall give , notice of any order to construct water service pipes. gas service pipes or sewers by publishing an order to such effect for three • • • • Ch.26, Art. 3] Streets and Alleys; General. 319 Service Pipes and Sewers Ordered In. • consecutive 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 collected: Provided However, that after the • expiration of the time designated in such order for the construc- tion 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 Com- missioners. - i. 26-303. Work according to specifications. § 3. That the laving and construction of all service pipes and sewers as herein- before provided for shall be in accordance with all city ordinances regulating the same and.shall be in accord with the plans, sped fica- tions and requirements as provided for by ordinance or direction of the Board of Commissioners. 26-304. Take effect. § 4. This ordinance shall take effect and be in full force from and after its publication once in. the of- ficial city paper. Passed•and approved, October 24th, 1921. F. S. DYAR, illavOr. Attest: Crrns. H. BANKER, City Clerk. • • • • • • • 320 Streets and Alleys; General. Construction and [Ch. 26, Art. 4 Maintenance of Intersections with Steam Railroads. ARTICLE 4.—CONSTRUCTION AND MAINTENANCE OF• • INTERSECTIONS \VITH STEAM RAILROADS. . (Published in the Salina. Evening Journal, May 27, 1916.) Ordinance No. 1941. . An Ordinance regulating the construction, maintenance, and re- pair of intersections of steam railroads with streets, alleys and highways in the City of Salina; providing for a written waiver of the terms of this ordinance and providing a penalty for the violation hereof. Be. it ordained by the Mayor and Councilmen of the City of Saline 26-401. Railroad companies maintain crossings; specifi- cations. § 1. That it shall be the duty of every company own- - ing, 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 substantial and suitable cross- ings 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 here- to attached and made a part hereof, sharked 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, how ever, said company shall first file with the City Clerk plans and specifications for the construction of such crossings, and obtain from the City Council permission to construct such crossings in accord- ance therewith. 26-402. Provisions.may be waived in writing. § 2. That the street and alley committee of the City 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 crossing, and a written shiver 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 clone 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. 26-403. Time for compliance. §.3. The provisions of this ordinance shall be complied with by all companies affected. thereby within thirty (lays after the passage and publication thereof. • Ch. 26, Art. 5] Streets and Alleys; General. Street Sprinkling 331 26-404. Violation of ordinance; penalty. § 4. Every railroad company which shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- victim thereof shall be fined in any sum not less than fifty nor more than five hundred dollars, for each such violation. 26-405. Take effect. § 5. This ordinance shall be in force and take effect from and after its publication once in the Salina Evening Journal. Passed and approved May 15th, 1916. J. E. PUTNAM, Mayor. Attest: CHAS. E. BANKER, City Clerk. (The specifications referred to in Sec. 26-401 are on file and recorded it the office of the City Clerk with original ordinance.) ARTICLE 5.—STREET SPRINKLING. Ordinance No. 1309. • (Published in Salina Evening Journal, May 30, 1906.) An Ordinance authorizing the Mayor and City Council of the City of Salina to sprinkle the streets of said City, and pro- viding for the payment of the same. _ Be it Ordained by the Mayor and Councilmen of the City of. SaUna: 26-501. Petition for sprinkling. § 1. Whenever in the City of Salina, a petition shall be filed with the clerk of said • City, signed by a majority of the resident owners of real estate fronting on any street or portion of any street not less than two blocks in length, requesting•the Mayor and Council of such City to have said street or portion of street not less than two blocks in length, sprinkled, setting forth the length of time during which the sprinkling is to be done, it shall he the duty of said Mayor and Council thereupon to provide for the sprinkling of said street or portion of street not less than two blocks in length named in said petition, by letting the contract to the lowest and most responsible bidder. The contract, on behalf of the City, shall be signed by the Mayor and attested by the City Clerk with his seal. 26-502. Special assessment to pay cost. § 2. For the purpose of defraying the costs and expenses of said sprinkling, the said Mayor and Council are hereby authorized and empowered to levy upon the real estate fronting upon said street or portion of street not less than two blocks in length named in said petition, a tax sufficient to defray the entire expense of said sprinkling, includ- ing costs of sprinkling intersections, which tax shall be apportioned • • • 322 Streets and Alleys; General. House Numbering [Ch. 26,Art. 6• according to the lineal front footage of property adjacent to said street or portion of street without regard to improvements thereon. 26-503. Assessment certified to County Clerk. § 3. The amount of said assessment so levied shall be paid into the treasury of the City of Salina on.or before the 1st day of August in each and every year, and in case the same shall not have been paid with- in that time, the amount so levied shall be certified to the Clerk of Saline County by the City Cleric of the City of Salina, at the same time and in the same manner as other City taxes, to which amount shall be added a penalty of 15% thereof. 26-504. Take effect. § 4. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. Passed and approved, May 28. 1906. (Seal) DAVID H. SHIELDS; Mayor. Attest: A. W. GODFREY, City Clerk. ARTICLE 6.—STREETS; HOUSE NUMBERING. Ordinance No. 621. (Published in Salina Daily Journal, Jan. 18, 1888:) An Ordinance requiring the number of houses of the City of Salina, Kansas, to secure uniformity therein. Be it Ordained by the Mayor and Councilmen of the City of Salina, Kansas: 26-601. All buildings, numbered. § 1. That all the busi- ness houses and dwellings situated within the corporate limits of the City of Salina shall be numbered in the manner and according to the plan hereinafter specified. • 26-602. Starting points. § 2. The initial or starting lines shall be Santa Fe Avenue and Iron Avenue, numbering as fol- lows: 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 cor- responding,block number. 26-603. Even and odd numbers; 25 feet for each number. § 3. The even numbers shall be put on the right hand side of the streets and the odd numbers on the left hand side of the streets allowing not more than twenty-five (25) feet for each number. • 26-604. Size of figures. § 4. The figures used shall not be less than two and one-half (2/) inches high. 26-605. City Engineer assign numbers. ., § 5. It shall be • the duty of the City Engineer to see that all buildings which mat- Ch. 26, Art. 71 Streets and Alleys; General. Names Changed. . 323 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 correspond with the plan • or system and specifications herein contained. 26-606. ,Violation; penalty. § 6. Any person who shall fail to number his buildings as provided by this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof in the Police Court shall be fined in any sum not exceeding five ($5.00) Dollars. 26-607. Repeal of prior ordinance. § 7. Ordinance Num- ber 463' be and the same is hereby repealed. 26-608. Take effect. § 8. That this ordinance shall be in force and take effect from and after its publication once in the Sa- lina Daily Journal. Approved January 16th, 1888. • R. P. CRAVENS, • President of the Council and Acting Mayor. Attest: H. B. WALLACE, City Clerk. ARTICLE 7.—STREETS; NAMES CHANGED. 26-701. South Park Addition; street names changed. For the purpose of avoiding confusion, the streets heretofore designated and named First Avenue, Second Avenue, Third Ave- nue and.Fourth Avenue, in South Park Addition to the City of Salina, Kansas, are hereby changed in names as follows: First Avenue is changed to Tenth Street; Second Avenue is changed to Eleventh Street; Third Avenue is changed to Twelfth Street and Fourth Avenue is changed to Phillips Street, and the name of the • street in said South. Park Addition heretofore designated—as Park Avenue is hereby changed to Charles Avenue ($ 1,' Ord. 1586, 12-19-1910). 26-702. Clerk certify copy of ordinance; file with Reg- ister of Deeds. The City Clerk is hereby instructed to transmit to the Register •of Deeds of Saline County, Kansas, a certified copy of this ordinance after the same •has been published in the official City paper as hereinafter required (5 2, Ord. 1586, 12-19- • 1910). 26-703. Faulkner Street; changed to Twelfth Street. That the 'name 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 1, Ord. 2637, 12-26-1922). 26-704. Tenth Street between Crawford and Republic; changed to Seitz Street. That the name of that part of Tenth • • 324 Streets and Alleys; General. Grades; Bench Marks [Ch. 2G,Art. 8 Street in the City of Salina, Kansas, lying between the South line of Crawford Avenue and the North line of Republic Avenue in said City, be and the same is hereby changed to Seitz Street (§ 1, Ord. 3007, 6-30-1924). 26-705. .Legal proceedings; Tenth Street deemed to refer to Seitz Street. That wherever in any ordinance or legal pro-. ceeding of any kind any part of Tenth Street within the limits defined in Section one shall have heretofore been referred to, the same shall hereafter be considered and taken as referring to Seitz Street, and whenever the name of Seitz Street shall be hereafter referred to in:anv ordinance or other proceeding of any kind, the same shall be taken and considered as referring to that part of said Street mentioned and described in Section one hereof which was known as Tenth Street before the adoption of this ordinance (§ 2, Ord. 3007, 6-30-1924). 26-706. Pacific Street, from Fifth to Custer, changed to Lincoln Avenue: § 1. That on account of the confusion caused by the existence in the City of 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 Avenue 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 cer- tificate of the publication thereof, in the office of the Register of Deeds of Saline County, Kansas (§ 1, Ord. 3094, Mch. 30,19251 ARTICLE 8.—GRADES; BENCH MARKS. Ordinance No. 3077. • An Ordinance relating to and establishing bench marks as a basis for the elevations and grades of streets and alleys in the City of Salina, defining certain duties of the City Engineer, and re- . . • pealing all ordinances or parts of ordinances in conflict here- with. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: 26-801. Bench marks established. § 1. That the bench marks heretofore established in the City of Salina by. the United States Coast and Geodetic Survey and placed upon certain estab- lished 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 Sa- lina, the location of said established bench marks and their eleva- Ch. 26,•Art. 8] Streets and Alleys; General. Grades; Bench Marks. 325 tions above sea level, as fixed by said Survey (and as shown on ' pages 38 and 39 of Bulletin 571 of the United States Geological Survey of the Department of the Interior), located' in what is known in the records of said Department as the "Salina Quad- rangle," being as follows, to-wit: Feet Salina, in northeast part of, east of tanks of Standard Oil Co., 42.75 feet north of line of telegraph poles which parallel on north side of the Union.Pacific. R. R. track, 10 feet east of north-south fence bounding land of Standard Oil Co.; in limestone block 30 inches square and 15 inches high, set in concrete, which is surface mark of Station; top of copper bolt lettered "U.S.C.&G. 18 96 Survey" (C. & G.S. b.m. Salina West Base) 1,220.008 Salina, Missouri Pacific Ry. station, which is constructed • of rough stone, under window in west side of 'bow window in front of building, in face of stone win- dow sill; intersection of two lines forming a cross, marked "U.S.C.& G.S.B.M." (C.&G.S.b.m.F 1) 1,224:506 Salina, brick building owned and occupied by H. D. Lee Mercantile Co., at left side of steps to main en- trance on Santa Fe Street, in upper surface of stone coping to vestibule; bottom of square cut, marked "U.S. B.M." C.& G.Sb.m.G 1) 1,225.828 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.Sb.m.I 1) . 1,225.972 26-802. Present grades; contour maps. § 2. That the present grades of all of the streets and alleys in the City of Sa- lina, Kansas, which are now paved, be and the same are hereby de- clared to be the established grades for such streets and alleys, and that the City Engineer of the City of Salina shall hereafter 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 Section One (1) hereof. - 26-803. Grades hereafter established. § 3. 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 b 320 • Streets and Alleys. Streets Opened. [Ch. 27, Art. 1 referred to in Section One (1) hereof, and recorded as provided in the next section hereof. 26-804. Grades established by Engineer; change by ordi- nance. fi 4. 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, pursuant 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 thereafter be considered as the established grade of any such street or alley until the same be changed by ordinance of the City of Salina. • 26-805. Conflicting ordinances repealed. § 5. That all ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed. • 26-806. Take effect. § 5. This ordinance shall take effect • and be in .full force from and after its publication in the Book of Revised Ordinances of the City of Salina. Introduced for first reading, February 16th, 1925. Passed and approved, February 23rd, 1925. (Seal) J. S. HARGETT. Mayo?. Attest: CHAS. E. BANKER, City Clerk. • CHAPTER 27.—STREETS AND ALLEYS; OPENED AND VACATED. • • Article 1.—Street .Opened.-277101 to 27 s 27-136. 2.—Streets Vacated.-27-201 to 27-259.. 3.—Alleys Opened.-27-301 to 27-316. 4.—Alleys Vacated.27-401 to 27-455. (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 addi-• tions acquired by dedication reference is made to the plats of rec- ord in the Register of Deeds Office.) • ARTICLE 1.—STREETS OPENED. • 27-101. Ash Street, from west line of Front Street to east line of Oakdale Avenue (Ord. 804, June 20th, 1892). 27-102. Ash Street widened between west line of Penn Street to the center of Front Street (Ord. 952, Nov. 22nd, 1897). • 27-103. Bishop Street, from 12th Street to 13th Street (Ord. 1947, May 24, 1916; Ord. 1948, May 27th, 1916). • o Ch. 27, Art. 1] Streets and Alleys. Streets Opened. 327 27-104. Bishop Street, from 13th Street to College Avenue (15th Street) (Ord. 1947, May 24th, 1916; Ord. 1949, May 27th, 1916. 27-105. Center Street, from Fourth Street east to Kenwood Addition widened and extended (Ord. 566, June 15th, 1887). 27-106. College Avenue, from southern terminus then exist- ing to the south line Morrison's 3rd Addition (,`§ 6, Ord. 1469, March 15th, 1909). • 27-107. Elm Street, from Front Street east to Smoky Hill . River (Ord. 565, June 15th, 1887). 27-108. Elm Street, at intersection with Eleventh. Opened and widened '(Ord. 2055, June 30th, 1917). 27-109. Faulkner Street,.from the south line of Iron Avenue south 200 feet (Ord. 2490, April 29th, 1922). 27-110. Franklin Street, from Sherman Street to Ninth • Street (Ord. 2627, Dec. 2nd, 1922). 27-111. Front Street, from Walnut Street to Mulberry (Ord. 2086, Sept. 8th, 1917). 27-112. Frost Street, from Sherman Street to Ninth Street (Ord. 2623, December 2nd, 1922). 27-113. Johnstown Avenue, from Kansas Avenue to Ohio Street (Ord. 2474, March 18th, 1922). 27-114. Putnam Avenue, from Morrison Avenue to South Street (Ord. 1954, June 10th, 1916; Ord. 2166, April 6th, 1918). 27-115. Oakdale Avenue, from Johnstown to Ash Street (Ord. 2173, May 6th, 1918). 27-116. Phillips Street, from southern terminus then exist- ing to south line Morrison's 3rd Addition '(§, 6, Ord. 1469, March 15th, 1909). 27-117. Riverside Park Drive, from southwest corner. of • Lot 23, Block 1, Riverside Park Addition, to Ohio Street (Ord: 1995, Oct. 21st, 1916). 27-118. Riverside Park Drive; from Ohio Street to Des . 'Moines Avenue (Ord. 2231, Dec. 28th, 1918). 27-119. Republic Avenue, widened from 9th Street to Sher- man Avenue (Ord. 2624, Dec. 2, 1922). 27-120. Sherman Street, front Crawford Street to Republic • (Ord. 2625, Dec. 2nd, 1922). 27-121. Walnut Street, from west line of Front Street across Smoky Hill River to intersection with west drive of'Oakdale Park (Ord. 806, July 21, 1892): ' 27-122. Wilson Street, from Santa Fe Avenue to Fourth Street (Ord. 2329, April 10th, 1920). 328 • Streets and Alleys. Streets Vacated. [Ch. 27,Art. 2 27-123. Fifth Street, from south line of Bond Street south 114.63 (Ord. 1479, April 19th, 1909). • . 27-124. Fifth Street, from Prescott Avenue to Crawford Avenue (Ord. 1534, January 21st, 1900; Ord. 1553, April '25th, 1910). 27-125. Fifth Street, from Crawford to Bond across block 3, Bond's Addition (Ord. 1364, Sept. 26th, 1907). 27-126. Tenth Street, from Walnut Street to South Street (Ord. 397, Feb. 18th, 1884). 27-127. Tenth Street, from Ash Street to Park Street (Ord. 512, Sept. 20th, 188. .). 27428. Tenth Street, from Washington Avenue to Prescott Avenue (Ord. 1156, Sept. 15th, 1902). 27-129. Tenth Street, from Grand Avenue south 115 feet (Ord. 1711, April 21st, 1913). ' 27-130. Tenth Street, from Frost Street to Republic Avenue (Ord. 2622, Dec. 2nd, 1922). 27-131. ,Eleventh Street, from Washington to Prescott Ave- nue (Ord. 1438, August 24th, 1908). - 27-132. Eleventh Street, from Crawford Avenue to Re- public Avenue (Ord. 2626, Dec. 2nd, 1922). 27-133, Twelfth Street, from Bishop Street to North Street (Ord. 1902, April 13th, 1916). . 27-134. Twelfth Street, from southern terminus then exist- ing to south line Morrison's 3rd.Addition (§ 6, Ord. 14(59, March 15th, 1909). .27-135. An Unnamed Street; 30 -feet wide from Ninth to Tenth Street north of A. T. & S. F. Railway tracks (Ord. 1271, August 14th, 1905). 27-136. An Unnamed Street; from Fifth Street to Lincoln Street diagonally across southeast corner of block 11. Calkins Ad- dition (Ord. 1271, August 14, 1905). ARTTCLE 2.-STREETS VACATED. 27-201. Bishop Street; that part between center of 13th Street and west line of 12th Street lying north of a Tine 33 feet south of center line of main line track of Missouri.Pacific Raihvav (Ord. 1947, May 2401, 1916): 27-202. College Avenue; between north line of Grand Blvd., produced and south line of 100 foot right of wav of Union Pacific Railway (Ord. 1271, Augus(14th, 1905). • 27-203. Hoffa Street;'in Wells Addition (Ord. 2391, May 28th, 1921). Ch. 27,Art. 2] Streets and Alleys. Streets Vacated. 3:0 27-204. Hope Street; from Third to Fourth Street between blocks 4 and 5 in Sunnyside Addition Ord. 2551, July 29th, 1922). 27-205. Lincoln Avenue; in Calkins Addition west of Fifth Street (Ord. 1271, August 14th, 1905). ' 27-206. Oakdale Avenue; part of between Ash Street and Johnstown Avenue (Ord. 2376, March 26th, 1921). 27-208. North Street; 24 feet off north side between Seventh Street and Ninth Street (Ord. 2121, Dec. 22nd, 1917). 27-209. Palace Street; part west line of Front Street and east limits of Wells Addition (Ord. 2390, May 28th, 1921). 27-230. Phillips Street; between blocks 2 and 3 South Park Addition as then existing (Ord. 1746, Feb. 16th, 1914). 27-231. Railroad Street; between north line of Ash Street and south line of Park Street (except intersection of alley) (Ord. 2107, Jan. 19th, 1917). 27-232. Railroad Avenue; between Fourth and Fifth Streets in Jones Addition (Ord. 1271, August 14th, 1905). 27-233, Washington Avenue; in block 6 Morrison's 3rd Ad- dition as then existing (Ord. 1158, Sept. 16th, 1902). • 27-234. Washington Street; from `Twelfth :west to right of way of Missouri Pacific Railroad in Morrison's 3rd Addition as then existing (Ord. 1469, March 15th, 1909). 27-235, 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, Feb. 16th, 1914; Ord. 1754, March 16th, 1914). • 27-236. Bond Street; the south 20 feet between Fourth Street and Front Street (Ord. 1999, Nov. 9th, 1916). 27-237. Stapler Avenue, from east line of Wisconsin Ave- nue to west line of Eastern Heights, vacated by resolution of council passed Feb. 17, 1913; subject to conditions mentioned in such resolution. - 27-238. 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, August 23rd. 1908). • 27-239. Third Street; part of south of North Street occupied by Rock Island branch track (Ord. 2125, December 22nd, 1917). 27-240. Fourth Street; 21.8 feet on west side' from Craw- ford to Bond lying west of original block 3 Bonds Addition (Ord. 1364, Feb. 26th, 1907). • • 330 Streets and Alleys. Streets Vacated. [Ch. 27, Art. 2 .27-241. . Fourth 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, August 14th, 1905). 27-242. Fifth Street; at intersection with right of way of Union Pacific Railroad (Ord. 1271, August 14th, 1905). 27-243. 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 Addition.(Ord. 1282, Oct. 23rd, 1905). 27-244. Seventh Street; from south line of right of way of Union.Pacific to north line of North Street (Ord. 2152, Feb. 22nd, 1918). 27-245. Tenth Street; part of east of block 9 Depot Addi- tion, (Ord. 807, August 5th, 1892). 27-246. Tenth Street; east of part of blocks 8 and 9 Depot Addition (Ord. 1271, August 14th, 1905). 27-247. Tenth Street; portion of intersection with Washing- ton Avenue (Ord. 1682, Sept. 16th, 1912). 27-248. Eleventh Street; west 10 feet between Elm and Park (Ord. .1727, Sept. 15th, 1913). • 27-249. Eleventh Street; between north line of Union Pacif- ic right of way and North Stieet (Ord. 737, April 28th, 1890). 27-250. Twelfth Street; between Bishop Street and North Street in Depot Addition (Ord. 737, April 28th, 1890). 27-251. Twelfth Street; between block 3 and 4 South Park Addition as then existing (Ord. 1746, Feb. 16th, 1914). 27-252. Thirteenth Street; between south line of Missouri Pacific Right of way and a line 50 feet northwest measured at right angles and parallel with center line of main track of Union Pacific Railway (Ord. 1835, April 24th, 1915). 27-253. An Unnamed Street; lying between blocks 6 and in Depot Addition (Ord. 807, August 5th, 1892; Ord. 1271, August 14th, 1905). • 27-254. An Unnamed Street; running diagonally from Gypsum Avenue to Ohio Street between blocks 1 and.2 in Phillips, East Salina Addition (Ord. 1200, Sept. 23rd, 1903). 27-255. Eighth Street; from'the north line of North Street to the south line Of Union Pacific right of.way (Ord. 2112, Dec. 8th, 1917; Ord. 2198, July 20th, 1918). 27-256. Eighth Street; from south line of North Street to north line of Santa Fe right of way (Ord. 2033, May 19th; 1917). 27-257. Eleventh Street; north cf Bishop Street in Depot Addition (Ord. 633, March 1st, 1888). • Ch:27;.Art. 37 Streets and Alleys. Alleys Opened. :431 27-258. An Unnamed Street;,between blocks 8 and 9 Depot Addition (Ord. 633, March 1st, 1888). 27-259. An Unnamed Street; north of block 7' Depot Ad- dition (part of) (Ord. 196, March 14th, 1877). - ARTICLE•3.—ALLEYS OPENED. 27-301. Alley between Elm and Ash; from Santa Fe to Fifth (Ord.. 1178, March 16th, 1903). 27-302. . Alley between Elm and Ash, Fourth to Fifth (part) (Ord: 1643, Jan. 18th, 1912). 27-303. Alley between Highland and Ninth, Crawford to Bond (Ord. 1471, March 15th, 1909; Ord. 1478, April 19th, 1909): 27-304. Alley between College Avenue and West Street; . through blocks 1 and 6 in Morrisons 3rd Addition.as then exist- • ing (Ord. 1469, § 2, March 15th, 1909). 27-305. Alley between College and Phillips; ..through blocks 2 and 6, Morrisons 3rd Addition as, then existing (Ord. 1469, § 3; March 15th, 1909). 27-306. Alley between Phillips and Twelfth; through blocks 3 and 6 Morrisons 3rd Addition (Ord. 1469, § 4. Match; 15th, 1909). 27-307. Alley between Santa Fe and Fifth; from Bond? Street south 114.63 feet (Ord. 1479, April 19th, 1909). ' 27-308. Alley between Santa Fe and Highland; from' Crawford to Bond (Ord. 536, April 4th, 1887; Ord. 1157, Sept. 16th, 1902). 27-309. Alley.between State and Iron; from Eleventh to: • Phillips (Ord. 1095, Sept. 17th, 1907). 27-310, . Alley between Grand Avenue and Woodland;-: from Ninth to Tenth (Ord. 1712, April 21st, 1913). . 27-311. Alley between Elm and Pine; west of Fifth Street widened (Ord. 2995, June 9th, 1924). 27-312. Alley block 7; Depot Addition, (Ord. 196, March 19th, 1877). 27-313. Alley between-Third and Fourth; from Prescott to Crawford (Ord. 1265, July 17th, 1905). 27-314. Alley between Fourth and Fifth; from Crawford to Bond (Ord; 1364, Feb. 26th, 1907). • 27-315. Alley between Ninth and Tenth; from South to 'Morrison (Ord. 2111,. Nov. 24th, 1917). 27-316. Alley between Eleventh and Twelfth; through• block 4 Morrisons 3rd Addition as then existing (Ord. 1469, § 5,: March 15th, 1909). I , 332 Streets and Alleys. Alleys Vacated. [Ch. 27;Art. 4 ARTICLE 4.—ALLEYS VACATED. 27-401. Alley between Ash and Park; from Ninth to Tenth (Ord. 1619, July 31st, 1911). 27-402. Alley between Center and Prescott; east of Fourth Street (Ord. 1103, November 19th, 1901). 27-403. Alley between Elm and Ash; along south side of lot 56 on.Fourth Street (Ord. 2873, Nov. 10th, 1923). 27-404. Alley between Elm and Ash; from •Santa Fe to . Fifth (part of) (Ord. 1643, Jan. 18th, 1912). - 27-405. Alley between Elm and Ash; from Santa Fe to Fifth Street (Ord. 2323, April 10th, 1920). . 27-406. Alley between Elm and Ash; from Fourth to Fifth (part of) Ord. 1643, Jan. 18th, 1912). 27-407. Alley between Elm and Pine; east of Santa Fe Avenue .(Ord. 2995, June 9th, 1924). 27-408. Alley between Front and Second; from Elm to 'Pine (part of) (Ord: 2389, May 28th, 1921). 27-409. Alley between Grand and Woodland; from Ninth to Tenth (Ord. 1712, April 21st, 1913). 27-410. Alley between Kirwin and Claflin; from Santa Fe to Highland (Ord. 1420; June 3rd, 1908). 27-411. ; Alley between Morrison and Prescott; from Phil- lips to College (Ord. 2665, Jan. 20th, 1923). 27-412. Alley between Morrison and Washington; east of Tenth Street along south side of block 6 Morrison's 3rd Addition as then existing (Ord. 1158, Sept. 16th, 1902). 27-413. Alley between Phillips and College; through block 2 in replat of part of Morrison's 3rd Addition (Ord. 2666, Jan. 26th, 1923). ' 27-414. Alley between Republic and Beloit; east of I-Iigh- land (Ord 1878, Sept. 6th, 1915). 27-415. Alley between Republic and Beloit; west of Santa Fe (Ord. 2528, July 1st, 1922). 27-416. Alley between Santa Fe and Fifth; from Elm to Ash (part of) (Ord. 1172, Jan. 19th. 1903). 27-417. Alley between Santa Fe and Fifth; from Pine to , North (subject to easements for polls and mains) .(Ord. 1453, Nov. 18th, 1908). • 27-418. Alley between Santa Fe and Fifth; north of Elm • (subject to easements for polls and wires) (Ord. 1660,•June 17th, 1912). • Ch. 27, Art. 4] Streets and Alleys. Alleys Vacated. 333 27-419. Alley between Santa Fe and Seventh; north of North Street (Ord. 478, Jan. 18th, 1886). • 27-420. Alley between Santa Fe and Fourth; south of Jewell (Ord. 2757, April 23rd, 1923). • 27-421: Alley between Santa Fe and Highland; from Beloit to Minneapolis (Ord. 2351, August 21st, 1920). 27-422. Alley between Santa Fe and Highland; from Min- neapolis to Jewell (Ord. 1266, July 17th, 1905). 27-423: Alley between Santa Fe and Highland; from ' Jewell to Kirwin (Ord. 1743, Jan. 19th, 1914). • 27-424. Alley between Santa Fe and Highland; from Kir- win to Claflin (Ord. 1420, June 3rd, 1908). 27425. Alley between Spruce and Ceder; from Baker to Phillips (Ord. 2307, Jan. 10th, 1920). 27-426. Alley between Walnut to South Street; from Tenth to Eleventh (Ord. 716, Sept. 5th, 1889). 27-427. Alley between Third and Fourth; in Jones Addi- tion north of Railroad Avenue (Ord: 1271, August 14th, 1905). 27-428. Alley between Third and Fourth; north,of Pine Street (Ord. 2587, Sept. 16th, 1922). 27-429. Alley between Third and Fourth; from Ash to Elm and from Elm to Pine (Ord. 2181, May 25th, 1918): 27-430. Alley between Third and Fourth; from Ash to Iron (Ord. 479, Jan. 18th, 1886). 27-431.. Alley between Third and Fourth; South of Iron to Smoky Hill River (Ord. 453, July 20th, 1885; Ord. 1545, Jan. 19th, 1912). 27-432. Alley between Fourth and Fifth; in Jones Addi- tion South of Railroad Avenue 50 feet (Ord. 1271, August 14th, 1905). 27-433. Alley between Fourth and Fifth; in Jones Addi- tion north of Railroad Avenue (Ord. 1271, August 14th, 1905). 27-434. Alley between Fourth and Fifth; from Elm to Pine (part of) (Ord. 1216, Feb. 15th, 1904). 27-435. Alley between Fourth and Fifth; south of Elm (Ord. 1296, Jan. 15th, 1906). 27-436. Alley between Seventh and Eighth; from North Street, North to Union Pacific right of way (Ord. 2112, Dec. 8th, 1917; Ord. 2198, July 20th, 1918). 27-437. Alley between Seventh and Eighth; from North Street south to Santa Fe right of way (Ord. 2033, May 19th. 1917). • 334 Streets,alit/ AIleys. Alleys Vacated. [Ch. 27, Art. 4 27-438. Alley between Ninth and Tenth; north of Grand Avenue (Ord. 1712, April 21st, 1913). 27-439. Alley between Ninth and Tenth; south of Bishop (Ord. 140, Nov. 19th, 1874). • 27-440. Alley between Tenth and Eleventh; north of South Street to Maple Grove Addition (Ord. 2559, August 12th, 1922). 27-441. Alley between Twelfth and Thirteenth; south of North Street in block 14 Depot Addition (Ord. 746, July 24th, 1890). 27-442. Alley along east side of Atherton and Phillips Addition; (Ord. 2173, May 6th,'1918). 27-443. Alley from Crawford to Bond; north and south across block 3 Bond's addition as originally platted (Ord. 1364, Feb. 26thj_1907). 27-444. Alley from Bond to Wilson; east of Fourth Street (Ord. 1999; Nov. 9th, 1916). • 27-445: Alleys,in block 7; Depot addition (Ord. 196, March 19th, 1877). 27-446. Alleys in blocks 8-12 and 13; Depot Addition (Ord. 633, March 1st, 1888). 27-447. Alley along'south side of block 6; Morrison's 3rd. Addition as then existing east of Tenth Street (Ord. 1158, Sept. 16th, 1902). 27-448. Alley east and west through blocks 1-2-3 and 4; Morrison's 3rd Addition as then existing (Ord. 1469, § 1, March 15th, 1909). 27-449. Alley along south side of block 1; Morrisons re- plat of part of Morrison's 3rd•Addition as then existing west of Eleventh Street (Ord. 1746, Feb. 16th, 1914). . 27-450. Alley running north and south in block 3; Mor- risons replat of part of Morrison's 3rd Addition as then existing . west of Eleventh Street (south 140 feet) (Ord. 1746, Feb. 16th. 1914). 27-451. Alley running north and south in middle of block 1;•Morrison's 2nd Addition as then existing (Ord. 1746,, Feb. 16th, 1914). 27-452. Alley running north and south in middle of block 1; Morrison's replat of part of Morrison's 3rd Addition west of Eleventh Street (Ord. 1746, Feb. 16th, 1914). . 27-453. Alley running north and south in block 3; 'South • Park Addition as then existing (Ord. 1746, Feb. 16th, 1914). Ch. 25] Trash, Waste, Garbage, Etc. 33 27-454. Alley running north and south in block 4; South Park Addition as then existing, (Ord. 1746, Feb. 16th, 1914). 27-455. Alley east and west across blocks 2 and 3; Sunny Side Addition as then existing (Ord. 1401, Feb. 17th, 1908): CHAPTER 28.—TRASH, WASTE, GARBAGE, ETC. (Published in The Salina Evening Journal, May 26; 1923.) Ordinance No. 2772. An Ordinance relating to waste and offensive matter, providing for the care and disposal thereof and repealing Ordinance Number 2241 of The City of Salina, Kansas. • Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: 28-101. Throwing dirt, filth, sweepings, manure,. etc., on any lots, streets, etc. § 1. 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, ex- crement, 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. 28-192. Private premises kept clean. § 2. All private premises in said City and the vacant space in the rear of any business lot, house or mercantile establishment 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 occupant or occupants of the ground floor of any business house or mercantile establishment, as 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. . 28-103. Occupants of ground floor responsible., § 3. 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. 28-104. Provide metal receptacle; removal of contents; . fly proof; closed. § 4. It shall be the duty of every owner or occupant of any residence, business' house, hotel boarding house. 336 Trash, -waste, Garbage, Etc. [Ch. 2S 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 man- ner from all business houses, restaurants, hotels, boarding houses, mercantile or other business 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 clay of April and the first clay 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. 28-105. Violation of ordinance; penalty. § 5. Any per- son, firm or corporation violating any of the terms of this ordi- nance 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. 28-106. Repeal of prior ordinances. § 6. That sections 1, 2, 3, 4, 5, 6, 7. and 8, of Ordinance Number 2241 of the City of Salina, Kansas, be and the same are hereby repealed. • 28-107. Take effect. § 7. 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, May 14th, 1923. • Passed and approved, May 21st, 1923. (Seal) J. S. HARGETT, Mayor. Attest: CIIAS. E. BANKER, City Clerk. • 28-108. Public nuisance; penalty. That it is hereby declared to be a public nuisance and unlawful 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 de- posit, or permit the throwing, placing, depositing or accumulation thereon of any filth; sweepings, rakings, excrement, papers, cans. stable manure, boxes, weeks, trash, rubbish, waste or litter of any kind whatsoever, and that any person who shall knowingly 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 I-Iundred ($100.00) Dollars (5 1, Ord. 2489, 4-24-1922). 28-109. Notice to owner, occupant or agent; abatement by City; assess costs, That in all cases where the owner, occu- Ch. 23] Trash, Waste, Garbage, Etc. ' 337 -pant, 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 live (5) days after receiving written notice by the City of Sa- lina 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 spe- cial assessment shall be by the City Clerk of Salina, Kansas, certi- fled to the County Clerk of Saline County, Kansas, and collected as other special assessments are collected (§ 2, Ord. 2489, 4-24- 1922). 28-110. Sweepings from business buildings in streets. That it shall be unlawful for any person, co-partnership or cor- poration of any agent, servant, employe, member, officer or repre- sentative thereof to sweep or otherwise deposit any dust, dirt, papers, 'sweepings or other refuse from the interior of any store, office or other building or part thereof in the City of Salina into or upon any public sidewalk, street or alley in said City •(§.1, Ord. 3050, 12-8-1924. See also Secs. 15-159 to 15-162). 28-111. Violation of Sec. 24-110; penalty. Ally 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 (§ 2, Ord. 3050, 12-9-1924). 28-112. Who responsible for observance of Sec. 24-110. The owner, manager or person-in charge of any business, store or building in the City of Salina shall be deemed to be responsible • for the observance of the provisions of this ordinance by all per- sons in his employ or under his direction and shall be deemed guilty of the violation of this ordinance by any such servant or employee, provided however, that the provisions of this section shall not he deemed to relieve the person actually violating the same from punishment for such violation (§ 3. Ord. 3050, 12-8- 1924). • • • • • • • • 3338 Traffic Rules. , General Rules. [Ch. 29,Art. 1 CHAPTER 29.—TRAFFIC RULES. Article 1.—General Rules.-29-101 to 29-126. 2.—Arterial Highways and Other Regulations.- 29-201 to 29-223. ARTICLE' 1.—GENERAL RULES. Ordinance No. 1983. An Ordinance regulating the use of automobiles, motorcycles and other Vehicles on the streets, avenues and alleys of the City of • • Salina, Kansas; regulating the passage of pedestrians upon and over the public streets of the City of Salina; regulating the operation of street cars in the City of Salina; providing pen- alties for the violation hereof and repealing Ordinances num- bered 1521, 1698 and 1782 of said•City of Salina. Be it Ordained by the Mayor and Councilmen of the City of Salina: - 29-101. Owners, drivers and operators obey rules. § 1. The.owner, operator or driver or person in charge of any cart, dray wagon, hackney, omnibus, automobile, taxicab, carriage, bug- . • gy, motorcycles, tricycle, bicycle or other vehicle used, propelled or driven upon the streets of Salina, shall conform to and observe the following rules and regulations upon all such streets alleys, avenues, boulevards, park roads and public places in said City. 29-102. Definitions. § 2. For the purpose of this ordi- ' nance the following terms are defined as follows, to-wit: • (1) The word "Vehicle" includes all equestrians, led horses .and saddle horses, and everything on wheels or runners, except street cars and baby carriages. (2) The word "Horses" includes all domestic animals. (3) The word "Driver" includes the rider or driver of a horse, the rider of a wheel and the operator Of an automobile, motorcycle, street car or other vehicle. • (4) The term "Business District" shall include all that por- tion of the City of Salina, bounded by the north, side of Elm Street, the south side of Walnut Street, the east side of Fourth Street and the west side of Eighth Street. • 29-103. Rules of the road. § 3. (1) Vehicles meeing shall pass on the right. (2) A vehicle overtaking another shall pass on the left side of the overtaken vehicle and shall not pull over in front of the overtaken vehicle until entirely clear of it. (3) Every person using any vehicle on any street, avenue a boulevard in the City of Salina, shall operate, drive or ride-said • Ch. 29, Art. 11 Traffic Rules. General Rules. 330 vehicle on the portion of such street, avenue or .boulevard to the right of the center thereof, except where such.portion is. in im- passable condition. (4) •Vehicles moving slowly shall keep as close as possible to the curb to the•right, allowing more swiftly moving vehicles free passage to the left. (5) Vehicles and street cars shall be driven and operated in a careful manner and with clue regard for the safety and conveni- ence of pedestrians and all other vehicles. (6) No vehicles or street car shall so occupy any street as to interfere with or interrupt the passage of other cars or vehicles. (7), The driver or person in control of any vehicle upon a track in front of a street car shall turn out upon the signal of the motorman or the driver of such street car. (8) Every person in charge of a vehicle shall pull to the right of the street or road when signalled from a vehicle behind, desiring to pass. (9) . A vehicle turning into another street to the right shall turn the corner as near to the right hand curb as possible, thus. • . i FT (10) A vehicle when turning to the left to enter an inter- secting street shall not turn until it shall have passed beyond the center of such intersecting street, thus. • • J L • 340 Traffic Rules. General Rules. [Ch. 29, Art. 1 • (11) Vehicles crossing from one side of the street to the other shall do so by turning to the left so as to head in the same direction as the traffic on the street. (12) No vehicles shall be turned around upon any street within the business district unless said vehicle shall first proceed to the next cross street and shall then make the turn to the left after reaching the center of such cross street; providing that on north and south streets turns may be made in the center of the block as designated by "Safety Zones' (See § 29-206). - (13) Vehicles shall not stand or travel two or more abreast in any street or avenue in the City. (14) When vehicles meet at the intersection of streets the • vehicles to the right shall.have the right of way. 29-104. Speed limit. § 4. (As amended by Ordinance No. 2282.) No person shall operate any motor vehicle on the"public streets, avenues or alleys of the City of Salina, Kansas, at a 'speed greater than twelve (12) miles an hour nor at a rate of speed greater than is reasonable and proper, and having 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 limb of any per- . son. 29-105. Regulations. § 5. An•operator of a motor vehicle shall not race.his engine; shall not allow smoke to escape except • when starting his. engine; shall not open his muffler; shall not make unnecessary noise,- and shall not allow his vehicle to be re- • paired, in the street, except in an emergency. No pedestrian, nor a person riding a bicycle, shall hang onto a street car or any other vehicle. . No unauthorized person shall interfere with or molest any vehicle, and a mere touching of a vehicle shall be considered as molesting; Provided, However, that for the purpose of getting away from the place of standing a driver may move another vehicle which is so placed that he cannot get his vehicle out. No bicyclist, nor motorcyclist shall curve to and fro on his vehicle or ride without his hand's on the handlebars. No bicyclist nor motorcyclist shall carry any person on his _ vehicle unless such vehicle is equipped with two seats. • No vehicle nor pedestrian shall pass through a procession, except with the permission of a Police Officer. No vehicle shall travel over curbing or across any parking, and no vehicle shall travel along any sidewalk or across any side- walk, except at an alley or a private entrance for vehicles. No. horse attached to a vehicle shall he permitted to stand upon a portion of any street or avenue, unless the driver thereof is in charge of and accompanying the same, or unless such-animal is securely hitched to a post or other suitable hitching'contrivance. • Ch. 29,Art. 1] Traffic Rules. General -Rules: 341 • No person shall ride or jump any vehicle without the consent of the driver, and no person when riding shall allow any part of the body to protrude beyond the limits of the vehicle. No person driving any motor driven vehicle shall allow any object to extend beyond the limits of such vehicle to the danger of the public. 29-106. Signals. § 6. The driver or person in control of a vehicle in slowing or stopping shall signal those in the rear by raising whip or hand. No vehicle shall be turned unless signal shall_previously be given by whip or hand indicating the intention that a turn is to be made. No person in control of a vehicle shall back the same without ample warning having been given; and, while backing, care must be exercised not to injure those in the rear. The driver of a vehicle shall by audible signal or motion of the hand give ample warning when starting forward or backward or on approaching other vehicles or pedestrians, and whenever there is any danger of collision or accident. Whenever there is a Traffic Officer the driver•of a vehicle shall indicate the direction in•which he wishes to travel and shall not proceed until ordered by the Traffic Officer. Street car motormen when desiring to cross street intersec- tions where there is a Traffic Officer, shall ring their bells twice in quick succession, and shall not cross the street intersection until ordered 'by the Traffic Officer with the wave of the arm, cane or, other instrument as applies to all vehicles. • 29-107. Stopping and parking. § 7. No vehicle shall stop with its left side to the curb on any street, but shall always approach with the curb to the.right. It shall be the duty of the • Board of Commissioners to have plainly marked upon the curb and gutter or upon the pavement, ori each side of Santa Fe Ave- ' nue between _Ash Street and Walnut Street, white lines eight feet apart, set at an angle of 35 degrees, and it shall thereupon be mr- . • lawful for any vehicle to be parked upon Santa Fe Avenue within the limits between Ash Street and Walnut Street except within the eight foot space provided between said lines and at an angle • of 35 degrees therein. Elsewhere. within -the business section as hereinbefore defined all vehicles shall be parked at an angle of 35 degrees and not less than 2 feet from any other parked vehicle, except upon Ash Street between Santa Fe Avenue and .Seventh Street; Walnut Street between Fifth Street and Seventh Street; and on the west side.of Santa Fe Avenue from Walnut to a point 300 feet south of South Street where all vehicles shall be parked parallel with and adjacent to the curb, and not less than 3 feet apart. • • • 342 Traffic Rules. General Rules. [Ch. 29, Art. 1 ' No vehicles unless in an emergency or to allow another vehicle or pedestrian to cross its path, shall stop in the street except near the right hand curb thereof, and so as not to obstruct the cross- ing, and that it shall be unlawful for any vehicle to stand on any street behind another parked vehicle and Parallel with the sidewalk. • No vehicle shall be parked within ten feet of any fire hydrant (§ 7, Ord. 1983, Amd. by § 1, Ord. 2385; Amd. by § 1, Ord. 2477; Amd. by § 1, Ord. 2615, 11-13-1922). 29-108. Safety zones. § 8. That safety zones for the safety and protection of pedestrians and of passengers upon street cars be and the same are hereby established at the northwest and southeast corners of the intersection of Iron Avenue and Santa Fe Avenue, at .the Northwest corner of the intersection of Santa Fe Avenue and Walnut Street, at southeast and southwest corners of the intersection of Santa Fe Avenue and Ash Street and at the northeast corner Of the intersection of Ash Street and Seventh Street. Such safety zones shall consist of a strip not less than eight (8) feet wide measured from the outside rail of the street .car track on the right hand side of the street and extending from the near side of the cross street back sixty (60) feet, except that the safety zone at the southwest corner of the intersection of Ash , Street and Santa Fe Avenue shalt be not less than eight (8) feet wide measured from the outside rail of the street car track on the west side of the street and extending south from Ash Street sixty (60) feet. That safety zones for. the safety and protection of pedestrians and of street car passengers be and the same are also hereby established in the center of the block upon each side of Santa Fe Avenue between Ash Street and Iron Avenue and upon each side of Santa Fe in the center of the block between Iron Avenue and Walnut Street. Such safety zones shall consist of a strip eight (8) feet wide measured from the outside, rail of the - street car track on each side of said street and extending in each instance north and south a distance of twenty-five (25) feet from the center of each of said blocks as marked by the turning points therein (See § 29-206; 29-207). Street cars shall stop so as to discharge or receive their pas- , sengers within the bounds of such safety zones only. Such safety zones shall be plainly marked upon the pavement so that pedes- trians and drivers of vehicles may easily distinguish them. Whenever any street car shall be 'standing within any such safety zone for the purpose of taking or discharging passengers or whenever any person shall be standing within any such safety • zone no vehicle of any kind shall enter or cross such safety zone (See also § 29-208). • • 'Ch.29,Art. 11 Traffic Rules. General Rules. 343 Additional safety zones may be established and marked by the • Board of Commissioners at such times and Places as may in their judgment be deemed necessary for the safety and convenience of • the public and when any such additional safety zones may be so established and marked all of the provisions and regularities of this section, shall apply thereto. No vehicle shall be parked between the curb of any street and any safety zone herein provided for or which 'may be hereafter established, and no vehicle with trailer attached shall be parked upon any public thoroughfare within the business section as here- in defined (§ 8, Ord. 1983; Amd. by § 2, Ord. 2385; Amd. by § 2, Ord. 2477, 11-13-1922). 29-109. Pedestrians. § 9. The roadbeds and highways are • primarily intended for vehicles but pedestrian's have the right to cross them in safety, and all drivers of vehicles shall exercise' all proper care not to injure pedestrians, Provided However, that pedestrians shall not carelessly nor maliciously interfere with the passage of vehicles. Pedestrians crossing any street at the intersections' thereof with another street within the business districts, shall pass over such portion of the street as is included within the knees or bowl- (laries of the sidewalk projected and not diagonally. Vehicles and street cars shall not stop on the cross walks so , as to interfere with the passage of pedestrians. . 29-110. Fire, police and ambulance vehicles. § 10. Police, Fire Department, Fire Patrol, United States mail vehicles and ambulances shall have the right of way in any street. Upon the approach of any fire apparatus, police patrol or am- bulance, every vehicle shall draw up as near as practicable to the right curb of the street and remain at a standstill until such ap- paratus, patrol or ambulance shall have passed. The driver of a street car shall immediately stop his car and keep it stationary upon the arrival of any fire apparatus. 29-111. Motor drivers. § 11. (As amended by Ordinance No. 2282.) It shall be unlawful for any person under, fourteen (14) years of age or for any intoxicated person to .operate a motor vehicle upon the public streets, avenues, lanes and alleys of the City of Salina, or for any person to operate, take or remove any automobile or other motor vehicle from the place where left by the owner or person in charge thereof without the consent of the owner or person in 'charge, and any person violating any of the provisions of this section shall be deemed guilty of a mis- demeanor.and upon conviction thereof shall be fined a sum not less than ten ($10.00) dollars nor more than two hundred 3-14 Traffic Rules. General Rules. [Ch. 29, Art. 1 ($200.00) dollars, or be confined in the City Jail for a period not exceeding six (6) months or by both such fine and imprison- ment. 29-112. Street cars. § 12. Street cars shall have the right of way between street crossings over all other vehicles, and shall not stop between street crossings in the business district unless safety zones shall be provided. Street cars shall not travel at a greater rate of speed than is reasonable and safe,,having regard for traffic, location and the - safety of the public, but in no case shall the rate of speed exceed twenty-five (25) miles per hour. Within the business district as defined in this ordinance, no street car shall travel at a greater rate of speed than fifteen (15) miles per hour, and shall not pass over any street intersection within such district at a greater rate of speed than ten (10) miles per hour. Outside of such business district no street car shall pass over any street intersection at a greater rate of speed than fifteen (15) miles per hour. 29-113. Motor equipment. § 13. (Repealed by Ord. No. 3071, see Secs. 29-119 to 29-126.) 29-114. Traffic officers; turn blocks; processions. § 14. It shall be the duty of the police department to enforce all the pro- visions of this ordinance, and to that 'end every person driving or , operating any vehicle shall stop the same immediately upon the re- quest or upon the signal of a police officer, such signal to be made by such officer raising the hand or club or blowing a whistle. Turn blocks shall be provided at the intersections of street in the business district and there shall be a traffic officer on busy days. No vehicle except police patrol, ambulance, fire apparatus or United States mail, shall be driven through a procession except upon the permission of a police'of ficer. 29-115. Accidents. § 15. The driver of any vehicle who in any manner injures any person, property or other vehicle, shalt stop and give reasonable assistance, and shall give to the police, the person injured or the owner of the property, injured, his name and address, the name and address of the owner of the vehicle he was driving at the time of the accident and the registered number of vehicle. 29-116. Penalty. § 16. (As amended by Ordinance No. 2282.) Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, except'as otherwise provided herein, upon conviction thereof shall be fined in any sum not exceeding one hundred ($100.00) dollars or imprisonment not exceeding sixty (60) clays in the City` jail, or by both such fine and imprisonment. • • Ch. 29,Art. 11 Traffic Rules. General Rules.' 345 29417. Prior ordinances repealed. § 17: Ordinance Nos. 1521, 1698 and 1782 are hereby repealed. 29-118. Take effect. § 18. This ordinance shall take effect and be in force from 'and after its publication in The Salina Evening Journal. Passed and approved August 21st, 1916. (Seal) EDD MATHEws; Mayor. Attest: CHAS. E. BANKER, City Clerk. Ordinance No. 3071. An Ordinance amending Section 13 of Ordinance No. 1983, being an ordinance regulating the use of certain vehicles on the streets, avenues and alleys of the City of Salina, Kansas, and repealing said original Section 13 of such ordinance. • Be it Ordained by the Board of Commissioners .of the City of Salina, Kansas: 29-119. Lights on motor vehicles. § 1. , That Section 13 of Ordinance No. 1983 of the City of Salina, Kansas be and the same is hereby amended to read as follows: "Section 13. "A."— During the period between one-half hour after sunset and one-half hour before sun rise every motor vehicle using ally street, avenue or public thoroughfare ill the City of Salina shall show two lamps, emitting white light visible at a distance of 300 feet towards which such motor vehicle is proceeding, and shall show one red light from the rear, and only from the rear, and which shall be visible for 200 feet from the rear end of such trailer or other vehicle. Motorcycles shall not be required to have two lamps emitting white light as above provided, but every motorcycle or every bicycle using any such streets, alleys or thoroughfares between the hours above mentioned shall have one lamp emitting white and one red lamp at the rear, visible at the distances above provided. 29120. "B." Head lights shaded: No driver of • any motor vehicle while operating the same upon any street, alley or other public thoroughfare in the City of Salina shall use any head light unless the same is properly shaded or supplied with lenses of ground or frosted glass, or with dispersive lenses or glass or with a mechanical apparatus for turning down such illuminating lights so that such lights will not blind or dazzle other users of the high- way or make it unsafe for such other users to ride, drive or walk thereon and such lamps shall be adjusted by the proper direction of said lamps downward, and the adjustment.of the bulb so that the uppermost part of the light ray shall not rise above the level • of the top of.the front lamp or glass opening within a distance of 75 feet ahead of such vehicle. • • 348 Traffic'Rules. Arterial Highways and [Ch. 29,Art. 2 Other Regulations. 29-121. "C." Spot lights prohibited. It shall be unlaw- ful for the.driver of any motor. vehicle to direct the rays of a light known as a spot light upon any highway in the City of Salina. 29-122. "D." Bell or signal required. Every motor vehicle used on the streets, avenues or alleys of the City of Salina shall have a suitable bell, horn or other adequate signal in good working order to give warning of the'approach of such vehicle to pedestrians and other drivers. 29-123. "E." Muffler required; cut out prohibited. Every_motor vehicle shall be equipped with a suitable muffler to deaden the explosions of the engine and it shall be unlawful to open the cutout of said muffler while any such motor vehicle is being operated on any street or public thoroughfare within the.City of Salina. 29-124. "F." 'Brakes required.. Every motor vehicle operated within the. City of Salina shall be equipped with a brake and emergency brake, both of which shall be, at all times, kept in good working order. 29-125. Prior ordinances repealed. ,•2. That original Section Number 13 of Ordinance Number 1983 of the City of Salina be and the same is hereby repealed. • 29-126, Take effect. § 3. This ordinance shall take effect and be in full force from and after its publication in the Book of Revised Ordinances. Introduced for first reading, February 9th, 1925. Passed and .approved, February 16th, 1925. J. S. I-IARGETT, Mayor. Attest: CHAS. E. BANKER, City Clerk. • ARTICLE 2.—ARTERIAL HIGHWAYS AND • OTHER REGULATIONS. (Published in The Salina,Evening Journal, Oct. 18, 1924.) Ordinance No. 3037. • An Ordinance regulating vehicular traffic on certain streets and • avenues in the City of Salina, providing for the designation of certain streets and highways and parts thereof as "Arterial I-Iighways" and defining the same, prohibiting left-hand turn- ing at intersections and points on certain streets, and repealing all ordinances or parts of ordinances in conflict herewith. Bt it Ordained by the Board of Commissioners of the City of Salina, Kansas: . 29-201. Arterial Highways designated. That the follow- ing named streets and avenues within the limits herein mentioned • Ch. 29, Art, 2] Traffic Rules. Arterial Highways and 347 Other Regulations. shall be and they are hereby designated as "Arterial Highways" to-wit: (1) Santa 'Fe Avenue in the City of Salina from the north line of Elm Street to the south line of Claflin Avenue and (2) Iron Avenue from the east line of Delaware Avenue to the west line of Phillips Street (§ 1, Ord. 3037, Amd. n 1, Ord. 3067, 2-9-1925). 29-202. Vehicles stop before entering. § 2. That no vehicle as defined in Section Two (2) of Ordinance Number 1983 (Sec. 29-102) shall enter or cross any arterial highway as herein defined without first coming to a full and complete stop upon ar- • riving at the street line of such arterial highway on that side of such highway which such vehicle is approaching. 29-203. Arterial Highways marked. § 3. It shall be the duty of the Superintendent of Streets to cause all streets or avenues approaching any such arterial highway to be plainly marked with a painted strip running across such street at the line at which ve- hicles are required to stop in accordance with the preceding sec- tion hereof, and to have painted upon such streets such words, ' figures or designs as may he directed by the Board of Commis- sioners for the purpose of designating the approach to any such arterial highway. 29-204. Unlawful to enter without stopping. § 4. That it shall be unlawful for any person driving or in charge of any vehicle to enter into or 'cross any arterial highway without first bringing such vehicle to a full and'complete stop as in this or= dinance required. 29-205. U-turn at Santa Fe and Iron; left hand turns. § 5. That from and after the taking effect of this ordinance it shall be unlawful for any person driving or in charge of any vehicle as herein defined to make what is commonly known as a "U" turn (consisting of two successive left-hand turns so .as to- completely reverse the direction of said vehicle) at any time at.the intersection of Santa Fe and Iron Avenue, and it shall'be unlaw- ful for any such person to make what is known as a left-hand turn at said intersection whenever there shall be a Traffic Officer located at such intersection unless the Traffic'Officer shall specifi- cally direct and consent to the making of such left-hand turn. 29-206. No U-turns in center of certain blocks. § 6. That it shall hereafter be unlawful for any person driving or in charge of any such vehicle to make a left-hand turn or "U" turn at any time at the Safety Zones in the center of the block between Ash Street and Tron Avenue and between 'Walnut Street and Iron Ave- nue on Santa Fe Avenue. 29-207. Turning blocks abolished. § 7. That the turning blocks heretofore established in the center of the block on Santa 348 Traffic Rules. Arterial Highways and [Ch. 29, Art. 2 • • Other Regulations. Fe Avenue between Ash Street and Iron Avenue and between Iron Avenue and Walnut Street be and the same are hereby abol- ished and it shall be the duty of the Superintendent of Streets to remove or cause the same to be removed upon the taking effect of this ordinance. . 29-208. Passing standing street cars prohibited. § 8. Whenever any street car shall be standing at or within any safety zone, as now or hereafter established for the purpose of taking on or• discharging passengers, it shall be unlawful for any person . driving or in charge of any vehicle to drive or permit said ve- hicle to be driven past such standing street car in the direction in which said car is headed. 29-209. Repeal conflicting ordinances. § 9. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are, in so car as they conflict with the provisions of this ordinance, repealed. 29-210. Violation of ordinance; penalty. § 10. That 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 in any sum not exceeding $100 or by imprisonment in the City jail for a term not exceeding 60 days or by,both such fine and imprisonment. 29-211. Take effect. § 11. This ordinance shall take effect and be in full force on November 1st, 1924, and after its pub- lication once in the official City paper. Introduced for first reading, September 29th, 1924. . ' Passed and approved, October 13,1924. (Seal) J. S. T-IARGETT, Mayor. Attest: CHAS. F. BANKER, City Clerk. 29-212. Entering Prescott from Highland; stop. That . no vehicle shall enter Prescott Avenue in the City,of Salina, kan- sas, from Highland Avenue without first being brought to a full • and complete stop (§ 1, Ord. 2053, 12-15-24). 29-213. Entering Fifth Street from Prescott; stop. That no vehicle shall enter Fifth Street in the City of Salina, Kansas. from Prescott Avenue without first being brought to a full and complete stop (§ 2, Ord. 2053. 12-15-24). 29-214. Markings at intersections. That it shall be the duty of the Superintendent of Streets to install and maintain at the intersections above mentioned suitable markings to notify the public of the regulartions herein provided for (§ 3, Ord. 2053, 12-15-24). 29-215. Violation of Secs. 29-212 and 29-213; penalty. That any person driving, operating.or in charge of any vehicle • • Ch. 29,Art. 2] Traffic Rules. Arterial Highways and 349 Other Regulations. • who shall violate or permit the violation of the provisions of Sec- tions One and Two of this ordinance be deemed guilty of a mis-, demeanor and upon conviction thereof shall be fined in any sum not exceeding $25.00 (§ 4, Ord. 2053, 12-15-24). 29-216. Running boards; standing on•prohibited. That it shall be unlawful for any person to stand, or ride on the run- ning board of any automobile, while the same is, being driven on any public street or thoroughfare within the City of Salina, Kan- sas (41, Ord. 3049, 12-8-24). 29-217. Same; unlawful to permit others to ride on. That it shall be unlawful for any person driving or in charge of any automobile to permit any person to stand or ride on the running board of such automobile while the same is being driven on any public street or thoroughfare within the City of Salina, Kansas; or to drive any automobile on any such street or thoroughfare while any person is standing or riding on the running board thereof (5 2, Ord. 3049, 12-8-24). 29-218. Emerging from alleys and driveways; stop; sound warning. That every vehicle •shall be required to come to a full and complete stop and to give a signal by sounding a horn or other warning before emerging from any alley or private driveway within the City of Salina, Kansas, into any public street or thoroughfare within said City, such stop to be made before crossing the property line along the side of the street to be entered ' by such vehicle, and it shall be unlawful for the driver or person in charge of any such vehicle to enter any such street or thorough- fare from.any alley or private (lriveway without first coming to a full and complete stop and sounding the horn on such vehicle (� 3, Ord. 3047, 12-8-24). 29-219. Entering alleys or driveways; crossing sidewalk; speed. That it shall be unlawful for any person driving or in charge of any vehicle to drive or propel the same or to cause or permit the same to be driven or propelled when entering any { alley or private driveway'in the City of Salina, or when crossing any sidewalk or the space in ally such alley or private driveway used my pedestrians as a sidewalk, at a rate of speed greater than six miles per hour (§ 4, Ord. 3049, 12-8-24). 29-220. Violation of Secs. 29-216 to 29-219; penalty. That any person violating or permitting the violation of any of the pro- visions of this ordinance shall he deemed guilty of a misdemeanor and upon conviction thereof shall he fined in any slim not exceed- ing $25.00 (. 5, Ord. 3049, 12-8-24). 29-221. All night parking; prohibited. That it shall be - unlawful for any person to use any street, alley, avenue or other • S50 •Wards. [Ch. 30 public thoroughfare or any part or portion thereof, within the City of Salina, Kansas, for the purpose of what is combonly known as "all night parking" of any automobile, truck or other vehicle, and it shall be unlawful for any person to leave or to allow or permit any such automobile, truck or other vehicle to be left standing in any such street, alley or other.public thorough- fare for such purpose (§ 1, Ord. 2958, 3-17-24). 29-222. Violation of Sec. 29-221; penalty. That any per- : son violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shalt be fined in any sum not greater than $10.00 (§ 2, Ord. 2958, 3-17-24). 29-223. Horn or siren; sound like fire apparatus; pro- hibited; penalty. It shall be unlawful for any person to blow, • ring or sound, or to attach to any automobile, bicycle or motor- cycle or other vehicle in such manner as•to cause to be sounded, when such vehicle is in motion, any whistle, bell or device making a sound similar to or like the whistle or bell used on the fire wagons or automobiles of. the City of Salina; and any person violating any. of the provisions .hereof shall be guilty of a mis- demeanor and upon conviction thereof, fined in any sum not ex- ceeding $10.00; Provided, however, that •this ordinance shall not apply to any whistle. bell or device used on any of the fire vehicles . of said City (§ 1, Ord. 1704, 3-17-1913). CHAPTER 30.—WARDS.• 30-101. City divided into wards. That the City of Salina he and is hereby divided into five wards, to be styled and known as the First, Second, Third, Fourth and Fifth Wards (y 1, Ord. 1763, 5-25-1914). 30-102. Boundaries of wards defined. All that portion of said City lying north of Iron Avenue and east of Santa Fe shall constitute the First Ward; all that portion of said City lying north of Iron Avenue and west of Sairta -Fe Avenue shall con- stitute the Second Ward; all that portion of said City lying west of Santa Fe between Tron Avenue and Prescott Avenue shall con- stitute tide Third Ward; all that portion of said City lying east of Santa Fe between Iron Avenue and Prescott Avenue shall con- stitute the Fourth Ward; and all that portion of said City lying south of Prescott Avenue shall constitute the Fifth, Ward (§ 2, Ord. 1763, 5-25-1914). 30-103. Second and Third Wards; divided into precincts. F 3. That the Second and Third Wards, as thus constituted. • Ch. 31] .weeds. 351 . shall be and are hereby divided into voting precincts, as follows, . that is to say; the Second Ward shall be divided into two voting precincts, to be known as the North and South precincts of said Ward, and the South precinct shall include all territory in said Ward which lies south of Pine and Bishop Streets and the right of way of the Missouri Pacific railrcad from its intersection with Bishop Street extended west from Twelfth Street to the City lim- ' its; and'the north precinct of said Ward shall include all terri- tory in said Ward north of the South precinct as hereinbefore defined. The Third Ward shall be divided into two voting precincts, to be known as the North and South precincts of said Ward, and . the North precinct shall include all the. territory in said Ward • • north of a line running west from Santa Fe Avenue through MuP berry Street, and on the north line of Lot No. .1 on Ninth Street, Lots 1 and 2 on Tenth Street and Lot No. 1 on Eleventh Street, Seitz's Addition, and through the alley dividing Phillip's Second • Addition north and south and through Spruce Street to the limits of the City; and the south precinct shall'include all the territory in said Third Ward south of the line above described (§ 3, Ord. 1763, 5-25-1914). CHAPTER 31.—WEEDS. • (For other Ordinances relating to Weeds see General Index.) 31-101. Weeds; owner, occupant, etc., of land required to cut; City may cut; That it shall be the duty of every owner, occupant or person in charge of every lot or piece of land within the City of Salina to cut and destroy all weeds and obnoxious ' vegetable growth thereon on in any of the streets and alleys in front of and abutting upon any such lot or piece of land. When- ever the owner, occupant or person inicharge of any such lots or pieces of land shall fail to provide for the cutting and destruc- tion of such weeds and obnoxious vegetable growth or shall fail ' to provide and destroy the same within five days after a notice is • published in the official City paper by the City Clerk requiring the cutting and destruction of such weeds and obnoxious vegetable growth and notifying the owners, occupants or persons in charge of any such lots or piece of ground to cut and destroy the same, then the Street Superintendent shall cut and destroy the weeds and obnoxious vegetable growths on any such lot or piece of. ground ' and in the streets or alleys in front of or abutting upon any such' lot or piece of ground and shall keep an account of the cost.there- of and shall report the same to the City Clerk (§ 1, Ord. 2918, • 2-9-1923). • • 352 • White Way.. [Ch.32 • 31-102. Levy special assessment; certify to County Clerk. That the cost and expense of the cutting and destruction of any such weeds or obnoxious vegetable growth provided for in the preceding section, when clone by the Superintendent of Streets or under his direction, shall be assessed against such lots and pieces of ground abutting- upon that part of any street or alley on which any such weeds or obnoxious vegetable growths were growing when cut or against any lot or piece of land upon which any such weeds or obnoxious vegetable growths were growing when cut as aforesaid, according to the costs incurred in such cutting or de- struction, which special assessments shall be by the City Clerk . certified to the County Clerk of Saline County, Kansas, to be • by him collected in a like manner as-other taxes and special assess- ments are collected according to law (j 2, Ord. 2918, 2-9-1923). CHAPTER 32.—WHITE WAY. 32-101. Ordinance No. 1706, passed March 24, 1913; Pro- vided for installation of a White Way on-Iron Avenue between Fifth and Seventh Streets and on Santa Fe Avenue between'Ash • and Walnut Streets, and for the maintenance of same for five years from said date at prices provided for in said ordinance, and for the removal of certain arc lights on said streets, to be de- ducted.from the number of arc lights paid for by City. ' '32-102. Resolution passed June 16, 1917; Provided for ex- . tension of White Way on Santa Fe from Ash to Elm Streets and on Seventh Street from Ash Street to 400 feet south of Iron Avenue. 32-103. Ordinance No. 2068, passed July 16, 1917; Pro- vided for maintenance of White Way as provided for by Ordi- nance No. 1706, and for installation and maintenance of such additional White Way Poles as the City might at any time order in, at prices fixed by such ordinance, for a term of five years •from the date thereof; Defined the 'conditions of Installations of White Way Poles; Provided for replacement of old type by new type arc lights throughout the City. • • • • GENERAL INDEX. 353 • • GENERAL INDEX . . . Sec. Abbott & Williams Addition; in city limits 7-202 Accident Insurance for Firemen 12-103 Addition to Grounds of Kansas Wesleyan Univ. Addn.; in city limits 7-204 Advertisements; on marquees 5-232 On .poles 5 606, 15-136 Agents License, Insurance ° 14-123 Alleys (see Streets and Alleys): direct drain into prohibited 5-902 downspouts into prohibited 5-901 vehicles entering or emerging from 29-218, 29-219 opened 27-301 to 27-316 vacated 27-401 to 27-455 Alterations; Buildings in Fire Limits ' 5 208 electric wiring 5-328 Ambulances; Right of way in streets 29-110 • through .processions . 29-114 Amusements; Board of Public Welfare Regulate 3-103 permits from board of public welfare 3-103, 3-104 • Amusement Companies;. Licenses 14-201 to 14-205 Amusement Parks; Licenses 14-206 Animals . . . . .1-101 to 1-216 carcasses; hauling through streets, misdemeanor 15-161 cruelty to. •15-103 dead; depositing in streets 15-162 placing in sewers. . 24-302 diseased; driving through streets 15-161 sale of milk from 15-118, 20-120 dogs. 1-101 to 1-110 impounded; dogs, unlicensed. . 10-108 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 1-215 slaughter of, between May 1 and Nov. 1 1-212 slaughter pens and houses, prohibited 1-211 trained; licenses . 14-112 trespassing on private grounds or sidewalks 1-215 • Arterial Highways (see Traffic Rules). Ash Street: house moving on certain parts prohibited 5 804 opened, Front to Oakdale . .• 26-101 Ashes; Storing . 10-121 hauling over streets 26-211 " Assault and battery 15-105 Astrologists, licenses. 14-119 Atchison, Topeka & Santa Fe Ry. Co.; Rights of Way. .23-201 to 23-214 conveyances for into Union Station 23-1009 Salina Northern Ry. Co 23-701 to 23-704 Atherton & Phillips Addition; in City Limits 7-202 • Auctioneers; license 14-105 Auction Rooms; license 14-106 Auction Sales; license 14-107 Auction Stands; License 14-108, 14-151 to 14-155 • 354 GENERAL INDEX. Sec. • Automatic Fire Doors 5-227 in party walls . . 5-220 Awnings; signs on . 5-233 distance above sidewalk . 5-232 wooden, prohibited. . 15-167 13 Bechtold Plat Part of Westview Addition, in City Limits 7-286 Band, Municipal. . 2-101, 2-104 band fund levied 2-101 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 Bankrupt Sales, Licenses 14-139 Barns, Lighting Matches in 10-113 Basements, Water in. . 5-252 Battery A, Lease of Part of Oakdale Park 17-312 BE. Cans, Misdemeanor. - 15-107 parents permitting„ misdemeanor. . 15-109 Beebes Addition, in City Limits 7-205 Bench Marks Established. 26-801 Berg Addition, in City Limits 7-206 Berks Addition, in City Limits 7-207 Betting, Games of Chance, Misdemeanors 15-125 Bicycles: • carrying extra persons on 29-105 curving or riding without handle bars 29-105 •riders hanging on street cars 29-105 lights required. . 29-115 Bill Boards, Consent of Property Owners 5-701 permit for erection 5-701 violation of ordinance 5-70f Billiard Halls (see Pool Halls) 14-401 to 14-411 Bills, Posting on Telegraph or other Poles 15-136 tearing down when legally posted • 15-137 Bishops Addition, in City Limits 7-202 Bishop and Blodgetts Addition,• in City Limits • 7-208 Bishop Street, opened Twelfth to Thirteenth 26-103 opened Thirteenth to College 26-109 vacated, part of. . 26-201 Blank Cartridge Pistols, Misdemeanor 15-106, 15-120 Board of Commissioners (see City Officers). Boards and Commissions: • band, trustees . . 2-201 to 2-104 board of public welfare 3 101 to 3-211 cemetery board. 6-701 to 6-703 city planning commission. 6-401 to 6-409 library, board. 6-601 to 6-605 trustees Memorial Hall . . . 6-501. to 6-505 Board of Public Welfare . . 3-101 to 3-212 amusements; regulate 3 103 authority of chairman 3-209 board created. . 3 101 by-laws. . 3-102 certificates for dances... 1 70y • GENERAL INDEX. 355; Board of Public Welfare (concluded): Sec. dances and dance halls regulated „ 3-103 duties of, board . , . 3-103 organization of board. -3-102 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 Bonding companies . . 4-101, 4-102 Bonds; Contract, Indemnity and License: . agents., .,. . 4-101 approval of by commissioners and city attorney 4-104 electrical inspectors bond. . , 5-301 electric wiring bond. . 5-301 , house moving bond. . - 5-81C license and •contract bonds 4-101 plumbing license bond. 5-407 . pool and billiard halls . 14-403 • public improvement bonds. . 4-102 . „qualification of sureties. , _ . _ - 4-101, 4-10: signatures to bonds. . , . 4-103 taxi cab bonds. 14-504 Bonds Addition, in City Limits 7-209 block 3 replatted and frontage,of lots changed 18-102 Bond Street, Vacated, part of Fourth to Front 27-236 Bonfires, Hours Permitted. . 10-107 • prohibited on certain streets and in certain districts. . .10-107, 10-109 Boundaries; of City. . 7-101 of fire limits . 11-101 of sewer districts _ _ • 24-201 to 24-225 of sewer zones. . 24-101 to 24-105 stakes or monuments fixing, removal of 15-154 Braniff & Cravens Addition, in City Limits ' 7-210, 7-211 Bristols Addition, in City Limits 7-21 Building Codes and Regulations 5-101 to 5-90f (see building code, plumbing code, electrical code, gas piping, etc.) Building Code; Buildings: addition—to frame bldg. . . 5-207 alteration—in fire limits. . 5-208 apartment—changed to. 5-208 areaways—protection . . . 5-229 area—of frame bldgs. . 5-23C automatic fire doors. . 5-22.7 ' automatic fire doors—in party wall' - 5-220 awnings—signs on • 5-232 beams—ends in wall. . . 5-219 brick veneer. . . 5-217 burners—gas or gasoline. 5-24C business—above first floor. . 5-221 canopy—over walk. • - 5-231 carrying—safety load. - 5-249 cellars—living room. . . 5-214 cellar—water in. . . 5-257 changing—use of. - - - 5-215 chimneys—construction. _ • 5-24C code. 5 202 concrete blocks—material. . 5-21C • 358 GENERAL INDEX. Building Code; Buildings (continued): Sec. condemned work . . 5-250 coping—for walls. 5-225 corbeling—for beams. .. . . 5-219 corbeling—for flues. . 5-240 . dangerous condition. . 5-252 damaged—by fire . 5-205 depth—of cellar wall. 5 211 defective flues. 5-240 derricks—over streets. 5-237 distance—from lot line. . 5-209 division walls—thickness . 5-210 doors—tire. . . 5-220 doors—opening in stairway . . 5-221 dumb waiters—walls. . . 5-225 dry rooms—construction. . . 5-245 • egress—above first floor . 5-227 elevator shafts—protected. . . 5-221 explanation--of type. . . 5-205 exit—emergency 5-220 exterior walls—hollow tile . 5-213 fee—for buildings. . . 5-203 fee--for canopies 5-232 . filling station—location. . . - 5-239 fire doors—how installed. . 5-221 fire proof—tenement houses. . 5-215 fire stops—in partitions. 5-221 fire walls—automatic doors in 5-22C fire walls—height. . 5-216 fireplaces. '5-240 • fireplace—header beams. . . - 5-241 floor—beams. 5-219 floor—opening in . 5-224 floor area—explanation 5-2.27 flues—lining 5-240 flues—distance from wood. 5-241 flues—vent. 5-245 foundation—depth of . 5-211 frame bldgs.—addition. . 5-207 frame bldgs.—damaged . 5-206 . frame bldgs.—height. . - 5-280 frame bldgs.—prohibited. . 5-204 gas or gasoline burners 5-2411 gas--connections. 5-247 glass panels—in doors • 5-221 grate—in fireplace. 5-24C • grating—over areaway. . . - 5-229 guy wire—over street. 5 237 hangers—for beams. . 5-219 hall partitions—business bldg. . 5-221 heating device—gas . 5-247 height—chimneys . _ 5-240 height—frame buildings 5-207 height—shaft walls. . - - 5-225 hollow blocks—bearing walls.. . . 5-210 hollow tile—bearing walls. . 5-218 hot water or steam pipes 5-243 inspection—monthly report. . 5 257 inspector—entering bldgs 5 250 • • } GENERAL INDEX. 1357 Building Code; Buildings (continued): Sec. inspector—power to enforce. . 5-251 iron covered sheds—in fire limits • 5-209• lath—for fire proof. . . 5-221 living quarters. 5-208 living room—hi basement. • "5-219 lights—floor: 5-224 load—of roof. . 5-213 marquees 5-231 marquees—advertisement on.'. . 5-232 _----- metal frames—fastening. . . 5-221— —• moving—in fire limits. . 5-204 moving picture—buildings used for. . 5-228 occupation—of sidewalks. . . 5-234 occupation—of streets. . . 5-236 open heating devices. . - 5-240 opening—in floors. 5-224 opening—in interior walls. . 5-22C opening—in roof. . 5-22C ordinary construction . • 5-205 party walls—thickness 5-210 parapet walls—height. ' 5-216 partition—walls. 5-216 permits—when required. . 5-201 permission—of street. . 5-238 permit- 5-254 .—when required. p' penalty—for violation: 5-255 pipe—covering. plans—when •required. • 5-253 power—to enter building. . • 5-250 protection—over sidewalks. . - 5-235 public bldgs.—above•first floor• . . 5 221 ratproofing•. 5-244 repairing—in fire limits . 5-200 remodeling—in fire limits. - .5-208 red lanterns—required. . 5 238 roof--beams. 5-219 roof—load. . • 5-213 roof—material. 5-217 roof—openings. 5-220 safety--load. 5-249 separation—beams • 5-219 sewer—gas in basement. . 5-252 sidewalk—protection 5 235 signs—attached to awnings • 5-233 skylight—over shafts . 5 223 skylight—construction. . . 5-222 slow burning—tenement houses. . 5-215 smoke stacks—construction . . 5 240 smoke stacks—near wood. . . 5-242 stair shaft—public bldgs. . • 5-221 stairways—width. 5-227 steam or hot water pipes. . 5-243 stone walls—thickness. . ' 5-219 storing gasoline—prohibited. . ' 5-239 • street—permit to obstruct. . . - . 5-234 street—use for storage. . '. • • - 5-236 test—hollow blocks. . 5-210 • test—floor construction . . - '5-212- • A • 358 GENERAL INDEX. Building Code; Buildings (concluded): Sec. test—cylinders. 5-212 tenement houses—living quarters. . . 5-214 tenement houses—height: . . 5-215 temporary sidewalks—safety of. . . 5-235 thickness of walls. . . 5-210 theatres—buildings used for. . . 5-228 thimble—flue. . . 5-240 unsanitary conditions. . . 5-252 veneer—brick 5-207 vent—flues . . . . . . . . . . . . . . . . . . . ...248 violation of code. 5-250 violation of ordinance. . , 5-252 violation—penalty for. . 5-255 walls—thickness . . . . . . . . . 5-210 walls—on lot line. . . 5-211 walls—exterior 5-2].8 walls—shaft 5 225 water—in basement . 5 252 wire glass—where required. . . 5-220 windows—in shafts. 5-223 windows—in stairways. . . 5-227 wood beams—in walls. . . 5-219. wood beams—in flues. . . 5-241 • wood supports—for flues. . . 5-240 Buildings: Signs on . . 5 601, 5-612 signs against. . 5 606 fire department cut down or remove 9-109 Building Inspector (see Building, Plumbing and Electrical Codes): appointment; authority; bond; duties. . . .5-101, 5-102, 5-104, 5-30] enforce building ordinance. 5 251 enter buildings . 5-250, 5-302 ex-officio; electrical inspector . 5-201•license inspector. . . 14-629, 14-716 plumbing inspector. . . 5 402 • fees; buildings. 5-203 canopies. 5 232 electric wiring. . . - 5-331 gas piping 5-512 house moving. . . 5-801 plumbing signs . 5 403 fire chief, duties former) 5-602 Y performed by 5-105 gas piping 5-501. to 5-51.1 house moving. 5-801 to 5-81] inspect building to be moved • 5-802 inspect plans . 5-253 monthly reports 5-257 office created powers of inspector . 5-10] qualifications. . 5 104 signs ' 5 101 wires in streets. 5-G01 to 5-612 Burners, Gas or Gasoline . 5-904 Busses and Stages; Licenses 5-216 application for license. 14-701, 14-719 busses defined. . 14-703 change in schedules. . 4-701. drivers' names posted . . 14.,709 14-711 • • GENERAL INDEX. 351) Busses and Stages; Licenses (concluded): Sec. fees for licenses. 14-705 inspection of busses, approval . - 14-716 • license required . 14-702 load and unload at designated points 14-713 operating after license revoked 14-714 operating without license. 14-717 railroad crossings; required to stop 14-712 schedule of fares posted - 14-70E vehicles inspected. . . 14-716 C • Cabarets; Board of Public Welfare to Supervise; Permit. .3-104, 3-103 Cabs; Licenses for. . 14-501 to 14-522, 14-601 to 14-631 stands, police chief to designate 14-513 Calkins Addition, In City Limits • 7-202 Carnival and Amusement Companies, Licenses. . . ... . . .14-201 to 14-205 Carrolls Addition; in City Limits 7-213 • Cattle (see index under Cows; Milk): . impounded . 1-202, 1-205 picketed in streets. . . 1-207 running at large. . 1-204 slabghter of. May 1st to November 1st 1-212 trespassing on sidewalks or private grounds _ 1-215 Cemetery Board. 6-701 to 6-703 Center Street; Opened Fourth to Kenwood 26-105 • Cess Pools; Connected with Sewers Prohibited 24-302 prohibited. . 20-214 when permitted . 5-488 Chicago Addition, in City Limits 7-214 Chicago, Kansas & Nebraska Ry. Co. (Rock Island): rights of way. 23-104 to 23-111 land appropriated for use, of ' '23-101 to 23-104 Chicago, Kansas & Western Ry. Co. (Santa Fe): rights of way . 23 204 to 23-214 -land appropriated for use of 23-201 to 23-203 Chicago, Rock Island & Pacific Ry. Co.: rights of way. . . 23-301, 23-302 see Chicago, Kansas & Nebraska Ry. Co. 23-101 to 23-111 contract with city and Mo. Pac. Ry. Co. relating to Union Station. 23-1004 conveyances of land for Union Station purposes. . 23-1006, 23-1009, 23-1010 Chief of Police (see City Officers, Police Dept.). Chimneys; construction of. . 5-240 liable to cause fire prohibited 10-118 fire chief may condemn. . 10-115 brick required. . 15-110 Cigarettes or Cigarette Papers; Furnishing to Minors 15-134 sale, giving away or possession for sale 15-112, 15-113 use of by minors. . - 15-133 Circuses, License. I 14-112 Creditors Sales, Licenses. . 14-13S Cisterns, Connection with Sewers Prohibited • 24-307 City Hall and Fire Station Property, Acquired - - - 8-101 City Limits; Defined and Established 7-101 ordinances extending limits. . 7-201 to 7-287 City Officers and Employees• - I 6-101 to 6-703 board of commissioners; duties , appoint city manager. . 6-10P • • • 380 GENERAL INDEX. City Officers and Employees (continued): - Sec. approve bonds . . . 4-104 approve plats. . . 6-406 election of . . . 6-111 to 6-114, 6-101 references to council or committees 6-201 building inspector (see index under building inspector) bookkeeper; salary. . 6-30i' building custodian; salary. . 6-302 care-taker city dump; salary 6-219, 6-302 • chief of police (see police department) appointment and duties. . G-105 assistant chief, salary. 6-307 call on citizens for assistance 19-112, 19-113 • enforce ordinances and penal laws 19-105 miter houses. . 19-10E keep account of monies 19-10? salary. . 6-307 wear badge. . 19-109 city attorney, appointment and duties 6-104 approve bonds. . . 4-104 additional duties. . . 6-210 to 6-212 salary. G-304 city clerk, duties and bond 6-103, 6-202 to 6-204 salary - 6-302 city engineer, appointment and duties 6-10C establish. grades. . 26-804, 26-80: establish grades for street railway 22-309 make contour map of city 26-802 office combined with sanitary and health officer 6-214 prepare plans and specifications for sidewalks 25-105 for cutting curb for driveways 26-202 salary - 6-302 city manager; appointment, duties and bond - 6-102 salary. . 6-302 city mechanic, appointment and salary 6-216. 6-310 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 6-103 bonds, deposits and additional duties 6-205 to G-209 salary 6-302 department of finance. 6-103 department of law. , • 6-104 department of public safety 6-105 department of public service 6-106 election of commissioners 6-111 to 6-114 electrical inspector, appointment, duties and bond 5-401, 5-302 (see electrical code, building inspector) fire' department (see index under fire department) 6-105 salaries. 6-308 inspectors, rod men and etc 6-106 night firemen at city hall 6-218- other officers and departments - 6-107, 6-108 police department (see index under police department) salaries • police judge, appointment. duties and bond 6-104 - 6-104 salary. . 6-305 absence of justice of the peace, act 6-305 GENERAI. INDEX. 381 City Officers and Employees (concluded): Sec. plumbing inspector (see plumbing code) • 5-402 sanitary and health officer (see public health) 6-107 office combined with city engineer 6-214 salary 6-302 stenographers and clerical assistants; salary 6-103, 6-303 superintendent of parks; duties and salary 6-107, 6-302 superintendent of streets; appointment and ',duties 6-106, 6-215 salary 6-303 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 8-108 city hall and fire station 8-101 dump ground. . 8-102 Fifth Street lots. 8-106 library property. . . 8-108 Memorial Hall. . . 8-107 voting booth property. . 8-103 to 8-105 Clairvoyants, Licenses. 14-119 College Avenue; Opened, in Morrison's 3rd Addition 26-106 vacated. Grand Avenue to Union Pacific tracks 27-202 College View Addition, in City Limits 7-215 . Concealed Weapons, Carrying. . . 15-166 Concerts; Licenses. 14-113 Cones; Ice Cream Vendors, Licenses 14-156 Connections; Drain Pipes. 5_437 Lead (see plumbing code) 5-418, 5-419, 5-461 with sewers required. . 20-204 Convention Hall; special permit for 5-908 Cows (see index under cattle and under milk and dairy products) Crossings; Railroad; maintenance and construction of 26-401 obstructing streets with cars or trains 15-146 vehicles obey stop signals 15-147 Cruelty to Animals. . 15-103 Curbing; cutting for driveways - 26-201 vehicles not to cross 29-105 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 5-801 • I) Dairy Barns and Dairies 20-101 to 20-130 Dances; Board of Public Welfare to Supervise 3-103, 3-104 regulation by board of public welfare 3-201 to 3-212 disorderly conduct at. 3-206 in connection with carnivals prohibited 14-203 license fees 14-301 public dance defined. . 14-304 on Sunday, nuisance. . 14-305 Dance Halls (see Dances) 3-103, 3-201 to 3-212 owner notify police and welfare board of dances - 3-205 Depot Addition, in City Limits 7-202 Depots; Soliciting by Taxi Drivers Prohibited 15-170 • 302 GENERAL INDEX. Sec. Dentists, Itinerant; Licenses. 14-111: Derricks Over Streets. . 5-237 Derringtons Addition, in City Limits 7-211 Detention Hospital for Venereal Diseases 20-309 Dikes 13-101 to 13-103 Dirt; Hauling Over Streets 26-211 Diseased Animals: Driving Through. Streets 15-161 sale of milk from 15-1.18, 20-120 Diseases (see Public Health). Disorderly Assembly. 15-140 Disorderly Conduct; In General . . 15-114 at dances. . . 3-206 at fires. . 9-114 in pool and billiard halls . " 14-407 Distillate and Fuel Oil Tanks 10-201 Disturbing the Peace. 15-115 Doctors; Itinerant; Licenses. 14-116 Dog and Pony Shows, Licenses 14-112 Dogs .. . . . . . . . . . 1-101 to 1-110 • at large after mayors proclamation " 1-101 entering buildings prohibited . 1-109 impounded, killed. . 1-108 license. . . 1-107 mad dogs, mayor to issue.proclamation 1-101 marshal"kill dogs after proclamation 1-102 registration 1-137 . running at large, nuisance. 1-106 vicious, harboring. . 1r104 vicious, killed by marshal 1-105 Downspouts to Alleys and Streets 5-901 direct into alley or street, prohibited 5 902 Drivers of Vehicles: age required. . 29-111 defined. 29-102 '_ intoxicated person driving. . 29-1,11 obey traffic rules. . • 29-101 stop and give.name and address 29-111 Drivers of Public Vehicles: convicted of speeding, driving prohibited 14-520 drivers name posted. 14-617, 14-711 driving after license revoked 14-627 driving while intoxicated. . 14-619 keep clean. 14-615 license required. . . • 14-616 license revoked. . . 14-624, 14-626 misinforming•persons. 14-511 permitting use of vehicle for immoral purposes 14-623, 14-625 soliciting at depots, prohibited 1.5-170 wear badge. . 14-508, 14-617 Drays, License for. . . . 14-501 Driveways, Cutting Curb for 26-201, 26-204 vehicles entering or emerging from 29-218, 29-219 wooden culverts prohibited. - 26-216 Drug Stores; Dances or Entertainments in 3-103 Drugs, Narcotic; Possession and Sale Prohibited 15-401 to 15-404 Dump Ground, Property Acquired 8-102 care taker, appointment and salary 6-219, 6-202 Dynamite, Storing Prohibited. 10-12: GENERAL INDEX. 363 • E Sec. East Gardens Addition, in City Limits • 7-217 Eberhardts Addition, in City Limits • 7-218 Election of Commissioners. 6-111 to 6-114 Electrical Code. 5-301 to 5-33E alteration or changing. . 5-328 armored cable. . . 5-322 bath room lights. . 5-320 hoard--meter 5-321 bond and license. . 5-30G code 5-309 ceiling—low. 5-315 conduit 5-316 circuits. 5-319 concealed wiring. - 5-327 covering wiring before inspected 5-327 changing or alterations. . 5-328 defective wiring. . . 5-318 entering buildings. . . 5-302 ' entrance service. . 5-31C enforcement of ordinance. . . 5-331 fire--in case of. . 5-305 fees and permits. . 5-307 header boards. . . 5-321 inspection. 5-32 t inspectors duty. . . 5-301 in case of fire. . 5-305 license and bond. _ 5-306 location of meter. . 5-319 low ceilings . 5-315 meter location. 5-314, 5-335 meter board. . . 5-321 metal raceway. . . 5-316 motor switch. 5-317 notice of inspection. . 5-329 outlets on circuit. . 5-315 - outlet headers. . . 5-321 permit and fees. . 5-307 pannel boxes. , . 5-312 plug outlets. . . 5-323 penalty . 5-332 receptacle outlets. . 5-325 release of responsibility. . 5-330 special designs . . . 5-304 service entrance. . . 5-310 service switch. 5-311 switches—motor . . 5-317 switches—bath room. . 5-326 selling meter. . . 5-32c size of wire. . • 5-325 wires over street. . • 5-30: wiring—defective 5-318 watts—per circuit.-. . 5-319 wire—size. - 5-325 wires—interfering with firemen. . 5-326 when inspection required 5-329 Electrical Inspector (see Electrical Code) 5-301 to 4-335 wires in streets. . 5-905 Electric Light Franchise and Rates (see public utilities) 22-101 • • • 364 GENERAL INDEX. ' Sec. Eleventh Street; Opened, Washington to Prescott 27-121 opened, Crawford to Republic 27-132 Eleventh Street, Vacated, Part of, Elm to Park 27-241 vacated, Union Pacific tracks to North Street 27-249 vacated, North of Bishop Street 27-257 Elmdale Addition, in City Limits 7-220 Elm Street; Opened, Front Street to river 27-107 at intersection of Eleventh 27-108 Entertainments; Welfare Board Supervise . 3-103, 3-109 Episcopal Military Institute Addition, in City Limits 7-219 Ernest and Rhodes Addition, in City Limits 7-221 Escape from Officers; Misdemeanor 15-168 aiding or abetting. 15-169 Excavations (see Streets and Alleys). Exits, Emergency. . 5-220 Explosives, How Stored. . 10-122 Exposure of Person. . - 15-114 Express Wagons, License. . 14-501 - b Fares; Busses or Stages 14-703, 14-708 street cars 22-206 taxi cabs. . . 14-605 to 14-608 refusal to pay taxi fare 14-620 Faulkner Street; Name Changed to Twelfth Street 26-703 opened, Iron to 200 feet south 27-103 Fees (see Licenses;' Building Inspector). Fifth Street; House Moving on Certain Portions Prohibited 5-804 lot 124 and part of 126, acquired by city 8-106 opened; from Bond south 114.63 ft. 27-123 Prescott to Crawford. . 27-124 Crawford to Bond. . 27-125 vacated, at intersection with Union Pacific 27-242 Filling Stations; Location of 5-239 • curb stations in fire limits 10-212 curb stations outside fire limits 10-213 Filth in Streets. . 15-162 Fire; Building Cut Down or Removed 9-109 electric wiring cut. . 5-305 Fire Alarm; Breaking or Cutting Wires - 10-115 false alarm; penalty. . 10-119 members of fire department report 9-103 placing other wires near fire alarm wires 10-116 Fire Apparatus; Right of Way in Streets 29-110 through processions. . 29-119 Fire Arms; Discharging in City 15-119 carrying concealed . 15-166 Fire Crackers and Fire Works; Prohibited in Parts of City 15-120 Fire Hose; Driving Over . 15-122 Fire Chief (see Fire Department) 9-101 adopt measures for fire prevention 10-101 approve route of house moving . . 5-802 command at fires. 9-106 condemn chimneys. . . 10-118 enforce ordinances. . 10-105 examine premises, chimneys, schools, factories, theatres, hotels . . . . . . . . . . . . . . . .10-103, 10-104 • GENERAL INDEX. • 36G Fire Chief (concluded): Sec. make and enforce rules 9-104 obstructing or hindering 9-106 order removal of combustibles or repair of property 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 6-303 suspend employees. . 9-105 watch and inspect alleys and lots 10-102 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; report at -fire alarm -9-103 right of way in streets; sound gong ! 10-106, 29-110 rules 9-104, 9-105 salaries. . . 6-308 taking property of, penalty 9-111 two platoons; hours of service 9-102 Fire Doors; Automatic, How Installed i - 5-221, 5-227 Fire Extinguishers; Required at Theatres 10-103 Fire Guard; Police Constitute 9-110 Fire Hyrdants; Opening, Meddling with ! 15-144 obstructing. . '1.0-106A parking within 10 feet of . . 29-107 Fire Limits; Defined. . 11-101 buildings in, construction and alteration 11-102 buildings in fire district numbers 2 and 3 11-103, 11-10c curb filling stations in; outside of 10-212, 10-213 districts numbers 2 and 3 defined 11-103, 11-1.09 frame building in. . . ! 5-204, 5-206 outside of limits. 5-207 additions to 5-208 iron covered sheds in 5-209 moving buildings into . 5-209 storing hay or other combustibles in • 10-111, 10-120 Fireplaces . . . 5-240, 5-241 Fire Prevention, Ordinances Relating to 10-101 to 10-214 Fire Walls; Height, Automatic Doors 5 216, 5-22C - Firemen (see Fire Department). Firemen's Relief Association. . 12-101 to 12-106 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, 20-119 milk diluted or from diseased animals 15-118, 20-120 Fourth Street; Vacated, part of, Crawford to Bond '27-240 Frame Buildings (see Building Code). Franchises (see Public Utilities). Franklin Street; Opened, Sherman to Ninth 29-110 Front Street; Opened, Walnut to Mulberry 27-111 Front Street; Opened, Sherman to Ninth 27-112 Fruits; Hawkers and Peddlers of, License 14-122 stealing; misdemeanor. 15-157 Fruitland Addition, in City Limits 7-222 • • • 366 • GENERAL INDEX. G Sec. Gambling. 15-123 to 15-125 in connection with 'carnival and amusement companies 14-203 Gambling House; Letting Premises for 15-123 keeping or maintaining. . 15-124 police authorized to enter • 15-124 , ' Games of Chance or Skill 15-125 Garages; Drains in. . 5-454, 5-483 Garbage; Collected and Removed 28-104 • ground floor occupant responsible for 28-103 metal receptacles required. . • 28-104 on private premises. . - 28-102 on lots, etc., nuisance. . - 28-108 • notice to owner, abatement . . 28-109 placing in sewers. . 24-302 placing in streets, •alleys; lots, etc 28-101 Gas Burners. 5 246, 5-247 brackets 5 506 flexible connections and rubber tubing prohibited 5-470, 5-510 vents to flue. " 5-510 water heater vents. . • . • 5-450 Gas Franchise, Rates, etc. (see Public Utilities). Gad Pipes; Taking or Tampering with • 26-601, 26-602 Gas Piping. . . . . - 5-501 to 5-514 • installed according to ordinance. . 5-502 , inspection .. 5-502, 5-503 permit required • . 5 505 Gas Service Pipes; Laid Prior to' Paving • 26-301 to 26-304 Gasoline; Burners. . . 5-246 curb filling stations. . - 10-212, 10-213 filling stations 5-239 sales on streets prohibited 10-210 storing prohibited 5-23; tanks, construction of 10-201 to 10-210 Geis Addition, in City Limits 7-223 1 Glennifer Hill Addition, in City Limits. .'. . .'.'. .' 7-224 Goats: Running at Large Impounded 1-204, 1-205 Grades; Ordinance Relating to 26-801 to 26-806 bench marks, established 26-801 city engineer to establish' . . • 26-803, 26-801 city engineer to establish for street railways • 22-309 removal of stakes or monuments established 15 154 • street railway tracks level with - 23-313 Grates, in Fireplaces . 5-240 Grounds of Kansas Wesleyan University, in City Limits 7-225 Gun Powder; Storing of, Permits 10-122, 10-123 Guns; BB Prohibited. 15 107 blank cartridges, prohibited . '15-101 carrying concealed. . . - • 15-166 discharging in city. . 15 119 parents permitting BB guns 15 109 Guy Wires Over Streets 5-237 Gypsum Hill Cemetery. . 6-701 to•6-703 H Hawkers and Peddlers, License 14-122 Hay; Stacking in Certain Districts, Prohibited 10-111 stacking within 500 feet of fire limits 10-120 GENERAL INDEX. 367 Sec. Hacks, Licenses for. . 14-501 Health (see Public Health). Heating Devices. . 5-247 Highland Court Park. . 17-401 Hoffa's Addition, in City Limits 7-226 Hoffa Street; Vacated in Wells Addition 27-203 Hogs; Running at Large, Impounded I 1-204, 1-205 slaughter of, May 1st to November 1st , 1-212 feeding in city. . 15-104 Hollands Addition, in City Limits 7-229 Hope Street; Vacated, Third to Fourth Street 27-204 Horn; on Vehicle Required 29-122 like fire department, prohibited 29-223 horses; Hitching to Trees 115-164 picketing in streets. . 1-201 running at large, impounded - 1-202 to 1-205 trespassing on sidewalks or private grounds - 1-215 standing unhitched. . . • 29-105 Hose, Driving Over. . 15-122 Hopping on Railroad Cars 15-145 on street cars. . 29-105 Hydrants, Opening or Meddling with 15-144 Hotels; Dances or Entertainments in. Permits 3-103. 3-104 fire chief to inspect 10-103, 10-109 Hot Water Pipes. . 5-243 House Moving; Application for Permit 5-801 city clerk issue permit 5 402 bond required. . . 5-801 curb line, not to extend over 5-807 inspection of building required. . 5-802 removal of wires. . 5-803 route approval by fire chief 5-802 signals in streets required 5 805, 5-806 streets, moving along certain prohibited 5-804,_5-805 trees; trimming of, supervision of, ,responsibility 5-808 violation of ordinance, penalty . - 5-809 House Numbering. 26-601 to 26-607 Hudsons Addition, in City Limits 7-227 Hugger and Bishops Reserve, in City Limits 7-202 Hughes Addition, in City Limits 7-230 Hutchinson's Addition, in City Limits . . 7-231 I Ice Cream Cone Vendors, Licenses 14-15C Ice; Removal from Sidewalks . . 15-152 Inimoral Conduct- 15-201 to 15-215 inmate of house of ill fame 15-204, 15-205 houses of prostitution or ill fame 15-201 to 15-207 occupying room for immoral purposes 15-213 procurers or pimps. . 15 209 to 1.5-212 soliciting on streets. 15-208 transporting persons for. 15-214, 15-215 Indecent Language. . 15-114 Injuring or Defacing Property 15-142 on public streets. . 15-143 •Insurance; Taxi Cabs to Carry 15-505 companies and agents; licenses 14-123 Intoxication, misdemeanor. . 15-11c 308 GENERAL INDEX. Sec. Inspector; Buildings. 5-101, 5-602, 5-701, 5-802 electrical. . . . 5-301, 5-905 license a 14-629, 14-716 plumbing 5-902, 5-501 Intoxicated Persons. . 15-116 driving motor cars. 29-111 driving taxi-cabs. . . 14-619 Intoxicating Liquor . . . 15-301 to 15-322 common nuisance. . - 15-306 club rooms where liquor is sold 15-305 definition of. . . 15-303 destruction of . . . 15-309 giving away. . . 15-309 sale or barter of 15-301 search warrants. 15 307 seizure of liquor. . 15 308 possession of. . 15 134 transportation of. . . 15-315 receiving from others. . 15 315 manufacture of . . . 15-322 J Johnstown Avenue, Open Kansas to Oakdale 27-113 Jones' Addition, in City Limits 7-202 Junk Dealers; Licenses and Regulations 14-801 to 14-811 additional wagons. . . 14-806 • Junk defined. . 14-802 premises kept clean. . 14-804 sales within 48 hours prohibited 14-808 • K , Kan. & Colo. Railroad Co.; (Mo. Pac.) rights of way. .23-401 to 23-405 Kan. & Colo. Pac. Ry. Co.; (Mo. Pac.) rights of way. . .23-501 to 23-515 contract relating to sewer over and across rights of way at Elm Street 24-406 Kansas Wesleyan Univ. Grounds; the add'n to, in City Limits. . . .7-232 Kansas Wesleyan Univ.; Grounds of, in City Limits 7-233 Kenwood Park: acquired by city. . 17-101 to 17-107 in city limits. 7-234 free use of track by Agricultural Assn 17-311 Ii Later Sewer District (see Sewer Districts). ` Leavenworth Addition,- in City Limits 7-235 Levees and Dikes. .i . 13-101 to 13-103 Lincoln Avenue; Vacated, in.Calkins' Addition 27-205 Library Board. . 6-601 to 6-605 creation of board; members G-601 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 15-128 failure to return books 15-127 , stealing books, etc., from - 15-126 GENERAL INDEX. 369 Liquors (see Intoxicating Liquors). Sec. License Bonds. . . . 4-101 approval of. . . 4-109 • electric wiring. . . 5-30C plumbing 5-407 house. moving. . . 5-810 License Inspector. . 14-629, 14-716 Licenses; in General. . I 14-101 to 14-811 agents; itinerant, sales on streets 14-121 insurance. . 14-123 . applications for. 14-148, 14,202, 14-402, 14-603 amount of fees for 14-104 amusement companies, . 14-201 amusement parks. . . 14-207 astrologists. . - 14-113 • assignments prohibited.. . 14-101, 14-149, 14-154, 14-210 auctioneers . . . 14-105 auction rooms. . . 14-106 • auction sales. . 14-107 auction stands . 14-108, 14-151 to 14-155 bankrupt sales. . , 14-139 . billiard halls and tables . . 14-401 to 14-411 bowling alleys. . 14-109 busses and stages. 14-701 to 14-709 canvassers I 14-110 carnival and amusement companies 14-201, 14-211 • circuses, menageries, etc. 14-112 clairvoyants . 14-119 clerk to issue . . . 14-147 concerts ' 14-113 corn doctors. 14-114 cones, ice cream, vendors . 14-156 creditors sales. 14-139 dances 14-301 to 14-306 dentists, itinerant. • 14-116 doctors, etc., itinerant. I 14-116 dog and pony shows 14-112 dogs 1-107 'drays. 14-501 drivers of taxi cabs 14-616 electric wiring. 5-306 expiration of. 14-149 express companies. . . 14-117 • express wagons. . 14-501 fire sales. . . 14-139 fortune tellers. . . 14-11" freaks 14-11211 free lectures. . 14-118 fruits, etc., hawkers and peddlers of 14-122 future delivery orders. . 14-130 gift enterprises. . 14-12C goods soliciting. 14-121 hawkers and peddlers, . - 14-122 hacks 14-501 ice cream cone vendors 14-156 insurance companies; agents. . 14-123 itinerant: doctors, dentists, oculists, etc - 14-110 peddlers 14-13 4 photographers. 14-136 • vendors of patent medicines 14-124 • 370 GENERAL INDEX. • Licenses; in General (concluded): Sec. junk dealers. 14-801 to 14-811 lightning rod agents. . _ 14-125 lunch stands, street. . 14-137 menageries . 14-112 merchandise, hawkers and vendors of . 14-122 merry go rounds. 14-12'i • milk 20-102 mind readers. . 14-112 minstrels . . . . .. . . . . . . . . 14-1122 moving picture shows. . 14-128, 14-129 museums 14-127 negro minstrels. . 14-112F nickelodeons . 14-128 oculists, itinerant. . . - 14-116 opera houses. . 14-129 opticians, itinerant. . . 14-111 orders, future delivery. 14-13t palmists 14-11!. patent medicines; free lectures 14-119 vendors of. . . - 14-125 patent rights. . . '14-131 parades, street. 14-143 pawn brokers. . . 14-135 phrenologists. . 14-119 photographers, itinerant. . _ 14-137 peddlers; fruit, merchandise, .etc. . . 14-122 clothing, etc. . 14-133 - transient or itinerant . . 14-134 penny arcades. . 14-130 plumbing. 5-407 pool halls and tables 14-401 to 14-411 pop corn and peanut stands 14-137 public dances. . _ .3-204, 14-301 to 14-306 public vehicles. . . 14-501 to 14-522 stages and busses. 14-701 to 14-719 taxi-cabs . - 14-601 to 14-631 sidewalk stands . . 14-137, 14-146, 14-158 street stands . . 14-138, 14-146, 14-158 street vendors. . 14-144 summer theaters. . . 14-145 • taxi-cabs 14-501 to .14-522, 14-601, 14-631 taxi-cab drivers . 14-610 telescopes . . . . . . . . . . . . . . . . . . . 14-119 tent- shows. . . 14-208 theaters 14-129 summer . . . . 14-145 tight rope performances. . 14-112F trained animals. . . 14-112F vendors; ice cream .cone 14-11 6 itinerant - 14-121, 14-134 patent' medicines . . 14-124 street 14-144 vegetables; hawkers and peddlers of 14-122 violation of ordinance, penalty . . 14-150 wild west shows. . 14-112 Light and Gas (for rates, franchise, etc.) see 22-101 to 22-125 Lid's Addition, in City Limits . 7-236 Lincoln Ave.; Name of Pacific St. Changed to 26-706 Litter and Trash; Removal and Burning of 10-102 disposal in general. 28-101 • • • • GENERAL INDEX. 371 Sec. Living Quarters; In Basements 5-214 in frame buildings. 5-207 Logan Addition, in ,City. Limits 7-237 Loitering; in Public Places, Vagrancy 15-165 . in post office. 15-139 • minors; in pool halls 14-409 on streets. . 15-131 Lunch Stands, Street, Licenses 14-137 l.unkenheimer's Addition, in City Limits 7-23E M Mad Dogs. . 1-101 Manholes, Breaking. . 24-302 Maple Grove Addition, in City Limits 7-239 Marquees, Construction Regulated. . 5-231, 5-232 Mayor (see City Officers): call on citizens to assist, police 19-112, 19-113 offer reward; violation of ordinance 15-101 proclamation;• danger from mad dogs - 1-101 Magazines; Immoral or Obscene Publications 15-139 Medicines, Distributing or Throwing Samples 15-135 Memorial Hall; Property Acquired 8-107 trustees . - 6-501 to G-504 Merchandise; Hawkers and Peddlers of, License 14-122 Merry go Round; Operation on Sundays, Prohibited - 14-126 Meters, Electric. . . 5 314, 5-321, 5-335 tampering with. . 22-601 Military Addition, in City Limits - 7-240 Milk and Dairy Products 20-121 to 20-128 bacterial and chemical analysis 20-126 certificates revoked. . . - 20-119 cooling 20-116 cows; registered.. . . 20-103, 20-105 tested for tuberculosis. 20-106 date on caps, pasteurized milk 20-1-L2 dealers to register. . 20-102 definition of milk, cream and ice cream 20-107 delivery. . - 20-116 sealed receptacles. . . 20-117 delivery wagons, signs on 20-124 diluted milk. ' 20-109, 20-11` dirt or sediment in 20-109 diseased animals„ milk from 20-120, 15-113 diseases in families, sale stopped 20-122 hotels, restaurants, etc. . . 20-115 inspection of premises. . 20-119 list of producers furnished by dairy 20-123 pasteurized milk. '20-110 to 20-112 pasteurizing, plants . 20-111 premises; inspected, kept clean 20-119, 20-120 producers; register cows. - 20-1.02, 20-103 list of, furnished by. dairies 20-123 receptacles;, sterilized. . . • 20-116, 20-118 delivery in, sealed. . 20-117 registration required. . 20-102, 20-105 route sheets furnished by dairies 20-125 rules of commissioner and health •officer• 20-127 • • • • 372 GENERAL INDEX. • Milk and Dairy Products (concluded): Sec. sanitary and health officer, duties 20-101, 20-126 signs on delivery wagons 20-124 temperature of milk. . 20-113 unwholesome or unfit products 20-114, 15-117 • violation of ordinance . 20-128 whipping cream :0-10,S Minors; Congregating or Loitering. in Pool Halls 14-409 under 19, playing in pool halls 14-403, •14-401' loitering or playing in streets • 15-130 using cigarettes or tobacco ' 15-133 furnishing cigarettes or tobacco to 15-134 permitting minors to frequent premises to use tobacco 15-134 Misdemeanors and Offenses; in General 15-101 to 15-174 animals; curelty to . . 15 103 carcasses, in or through streets 15-161 dead; placing in sewers, in streets 15 162, 24-302 diseased; selling milk from 15115, 20-120 picketing in streel.s, etc 1-201 to 1-203 running at large. 1-206 slaughter May 1st to November 1st 1-212 slaughter houses, prohibited. . 1-211, 1-213 trespassing on private grounds or sidewalks 1-215 alleys; placing earth rubbish, etc. in 15-160 • amusements, permit from welfare board • 3-103, 3-104 amusement companies; violation of license ordinance 14-205 amusement parks, violation of license ordinance 14-211 aiding pr abetting an escape 15-169 ashes; storing. . 10-121 hauling over streets. 26-211 assault and battery. . 15-105 awnings, wooden, prohibited. 15-167 barns, lighting matches in - 10-113 barriers protecting excavations, removal of. . . .26-115, 26-116, 26-205 bathing in Smoky Hill River 15-150 • bawdy house. . 15-201 to 15-207 BB guns prohibited; parent or guardian permitting. . . .15-107, 15-105 betting 15-125 bill boards, erected without permit 15-702 bills on poles, tearing down 15-136, 15-137 • bicycles, on sidewalks, etc. (see bicycles; traffic rules) 29-105 blank cartridge pistols prohibited 15-106, 15-120 bonfires; hours, districts. . 10-107, 10-109 boiling pitch and tar 10-107 books; belonging to library, cutting, failing to return, or stealing. . . 15 126 to 15-128 boundaries; removal of stakes or monuments establishing 15-15• building code, violation of - , 5 255 busses or stages; violation of license ordinance 14-701 to 14-715 busses; operating without license 14-717 stop before crossing railroad tracks 14-712 operating after license revoked 14-71.4 cabs, driver misinforming persons 15-511 cars; hopping on. . 15-145, 29-105'' carcasses of animals, hauling through streets 15-161 cattle; picketing, running at large 1-201, 1-204 slaughter of, May 1st to November 1st 1-211 cellars, lighting matches in . 10-113 coss pools; prohibited. . - 5-435, '20414 • • ' . GENERAL INDEX. 373 • Misdemeanors and Offenses (continued): Sec. connecting with sewer. 24-302 chimneys; liable to cause fire, prohibited 10-118 brick required (see building code) , 15-110, 15-111 cigarettes or cigarette papers; sale or giving away 15 112 furnishing to minors. 15-139 minors smoking or using 15-133 cisterns, connected with sewers 24-302 combustible material; failure to remove 10-101, 10-102, 10-108 slacking or exposing: 10-111 concealed weapons, carrying . 15-l6G• • crossings, railroad; busses and stages stop - 19-712 obey stop signals at 15-147 obstructing with cars or trains - 15-146 • cruelty to animals. 15-103 curb filling stations . . 10-212, 10-213 curbs, driving across. 29-105 cut out open, driving with 29-123 • dances; without permit (see dances) 3-211 in connection with carnivals, prohibited 14-203 on Sundays, prohibited. . - 14-305, 14-306 dead animals; carcasses through streets 15-161 depositing in streets. 15-162 placing in sewers. . 24-302 decayed food, selling. 15-117 defacing or injuring property 15-142 on public streets. 15-143 diluted milk. 15-118, 20-103 dirt; hauling over streets 26-211 diseased animals; selling milk from 15-118, 20-120 driving through streets 15-160 diseases; infectious, spreading. . 20-203 failure to post signs 20-204 venereal, violation of restrictions 20-301, 20-319 disorderly assembly. . 15,149 disorderly conduct. 15-11.9 at dances. 3-2,06 at fires. 9-114 ' in pool and billiard halls 14-407 displaying stallion or jack on streets 15-155 • disturbing the peace. . 15-115 dogs; at large after mayor's proclamation 1-102- harboring vicious • 1-109 entering buildings, stores, theatres, etc 1-11C down spouts, direct into alley or street 5-903 driving, over fire hose , 15-122 driving while intoxicated. . 29-111 drivers of vehicles; age of 29-111 drivers of public vehicles (see general index, drivers). driving while intoxicated. . . .1.4-619, 29-111 . convicted of speeding; not to drive 14-520 misinforming persons. . . - 14-511 soliciting at depots. • 15-170 drugs; narcotic, possession and sale of prohibited. . .15-401 to 15-405 , drunkenness . 15-116 earth, rubbish, etc., in streets and alleys • 15-16C hauling over streets. 26-211 electric current; taking by means of unlawful device 22-602 ' electric wires, tampering with 22-601 • • 374 GENERAL INDEX. . Misdemeanors and Offenses (continued): Sec. electrical code, violation of 15-332 encroaching on streets or sidewalks 15-161 escaping from officers. . 15-16£ aiding or abetting in escape 15-161 excavations in streets; violation of ordinance 26-113, 26-117 explosives; storing, prohibited . . 10-122 exposure of person. 15-114 false fire alarms. . 10-119 feeding hogs in city 15-104 filth, in streets. . 15-162 fire alarm system; breaking or cutting 10-115 placing wires within ten inches of 10-116 fire arms, discharging in city 15-119 Lire chief; persons refusing to obey 9-114, 9-115 fire crackers and fire works prohibited in portion of city 15-120 fire department; refusing to aid 9-112 right of way in streets - 10-106 taking property of. . 9-112 fire hose, driving over 15-122 fire hazards; accumulation of trash, etc 10-102 removal of 10-101, 10-108 fire hydrants, obstructing. 10-106A firemen; obstructing or hindering 9-106, 9-114 refusing to do duty 9-111 fires; disorderly conduct at 9-114 flush tanks, breaking. 24-302 food; selling decayed or unwholesome 15-117 selling diluted milk or milk from diseased animals 15-113, 20-109, 20-120 fruit; stealing. 15-157 gambling and gaming. . 15-123 to 15-125 house; letting premises for 15-123 keeping or maintaining house 15-129 police authorized to enter 15-124 • reputation as evidence. . 15-129 gambling devices in connection with carnivals 19-202 • ' games of chance. 15-125 garbage; placing in sewers 24-301' disposal, violation 23-105 gas; taking by unlawful device 22-602 gas pipes, tampering with 22-601 gas piping ordinance, violation of - 5-513 gasoline; sale in streets, prohibited 10-21C curb filling stations, prohibited 10-212, 10-213 tanks, construction of, violation . . , 10-201 goats, running at large 1-204 grades; stakes establishing, destruction of 15-15' guns; BB prohibited. . 15-107 parents permitting. . . 15-109 discharging in city. . 15-119 carrying concealed. . 15-166 gun powder; storing, prohibited 10-122 gutters; connected with sewers . . 24-302 hauling stone, coal, rubbish, etc., over streets 26-207 hay; stacking in certain districts 10-111, 10-120 hedge fences along streets and alleys 26-209 hogs; running at large 1-204 feeding in city. . 15-104 • GENERAL INDEX. • 373 Misdemeanors and Offenses (continued): ' Sec. slaughter of, May 1st to November 1st 1-212 hopping railroad cars; street cars 15-145, 29-105 horses;.picketing in streets, running at large 1-201 to 1-204 hitching to trees. . 15-194 standing unhitched. 29-105. hose, driving over. 15-122• house; gambling. 15-123, 15-124 of' ill fame; prostitution 15-201 to*15-207 house moving, violation of ordinance 15-319 hydrants, fire; parking within 10 feet of 29-10'i. opening of, meddling with 15-144 obstructing. 10-10da ' ice, removal from sidewalks . . 15-132 immoral conduct. - • 15-201 to 15-21C publications devoted to s 15-139 immoral purposes; using taxi-cab for. 14-623, 14-625. 15-214, 15-215 occupying room for . 15-212 infectious diseases; spreading. 20-203 failing to post signs 20-204 indecent exposure . . . 15 114 indecent language. . . 15-114 indecent literature. . . • 15-131d injuring trees . 15-164 injuring or defacing property 15-141 on public streets . 15-143 insurance; operating taxi-cab without • 14-604 interfering with railroad property • • 15-1.45 intoxication - 15-116 intoxicating liquor (see index under intoxicating • liquors). . 15-301 to 15-32.2 jack; displaying on streets 15-155 junk dealers; operating without license 14-301 violation of ordinance relating to 14-801 to 14-311 . junk; sale of within 48 hours from purchase 14-80: library; cutting or mutilating.books, etc 15 12E failing to return books 15-127 stealing books from. 15-12C licenses (see general index under licenses). license plates; changing. 14-515 failure to display 14-516 liquors (see general index under intoxicating liquors). loitering; in post office 15-133 in public places; vagrancy . . . 15-165 manholes, breaking. 24-30: • • .matches, lighting in barns, cellars, etc. . 10-113 magazines, indecent or scandalous matter • 15-138 mayor offer reward for conviction 15-101 medicines, throwing or distributing samples 15-135 merry go rounds, operating on Sundays 14-12c meters, tampering with. . - 22-601 milk (see index of milk and dairy products). selling diluted or from diseased animals. . .15-118, 20-109, 20-120 minors; playing or loitering.in pool halls 14-403, 14-406, 14-409 loitering or playing on streets 15-130, 15-131 furnishing cigarettes or tobacco to • 15-134 using cigarettes or tobacco 15-133 money, stealing under $20.00 15-15t monuments establishing grades or boundaries of, removal of15-154 376 GENERAL INDEX. Misdemeanors' and Offenses (continued): Sec. mules, picketing on streets, running at large, etc. . . :1-201 to 1-204 newspapers, publishing indecent or scandalous matters 15-139 narcotic drugs; possession and sale prohibited 15-401, 15-401 occupying room for immoral purpose 15-213 obscene language . . 15-114, 15-138, 14-407 -obscene literature. 15-139 offal; hauling through streets 15-161 placing in sewers . 24-302 officer; resisting . 15-148 escaping from. . - 15-168 parking; along treets . . 29-101 all night. 29-221 . parkways; driving over 29-105 patent medicines; distributing or throwing samples 15-133 . pavements; driving rod or stake through 26-112 removing protecting barriers 26-115, 26-116, 26-205 using while under construction 26-20C penalties, when no other prescribed 15-102 pimps 15-209, 15-211 pipes; water or gas, tampering with 22-601 pistols; blank cartridge. 15-106 discharging in city 15-119 pitch, boiling prohibited. 10-107 . plumbing code, violation of . . - 15-491 poles; posting bills on 15-136 signs on, or attached to 5-606 police; citizens refusing to assist 19-113 pool halls (see pool and billiard halls). . • posi.ers and hand bills; on poles, tearing down 15-136, 15-137 post office; loitering in, profane language in 15-133 prisoners; escaping from officers . 15-168 prize fight pictures, prohibited . 15-141 processions; vehicles passing through 29-105, 29-114 procurer or procuress. . 15-209, 15-211 profane language . 15-114, 15-133, 14-407 property; injuring or defacing 15-142, 15-144 stealing under $20.00. . 15-156 prostitution (see immoral conduct) 15-201 to 15-215 public dances (see dances) 3-103, 3-202 'publications; immoral or obscene matter 15-139 public vehicles (see public vehicles; drivers of) . . . .14-511 to 14-520 railroad cars; hopping on 15-145 obstructing street. . . 15-146 railroad crossings; busses and stages stop 14-712 cars obstructing streets. 15-146 vehicles obey stop signals 15-147 receiving stolen property. . 15-155 resisting officer. . . 15-145 reward, mayor may offer • _ 15-101 rioting, participating in. 15-149 river, bathing in Smoky Hill _ 15-150 sewers; connecting with cesspools, gutters, etc. 24-302 breaking or obstructing. . 24-302 construction of, violation of ordinance 25-10G . sidewalks; driving over. . n. 51-153, 29-105 obstructing. . 15-151 removal of snow and ice from 15 152 i • GENERAL INDEti. 377 Misdemeanors and Offenses (concluded): Sec. sweeping into or upon 15-159, 28-101, 28-11C signs; violation of ordinance relating to • 5-612 on trees or poles in street 5-600 slaughter pens and houses prohibited 1-211, 1-213 snow; removal from sidewalks 15-152 speed limits; vehicles. . 26-101 street cars. 26412 stakes establishing grades, etc.; removal of 15-154 stallion displaying on street . 15-155 stealing; books, etc., from library 15-126 fruit. 15-157 money or property under $20.00 15-150 . stolen property; receiving. . 15-152 streets (see general index under streets). street cars; hanging on to - 29-106 speed limit. . . 26-112 Sundays; playing pool or billiards on 14-105 public dances on. . 14-305 sales of merchandise on 15-164 tar, boiling prohibited. 10-101 taxi-cab (see general index under taxi-cabs). • theatres; hose, fire extinguishers, stand pipes - 10-103, 5-228. traffic rules (see general index under traffic rules). tractor engines, threshing machines, etc., on streets 26-212 trash; disposal of. . 28-101 to 28-107 placing in streets. 15-160 trees; signs on or attached to 5-600 injuring, hitching horses to, etc 15-164 unwholesome food: selling. . 15-117, 20-114 vehicles (see general index under traffic rules). vagrancy. 1546:' venereal diseases, violation of ordinance 20-301 to 20-319 waste and offensive matter; disposal of 28-101 to 28-107 wires in streets . ' 5-906 wires (see electrical code) . . 5-332 of public utilities, tampering with 22-601 weapons carrying concealed 15-166 water meters or pipes; tampering with 22-601 water; taking by unlawful device 22-60; wooden awnings prohibited. 15-167 wooden culverts and runways in streets ' 26-210 Morris Addition, in City Limits - 7-241 Morrisons Addition, in City Limits 7-242 Morrisons 2nd Addition, in City Limits 7-243 Morrisons 3rd Addition, in City Limits 7-244 block 1 and parts of blocks 2. 3 and 4 replotted 18-103 Motor Vehicles (see Vehicles). Monuments Establishing grades or Boundaries, removal of 15-154 Moving Picture Theatres; Buildings used for 5-228 license. . 14-123 Municipal Band. . - 2-101 to 2-104 • Narcotic Drugs; Possession and Sale 15-401, 15-405 , Neeley's Addition, in City Limits 7-245 Ninth Street Plat, part of Westview Addition, in City Limits 7-284 North Park Addition, in City Limits 7-246 North Street; Vacated, part of Seventh to Ninth 27-208 378 GENERAL INDEX. • Sec. Nuisances; Abatement and Removal of 6-101, 6-104, 20-208 dogs running at large 1-106 liquor, place where sold or kept 15-301 penalty for permitting nuisance 16-101, 16-103 rank grass, weeds, standing water 16-10I signs erected contrary to ordinance 5-610 wires in streets. 5-905 Numbering of Houses 26-601 to 26-607 • 0 Oakdale Addition, in City Limits 7-248 Oakdale Avenue; Opened, Johnstown to Ash 27-115 vacated, part of, Johnstown to Ash 27-206 Oakdale Park, in City Limits 7-247 •entering without permit, during entertainment 15-171 Iease.agreement covering use by city - 17-301 to 17-318 Offal; Placing in Sewers 24-302 hauling. through streets. . 15-161 Officer; Resisting. . . 15-148 escaping from. 15-168 Oil Tanks; Construction of . . 10-201 to 10-210 Original Townsite. . 7-201 additions to (see city limits) 7-202 P Pacific Addition, in City Limits 7-249 Pacific Street; Name Changed to Lincoln Ave. 26-706 Packing Material; How Stored 10-120 Palace Street; Vacated, in Wells Addition 27-209 Parades, Licenses. • 14-143 Peddlers and Hawkers, Licenses 14-142 of clothing, etc:, license .14-133 transient or itinerant, license . • 14-134 Parents or Guardians; Permitting BB Guns 15-109 permitting minors to loiter or play on streets 15-131 Parking Cars on Streets 29-107 all night, prohibited. 29-221 Parkings; vehicles not to cross 29-105 Parks; City Park. 17-50' Kenwood Park. . 17-101 to 17-107 Highland Court. 17-40" Oakdale. . • 17-301 to 17-311 Riverside. 17-201 to 17-20/ Pasturizod Milk (see index under 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. . 14-132 Paving; Barriers Protecting, Removal of 26-103, 26-115, 26-116, 26-206 excavations in (see general index under excava- tions) ' 26-101 to 26-117 excavations in streets to precede 26-114 not broken for one year after laid 26-114 rod or stake driven through, prohibited 26-118 using while protected by barrier 26-206 service pipes laid prior to 26-301 removal, repair and maintenance by street railway . . , . , . , • .22-203, 22-205, 22-307, 22-311 GENERAL INDEX. 379 • Sec. Permits; Amusements. 3-103 bill boards. . . 5-701 buildings . . .. 5-201 cesspools . 5-488 dances, dance halls . . . 3-103, 3-204, 3-207 electric wiring . . 5-307 gas piping . . . 5-505 house moving . 5-801 plumbing . 5-405, 5-489 removal of paving . . 5-406, 26-101 sidewalks, obstruction of in building 5-234 signs . 5-601 ustreets, obstruction of in building 5-234 theatres, theatrical entertainments, etc. . • 3-103 Pest I-louse . - 20-205 Phillips Addition, in City Limits 7-20.2 Phillips 2nd Addition, in City Limits 7-251 Phillips East Salina Addition, in City Limits 7-250 Phillips Street; Opened, in Morrison's 3rd Addition 27-116 vacated, part of,.in South Park addition 27-230 Pistols; Blank Cartridges, Misdemeanor . . 15-106, 15-120 carrying concealed . 15-166 Planning Commission . . 6-401 to 6-409 • Plats and Additions (see City Planning Commission): approval by planning commission and board of com- missioners 6-405, 6-406 blocks replatted and lot frontages changed 18-101 to 18.103 Plats A.to G Inclusive and 7, 8 and 10; in City Limits. . .7-278 to 7-286 Plumbing Code: . . . 5-401 to 5-495 application for permit . . 5-405 bond and license . 5-407 brass pipe . 5-41G brass pipe to cast iron 5-417 bolts—expansion . 5-422 bolts—toggle 5-422 back vent—traps . 5-448 back vent—water closet . 5-449 .bowls—water closet . 5-456 bath tub—wood prohibited . . 5-476 bath tub—traps 5-477 cast iron pipe—joints . . . 5-415 cast iron pipe . . 5-410 cesspools . 5-488 change in direction . 5-426 cleanouts and traps . . 5-423 cleanouts—brass trap screw . 5-423 cleanouts—size . - 5-424 closet—back vent . 5-445 closet—bends . 5-460 closet—frost proof . 5-458 closet—flanges . 5-462 closet—flush pipe . - 5-459 closet—lead connection-. 5-461 closet—low tanks . . . -5-473 closet—prohibited . . . 5-474 closets—bowls porous . . . 5-465 closet—material of . 5-464 • 380 GENERAL INDEX. Plumbing Code (continued): Sec. coating—pipe and fittings . 5-411 connection—to city water main . ' 5-408 connections—overflow . 5-423 • connections—prohibited 5-433 connection—vent pipe 5-445 covering work 5-484 curb—drain 5-434 defective plumbing . 5-404 defective work . • 5-486 definition '. 5-401 direction—change' of . 5-426 drainage—excavation 5-429 drain .pipe. connection , 5-4370 drain traps—for bath tubs .. 5-477 drain—to curb . • 5-434 drain—underground 5-432 earthenware pipe . 5-409 earthenware yard drain . • 5-436 expansion .bolts .. - • 5-422 excavation—drainage __ 5-425 exhaust--blowoff . . -_ 5-437 fees . . ., 5 403 fittings—iron . _ 5-411 fittings—prohibited 5-427 fixture—back vent . 5-446 fixture—grounds . 5-468 floor drains . - 5 423 flush—closet 5-459 flanges—closet . 5-461 flushing.rims . 5-472 flush tanks—groups of . 5-480 flush tank valves . 5-482 flashings—lead roof . 5-413 frost proof closets . _ 5-458 • galvanized iron to C. I. pipe 5-417 gas water heater vent . 5-450 garage—waste 5-454 garage—drain test . 5-483 grade---horizontal pipes . 5-425 grounds—fixtures . . 5-463 group—of. urinals 5-457 groups—urinal defined . • ' 5-468 horizontal pipe—grade • '5-424 house drain—underground . 5-432 house—sewer . 5-435 inspection . • 5-402 inspection—special permits . . 5-489 iron pipe—galvanized . . 5-416 iron pipe—to lead 5-419 joints—water tight . . 5-414 joints—lead . • 5 418 joints—prohibited . . 5-421 kind of traps . -5-483 kind of pipe . . 5-433 kitchen sink—waste . - 5 453 lead pipe—weight . 5-412 lead=sheet_ . . • 5-413 . lead pipe joints . . 5-418 • GENERAL INDEX. 381 Plumbing Code (continued): Sec. lead to iron pipe . 5-419 lead:—bend—closet . 5-460 lead connections—closet. . . 5-461 length of vent from trap . 5-443 level of trap . 5-423 low—tank—closet 5-473 main vent . - 5-444 material—closet bowls . 5-455 _ material—closets . 5-464 offsets—in main . 5-428 old house sewer . 5-431 open plumbing . - 5-470 overflow—connection 5-423 paving—permit for removing 5-406 penalty . 5-491 pits—sump in basement . 5-447 pipe—cast iron 5-410 pipe—sewer . 6-409 pipe—lead—weight . 5-412 pipe—cast iron joints 5-415 pipe—galvanized . 5-416 pipe—brass . 5-416 pipe—horizontal grade . 5-425 pipe—kind of . 5-432 prohibited—porcelain closet 5-465 prohibited—water closets . - 5-474 prohibited—wood sinks and tubs . 5-476 prohibited—joints . 5-421 prohibited—fittings . 5-427 prohibited—connection with conductor pipe . 5-432 protection—of traps . 5-423 prior—plumbing 5-490 pressure reducing valve . 5-492 quality—iron pipe fittings . . 5-411 removal of paving . 5-408 revent pipe—stack . . 5-440 refrigerator waste . 5-451 repairing 5-487 reconstruction . . . 5-489 rims—flush . . . 5-472 safes—urinals 5-452 sewer pipe 5-409 sewer—old house . 5-431 sewer—house . . 5-435 sheet lead . 5-41.3 sink—wood . . 5-476 size of vent . - 5-440 soil pipe—waste and vent . 5-439 special permit . 5-489 stable drain . . 5-483 stack support . 5-430 stack—revent . . 5-440 stable—waste . - 5-454 supply—to fixtures 5-478 supply—to water closet. . 5-479 supply—closet . . 5-457 supply—urinal . 5-466 sump pits in basement . 5-447 382 • GENERAL INDEX. Plumbing Code (concluded): Sec. terminal—vent . 5-441 toggle bolts . 5-422 traps and cleanouts . . 5-423 'traps—kind of 5-423 traps--level 5-423 traps—protected . 5-423 traps—back vented . . . 5-448 traps—seals visible . __ 5-471 underground drains . 5-433 urinals—safes . 5-452 urinals—materials and supply, . , 5-466 urinals—groups 5-457 urinals--defined . . 5-458 . urinal—supply 5-469 urinal—floor 5-469 urinal—trough . . 5-475 urinal---tanks 5-480 urinal—gutters 5-481 valve—flush tank 5-482 ventilator—prohibited 5-485 . • vent pipe—soil . - 5-439 vent—length from trap . 5-443 vent—main . . 5-444 vent--grade . , 5-445 vent--back .of fixture 5-446 ' vent=traps . . -.. . 5-448 vent—gas heater : 5-450 visible trap seal . . 5-471 water tight joints 5-414 water seal . 5-423 waste_ pipe—soil—size . . 5-439 water heater—vent . . 5-450 waste—refrigerator 5-451 waste—kitchen sink . 5-453 waste—garage and stable . . 5-454 water closet—material . 5-455 water closet—bowls . . 5-455 • water supply—fixtures . 5-473 water service—from main . . . 5-40£ weight—of lead pipe . 5-412 wood—joist construction . . . 5-420 . yard drain .. - • 5-436 yard drain test 5-483 Plumbing Inspector (see plumbing code) ' , 5-402 gas piping . _ 5-501 Pool and Billiard Halls; Licenses 14-401 to 14-411 , application for license , 14-402 .bond . 14-403 playing on Sunday . 14-405 minors under 19, playing prohibited 14-400 minors not to loiter or congregate in 14-409 profane language, disorderly conduct in 14-408 Poor; Welfare Board to Investigate 3-105. Public Dances (see dances) . . -3-201 to 3-212 • Poles; Posting Bills on 15-136 signs on or attached to . 15-606 of electric light company . - 22-10)) of street railway company . ' 22-203, 22-211 • GENERAL INDEX. 383 • Poles; Posting Rills on (concluded): Sec. painting of required . 22-606 prohibited in certain districts . 22-608 removal of in certain districts . 22-611, 22-612 - 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 19-206 witnesses, fees . 19-207 Police Department (see Chief of Police; City Officers) . . .19-101, 19-113 . duties of chief . . . 19-102, 19-103 assistant chief . 19-110 enforce ordinances . 19-105 desk sergeant 19-110 authority to enter houses 15-124, 15-207, 19-106 duties of policemen . . - 19-108 call on citizens for assistance 19-112 refusal to assist police . . 19-113 salaries of police . 6-307 wear badges 19-109 Police Vehicles; Right of Way in Streets 29-110 through processions. . 29-114 Post Office; Lounging or Loitering in, Profane Language 15-138 Prescotts Addition, in City Limits 7-252 Prisoners; Aiding in Escape of 15-169 escape from officer . 15-168 confinement of . . 19-204 meals 19-205 refusal to work, penalty . 19-206 work out fines . - 19-203 Processions; Fire, Police and Ambulances Through 29-114 vehicles or persons not to pass through 29-105, 29-114 Profane Language . 15-114, 15-138, 14-407 Prize Fight Pictures Prohibited . 15 141 Property; Injuring or Defacing 15-142 on public streets, injuring 15-143, 15-144 interfering with railroad . . 15-145 stealing 15-156 Public Health; General Regulations . 20-201 to 20-214 cesspools, prohibited . 20-214 cleanse premises and abate nuisances 20-208 connection with sewers required . . 20:214 ,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) Public Scales . : . 21-101 to 21-107 Public Utilities: electric light power &.gas franchise 22-101 to 22-125 acceptance of franchise 22-105, 22-124 assignment to Salina Light Power & Gas Co. 22-125 extension of main and lines - 22-120 extension of franchise term . 22-103 • • • 384 GENERAL INDEX. Public Utilities (continued): Sec. excavations in streets,• repairs . 22-107 lighting streets and public buildings 22-118 location of street lights • 22-119 meters, inspection . • L 22-116 maintain works . 20-10( police protection . 22-117 rates commercial lighting 22-111 gas . . 22-113 residence lighting 22-110 • secondary power . . - 22-112 changed by city . 22-114, 22-115 term of franchise . . 22-102 use of streets . . 22-106 wires and poles . 22-108, 22-109 street railway franchise . . 22-201, 22-220 acceptance by grantee . 22-220 cars,•new, good repair, heated . . 22-208 culverts and drains installed . 22-209 • fares. . 22-206 • failure to run cars, removal of tracks 22-218 • intervals of service . 22-207 interurban, connections with 22-211 paving kept in repair . . 22-203, 22-2o5 poles, wires . 22-203 • erection of 22-213 police protection . - 22-219 rails, weight of . 22-210 right of way on streets - 22-216 repair of tracks . . 22-204, 22-205 regulation -by city . 22-215 tracks. in center of streets 22.209 unpaved crossings 22-207 street railways; regulating construction and mainte- nance . 22-301 to 22-319 application for permit to excavate . . 22-303 city may regulate . 23-316 crossings on unpaved streets 23-312 double -tracks 22-315 • grades, city engineer to establish 22-309 maintain pavement . 22-311 material, method of construction . 22-310 ' permits. for excavating streets . 22-302 to 22-308 trolley wires, heighth above streets 24-213 violation of ordinance, penalty . 24 319 street railways; regulating operation of: cars equipped with fenders . . 23 401 rules for operation of cars 23-402 speed limit of cars . . 23-402 miscellaneous regulations: employes may inspect meters, etc. . 26-309 painting of poles required . 22-606 poles; in certain districts,prohibited • 22-608 in certain districts removed . S8-G1l tampering with meters, wires, pipes, etc. , 22-601 unlawful devices 22-602, 22-603 trees, light and telephone companies may trim • 22-613 miscellaneous franchises and grants: to W. E. Whittaker for poles.and wires 22-501, 22-502, 22-501 • GENERAL INDEX. 385 • Public Utilities (concluded): Sec. to Shellabarger Mill and Elevator Co. for poles and wires . 22-504 to 22-50G to John L. Bishop, drain or water pipe 22-507 to 22-510 Public Vehicles (see also Drivers of Public Vehicles): busses and stages, licenses, and regulations 14-701 to 14-719 drivers names posted; in taxi cabs, busses 14-711, 14-617 licenses for, in general,. . 14-501, 14-522 taxi cabs . 14-601 to 14-622 busses and stages . 14-701 to 14-719 license plates; furnished by city clerk 14-515 display of required . 14-516 changing; licenses forfeited . 14-517 rates for licenses . . 14-504, 14-512 taxi cabs, general regulations . 14-601 to 14-631 Public Welfare (see Board of Public Welfare) 3-101 to 3-211 Putnam Avenue, Opened, Morrison to South 27-114 . B Railroad Avenue; Vacated, Fourth to Fifth 15-145 Railroad Cars; Hopping on, Misdemeanor obstructing streets . 15-146 Railroad Crossings; Vehicles Obey Stop Signals 15-147 construction and maintenance of, at street intersec- tions . . 26-401 to 26-405 stages and busses required to stop at 14-712 Railroad Property; Interfering with . . 15-145 Railroad Rights of Way: • A. T. and S. F. Railway. .23-201 to 23-213, 23-1009, 23-701 to 23-704 C. K. & N. Railway Company, (Rock Island) 23-101 to 23-111 C. K. & W. Railroad Company (Santa Fel 23 201 to 23-213 C. R. I. & P. • 23-301 to 23-302, 23-101 to 23-111, 23-1003 23-1004, 23-1006, 23-1009, 23-1010 Kans. & Colo. Railroad Co. (MoPac.) 23-401 to 23-405 Kans. & Colo. Pac. Ry. Co. (Mo. Pac.) 23-501 to 23-515 Mo. Pac. R. R. Co. . .3-601 to 23-G29, 23-401 to 23-405, 23-501 tc 23-515, 23-1002, 23 71004, 23-1005, 23-1009, 23-1010 • Salina Northern Ry. Co. (Santa Fe) 23-701, 23-704 Salina & Southwestern Ry. Co. (U. P.) 23-801 to 23-827 Union Pa. Ry. Co. 23-901 to 23-943, 23-801 to 23-827; 23-1005 Railroads; Contracts with City and Ordinances Relating to Union Station . 23-1001 to 23-1010 Railroad Street; Vacated, Ash to Park 27-231 Rank Grass and Weeds; Constitute Nuisance Abated 16-103 Rash & Sons, J. C. Addition, in City Limits 7-253 Republic Avenue; Opened and Widened, Ninth to Sherman. . . .27-119 Receiving Stolen Property . 15-158 Resisting Officer 15-148 Reward; Mayor May Offer 15 7101 Replat of Beebes 2nd Addition, in City Limits ' 7-254 Replat .of Powers Addition,- in City Limits -7-255 Replat of Block 5 South Park Addition, in City Limits 7-287 Rioting; Participating in . • 15-149 Riverside Addition, in City Limits •7-256 Riverside Park, Acquired by City 17-201 to 17-204 Riverside Park Drive; Opened, Part of 27-117 opened, Ohio to Des Moines 27-118 Riverview Addition, in City Limits 7-257 Rules of Road . 29-103 Running 'Boards, Riding on, Prohibited 29-2116, 29-211; • 386 GENERAL INDEX. S Safety Zones . 0. 22-1-125 Salina Light Power & Gas•Franchise 22-101 to 22-125 Sanitary and Health Officer; Office Created 6-107 office combined with city engineer 6-214 salary . • 6-302 f duties; report and abate nuisances 16-104, 20-208 under milk ordinance . . 20-101' to 20-130 make inspections . 20-207 references to committee on public health; deemed to refer to20-202 Sidewalk Stands, Licenses 14-138 Street Stands; Licenses, Restrictions . 14-137; 14-158 Salaries (see city officers) 6-301 to 6-310 Salina Northern Ry. Co.; Rights of Way 23-701' to. 23=704 Salina"& Southwestern R. R. Co.; Rights of Way. . . . ... . .23-801, 23-807 Sanitary Conditions, in Buildings (see public health) 5:255 Santa Fe Park Addition, in City Limits 7-258 • Scales (see Public Scales)., Search Warrant Issued 15-307 Second Avenue;'Vacated, Part of, in South Park Addition 27-238 Seitz Addition, in•City Limits . 7-259 Seitz Street; Name Changed from Tenth Street Crawford' to Republic . 26-704 Service Pipes; Laid in Streets Prior'to Paving 26-301 to 26-304 Sewer Districts; Lateral, Created and Defined ' • '24-201 to 24-235 Sewer, Gas . 5-252 Sewers; (see plumbing code) Connections' Required 20-21.4 connections with cisterns, cesspools, gutters, etc., prohibited24-302 . damaging _ 24-302 flush tanks, breaking . . . . 24-302 house, sewers . . 5-431, 5-435 obstructing . - 24-302 Pipe . . . . 5-409 placing dead animals, garbage, filth or offal in 24-302 • ' right of city to connect with private drain 24-301 Sewers; Special Permits: - . Union Pacific, across certain streets 24:401 to 24'-404 , Kans. & Colo. Pac. and Mo. Pac.; sewer under right of way at Elm . . 24-406 Sewer Service Pipes; Laid Prior to Paving 26-301 to 26-304 Sewer Zones; Established and Defined 241101 to 24-108 Sherman Street; Opened, Crawford to Republic. • Sidewalks; Animals Trespassing on 1-215 barriers protecting; removal of . . 26-205 city engineer prepare plans and specifications 25-105 city may construct and assess costs 25 102 constructed when ordered . 25-101 constructed according to plans of city engineer 25-106 destruction of . . . 15-153 • encroaching on . 15-151 excavating for plumbing . 5-406 method of construction . 25-10' . occupation' of; while building . 5-234 obstructing. 15-151 protection of; while building . . 5-235 removal of snow and ice from 15-152 riding or driving over .- . 15-158 vehicles'rot to cross . . 29-105 Signals, 'Traffic' 29-106 GENERAL.: INDEX. 387 Sec. Signs; Application for Permit 5-602 attached to awnings or marquees 5-233 flat against building . 5-606. height above street 5-604 hinged brackets . . 5-607 inspection and approval . 5-608, 5-602 metal or noncombustible material required 5-603 nuisances, abatement . . . . . • 5-61.0 permits required . 5-601 poles in streets or park way, signs on 5-606 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, 5-610 violation of ordinance, penalty . . 5-612 Skylights, How Constructed 5-222, 5-223. Slaughter Pens and Houses, Prohibited 1-211 Smiths Addition, in City .Limits 7-260 Smith & Colvards Addition, in City Limits • 7-261 Smoke Stacks, Regulation. . . • 5-240, 5-242 Snow and Ice, Removal.from.Sidewalks - 15-152 Soliciting by Prostitutes . - 15-208 South Park Addition, in City Limits 7-262 .names of streets in; changed . . 26-701 Speed Limits; for Vehicles . . 29-104 street cars . 29-112 Stages (see busses and stages) 14-701 to 14-710 Stairways, Width of . 5-227 • Stallion, Displaying on Street . 15-155 Standing Water; Nuisance, Abatement and Removal 16-103, 20-211 Stands, Cab and Dray; Police Chief to Designate 14-513 Stapler Avenue; Vacated, Part of . 27-237 Stealing; Books, etc., from Library 15-126 fruit . . . 15-157 • money or property under. $20.00 15-156 Steam Pipes, Regulation of . . 5-243 Stolen Property, Receiving 15-158 Stove Pipe, Through Sides or Roof of Building, Prohibited 15-111 Street Cars (see Public Utilities): crossing streets, obey traffic officers 29-106 right of way in streets 29-112 speed limits . • 29-112 stopping in safety zones . 29-108, 29-112 stopping on cross walks, prohibited 29-109 standing, vehicles not to pass 29-208 • Street Numbering 26-601 to 26-607 Street Railways (for Franchise Regulations,•etc., see Public Utilities). Streets: barriers protecting sidewalks or paving; removal of.. .26-116, '26-205 carcasses of animals; diseased animals; hauling through 15-161 cutting curb; for drive ways 26-201, 26-204• permit required 26-201 specifications of city engineer . 26-202 downspouts into;.direct drain, prohibited • 5-901, 5-902 dead animals, depositing in . • 15-162. derricks in .. ' . . . . - 5-237 • • 388 GENERAL INDEX. Streets (concluded): - Sec. encroaching on . 15-151 excavations in; in general . 26-101 to 26-117 applications for permit . . ... 26-102 by electric light and gas. co.. . . . . . . . . . . ....... . . . . . . ... ... . . . . . . . . . . . . . . ..2-107 . by street railways . . ............... . ... . ... 23-202 barriers for protecting public . . 26-115 show name of contractor . . . . . . . . . . . . . ... 26-103 removal of . - 26-116 bracing to prevent caving in. . . 26-115 deposits required . 26-105 kept by city' clerk, returned. 26-106 directions of city engineer to be followed 26-115 earth shelf left . . 26-108 forplumbing ... . . . . . . . . . . . . . . . . . ... . . ... . .... . ..... . . ....... . ....5-406 in paved streets and alleys, how refilled 26-107 in unpaved streets and alleys, how refilled....:.... ... ..... ..... 26-111 paving; not. broken for one year after laid,.... ....... . . . ._ . , 26-114 • replaced after, excavation . . . . . . . . . . ....... . ... . . ... ... 26-115 permits; required . . . , . . 26-101 granting; conditions . . 26-103 fix bounds; regulations . . . . , 26-104' ' precede paving . . . . .. . . . . ... . . . . . . . . . . . . . . 26-114 paving base; how replaced .. . . . . . . . 26-109 to endure one year.. . . 26=110 refilling . . . . . . . ... ... . . . . ... ... . . . . ... ... . . ... . . .....:26-107; 26411 signals to protect public, removal; of. . . . . ... ..... . . ....26-115, 26-116 streets kept open during excavation - 26-115 filth, offal, etc.„ depositing,in or hauling,through'. . .... . ..15-161, 15-162 'guy wires over . . 5-237 hedge fences along . 26-201 hauling stone, coal, 'dirt, rubbish, etc., over. . ..... . ._.. 26-211 'house moving on or along . . . . . . . . . . . . . . ... . . ... . . .5-801 to 5-811 house moving on certain, prohibited 5-804 names of, changed . . 26-701 to 26-704 numbering of houses 26-601 to 26-608 occupation of, while building . . . . . . . . . ... . . . . . . . . . . . . . .. .523'i. . . . . . . .. obstructing . 15-151 obstructing with railroad cars . 15-146 paving; not broken for one year for excavations 26-114 rod or stake driven through, prohibited • 26-112 excavations to precede . permit to obstruct . 26-114 5-234 railroad crossings„ construction,and,maintenance of. .2 6-401' to 26-404 services pipes in, laid prior to paving 26-301 -sprinkling over; petitions for, special assessments, . . .26-501, 26-502 sweeping into 15-159, 28-110 to 28-112 street railway crossings on , 22-312 tractors and threshing machines over, prohibited.. 26-212 trash, waste, garbage, etc.; sweeping into or deposit- ing 28-101 to 28-107 using while protected by barriers 26-206 vehicles for hire, standing in 26-214 . wooden culverts, and runways in . . 26-216 Street Sprinkling 26-501 to 26-504 Street Stands; Licenses for 14-137 cabs and drays, police chief to designate 14-513 • Streets Opened and Vacated (see alphabetical arrangement • • In Chapter 27) 27-101 'to 27-259 • • GENERAL INDEX.' 3S9 Sec. Sunday; Billiard and Pool Halls Closed . 14-405. merry go rounds not to operate on 14-126 public-dances on, nuisances . . 14-305 sale of merchandise, etc., on 15-164 Sunnyside Addition, in City Limits 7-263 blocks 2 and 3, replatted frontage of lots changed . ' ' 18-101 Surveyors Plats A to 0 Inclusive and 7, 8 and 10, in . City Limits 7-278 to 7-286` Sweeney's Addition, in City Limits ' 7-264 Sweepings; Depositing in Streets . 15-159 ' •disposal of, in streets, lots, etc 28-101 to• 28-107 constituting a nuisance, abatement, notice to owners'28-108, 28-109 • from business buildings into streets 28-110 to 28-112 T.. Taxi cabs . . . 14-601 to 14-631 application for license . . _ 14-603 definition of . _ ' - 14-601 drivers of; convicted of speeding 14-520• Misinforming persons . _ '14-511 wear badge . . 14-508, 14-617 drivers licenses 14-616 'driving after license revoked . . , _ '14-627 inspection of . 14-618 insurance or bond required . . , . , 14-604 licenses required . _ , 14-501 license inspector . - . . - 14-629 license revoked . 14-618, 14-624, 14-626 maintained in good order, cleanliness,required 14-618, 14-619 numbering of required _ 14-615 rates; for licenses . . . • 15-504 of fare . . - 14-605, 14-606, 14-608. receipts to'be-issued, form of 14-607, 14-608 refusal-of-passenger to pay fare _ 14-620- soliciting at depots, prohibited . - 15-170 use of, for immoral purposes, prohibited 14-623, 14-625, 15-214, 15-215 , Taxi Meters; Definition- of-. . _ 14-601 tested, approval by inspector . - 14-602, 14-607 issue 'receipts . 14-607 incorrect meters . 14-610 lighted at night _ 14-611 • maintained in working order . 14-612 signals . , 14-613 inspector, test and seal meters . '- 14-619 Telegraph and Telephone Poles, Posting Bills on (see Poles) 15-136 Tenement Houses . . . I . 5-214, .5-215 Ten Show, Licenses . 14-208 Tenth Street; Crawford to Republic, Name, Changed to Seitz Street . • 26-704 k opened; Walnut to South . . 27-126 Ash to Park . 27-127 Washington to Prescott . . 27-128 Grand, South' 115 feet . . 27-129 Prost to Republic . . 27-130 vacated; part of . 27-245, 27-246 .at intersection with Washington . 27-241 Testing Materials . , 5-212, 5-216 • • • 300 GENERAL INDEX. • Sec. Theatres; Examined by Fire Chief 10-103, 10-104 fire extinguishers and hose,. regulations- 10-103 . licenses 14-129 summer, licenses '. 14-145 stand pipes required . . 5-228 use of buildings, for 5-228 Theatrical Performances; Supervision by Welfare Board. . .3-103, 3-109 Third Street; Vacated, Part of South of North. Street 27-239 Thirteenth Street; Vacated, Mo. Pa. to Union Pacific Tracks 27-252 Threshing Machines, Over Streets 26-212 Tobacco; Furnished to Minors . . , 15-139 use of, by minors . 15-133 •• Townsite of Salina; Additions to 7-201, 7-202 Tractors over Streets . . . . . . . . . . . . 26-212 Traffic Officers; Enforce Ordinance . . 29-119 give signals . ° 29-106 vehicles stop when ordered by 29-114 Traffic Rules; Alleys, Entering or Emerging from '29-218,. 29-215 arterial highways . . 29-201 marking . - 29-203 vehicles stop before entering . . . . . .29-202, 29-204,..29-212, 29-213 age of drivers . 29-111 ambulance vehicles, right of way . . 29-110 through processions . 29-114 business district, definition of . . 29-102 bicycles and motorcycles; lights required 29-119 carrying extra passengers, prohibited . . 29-105 riding without handle bars . . 29-105 riders .hanging on street cars or vehicles 29-105 brakes required . 29-129 definition and traffic rules . 29-102 drivers; age permitted 29-111 . definition of '' . . ' ' . 29-102 give signals of turns, etc. . , ' 29-106 intoxicated . 29-111 obey rules . 29-101 stop and give name and address in case of.accident 29-115 drive ways, entering and emerging from 29-218, 29-210 fire apparatus; right of way, street cars stop 29-110 through processions . 29-119 horn required . 29-122 horn or siren like fire department, prohibited horses, not to stand unhitched ' 29-105 lights required . 29-119, 29-121 mufflers required'. . 29-105,. 29-123 motorcycles; lights 'required 29-119 general regulations . . 29-105 opening cut-outs, prohibited 29-105, 29-123 parking; all night, prohibited . 29-221 in streets, regulated . 29-107 pedestrians; crossing intersections . 29-109 hanging on street cars or vehicles 29-105 right to cross streets in safety 29-109 passing through processions, prohibited . . 29-105 police vehicles; right of way - 29-11.0 through processions 29-119 processions; pedestrians 'or vehicles not to pass through . . ' " fire, 29-105, 29-119 police or ambulance, vehicles' through 29-114 • GENERAL INDEX. 391 Traffic Rules (concluded): Sec. racing engines prohibited 29105 • removal of vehicles without owners consent 29-111 rules of road . 29-103 running boards, standing on prohibited 29-116, 29-117 safety zones 29-108 signals; drivers to give . . 29-1U6 of traffic officers . _ 29-106 • speed limits 29-105 spot lights prohibited . 29-121 street cars; not to stop on cross walks 29-109 stop for fire apparatus . 29-11C stop at safety zone . 29-112, 2910;• speed limit . 29-112 right of way over other vehicles 29-112 • standing, vehicles not to pass 29-20: motorman obey traffic officers 29106 hanging onto, prohibited . - 29-105 stopping in streets . . 29-107 tail lights required 29-119 traffic officers . 29-106, 29-114 turn blocks; at intersections in business district 29-114 at certain points abolished . - - 29-207 U-turns prohibited at certain points 29-205, 29-206 vehicles; definition of 29-102 bicycle riders or others to hang on 29-105 driving over sidewalks, parking or curbing 29-105 objects not to extend beyond limits of• 29-105 riding or jumping on, without consent 29-105 removal of or tampering, with 29-111 stopping on cross walks 29-105 Trash. Litter, etc.; Accumulation, Removal, Burning 10-102 ground floor occupants responsible for , 28-103 kept off of private premises . . 28-102 on lots, streets, etc., nuisance 28-108 notices to owners, abatement . 28-109 placing in metal receptacles, required 28-104 placing in streets or alleys 15-160, 28-101 Trees; Injuring, Hitching Horses' to ' 15-164 electric light and telephone companies may trim 22-613 signs on prohibited . 5-606 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 7104 Tucker Park, in City Limits' 7-265 Turn Blocks; at Intersections in Business District 29-114 abolished at certain points 29-207 Twelfth Street; Opened, Bishop to North 27-133 opened, through Morrison's 3rd Addition' 27-134 vacated, Bishop to North . . 27-250 , vacated, in South Park Addition - 27-251 U.. • - Union Pacific Ry. Co.; Rights of Way - 23-901 to 23-943,1 23-801 to 23-827,. 23-1009 . permit for sewer connecting with Pine Street 24-401 to 24-404•Union Station; Contracts and Ordinances Relating to 23-1001 to. 23-1010 University Addition, in City Limits - - 7-266 Unpaved Streets; Street Railway Crossing on 22-312 392: GENERAL INDEX. 2 Sec. Unsanitary Conditions in Buildings 5-252 Unwholesome Food; Sale Prohibited 15-117, 20-114 U-turns,. Prohibited; Certain Points . , 29-205, 29-206 . . • 4,. . . Vagrancy - • ,15-165 Van Trines Addition, in City Limits • . • 7-267 Vehicles (see General Index under Traffic Rules; Drivers of Vehicles; Public Vehicles; Licenses; etc.). Vendors- (see Licenses). • Venereal Diseases . 20-301 to 20-319 dangerous to public health . 20-301 • diseases to be reported . 20-30: change of physician : 20-304 city physician; appointment . . 20-315 term of office . 20-31C compensation . 20-317 powers and duties . . 20-303 obstructing . • 20-314 detention hospital . . 20-309 druggists keep records . 20-31:5 • persons afflicted, given information . . 20-303 protection of others . . . 20-305 reports confidential . . . 20-306 quarantine . . . - 20-310 . bond or guarantee in lieu thereof 20-311 spread of, unlawful . . 20-312 violation of ordinance . 20-313 Voting Booth Property, Acquired by City 8-103 to 8-105 • R Walker Addition, in City Limits 7-268 Walls (see Building Code). Walnut Street; Opened, Front to River 27-121 • Wards; Established 29-101 boundaries defined . 29-10 second and third, divided 29-103 voting places.in, property acquired 8-103 to 8-105 Washington Street; Vacated, Twelfth to Missouri Pacific Tracks 27-23' . . vacated, -in Morrison's 3rd Addition 27-233 Waste and Offensive Matter; Disposal of 28-101 to 28-107 constituting nuisance . 28-108 , notice to owners, abatement . 28-101 Water; in Basements . . 5-252 . service from mains . 5-408 standing, constitute nuisance, abated . . 16-103 stagnant, removal. of . 20-211 taking unlawfully . 22-602 Water Mains; Connections with . . 5-408 tampering with 22-601 taking water from unlawfully . 22-602 service pipes, laid prior .to paving 26-301 Weapons, Carrying Concealed . 15-160 Weaver's Addition, in City Limits 7-269 . Weaver's 2nd Addition, in City Limits 7-27i• . Weeds; Constituting Nuisance Abated . . 16-102 owner required to cut . . ' 31 101 city_ may cut and assess cost 31 102 levy of special assessment for cutting 31-102 • • GENERAL. INDEX. 393 Sec. Weiglimasters and Measurers (see Public Scales). Welfare Board (see Board of Public Welfare). Wellington's Addition, in City Limits 7-271 Wells' Addition, in City Limits 7-272 West Park Addition, in City Limits 7-273 West Street; Vacated, South to. Morrison 27-235 White Way, Ordinances Relating to . . 32-101 to 32-103 . Widow and Children of Firemen . . 12-103 Wight's Addition, in City Limits . . 7-27: • , Wilson's Addition, in City Limits 7-275, 7-276 Wilson Street; Opened, Santa Fe to Fourth 27-122 Windows (see Building Code). Wires; Over Streets . 5=237, 5-308, 5-904 constituting nuisance . 5-905 removal of, for house moving • 5-803 of electric light company . 22-108, 22-100 of street railway company . 22-203 height above street 23-314 • tampering with . • 22-601 Wiring, Electric (see Building Code): interfering with firemen , 5-326 Wood Beams (see Building Code). • Wooden Awnings . 15-166 Wooden Runways and Culverts in Streets Prohibited 22-21G Woodland Addition, in City Limits n-277 • • • • • • F