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Revised Ordinance Book 1948 REVISED ORDINANCES of the CITY OF SALINA U. KANSAS 1948 t!: Revised and Compiled by C. L. CLARK City Attorney AN ALBERT B. MARTIN Attorney THE REVISED ORDINANCES OF THE • CITY OF SALINA, KANSAS 1948 Authorized by Ordinance No. 5209 Prepared by C . L . CLARK City Attorney AND ALBERT B . MARTIN Attorney Revised. Compiled and Published by Authority of the City of Salina. Kansas Date of 4ublication December 28. 1949 ■ • • • • MACEY IN 'coition CONSOLIDATED PRINTING CS& STATIONERY Co. Printers - Lithographers - Rulers • Bookbinders "Cmrsolidated-Salina"the Imprint of Dependability SALINA,KANSAS • • • • l I gob • • • • AUTHENTICATION STATE OF KANSAS SALINE COUNTY } ss CITY OF SALINA 11 • I, City Clerk of the City of Salina, Kansas, hereby certify that Ordinance No. 5442 pub- lished in this volume and adopting The Revised Ordinances of the City of Salina, Kansas, 1948, and all parts and provisions thereof and all ordinances and parts of ordinances, codified or revised as authorized by Ordinance No. 5209, appearing herein, are true copies of the original ordinances on file in my office; that the city records show that said Ordinance No. 5209 and all other ordinances herein were duly passed by the governing body of said city; that said Ordinance No. 5442 adopting said revised ordinances and this revision becomes effective and constitutes due passage and publication of all ordinances contained in said re. vision, irrespective of title; that fifty or more copies of this book are published; that said publication is official and is to be received in evidence without further proof. I further certify that Ordinance No. 5442 constituting said revision and all matter con- tained therein to take effect upon publication of this Book of Revised Ordinances will take effect and be in force from and after December 28, 1949. Witness my hand and the seal of said city at my office in Salina, Kansas, this 28th day of December, 1949. 1 (SEAL) City Clerk of the City of Salina, Kansas • •t • ORDINANCE NO.5209 An Ordinance authorizing a revision and codification of the ordinances of the City of Salina, and their publication in book form. Be It Ordained by the Board of Commissioners of the City of Salina: Section 1. A revision and codification of the ordinances of the City of Salina, Kansas, is hereby authorized. Such revision shall be made under the supervision of the City Manager and shall be made by C. L. Clark and Albert B. Martin as by contract provided. Section 2. Upon the completion of the revision and codification, the ordinances shall be published in book form as provided by G. S. 1945, Supp., 13-2902 and not less than fifty (50) copies shall be published. The Book shall be known as The-Revised Ordinances of the City of Salina, Kansas, 1947. Section 3. This ordinance shall take effect and be in force from and after its passage and publication in the Salina Journal, the official city paper. Introduced March 10, 1947 Passed March 17, 1947 1947a/ q/// • (SEAL) Mayor Attest: f e /x -✓, • City Clerk ORDINANCE NO.5401 An Ordinance amending Section 2 of Ordinance No. 5209, and repealing said original section. Be It Ordained by the Board of Commissioners of the City of Salina: Section 1. That Section 2 of Ordinance No. 5209 is hereby amended to read as follows: "Section 2. Upon the completion of the revision and codification, the ordinances shall be pub- lished in book form as provided by G. S. 1945, Supp., 13-2902 and not less than fifty (50) copies shall be published. The Book shall be known as The Revised Ordinances of the City of Salina,Kansas, 1948." Section 2. , Section 2 of Ordinance No. 5209 is hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its passage and publication in the Salina Journal,the official city paper. Introduced,June 27, 1949 • Passed,July II, 1949 /J «yea-CJ�l.U�i�u/ (SEAL) Mayor Attest: t5�"fs City Clerk 4 r6 • • CONTENTS • CHAPTER 1.-ADMINISTRATION CHAPTER 10.-FIRE PREVENTION Page No. Art. I. Fire Prevention 83 Art. I. Board of Commissioners 7 Art. 2. Inflammable Liquids 87 Art. 2. The City Manager 8 Art. 3. Administrative Departments 8 • Art. 4. General Matters 13 CHAPTER 11.FOODS Art. 5. Bonds of City Officers and Employees 13 Art. 1. Eating and Drinking Establishments . . . . 91 Art. 6. Salaries and Wages 14 Art. 2. Meat 94 Art. 7. Seal of the City of Salina 15 Art. 3. Milk and Dairy Products 98 Art. 8. Industrial Development 15 Art. 9. Library Board "15 CHAPTER 12.-HEALTH Art. 10. Trustees of Memorial Hall 16 Art. 11. City Planning Commission 16 Art. I. General Nuisances 109 Art. 12. Plumbers Examiners Board 17 Art. 2. Venereal Diseases '09 Art. 13. Board of Public Welfare 18 CHAPTER 13.-LICENSES AND CHAPTER 2.-AIRPORT AND AIRCRAFT BUSINESS REGULATIONS Art. 1. Airport and Aircraft 21 Art. 1. License Taxes 113 Arc 2. General Provisions 1 115 CHAPTER 3.-ANIMALS Art. 3. Auction Sales 117 Art. 4. Carnival, Circuses, Tent Shows 120 Art. 1. Animals and Fowls 25 Art. 5. Cereal Malt Beverage Retailers - 121 Arc 2. Dogs 26 Art. 6. Dances 125 Art. 7. Fireworks 128 CHAPTER 4.-BONDS Art, 8. Junk Dealers 130 Art. I. Bonds of Contractors, Licensees, etc. 29 Art. 9. Music Machines 132 Art. 10. Pawnbrokers and Second Hand Dealers 133 CHAPTER 5.-BOUNDARIES Art. I I. Pool and Billiard Halls, Shuffle Boards and Art. 1. Boundaries of the City .31 Bowling Alleys 133 Art. 12. Public Vehicles; Licenses in General 136 • CHAPTER 6.-BUILDINGS Art. 13. Taxicabs 137 Art. 14. Loudspeakers 145 Art. 1. Fire Limits 35 Art. 15. Alcoholic Liquors 146 Art. 2. Building Code 35 Art. 16. Arcades 146 Art. 3. Electrical Code 52 Art. 4. Plumbing Code 55 CHAPTER 14.-NUISANCES Art. 5. Gas Piping and Fixtures 63 Art. 6. Moving Buildings 67 Art. I. Radio Interference 149 Art. 7. Demolition, Removal and Repair-Structures 69 Art. 2. Smoke 149 Art. 8. Unhealthful Structures 70 Art. 3. Snow and Ice on Sidewalks 150 Art. 4. Trespassing Nuisances 151 CHAPTER 7.-CEMETERY Art. 5. Weeds 151 • Art. I. Cemetery 73 CHAPTER 15-OIL AND GAS WELLS CHAPTER 8.-COURTS Art. 1. Oil and Gas Wells 153 Art. 1. City Court 75 Art. 2. Police Court . 77 CHAPTER 16.-PARKS Art. I. Parks 155 CHAPTER 9.-FIRE DEPARTMENT Art. 1. Fire Department 79 CHAPTER 17.-POLICE DEPARTMENT Art. 2. Relief Association 80 Art. 1. Police Department 157 • CONTENTS-Continued CHAPTER 18.-PUBLIC OFFENSES CHAPTER 24.-TRAFFIC Art. 1. General Provisions 159 Art. 1. Definitions 203 • Art. 2. Acts Declared Unlawful 159 Art. 2. Obedience to Ordinance 205 Art. 3. Offenses Against Persons 159 Arr. 3. Licenses 205 Art. 4. Offenses Against Property 159 Art. 4. Traffic Control 206 Art. 5. Offenses Affecting•the Administration of Art. 5. Accidents • 207 Justice .162 Art. 6. Unlawful Driving 208 Art. 6. Offenses Against Public Morals and Arc. 7. Speed Regulations 209 Decency 162 Art. 8. Driving Regulations 210 Art. 7. Offenses Against Peace and Order 165 Art. 9. Signals 211 Art. 8. Offenses Relating to Obscene Advertise- Art. 10. Street Restrictions 212 ments and Publications 165 Art. 11. Pedestrians 214 Art. 9. •Offenses Relating to Animals 166 Art. 12. Safety Zone 214 Art. 10. Offenses Relating to Lotteries and Slot Art. 13. Trains and Railroads 214 Machines 166 Art. 14. Stopping and Parking 215 Art. 1 I. Miscellaneous Offenses 167 Arc 15.• Riding Vehicles 220 Art. 12. Narcotic Drugs 1,70 Art. 16. Bicycles, Etc. 220 Art. 13. Alcoholic Liquors 171 Art. 17. Miscellaneous ' 221 Art. 18. Lights and Lamps 222 CHAPTER 19.-PUBLIC UTILITIES Art. 19. Equipment • 225 Art. 20. Explosives 226 Art. 1. Miscellaneous Regulations 175 Art. 21. Weights, Widths, Heights and Loads . . . .226 Art. 22. Penalties 228 Art. 23. Parking Meters 228 CHAPTER 20.-REFUSE Art. 1. Trash, Waste, Garbage, Etc. 177 CHAPTER 25.-TRAILER CAMPS Art. 1. Trailer Camps 233 CHAPTER 21.-SEWER CONNECTIONS: VAULTS: CESSPOOLS CHAPTER 26-TREES Art. L Sewers, Repairing Connections To . . . .181 Art. 1. Trees 237 Art. 2. Cesspools and Vaults , 181 CHAPTER 27.-WARDS CHAPTER 22.-SIGNS Art. 1. Wards 239 Art. 1. Bill Boards 185 CHAPTER 28.-WATERWORKS CHAPTER 23.STREETS Art. I. Waterworks 243 Art. 1. House Moving 189 Art. 2. Numbering of Buildings 191 CHAPTER 29.ZONING Art. 3. Driveways 192 Art. 1. Zoning 247 Art. 4. Excavations 193 Art. 2. Additions to "B"'Residence District 259 Art. 5. Grades; Bench Marks 195 Art. 3. Additions to "C" Commercial District . . .261 Art. 6. Miscellaneous Matters Relating to Streets 196 Art 4. Additions to "D" Light Industrial District.268 Art. 7. Protection of Paving and Sidewalks 196 Art. 5. Additions to "E" Heavy Industrial District 270 Art. 8. Construction and Maintenance of Intersec- tions with Railroads 197 Art. 9. Street Lights at Railroad Crossings 197 CHAPTER 30.-REVISION MATTER , Art. 10. Service Pipes and Sewers Ahead of Paving 199 ' Art. 1. Revision Matter 271 Art. 11. Sidewalks, Curbing, Guttering, Drive- Appendix 273 ways, Etc. 199 Index Back of Book CHAPTER 1-ADMINISTRATION 13 ARTICLE 4. General Matters 1-501. Conditions of Bonds. The bonds of officers, 1-401. Manager may act in any capacity deputies, and employees required to give bond shall be 1-402. Does not restrict offices and positions conditioned as required by statute or as otherwise re- 1-403. One person may hold more than one office quired by ordinance and where no condition is speci- 1-404. Manager may appoint employees fled by statute or by ordinance, the bond shall be condi- 1-405. Telephone operators tioned for the faithful performance of duties. (Revised, 1.406. All officers to take oath 1948) 1-401. Manager May Act in Any Capacity. The 1-502. Sureties; Approval; Filing. The bonds shall city manager may perform the duties of any officer be surety company bonds unless otherwise provided by whose office he is qualified to fill and in such cases the statute or ordinance, shall be approved as to form by appointment or employment of such officer may be dis- the city attorney and be approved by the board of com- pensed with. (Revised, 1948) - missioners and shall be filed with the city clerk, except 1-402. Does Not Restrict Offices and Positions. that the city clerk's bond shall be filed with the city trea- Nothing herein shall be construed as limiting the number surer. (Revised, ]948) of offices and positions that may be.created. Other of- 1-503. Bonds Given Before Taking Office or Em- fires and positions may be created by other ordinances. ment. No person shall perform any of the duties of the (Revised, 1948) office or employment to which he is appointed without 1-403. One Person May Hold More Than One Of- first having given the bond as required and after its ap- fice. The manager may appoint one person to hold and prove!, and the giving of a bond, if a bond is required, perform the duties of more than one office; provided, shall be considered as one of the qualifications necessary that one person may not hold offices which are incom- to be met in qualifying for office. (Revised, 1948) patible or when such dual holding is prohibited by law. 1-504. Bonds to be Kept in Force. No person shall (Revised, 1948) continue to perform the duties of any office or employ- 1-404. Manager May Appoint Employees. The ment for which a bond is required after the bond has manager shall have power to appoint such employees in expired or has been cancelled or for other reason is not and for the various departments as may be necessary to in effect. (Revised, 1948) the efficient operation of the city's business, and remove 1-505. City to Pay Bond Premium. The premium such employees at his pleasure. (Revised, 1948). of any licensed company on the bond of any officer, 1-405. Telephone Operators. The city manager deputy, or employee shall be allowed and paid by the shall employ such number of telephone operators as may City of Salina, (G. S. 1945 Supp., 78-III) (Revised, be necessary for the conduct of the affairs of the city but 1984) such operators shall not be a part of any department or 1-506. Not to Affect Bonds in Force. No bond of any department or subdivision within any department or any officer or employee when in force at the time this within or subject to any rules or regulations thereof or revision shall take effect shall be affected, provided, that any ordinances or statutes pertaining thereto. (Revised, if a bond in a greater amount is required the officer or 1948) employee is hereby ordered to increase the amount of 1-406. All Officers to Take Oath. All elected or bond to meet the amount required. (Revised, 1948) appointed officials and officers shall, before entering upon the duties of their respective offices, take and sub- 1-507. Bonds Required. The following officers and , scribe an oath or affirmation,as follows: employees shall give bond in the following amounts and "I do solemnly swear (or affirm, as the case may be) conditioned as stated: that I will support the Constitution of the United States 1. City manager,five thousands ($5,000) dollars and the Constitution of the State of Kansas, and faith- 2. Superintendent of department of waterworks, five fully discharge the duties of thousand ($5,000) dollars So help me God." (Revised, 1948) 3. Where one person is city manager and ex officio superintendent of waterworks department, one bond in ARTICLE 5. Bonds of City Officers and Employees the sum of five thousand ($5,000) dollars (G. S. 1947 1-501. Conditions of Bonds Supp., 12-1013), (See also G. S. 1945 Supp.. 13.2402) 1.502. Sureties;Approval; Filing 4. Director of finances, five thousand ($5,000) dol- 1-503. Bonds Given Before Taking Office or Em- lays. ployment 5. City Clerk, five thousand ($5,000) dollars. 1-504. Bonds to be Kept in Force 6. Deputy city clerk, five thousand ($5,000) dol- 1-505. City to Pay Bond Premium tars. ' • 1-506. Not to Effect Bonds in Force 7. In the event one person holds the offices of di. 1.507. Bonds Required. rector of finance and deputy city clerk, only one bond 14 ORDINANCES OF THE CITY OF SALINA, KANSAS shall be required in the sum of five thousand ($5,000) 1-605. Park Department. dollars. 1. Superintendent of Parks, per month, 8. City treasurer, not less than fifty thousand month, $300.00. (Sec. 5, Ord. 5359, ($50,000) dollars. Such bond shall be conditioned for 1-10-49) the faithful discharge of his duties; that he will safely keep all public monies entrusted to his care, and save the 1-606. Department of Safety. City of Salina free and harmless from all loss caused by I. Chief of Police, per month, $325.00. neglect of duty or malfeasance in office. The board of 2. Fire Chief, per month, $325.00. (Sec. commissioners shall require the treasurer to give a new 6, Ord. 5359, 1-10-49) bond whenever, in their opinion, the existing bond is in- sufficient; and whenever such new bond is required, he 1-607. Department of Service. shall perform no official act until such bond shall be 1. City Engineer, per month, $325.00. given and approved in the manner aforesaid. (G. S. 2. Superintendent of Streets, per month, 1945 Supp., 13-2107) (Revised, 1948) $325.00. (Sec. 8, Ord. 5359 1-10-49) 9. Cashier of the water department, five thousand 1-608. Department of Finance. ($5,000) dollars. Such bond shall be conditioned for L City Clerk, per month, $150.00. the faithful performance of his duties and for a true and 2. Deputy City Clerk, per month, $250.00. faithful accounting for all moneys that may come into 3. City Treasurer, per month, $75.00. (Sec. his hand by reason of his position. (G. S. 1945 Supp., 7, Ord. 5359, 1-10-49) 13-2403) (Revised, 1948) . Note: Electrical Inspector. Sec. 6-301. 1-609. Waterworks Department. • 1. Superintendent,per month, $325.00 • ARTICLE 6. Salaries and Wages 2. Cashier, per month $190.00. (Sec., 9, Ord. 5359, 1-10-49) 1-601. Salaries and Wages 1-602. Administrative Department 1-610. Miscellaneous. 1-603. Law Department I. Building Inspector, per month, $225.00. 1-604. Department of Public Welfare 2. Superintendent of Sewage Disposal, per 1.605. Park Department month x$300.00. (Sec. 10, Ord. 5359, 1-606. Department of Safety 1-10-49) 1-607. Departmett of Service • 1-608. Department of Finance 1-611. Officers of the City Court. 1-609. Waterworks Department I. Judge of the City Court, per month, 1-610. Miscellaneous $200. • I-611. Officers of the City Court 2. Clerk of the City Court, per month, $150. 1-612. Paid Semi-Monthly 3. Marshal of the City Court, per month, 1-613. Additional Employees $165. (Sec, I, Ord. 5223, 6-2-47, Revised, 1948)' 1.601. Salaries and Wages. That the officers and • employees, which includes all of the officers of the City 1-612. Paid Semi-Monthly. That the salaries and of Salina, Kansas, named in this ordinance shall receive wages of the officers and employees herein provided for the salaries or wages as herein specified. (Sec. 1, Ord. m the preceding sections, and the wages of all other em- .5359, 1-10-49) ployees of the City of Salina, Kansas, shall be paid semi- , monthly. (Sec. 11, Ord. 5359, 1-10-49) 1-602. Administrative Department. 1-613. Additional Employees. The City Manager 1. City Manager, per month, $325.00. (Sec. 2, Ord. 5359, I-]0-49) is hereby authorized to employ such additional em- ployees for the various departments of the City of Salina, • 1-603. Law Department. Kansas, as now exist, or are hereinafter created, as may I. City Attorney,per month, $200.00, be necessary for the efficient operation of such depart- 2-. Police Judge, per month, $100.00. (Sec. ments, and whenever it is necessary to employ any person 3, Ord. 5359, 1-10-49) in any department whose wages are not specifically fixed by this ordinance, including all common labor, the wages 1-604. Department of Public Welfare. of any such employee shall be such as may be fixed by I. City Health Officer, or director, per the City Manager and as may be allowed and paid from month, $250.00. (Sec. 4, Ord. 5359, time to time by the Board of Commissioners. (Sec. 12, 1-10-49) Ord. 5359, 1-10-49) V"/eye • CHAPTER I—ADMINISTRATION 15 ARTICLE 7. Seal of the City of Salina known as the Directors of the Salina Free Public Library, 1-701. Seal consisting of nine (9) members, one of whom shall be the Mayor of the City of Salina, who shall be an ex- 1-701. Seal. The seal of the City of Salina, Kansas officio member of said Board, and the remaining eight is and shall be as herein described, to wit: Two con- (8) members shall he appointed by the Mayor by and centric circles between which are the words "Seal of the with the approval of the Board of Commissioners, all of City of Salina, Kansas," and within the inner circle of said members to be chosen from the residents of the City which are the word "Organized" and the numeral of Salina at large, with reference to their fitness for such • "1870". (Revised, 1948) (G. S. 12-101) office; rovided that no p person holding any official posi- Note: Seal is kept by city clerk. Sec. 1-307. Lion under the City, other than the Mayor, shall be ap- pointed a Director while holding such office. All of the ARTICLE 8. Industrial Development present members of the Board of Directors shall hold P office until the expiration of their respective terms, which 1-801. Industrial Development Department P expire as follows, to-wit: Two on April 5th, 1925, two 1-802. Director of Industrial Development on April 5th, 1926, two on April 5th, 1927, and two on 1-801. Industrial Development Department. That April 5th, 1928. Upon the expiration of the terms of there be and hereby is created and established a Depart- such members the Mayor shall annually appoint two ment of Industrial Development for the administration members of said board who shall hold their office for of the Industrial Fund raised by the industrial levy which four years from and after the 1st day of February of the was voted by the electors of the City of Salina, Kansas, year in which they were appointed, at the City Election in 1945 under and by virtue of the Y s from and thereafter all terms shall be for four years from and after the 1st day terms and provisions of Section 13-1441, 1943 Supp., of February in the of such appointment. G.S. 1935. (Sec. 1,Ord. 5134, 1-2-46) Y te Y ear ppoement. Any vacancy created by resignation, death or otherwise shall 1-802. Director of Industrial 'Development. That be filled by appointment by the Mayor for the unexpired there is hereby created the office of Director of Industrial term only. Such board shall serve without compensation. Development who shall draw a salary as prescribed by (Sec. I,Ord. 3085, 3-2-25) (G. S. 12.1202; 2) ordinance, who shall actively engage in research for the general development of the City of Salina. He shall 1-902. Duties of Board; Expenditures; Treasurer. contact all business concerns that may be interested in Such Board shall effect their own organization and elect locating in Salina and shall assist them in any way officers from their own members, and shall adopt such plausible in locating in the city. He shall obtain neces- by-laws and rules for their own guidance and for the sary pamphlets and brochures to attact firms to investi- government of the Library as they mad deem expedient, gate the advantages of-the city and shall at all times have and not inconsistent with the laws of the State or Kan- research data available to use in promoting business and sas with reference to Public Libraries. They shall have capital interested in the city. He shall aid existing busi- full and complete charge and supervision of the Library ness to the utmost. He shall make reports to the Board and all of the buildings, grounds and rooms set apart of Commissioners as required concerning his activities for that purpose, and shall have all such other and and the results he has obtained. He shall make recom- further duties as may he provided for such Board by the mendations to the Board of Commissioners and keep laws of the State of Kansas. They shall have exclusive them fully advised as to the needs of his office. He shall control of the expenditures of all moneys collected by cooperate with the Chamber of Commerce, and other taxation or otherwise to the credit of the Library Fund, civic organizations to the fullest extent. The information and service available from the Kansas Industrial Com- Salina,fund shall be kept in the Treasury of the City of mission shall be utilized to the greatest possible advant- Salina, and shall he kept separate and apart from other age and he shall perform any other duties assigned to funds. The City Treasurer, upon receiving a certificate him by the City Manager in accord with the intent and signed by the President and Secretary of the Board of purpose of this ordinance. (Sec. 2, Ord. 5134, 1-2-46, Directors to the effect that the person named in such Revised, 1948) certificate has been duly elected as the Treasurer of the Library Fund and has given bond as required by law, ARTICLE 9. Library Board shall pay over to such Treasurer all funds collected for 1.901. Library Board Created; Appointment;Terms the maintenance of such Public Library, ro be by such 1.902.• Duties of Board; Expenditures; Treasurer Library Treasurer disbursed under the direction of the Ref: Public offenses relating to library. Sec. 18-415, Board of Directors as by law provided. ' (Sec, 2, Ord. 18-416, 18-417, 18-418. 3085, 3-2.25) (G. S. 12-1204) 1-901. Library Board Created; Appointment; Terms. Note: Offense ordinance and rules to be posted, That there be and there is hereby created a Board to be Sec. 18-418. • • • • • 16 ORDINANCES OF THE CITY OF SALINA, KANSAS ARTICLE 10. Trustees of Memorial Hall provided by the income from such Hall. (Sec. 3, Ord. 1.1001. Memorial Hall Trustees; Board Created 3084, 3-2-25, Revised, 1948) (G. S, 73-407) 1-1002. Powers and Duties of Board ARTICLE 11 City Planning Commission 1.1003. Income; Tax Levy 1-1101. City Planning Commission Created 1-1001. Memorial Hall Trustees; Board Created. 1-1102. Members of Commission; Appointment That the management and control of the Salina Memor- 1-1103. Organization of Commission ial Hall, the Memorial Building erected by the City of 1-1104. Duties of Commission Salina pursuant to the provisions of a certain special 1-1105. Plans and Plats; Regulations election heretofore held in the City of Salina authorizing 1-1106. Plats Approved by Board of Commissioners; the issue of bonds for the payment thereof in accordance Filed with the Register of Deeds with the provisions of Chapter 256 of the Laws of the 1-1107. City Open Streets; Plats Illegal Srate of Kansas, 1921, be and the same is hereby vested Ref: Zoning,Chap. 29; • in a Board of Trustees, consisting of three members, at (cast two of whom shall have seen service in the army, 1-1101. City Planning Commission Created. That navy or marine corps of the United States in time of there be and there is hereby created a Commission to be war, to be appointed by the Mayor of the City of Salina, known as the City Planning Commission of the City of Said Trustees shall be residents of the City of Salina, Salina. (Sec. I, Ord. 3083, 3-2.25) (G. S. 12-701) each of whom shall be appointed for the term of three 1-1102. Members of Commission; Appointment. years, from the first day of April in the year of such The City Planning Commission shall consist of 9 mem- appointment; Provided, that the term of no two members bers, all of whom shall be taxpayers of which number two • shall expire in the same year, and provided further that members shall reside outside of but within three miles of all members hereafter appointed shall be so appointed the corporate limits of the City of Salina, and the re- upon the expiration of the term of office of the Trustees maining members shall be residents of the City of Salina holding office at the time of the taking effect of this and shall be appointed by the Mayor by and with the ordinance, Any vacancy on said Board by reason of consent of the Board of Commissioners. That said mem- death, resignation or other disability of any of said mem- hers shall serve for terms of three years from the first day bers shall be filled for the unexpired term of the member of May of the year in which they are appointed, pro- causing such vacancy. Said Trustees shalt serve without vided, however, that vacancies caused by death, resigna- compensation and shall make annual reports and Lion or other disability of any member shall be filled for recommendations to the Board of Commissioners of the the unexpired term only. 'That the members of such City of Salina, respecting the management and use of commission shall serve without compensation and shall said building and the needs thereof. (Sec. 1, Ord. 3084, perform the duties and have the powers hereinafter 3-2-25, Revised, 1948) (G. S. 73-407) } provided for; and provided further, that the members of I-1002. Powers and Duties of Board. That the the City Planning Commission now holding office as such Board of Trustees shall have sole charge and manage. shall continue to hold such offices as members of the ment of said Salina Memorial Hall and shall have Commission hereby created until the expiration of the authority to lease all or any part of said building for terms for which they were heretofore appointed. (Sec. hire to any person or persons desiring to lease the same 2, Ord. 3083, 3-2-25, Revised, 1948) (G. S. 1947 Supp., for a term not to exceed one year at a time and to fix 12-702) the rate and terms upon which the charge shall be made 1-1103. Organization of Commission. The mem- and collected therefor, and to make such provisions for bers of the City Planning Commission shall meet at least the use of said buildings as they may deem necessary and once a month at such time and place as they may fix by proper. (Sec. 2, Ord. 3084, 3-2-25, Revised, 1948) (G, resolution. They shall select one of their number as S. 73-407) Chairman and one as Vice-Chairman, who shall serve one year, or until their successors have been selected. 1-1003. Income; Tax Levy. That all of the income received and derived from the use of said hall shall be Special meetings may be called at any time by the Chair- paid by said Board into the City Treasurer of the City of man or in his absence by the Vice-Chairman. A Majority Salina to be kept in a fund to be known as the Memorial of the Commission shall constitute a quorum for the Hall Fund, and all expenses of maintenance and other transaction of business. The Commission shall cause a expenses in connection with said Memorial Hall shall be proper record to be kept of its proceedings. (Sec. 3, paid out of such fund, on vouchers approved by the Ord. 3083, 3-2-25) (G. S. 12-703) Chairman of said Board and duly appropriated by 1-1104. Duties of Commission. The powers and Ordinance, and the Board of Commissioners may an- duties of the Commission shall be to make plans and nually levy a tax as provided by law to take care of the maps of the whole or any portion of the City of Salina expenses and maintenance of such Memorial Hall not and of any land outside of the City, which in the opinion • • • CHAPTER 1—ADMINISTRATION 17 of the Commission, bears relation to the planning of streets and to the mapped plan for adequate and con- the City of Salina and to make changes•in such plans or venient open spaces for traffic, utilities, access of fire- maps when it deems the same advisable. Such maps or fighting apparatus, recreation, light, and air, and for the plans shall show the Commission's recommendations for avoidance of congestion of population, including mini- new streets, alleys, ways, viaducts, bridges, subways, park- mum width and area of' lots. (Sec. 5, Ord. 3083, 3-2-25, ways, parks, playgrounds or any other public ground or Revised, 1948) (G. S. 12-705) public improvement and the removal, relocation, widen- 1-1106. Plats Approved by Board of Commissioners; ing or extension of such public works then existing with Filed with Re ister of Deeds. Any corporation view to the systematic planning of the municipality, g Y Person or corpo desiring the Commission shall make recommendations to desiring to subdivide any tract of land within or touch- and of Commissioners of the City of Salina concerning ing the boundary line of the City shall plat the same so the as to conform to plats, streets and alleys of said City the location of streets, transportation and communication next adjoining said land, and shall submit the plat there- facilities, public buildings and grounds and other civic improvements and matters affecting the appearance of °f, together with an abstract of title to the Governing the City, and shall make such recommendations as they Body of said City;for approval before filing said plat in deem proper relative to any matters'concerning the lo- be office of the Register of Deeds. No reservation shall be made in the dedication of the streets, alleys or public cation of buildings, or other matters which may be re- • grounds by said grantor in any such streets, alleys or ferred to them by the Board of Commissioners. When- public grounds for any purpose whatsoever. When any ever the Commission shall have made and agreed upon such plat is filed with the Board of Commissioners of the a plan for the development of the municipality or any City of Salina for approval the same shall be referred to portion thereof, such plan or plans shall be submitted to the City planning Commission for their recommendation, the Board of Commissioners for their consideration and action. (Sec. 4, Ord. 3083, 3-2-25) (G. S. 12-704) as provided by the preceding section of this ordinance. No plat or any land of which the streets and alleys do Note: Establishment of Public Grounds, Barker v. not conform to the streets and alleys next adjoining shall Kansas City, 142 K. 347; Puhr v. Kansas City, 142 K. be legal unless the same shall be submitted to the Board 704. , of Commissioners of the City of Salina and by such 1-1105. Plans and Plats; Regulations. All plans, Board of Commissioners approved, or if any reservation plats and replats ob lands laid out in building lots and is made by the grantor in any street, alley or public the streets, alleys or other portions of the same intended ground contained in any such plat. .(Sec. 6, Ord. 3083, to be dedicated for public use, or for the use of pur- 3-2.25) (G. S. 13-1413) chasers or owners of the lots fronting thereon or adjacent 1-1107. City Open Streets; Plats Illegal. Whenever thereto, and plans and descriptions of• all streets, alleys any plat is filed, the streets or alleys of which do not con- or public ways intended to be deeded or dedicated for form to the streets and alleys of the City of Salina pre- public use, or for the use of purchasers or owners of the viously platted and next adjoining such plat, the City of land fronting thereon or adjacent thereto which is not Salina shall have the right, if such plat was nor duly ap- intended to be platted into lots or other designated tracts, proved by the Board of Commissioners of the City of and located within the city limits, or any addition or Salina, to open any street or alley through such land, plan of streets or public ways located outside of the city which may conform to the streets or alleys adjoining limits. provided such territory is within Saline county such plat, and in opening any such street such plat shall and entirely or in part within three miles of the nearest be regarded as not having been filed, and the owners of point of the city limits of said city, shall be submitted to the property through which such streets or alleys are the city planning commission for their consideration, opened, or of any other property affected by such open- . and their recommendation shall then be submitted to the ing, shall have recourse for such damages as they may governing body for their official consideration and sustain against the grantor or grantors in said plat in action. And no such plat or replat or dedication or accordance with the provisions of Section 13-1413 of the deed of street or public way shall be filed with the register General Statutes of Kansas, 1935. (Sec. 7, Ord. 3083, of deeds as provided by law until such plat or replat or 3-2-25, Revised, 1948) (G. S. 13-1413) dedication or deed shall have endorsed on it the fact that it has first been submitted to the City Planning Commis- ARTICLE 12. Plumbers Examiners Board sion and by the City Planning Commission to the govern- 1-1201. Plumber's Certificate Required ing body of said city and by such governing body duly 1-1202. Examination by Board approved. Before exercising the powers referred to 1-1203. Board of Examiners; Appointment; Term; above, the city planning commission shall adopt regula- Compensation Lions governing the subdivision of land within its juris. 1-1204. Times and Places for Examination; What diction. Such regulations may provide for the proper Examination Shall Cover; Certificates; Fees area of streets in relation to other existing or planned 1.1205. Rules and Regulations • • 18 ORDINANCES OF THE CITY OF SALINA, KANSAS 1--1206, Violation and Penalty appointment, meet, and shall then designate the times Ref: Plumbing Chap. 6,Art.4 and places for examination of all applicants desiring to engage in or work at the business of plumbing within 1-1201. Plumber's Certificate Required. No person their jurisdiction. Said Board shall examine said ap- shall engage in or work at the business of plumbing, plicants as to the practical knowledge of plumbing, house either as a master plumber, employing plumber or as drainage, and plumbing ventilation, and, if satisfied of journeyman plumber in the City of Salina, Kansas, unless the competency of such applicants, shall thereupon issue • and until a certificate has been obtained by him therefor a certificate to such applicant, authorizing him to engage as provided for and in accordance with the provisions of in or work at the business of plumbing, either as master this ordinance, or after any such certificate has been re- plumber or employing plumber or as a journeyman yoked as provided for in this ordinance or similar ordi• plumber. The fee for the certificate for a master nances of any city of Kansas having a population of plumber or employing plumber shall be five dollars; for seven thousand or more, all as provided by Chapter 12, a journeyman plumber it shall be two dollars. Said cer- Article 15, General Statute; of 1935. (Sec. I, Ord. tificate shall be valid and have force throughout the 4980,9-3-40 Revised; G. S. 12.1501) state; Provided, that all persons holding certificates from 1.1202. Examination by Board. Any person desir- other cities pursuant to the requisites of Art. 15 of Chap. ing to engage in or work at the business of plumbing, 12, General Statutes, 1935, shall be entitled to the privi- either as a master plumber, employing plumber or jour- loges of other persons certified hereunder, And all fees neyman plumber in the City of Salina shall make ap- received for said certificate shall be paid into the trea- plication to the Board of Examiners hereinafter provided sury of the city. (Sec. 4, Ord. 4980, 9-3-40 Revised • for, and shall at such time and place as said Board may 1948; G. S. 12.1504) designate be compelled to pass such examination as to 1-1205. Rides and Regulations. All plumbers shall his qualifications as said Board may direct, which exam- be governed by the ordinances of the City of Salina rela- inatibn may be made in whole or in part in writing, and tive to plumbing and by such rules and regulations as shall be of a practical and elementary character, but suf- may be provided for by ordinance and for any violation ficicntly strict to test the qualifications of the applicant; of the provisions of any such ordinance, the certificate provided, that any person having a certificate issued by in this ordinance provided for, which may have been a board of plumbers examiners of any city of Kansas issued to any plumber authorizing him to engage in the having a population of seven thousand or more as pro- business of plumbing in the City of Salina, or certificate vided by Chap. 12, Art. 15 of the General Statutes of issued by any other city may be forfeited and revoked 1935 shall be exempt from the provisions of this section, upon recommendation of the Board of Plumbing Ex- (Sec. 2, Ord. 4980, 9-3-40 Revised, 1948) (G. S. aminers, by the Board of Commissioners of the City of 12-1502) Salina, insofar as it relates to and authorizes such person 1-1203. Board of Examiners; Appointment; Term; to engage in the business of plumbing in the City of Compensation. There shall be in the City of Salina a Salina. (Sec. 5, Ord. 4980,9-3-40 Revised, 1948) Board of Examiners of Plumbers consisting of three 1-1206. Violation and Penalty. Any person who members, one of which shall be a member of the health shall violate any provisions of this ordinance shall be department of the city, who shall be ex officio chairman guilty of a misdemeanor and shall be of said board of examiners; a second member who shall g y punished by a fine of not less than $5.00 nor more than $50.00 for each be a master plumber, and a third member who shall be a and every violation thereof, and each day upon which journeyman plumber, said second and third members any such violation shall continue, and each act constitut- shall be appointed by the Mayor and approved by the ing a violation, shall be deemed to be separate and dis- Board of Commissioners of the City of Salina, which ap- «act offense. (Sec. 6,'Ord. 4980, 9-3.40) poiatment shall be for a term expiring on the first day of May following the effective date of this ordinance, and ARTICLE 13. Board of Public Welfare such members shall thereafter be appointed annually be- fore the first day of May for terms of one year from the 1-1301. Members; How Selected; Term of Office first day of May in the year of their appointment. The 1-1302. Organization of Board; By-laws members of said Board shall receive as compensation 1-1 3 0 3. Board Serve Without Pay; R e g u l a t e such sum as the Board of Commissioners may hereafter Theatres, Dance Halls, Amusements; Issues designate and appropriate for such purpose from the Permits; Penalty treasury of said city. (Sec. 3, Ord. 4980, 9-3-40, Re- 1-1304. Issuance of Permits; Revocation vised 1948; G.S, 12-1503). Ref: Dances, Chap. 13, Art. 6; Carnivals, Circuses, 1-1204. Time and Places for Examination; What etc.,Chap. 13,Art.4; Pool Halls,Chap. 13,Art. 11. Examination shall Cover; Certificate and Fees. Said 1-1301. Members; How Selected; Term of Office. Board of Examiners shall, as soon as may be after their There shall be a Board of Public Welfare consisting of • CHAPTER 1—ADMINISTRATION 19 five members elected by the Board of Commissioners from provisions of this ordinance shall be deemed guilty of a the electors of said city of which two members shall be misdemeanor and upon conviction thereof shall be fined women and three members men, all or any of whom may in any sum not exceeding $100.00. (Sec. 3, Ord. 1923; be removed by the Board of Commissioners at its plea- Amd. Sec. I, Ord. 2377; Amd. Sec. 1, Ord. 2839, sure. (Sec. 1, Ord. 1923, 2-26-1916 Revised, 1948) (G, 8-15-1923) (G. S. 12-1604; 12-1605) S. 12-1604) 1-1304. Issuance of permits; Revocation. Upon ap- 1-1302. Organization of Board; By-Laws. The Plicarion being duly made the said City Board of Public member of such Board of Public Welfare shall annually Welfare shall determine the character of the theatre, elect a president and vice-president and shall adopt such Public dance hall or other place of public amusement or by-laws and regulation as they shall deem proper and recreation, for which permit is sought, and if the board necessary. (Sec. 2, Ord. 1923, 2-26-1916 Revised, 1948) after such investigation, find that the same, or the con- duct or maintenance of the same, will not be detrimental 1-1303. Board Serve Without Pay; Regulate Thea- to the good government of the city or to the preservation 1 tres, Dance Halls, Amusements; Issue Permits; Penalty. of peace and good order, or to the suppression of vice Such Board of Public Welfare and the members thereof and immorality, or injurious to the health of the inhabit- shall serve without pay and shall have the direct super- ants of the city, it shall issue a permit to such person al- vision and regulation of theatres, dance halls and other lowing him to maintain and conduct such theatre, public ' places of public amusement and recreation maintained dance hall, or other place of public amusement or recre- or conducted for profit, and of all theatres, theatrical en- ation within said city until the first day of June there- tertainments or similar performances, dances, dance halls after subject to the power of such Board of Public Wiel- and other places of public amusement and recreation fare to revoke said permit. If said Board, after such in- . maintained or conducted in connection with any business vestigation, finds that maintenance and conduct of such such as restaurants, hotels, drug stores, soft drink parlors place will he detrimental to the good government of the or other similar commercial enterprises, which may be city, or the preservation of the peace and good order of maintained and conducted or operated in the City of the city, or to the suppression of vice or immorality, or Salina for profit and it shall be unlawful for any person detrimental to the health of the inhabitants of the city, to maintain or conduct for profit within the City of Sa- such permit shall be denied. Said Board shall have lima any theatre, public dance hall or other place of pub- power to at any time revoke such permit, after hearing lie amusement or recreation maintained in connection upon five days notice, and a finding of said Board that with any business such as restaurants, hotels, drug stores, the place is being maintained or conducted in a manner soft drink parlors or other similar commercial enterprises, detrimental to the good government of the city, or the after the election of such Board of Public Welfare with- preservation of the peace and good order of the city, or out first having received and having from such Board of to the suppression of vice or immorality, or to the health Public Welfare a permit to maintain and conduct the of the inhabitants of the city. (Sec. 4, Ord. 1923, same, and any person convicted of violating any of the 2-26-1916) (G. S. 12-1606) • • • • CHAPTER 2—AIRPORT AND AIRCRAFT 21 CHAPTER 2. AIRPORT AND "The Salina Municipal Airport" shall be deemed to AIRCRAFT refer to the airport now owned by the City of Salina, ac- quired by said city under the provisions of Section 3-110 ARTICLE 1. Airport and Aircraft Revised Statutes 1923 and located upon the East Half of 2-101. Definition of Terms the Northwest Quarter, the West Half of the Northeast 2-202. Use of Airport Quarter and the West Half of the Southeast Quarter of' 2-103. Federal Law and Regulations to be Followed Section Twenty (20) Township Fourteen (14) South, 2-104. Aircraft License Required Range Two (2) West of the 6th P. M. in Saline County, 2-105. Airman License Required Kansas, and any other land hereafter acquired by said 2-106. Restrictions on Flying City to add thereto, and the word "airport" shall be 2-107. Height of Flying deemed to refer to the Salina Municipal Airport unless 2-108. Dropping Material in Flight otherwise specifically stated. (Sec. 1, Ord. 3769, 8-31-29, 2-109. License Displayed Revised 1948) 2-110. Fraudulent License 2-III. Agreements for Use of Airport 2-102. Use of Airport. The Salina Municipal Air- 2-112. Director of Airport port may be used for the services of all aircraft and pilots desiring to use the same, subject however to such regu- 2-113. Exceptions 2-114. Penalty lations, not in conflict with the laws of the United States and the State of Kansas, as may be imposed by this or 2-101. Definition of Terms. In this ordinance, in any other ordinance of the.City of Salina or by the rules this article, The term "Aircraft" means any machine or and regulations adopted by governing body, and pro- contrivance, except parachutes, used for exhibition pur- vided that all persons using said airport as a permanent poses or for carrying persons or property, propelled or temporary base for commercial or private flying shall through the air and controlled by man, regardless of pay to the City of Salina as compensation therefor, or how propelled or controlled. (G. S. 3-201) for the rental of hangar or storage space thereon, such The term "public aircraft" means an aircraft used ex- sum as may be required by the governing body. Sec. 3, • elusively in the governmental service of the United States Ord. 3769, 8-31-29, Revised 1948) or of any state or territory thereof. The term "civil aircraft" means any aircraft other 2-103. Federal Law and Regulations to be Followed. than a public aircraft, and the word aircraft as used in That the policy, principles and practices established by this ordinance shall be deemed to refer to "civil aircraft" laws of the United States of America, and all amend- unless otherwise specifically stated. ments thereto and the Civil Air Regulations as the same The term "pilot" means any person licensed as re- have been established by the Civil Aeronautics Board of quired by the laws of Kansas to operate aircraft. (G. S. the United States are hereby adopted and extended, and 3-201) made applicable, so far as they may be made to apply, to The term "airman" means any individual (including cover all air traffic in or over the limits of the City of the person in command and any pilot, mechanic or Salina, and to and from said airport, and a copy of said member of the crew) who engages in the navigation of regulations and amendments shall be kept on file in the aircraft while under way, and any individual who is in office of the City Clerk. (Sec. 4, Ord. 3769, 8-31-29, charge of the inspection, overhauling or repairing or Revised 1948) aircraft. The term "person" means an individual, a partner- 2-104. Aircraft License Required. No civil aircraft ship, or two or more individuals having a joint or com- shall be flown in or over the limits of the City of Salina mon interest, or a corporation. or over said airport, or shall land upon or take off from The term "navigate" means to float or sail through said airport or otherwise use the same, for any purpose, the air by means of aircraft including ground maneuvers unless said aircraft shall have an appropriate existing therefor. (G. S. 3-201) license under Federal Law. (Sec. 5, Ord. 3769, 8-31-29) The term "solo stage" means that point in the course 2.105. Airman License Required. No person shall of flying instruction, where a student undertakes to pilot act as aii airman of any civil aircraft when such aircraft aircraft alone as provided herein. is flown or operated in or over the limits of the City of The term "flight" shall include every kind of locomo- Salina or over said airport, or when the same shall land Lion by aircraft. upon or take off from said airport or otherwise use the The term "limits of the city" means the land within, same, unless he shall have an appropriate existing license or the air above the land within, the geographical under Federal law; provided that no person undergoing boundaries of the City of Salina as now or hereafter de- instruction which will qualify him as a pilot, shall be re- fined, and the Salina Municipal Airport and above the quired'to have a pilot's license until he has reached the same. "solo stage". (Sec. 6,Ord. 3769,8-31-29) • 22 ORDINANCES OF THE CITY OF SAUNA, KANSAS • 2-106. Restrictions on Flying. That no aircraft in my or permanent base for any aircraft owner or operated the air over the limits of the City of Salina or said air- by any such person for commercial flying or for the port, or landing upon or taking off from the same or instruction of students in flying or for any other pur- ' otherwise using the same, shall be guided or controlled pose, for such compensation in any case as the Board by the pilot in a manner designed to give demonstration of Commissioners may deem reasonable and proper, and of trick or "stunt" flying or aerial acrobatics, or be given the Board of Commissioners shall have the right to regu- any manipulation of the controls which may tend to ate the charges made to the public by any person using divert the aircraft from a normal flight with every con- said airport for local commercial flying or air taxi serv- sideration of safety and stability. (Sec. 7, Ord. 3769, ice, and the charges made for instruction in flying by 8-31-29) any person using such airport for such purpose, and may Prohibit any excessive or exhorbitant charges made by 2-107. Height of Flying. No aircraft shall fly over the limits of the City or over said airport at a height any such persons, and each person who may have here- lower than that enabling such aircraft to glide in any tofore or may hereafter enter into an agreement for the emergency, and at all times, to a known established or use of such airport or any part thereof shall abide by all recognized open or unobstructed place, and in no event of the provisions of this article and of any ordinance under 1,000 feet; provided however that these restrictions hereafter adopted, and shall abide by and shall conform with all of the rules and regulations made and adopted shall not apply in the event of a fog, forced landing, or g P at the beginning or end of a flight, provided such aircraft for such airport, and if any such person or any agent, shall maintain the height herein required as long as may servant, representative or employee of any such person shall violate any of the provisions of any such ordinance, be consistent with a safe landing, and shall acquire the height herein required as soon as may be consistent with rules or regulations or upon notice and demand shall re- height safe take off. (Sec. 8, Ord. 3769, 8.31-29) fuse to comply with the same, such person may there- after be denied any further use of said airport or any 2-108. Dropping Material in Flight. No person part thereof and any contract or agreement which may- shall cause or permit to be thrown out, discharged or be in existence at such time may be automatically re- dropped from any aircraft in or over the limits of the yoked and suspended, such penalty to be in addition to City of Salina or said airport any ballast, instruments, any other penalty which may be provided for in this tools, containers or any other article of any kind, unless ordinance. (Sec. 12, Ord. 3769, 8-31-29, Revised 1948) it be directly over a place established for that purpose, and all equipment and articles carried in aircraft shall 2-112. Director of Airport. The City Manager be securely and accurately fastened in place before leav- may be director or appoint a Director of the Salina ing the ground. (Sec. 9,Ord. 3769, 8-31-29) Municipal Airport and it shall be the duty of the director to enforce the provisions of all ordinances and laws 2-109. License Displayed. I[ shall be unlawful for relating to said airport and to aircraft using the same any person to own or operate any aircraft in or over and all rules and regulations which may be adopted the limits of the city or over said airport, or to land pursuant to this ordinance. Such director shall by virtue upon, take off from or otherwise use said airport unless of his office be a special p police officer of the City of a license issued under the Federal Law, or evidence of Salina, and each such special officer, and any other regu- the existence thereof as required by Federal Law, shall tar or special police officer of the City of Salina shall be • be conspicously displayed on and attached to said air- authorized and it shall be their duty to enforce all of craft, and unless the pilot navigating any such aircraft the provisions of this ordinance and any other ordi- shall have in its possession an existing license or cerb- nances or laws relating to said airport or to aircraft ficate issued by the Federal Government. (Sec. 10, Ord. using the same and any and all rules and regulations 3769, 8.31-29, Revised 1948) adopted pursuant to this ordinance. (Sec. 13, Ord. 3769, 2.110. Fraudulent License. It shall be unlawful for 8-31-29, Revised 1948) • any person to have in his possession any fraudulent, forged or counterfeit certificate or license, purporting to 2-113. Exceptions. The provisions of this article license the aircraft operated or owned by or in the shall nor apply to civil aircraft or airmen when ex- possession of any such person, or for any such person to elusively engaged in commercial flying constituting an operate or to direct or cause the operation of any air- act of interstate or foreign commerce, nor to public air- craft under any fraudulent, forged or counterfeit license craft. (Sec. 14,Ord. 3769, 8.31-29, Revised 1948) • or certificate, or any license or certificate which may have 2-114. Penalty. If an expired, or which may have been revoked or cancelled. ry' any person shall violate or cause, permit or direct the violation of any of the pro- (Sec. 11,Ord. 3769, 8-31-29) visions of this article, or any of the rules and regulations - 2-111. Agreements for Use of Airport. The Board adopted and in effect pursuant to the provisions of this of Commissioners may enter into agreements with any article, or shall fail to do any of the things required to person or persons for the use of such airport for temper- be done by the provisions of this article or of such rules • CHAPTER 2—AIRPORT AND AIRCRAFT 23 and regulations such person shall be deemed guilty of a and each day's violation of any of the provisions of this misdemeanor and upon conviction shall be fined in any article or of any of such rules or regulations shall be sum not exceeding $500.00, or may be imprisoned for a deemed to prohibit the presecution of any person for term not exceeding thirty days, or may be punished by more than one offense on the same day. (Sec. 15, Ord. both such fine and imprisonment for each such offense, 3769, 8-31-29, Revised, 1948) • • • • • • • • a i , IP I CHAPTER 4—BONDS 29 CHAPTER 4. BONDS some surety company admitted to do business in the • ARTICLE 1. Bonds of Contractors, Licensees,Etc. State of Kansas and maintaining a local' agent in the City of Salina, and that no bond not countersigned by 4-101. License and contract bonds; surety company; the Company's agent in the City of Salina will be ac- local agent cepted and approved by the Board of Commissioners of said City. (Sec. 1, Ord. 3299, 7- - 1, Revised, 194 4-102. Bonds signed by principal as well as surety y' ( 1 O 32 23 2 Rid 1948) 4-103. Approved by city attorney and city commis- 4-102. Bonds signed by principal as well as surety. sion All bonds provided for in the preceding section shall be 4101. License and contract bonds; surety company; signed and executed by the party or parties from whom local agent. That all bonds for the use, benefit or pro- such bonds arc required in addition to the sureties on pro- tection of the City of Salina required to be taken by the said bonds, and except where otherwise provided by law statutes of the State and by the ordinances of the City the said bonds shall be made to the City of Salina. (Sec. or by resolution of the Board of Commissioners of said 3, Ord. 2399, 7-23-21, Revised,'1948) - City from any person or corporation to secure the faith- 4-103. Approved by City Attorney and City Cotn- ful performance of any contract with the City, or to mission. All bonds herein provided for shall be sub- indemnify the City against loss, damage or liability grow- mitred to and approved by the City Attorney; and after ing out of any contract with the City, or out of the is- such approval by the City Attorney such bonds shall be nuance of any license or permit by the City where a bond approved by the Board of Commissioners. (Sec. 4, Ord. is required, shall be signed and executed as surety by 2399, 7-23-21). • • • • • • I • CHAPTER 5—BOUNDARIES 31 •CHAPTER 5. BOUNDARIES off channel as now established, being the first point of ARTICLE 1. Boundaries of the City intersection of said lines lying north of the main line right-of-way of the Union Pacific Railroad and lying 5-101. ' Boundaries Described adjacent to Block 10 in Chicago Addition; thence north- 5-101. Boundaries Described. That the corporate easterly down the center line of the channel of the Dry limits of the City of Salina be and the same are hereby Creek cut-off channel as now established to the next in- extended to include the territory added to, taken into and tersection of said line with the center line of Dry Creek; made part; of said City under the provisions of the pre- ceding thence down the center line of Dry Creek as originally sections of this ordinance, and that all of the land existing to its intersection with the west line of Pacific lying within the following described boundary be and Addition, being the west line of the northwest quarter of • the same is hereby declared to be within the corporate the northeast quarter of Section II, Township 14, Range limits of said city and made a part of said city, and that 3; thence north along said line to the north line of said such corporate limits be and the same are hereby defined, Section l 1, thence east along said line of Pacific Avenue as follows: to the intersection of said line of Pacific Avenue to the intersection of said line with the southwesterly line, ex- Commencing at the point of intersection of the cen- tended southeasterly, of Lots 1, 3 and 5 of Block 32 in ter of Ninth Street with the center of Cloud Avenue, Military Addition; thence northeasterly along said line being the corner common to Sections 23, 24, 25, 26, and along the west line of Lots 7 and 9 of said Block 32, Township 14 south, Range 3 west of the Sixth Principal being the westerly boundary of said Block 32 in Military Meridian in Saline County, Kansas; thence west along Addition, to the northwest corner of said Lot 9 in Block the south line of Section 23 to ifs intersection with the 32 thence due west 40 feet to a point; thence due north center line of Pershing Street which point is the south- 132 feet to a point; thence due cast 170 feet'to east line west corner of West Evergreen Park Addition; thence of the alley in said Block 32, thence due north to the north along the west line of said addition to its inter- north line of Harsh Avenue in Military Addition; thence section with the south line of Claflin Avenue as shown east along the north line of Harsh Avenue to the west on the plat of Pleasant View Addition; thence west along line of Twelfth Street in Military Addition; thence north the south line of Claflin Avenue as shown on the plat along the west line of Twelfth Street to the southwesterly . of Pleasant View Addition 340 feet, more or less, to the line of the abandoned railroad right-of-way running intersection of is north and south line which is 30 feet through said Military Addition; thence east to a point west of Lots 9 and 10, Block 5, Beverly Manor Addition; in said abandoned railroad right-of-way due south of the thence north along said north and south line to the south intersection of the northeasterly line of said right-ofi-way line of Jewell Avenuq•being the northwest corner of with the south line of Antrim Avenue; thence north said Park View Addition; thence west along the south line through said point of intersection to the north line of of Highland Court Addition to the southwest corner of Antrim Avenue; thence east along the north line of said addition; thence north along the west line of said Antrim Avenue to the west line of Eleventh Street in addition to its intersection with the easterly line of the Military Addition; thence north along said line, and said right-of-way of the Missouri Pacific Railroad Company; line extended north, through Tucker Park, to the inter- thence north along the east line of said railroad right-of- section of said line with the center line of Euclid Avenue, way to the point of intersection of said line with the being the center line, running east and west, of Section south line, produced east, of Walnut Grove Addition; 2, Township 14, Range 3, thence east along the center thence west along said line to the southwest corner of line of said Section 2 to a point 159.6 feet west of the said addition; thence north along the west line of said southeast corner of the northeast quarter of said Section addition to the south line of Leavenworth Addition; 2 Township 14 south, Range 3 west of the Sixth Principal bring the center line of Walnut Street; thence west along Meridian; thence north 395 feet, more or less, to a point the south line of Leavenworth Addition to the center line in the center of the original channel of Dry Creek (as of Dry Creek; thence in a northerly direction down the - center of said creek co the intersection of the cen- heretofore existing) thence northerly and westerly up the ter line of said creek with the center line of the chart- center of the original channel of Dry Creek to its inter- ncl of the Dry Creek cut-off channel as now es- section with the north line of the south half of the north- tablished, being the first point of intersection of said east quarter of said Section 2; thence east to a point 106.1 lines lying north of Walnut Street; thence north along feet west of the east line of the northeast quarter of said the center line of the channel of said Dry Creek cut-off Section 2; thence south 237.8 feet; thence east 45 feet; channel as now established to its next intersection with thence south 512 fees; thence east 5 feet;; thence south the center line of Dry Creek as originally existing; thence 413 feet; thence west 30 feet; thence south to a point in down the center line of the channel of Dry Creek as the south line of the northeast quarter of said Section 2 originally existing to the point of intersection of said which lies 84.6 feet west of the southeast corner of the line with the center line of the channel of Dry Creek cut- northeast quarter of said Section 2; thence east 84.6 feet • 32 ORDINANCES OF THE CITY OF SALINA, KANSAS to the southeast corner of the northeast quarter of said 627.3 feet along the boundary line of said Country Club Section 2, being also the southwest corner of the north- Heights to the southwest corner of the northwest quarter west quarter of Section 1, Township 14 south, Range 3 of said Section 17, being the southwest corner of said west of the Sixth Principal Meridian; thence north ap- Country Club Heights, thence north along the west line proximately 200 feet along the west line of the northwest of said Section 17 one hundred seventy-two (172) feet, quarter of said Section 1 to its intersection with the center more or less, to a point due east of the southeast corner line of the original channel of Dry Creek; thence down of Lot 7, Mt. Barbara Park Addition; thence west to the the •center of the original channel of Dry'Creek to a .wuthcan corner of said Lot 7, Mt. Barbara Park Addi- point 75.4 feet east of the west line of the northwest tion; thence south 273 feet to a point in the south line quarter of said Section 1; (said point being approxi- of the north half of the northeast quarter of Section 18, mately 230 feet north of the south line of the northwest Township 14, south, Range 2 west of the Sixth Principal ' quarter of said Section 1); thence north to a point 1112.8 Meridian; thence west along the south line of the north feet south of the north line of the south half of the half of said quarter section to the center of said north- northwest quarter of said Section 1; thence west 30 feet; east quarter of said Section 18; thence south 33 feet; thence north 785.2 feet; thence east 327.6 feet to a point thence west along a line parallel with the south line of in the center of the original channel of Dry Creek; the north half of said northeast quarter of said Section thence in a southerly and westerly direction up the center 18, 147.84 feet, more or less, to a point 1172.16 feet east of the original channel of Dry Creek to its intersection of the west line of said northeast quarter of said Section with the north line of College Court Addition, thence 18; thence south along a line parallel with the west line east along the north line of College Court Addition to of said northeast quarter of said Section 18, 330 feet; the center line of a public road known as Fifth Street; thence west along a line parallel with the south line of thence south along said center line of said road to the the north half of said northeast quarter of said Section center of Euclid Avenue; thence east along the center 18 to a point 940.5 feet east of the west line of said north- line of Euclid Avenue and of said Section 1 to the north- east quarter of said Section 18, thence south 658.74 feet east corner of Episcopal Military Institute Addition; along a line parallel with the west line of said northeast thence south along the east line of the alley which lies quarter of said Section 18; thence west 353.83 feet, along along the east side of said addition, and which is the east a line parallel with the south line of the north half of line of said addition, to its intersection with the center said northeast quarter of said Section 18; thence south ' line of Harsh Avenue as shown by the recorded plat of 277 feet along a line parallel with the west line of said said addition; thence east along center line of Harsh northeast quarter of said Section 18, to a point 29 feet Avenue, extended east, to the intersection of said line north of the south line of said northeast quarter of said extended with the east line of the southwest quarter,of Section 18; thence west 586.67.feet to a point 20 feet Section 1, Township 14, Range 3, being the center line north of the southwest corner of the southeast quarter of said section; thence south along the center line of of said Section 18; thence south to the center line of said said Section l and the center line of Section 12, Town- Section 18; thence west along the south line of the north- ship 14, Range 3, being the center line of Front Street, west'quarter of Section 18, Township 14 south, Range to the south line of the main line right-of-way of the 2 west of the Sixth Principal Meridian to the southwest Union Pacific Railroad Company, thence northeasterly corner of the northwest quarter of said Section 18, Town- along the southerly line of said railroad right-of-way to ship 14 south, Range 2 west of the Sixth Principal the east line of said Section 12, thence south along said Meridian; thence west along the south line of the north- line, being the center line of Ohio Avenue, to the center east quarter of Section 13, Township 14 south, Range 3 of the channel of the Smoky Hill River; thence south- west of the Sixth Principal Meridian; thence west along easterly down the center of the channel to said river to the south line of the northeast quarter of Section 13, its intersection with the east line of Lot 2 in Surveyor's Township 14 south, Range 3 west of the Sixth Principal Plat No. 18; thence south along said east line of said Meridian, being the south line of Lot 6 in Surveyor's Lot 2 of the north line of Section 18, Township 14, Plat No. 12, to the intersection of said line with the Range 2, thence east along the north line of said Section center of the channel of the Smoky Hill River; thence 18 to the northeast corner of said section; thence con- southwesterly up the center of,the channel of said Smoky tinning east along the north line of Section 17,Township Hill River to the point of intersection of the center line 14, Range 2 to a point 1880 feet east of the northwest of said channel with the center line of Front Street, ex- corner of said Section 17, being the northeast corner of tended north, such point being the northwest corner of Country Club Heights, thence southerly and westerly Lot one (1) in Garden Home Addition; thence south along the boundary line of Country Club Heights to a along the center line of Front Street to its intersection point 214 feet north and 627.3 feet east of the southeast with the center line of Crawford Street, such point being corner of the northwest quarter of the northwest quarter the southwest corner of the southeast quarter of Section of said Section 17; thence south 214 feet; thence west 13, Township 14 south, Range 3 west of the Sixth Prin- • CHAPTER 5—BOUNDARIES 33 . cipal Meridian; thence east along the center line of thence west along said line, being the south line of said Crawford Avenue, being the south line of said quarter Section 24, to the intersection of said line with the center section 1320.65 feet; thence due south to the center line line of Ninth Street, being the point of beginning. (Sec. of Cloud Avenue, being the southeast corner of the Ad- 2,Ord. 5383, 6-6-49). dition to the Grounds of Kansas Wesleyan University; • • • • • • • 0 • der • CHAPTER 7—CEMETERY 73 CHAPTER 7. CEMETERY to supervise, manage and operate The Gypsum Hill Article 1. Cemetery Cemetery, being a municipal cemetery of said city, under such rules, bylaws and regulations as may be adopted by ARTICLE 1. Cemetery the Board of Commissioners of said city. 7-101. Management 7-102. Employees. That the city manager of said city be and he is hereby authorized to employ such per- 7-102. Employees sons as may be necessary to operate and maintain the 7-101. Cemetery Management. That the city man- said municipal cemetery under the rules, bylaws and ager of the City of Salina be and he is hereby directed regulations of the board of commissioners,aforesaid. • • • • • • • I 1 . / 4 • CHAPTER 8—COURTS 75 CHAPTER S. COURTS Commissioners shall appoint a clerk and marshal of such Article 1. City Court city court who shall be persons of approved integrity pos- sessing the ability to fill such offices. (Sec. 2, Ord. 3767, Article 2. Police Court 8-19-29) ARTICLE 1. City Cdurt 8-103. Jurisdiction; Laws Applicable; Limit of Jur- isdiction of Justices. The Court hereby established shall, 8-101. Establishment of City Court under the limitations and restrictions herein provided, 8-102. Judge,Clerk and Marshal have original jurisdiction in civil cases for the recovery 8-103. Jurisdiction; Laws Applicable; Limit of Jur- of money only and to try and determine the same, isdiction of Justices where the amount claimed does nor exceed one thousand 8-104. Issuance of Process dollars; and the court hereby established shall have juris- 8-105. Commencement of Term of Judge, Clerk, diction of actions for the recovery of specific personal and Marshal; Law Practice by Judge property not to exceed five hundred dollars in value, as 8-106. Qualifications and Residence of Judge, Clerk hereinafter provided. In all other respects the said court and Marshal hereby established shall have the same jurisdiction, civil 8-107. Direction and Execution of Process - 8-108. Salary of Judge,Clerk and Marshal and criminal, as Justices of the Peace now have in this 8-109. Duties of Clerk state, and for the purpose of the jurisdiction hereby con- ferred and of its proper and necessary exercise, all of the 8-110. Docket and Stationery • laws of this state relating to the powers, duties and juris- 8.111. Court Room and Supplies . diction of Justices of the Peace and practices, pleadings 8-I12. Change of Venue • and proceedings in Justice Courts which are not in con- 8-113. Appeals flict with the provisions of this ordinance shall apply to 8-114. Judges Pro Tem said city court and the judge thereof, and to the mode 8-115. Judge, Clerk or Marshal Not to Act as Coun- sel for Party of practice therein, and to the power, original, mesne and final so far as the same may be applicable; Pro- 8-116. Oath of Judge,Clerk and Marshal vided, that after this ordinance shall take effect Justices 8.117. Deposit or Security for Costs of the Peace in such city shall have no jurisdiction of any 8-118. Fees; Collections and Disposition of Fees case, civil or criminal, except in civil actions for the re- and Costs covery of money only where the amount claimed exclusive 8-119. Payment of Moneys by Check to Persons of costs does not exceed the sum of one dollar, but this Entitled ordinance shall not apply to any suit or proceeding 8-120. Bond of Clerk before ustices of the 8-121. Bond of Marshal J peace pending at the time this ordinance takes effect, nor to the enforcement of judg- 8.122. Tenure of Judge,Clerk and Marshal meats theretofore rendered by them. (Sec. 3, Ord. 3767, 8-123. Vacancies 8-19-29) Ref: Sec. 20-1401 to 20-1423, G. S. 1935 and Secs. 20-1405 and 20-1408,G. S. Su 1947. 8-104. Issuance of Process. All writs and processes Pp. of every kind in cases brought or pending in said city 8-101. Establishment of City Court. That there be court shall be issued by the clerk thereof, or in case of and there is hereby created and established in the City of his absence, or being otherwise engaged, then by the Salina pursuant to the provisions of Article 14 of judge thereof in the name of-the clerk, in the same man- 1 Chapter 20 of Revised Statutes of Kansas 1923, being ner as such writs and processes are issued by the clerk ; Sections 20-1401 as amended to 20-1423 inclusive, of of the district court. (Sec. 4,Ord. 3767, 8-19-29) said Revised Statutes, a City Court in and for the City of 8-105. Commencement of Term of Judge,Clerk and Salina, Kansas, which shall be known as "The City Court Marshal; Law Practice by Judge. 'That the offices of of Salina" and that the mayor of the City of Salina by judge, clerk and marshal of said court are hereby treat- and with the consent of the City Commission, shall ap- ed, whose terms of office, respectively, shall commence point a judge of such City Court, a clerk of such City from the date of their respective appointments or from Court and a marshal of such City Court. (Sec. 1, Ord. the date of their election, and who shall hold their of- 3767, 8-19-29) fives for the term of two years and until their successors 8-102. Judge, Clerk and Marshal. It shall be the are elected and qualified, as provided by this ordinance: duty of the Board of Commissioners of said city to select Provided further, that it shall be unlawful for the judge, and appoint as the judge of said city court some attorney marshal or clerk of said court to draw any pleadings in at law who has been admitted to the bar and who is a said court or act as attorney for or to counsel or advise resident,and citizen of such city and such judge shall any person in any case in said court or in any case that hold his office until his successor is elected and qualified. is cognizable by said court either before said case is com- Said mayor by and with the consent of said Board of menced or while same is pending in said court or pending • 76 ORDINANCES OF THE CITY OF SALINA, KANSAS • in any other court in this state, or to act as attorney for 8-110. Docket and Stationery. Said court shall keep or counsel or advise on any legal matter for any person a civil and criminal docket, which shall be furnished by while any case in which such person is a party or is in such city, in which docket must be entered by the clerk any manner interested, is pending in said city court, dur- or the judge every case brought or pending in said court ing his said term of office. (Sec. 5, Ord. 3767, 8-19-29, and all the proceedings had or done therein, in the same Revised, 1948) manner in all respects as is provided by law relating to 8-106. Qualifications and Residence of Judge, Clerk the docket of justices of the peace and such city shall and Marshal. Said judge, clerk and marshal shall at the furnish all necessary and proper stationery for the use of time of their election be qualified voters of such city and said court. (Sec. 10, Ord. 3767, 8-19-29) shall reside therein during their term of office, and the 8-111. Court Room and Supplies. The governing judge of said court shall be a lawyer regularly admitted body of such city shall provide suitable rooms for hold- to practice law in the district courts of Kansas. (Sec. 6, ing said court in such city, and provide for suitable Ord. 3767, 8-19-29) furniture,fuel and lights,and all other necessary inciden- 8-107. Direction and Execution of Process. All °al expenses of said court. (Sec. 11, Ord. 3767, 8-19-29) writs and processes issued by the judge or clerk of said 8-112. Change of Venue. In any civil case brought in court shall be directed to the marshal of said court or to said court,a change of venue may be taken to the district the sheriff of said county in which said city is located, or, court of said county in which said city is located upon when proper, to the sheriff of adjoining or other counties the application of either party, in the same manner as in said state, and shall be executed and returned by such is provided by law for taking changes of venue from officer in the same manner in all respects as now provided district courts of this state. (Sec. 12, Ord. 3767, 8-19-29) by law in relation to writs and processes issued by the 8-113. Appeals. Appeals may be taken from said Clerk of the District Court. (Sec. 7, Ord. 3767, 8-19-29) court to the district court of the county in which such city • 8-108. Salary of Judge, Clerk and Marshal. The is located, in the same manner and to the same extent judge, clerk and marshal of the court shall each receive as provided by law for appeals in cases before justices of for his respective services, such salary as the governing the peace. (Sec. 13,Ord. 3767, 8-19-29) body of such city may from time to time by ordinance 8-I14. Judges Pro Tern. In case of the absence, fix: Provided, That the judge of said court shall receive sickness or disability of the judge of said court, such for his services a salary of two hundred dollars per judge may appoint a judge pro tem of said court, who month; the clerk of said court shall receive for his serv- shall hold court for him and hear and determine any ices a salary of not less than one hundred dollars, nor matter pending therein to the same extent that such more than one hundred fifty dollars per month; the absent or disabled judge might do if personally present, marshal of said court shall receive for his services a and such judge pro tem shall fill such position until the salary of not less than one hundred twenty-five dollars, of said court can be nor more than one hundred sixty-five dollars per month. judge personally present. (Sec. 14, Ord. 3767, 8-19-29) All such salaries shall be paid in monthly installments by such city out of the city treasury; Provided further, That 8-115. Judge, Clerk or Marshal Not to Act as the governing body of such city is authorized to hire Counsel for Party. Neither said judge, clerk or marshal •. such deputy clerks and assistant clerks of said court at shall draw any pleadings in their said court nor act as such times and at such salary as it may by ordinance pro attorney for any person in any such case. (Sec. 15, Ord. vide, and pay the salary of any such deputy clerk or as- 3767. 8-19-29) sistant clerk of said court in monthly installments out of 8-116. Oath of Judge, Clerk and Marshal. The the city treasury. And provided further, That the judge,clerk and marshal of said court shall, before enter- salary of any such deputy clerk or assistant clerk shall not ing upon the discharge of their duties, take and subscribe exceed one hundred dollars per month. (Sec. 8, Ord. an oath to support the constitution of the United States 3767, 8.19-29, Revised, 1948) and of the state of Kansas and to faithfully discharge 8-109. Duties of Clerk. The clerk of said court the duties of their respective offices. Such oaths shall be shall record the proceedings of said court, make out all administered by the clerk of the district court of such writs, processes and other papers necessary to be signed city. (Sec. 16, Ord. 3767, 8-19-29) or issued by said clerk or judge, administer oaths re- 8-117. Deposit or Security for Costs. In all civil quired in judicial and other proceedings before such actions brought in said court, where the plaintiff is a court or the judge thereof, file all papers in cases pending non-resident of the state of Kansas, before summons or in said court, docket cases and set the same for trial, and other process shall be issued therein, a deposit of seven he shall perform such other clerical duties in relation to dollars and fifty cents shall be made by the plaintiff the proceedings in said court as may.be directed by said with the clerk of said court as security for costs in said judge. (Sec. 9,Ord. 3767, 8-19-29) case. The judge of said court may in any case require • • CHAPTER 8—COURTS 77 such security as he may deem sufficient to cover all costs entitled thereto, except as provided in'the next preceding therein: Provided, That in cases where the plaintiff, section hereof. (Sec. 19, Ord. 3767, 8-19-29) being a resident of the county wherein such city is lo- 8-120. Bond of Clerk. The Clerk of said court cared, and having a just cause of action against the de- shall give bond in the sum of two thousand dollars to fendant is unable by reason of his or her poverty to such city, to be conditioned, approved and deposited in give such security, on affidavit made before said clerk or the same manner as bonds of a justice of the peace of judge that such is the fact, no deposit or security for this state. (Sec. 20,Ord. 3767,8-19-29) costs shall be required. In all actions in which security for costs has been given or a deposit been made the de- 8-121. Bond of Marshal. The marshal of said fendant may, upon reasonable notice given to the court shall give bond in the sum of two thousand dollars plaintiff, at any time before final judgment therein, move to such city, conditioned as now required by law for the court for an additional deposit or security for costs, constables, and to be approved and deposited in the same and if on hearing said motion the court be satisfied that manner as bonds of constables in this state. (Sec 21, such security or deposit for costs is not sufficient, it may Ord. 3767,8-19-29) require additional deposit or security for costs to be given 8-122. Tenure of Judge, Clerk and Marshal. The by the plaintiff within a reasonable time, to be fixed by terms of office of the judge, clerk and marshal of said the court, and if not given as required the action may be court shall be for two years, and they shall hold their dismissed: Provided, That where the plaintiff is a respective offices until their successors are elected and resident of such county wherein such city is located, he duly qualified. The term of office of the judge, clerk and may at the commencement of the suit deposit five dollars, marshal of such city court elected at such election shall which shall be in lieu of all security or deposit for costs commence at noon on the first Tuesday following such herein provided, except the jury fee where a jury is election. (Sec. 22,Ord. 3767, 8-19-29) demanded by plaintiff. All costs advanced or paid by the plaintiff shall be returned to him when the same are 8.213. Vacancies. All the vacancies in the office collected from the defendant in the action. (Sec. 17, of judge, clerk or marshal of said court shall be filled Ord. 3767, 8.19-29) by appointment of the mayor and city commission until the next election for city officers occurring more than 8-118. Fees: Collections and Disposition of Fees and thirty days after such appointment. (Sec. 23, Ord. • Costs. In all causes, civil or criminal, brought in said 3767, 8-19-29) court, there shall be taxed therein the same fees as are allowed by law in such cases before justices of the peace ARTICLE 2. Police Court in this state, and when the same are collected they shall 8-201. Witnesses in Police Court; Fees be paid by the clerk of said court, on the first Monday in 8-202. •Employment of City Jail Prisoners each month, to the city treasurer of such city, and all 8-203. Prisoners Confined such costs and fees shall be collected as is provided by 8-204. Prisoners Meals law for the collection of costs in justice courts of this 8-205. 'Prisoners; Refusal to Work; Penalty state, and said city treasurer shall credit the same to the Ref: G. S. 1935, Chap. 13, Art. 6; Paroles, G. S. city funds, and give duplicate receipts for the same, one 1935, Chap. 12, Art. 11, and Supp., 1947; Administra- �� of which shall on the same day be deposited with the City tion, Chap. 1, Art. 3; Police Department, Chap. 17. Clerk by the Clerk of said court, together with a detailed statement of the items of costs, the title of the case in 8-201. Witnesses in Police Court; Fees. It shall be which they were paid,and the name of the parties paying the duty of the Police Judge to summon all persons the same: Provided, That no fees of witnesses or jurors whose testimony may be deemed essential as witnesses at shall be so deposited, but shall be paid by the clerk of the trial of any case in Police Court, upon the request said court to the parties to whom they are due; Provided of either party of the case, and to enforce the attendance further;That all witnesses' fees and jurors' fees collected of such witnesses by attachment when necessary. All pro- and not claimed by the persons entitled thereto, shall at cess issued to secure the attendance of witnesses as herein the end of each six months be paid to the city treasurer, provided may be served in any part of Saline County, and if the same shall not be claimed by the persons en- Kansas, as provided by G. S. 1935, 13-609. If any trial titled thereto within one year from the date of their shall be continued the court may verbally notify such deposit with the said city treasurer, said unclaimed wit- witnesses as may be present at the continuance to attend nesses' and jurors' fees shall be paid into the general fund before him to testify in such case at the time to which of such city' (Sec. 18,Ord. 3767, 8-19-29) the case is continued, and such verbal notice shall be as valid as a subpoena. Witnesses shall receive for each 8-119. Payment of Moneys by Check to Persons En- day's attendance at such court the sum of $1.00 per day, titled. All money paid into said court shall be paid to and five cents per mile for each mile actually and neces- the clerk thereof, who shall pay the same to the party sarily traveled in going to and returning from the place 78 ORDINANCES OFD THE CITY OF SALINA, KANSAS of attendance; Provided, that no witness who resides in section shall not apply to any prisoner physically unable the City of Salina shall be entitled to any such mileage. to work. (G. S. 62-2109; 13-424; Duty to provide work Such witness fees, mileage, and costs of serving any pro- not mandatory, Scholl v. Heumphreus, 136 Kan. 265) cess shall be taxed as costs in the case and assessed Any such prisoner so working shall be credited with against the defendant when convicted, the same as in $2.00 per day on his fine and costs, and when the fine State cases. All witness and mileage fees must be claimed and costs are satisfied by such work he shall be dis- by the filing of a verified demand therefor before the wit- charged from custody. (Revised 1948) ness leaves the place of trial after attending in response 8-203. Prisoners Confined. Such persons as men- to any subpoena or order. No Police officer shall be boned in the entitled to any fee as a witness in Police Court. Costs in- city section, 8-202, confined in the curved on the part of the city shall be city prison and when at work may be secured by such p y paid by the city if the defendant is convicted and shall be unable to pay chains, guards or other means of confinement and re- sti rant as may be necessary to prevent his escape and the the judgment against him. When the defendant is con- p en s esca p victed, no costs incurred on his part shall be paid by the Chief of Police may place such prisoners in the care of city. If it shall appear to the Police Judge that the any policeman or the street superintendent during the prosecution of any case has been instituted without probe time he may be employed at such labor and compel him able cause or from malicious motives, he shall state the to work under their care and direction. (Sec. 4, Ord, name of the person responsible for such 271, 6-24-1879, Revised 1948) p p prosecution m his finding, and shall adjudge the costs of the case against 8-204. Prisoners Meals. The Chief of- Police shall such person, and shall commit such person to jail until cause each prisoner during his imprisonment to be fed such costs are paid or secured to be paid. (Sec. I, Ord. two meals per day, if not working, and three meals per • 3090, 3-16-25, Revised, 1948) day if working, of plain and wholesome food at the ex- 8-202. Employment of City Jail Prisoners. When- pence of the city. (Sec. 5, Ord. 271, 6-24-1879, Re- ever any able-bodied male prisoner is confined in the city vtsed 1948) jail after having been convicted of the violation of any • 8-205. Prisoners: Refusal to Work: Penalty. If any ordinance of the City of Salina and being confined in person liable to be set to work under the provisions of punishment therefor, the chief of police shall, under this Article shall refuse to work when required he shall the direction of the City Manager, compel such.person be kept in close confinement and be fed on bread and to work at hard labor (8) eight hours of every working water only until he shall consent to work. Sec. 7, Ord. day: Provided, however, that the provisions of this 271, 6-24-1879, Revised 1948) CHAPTER 9—FIRE DEPARTMENT 79 CHAPTER 9 FIRE DEPARTMENT I duty,wear such badges and uniforms as the Fire Chief Article 1. Fire Department may direct, and shall perform all duties required of • Article 2. Relief Association them by him for the government of said department. 9-104. Fire Chief Responsible for Department; ARTICLE 1. Fire Department Make Rules; Enforce Orders. The Fire Chief shall be 9-101. Qualifications of Recruits held responsible for the discipline, good order and proper 9-102. Fire Alarm; Off Duty Fireman Report conduct of the entire Fire Department, subject to general 9-103. Wear Uniforms,Badges,Comply with Rules supervision of the City Manager, and for proper care 9-104. Fire Chief Responsible for Department; and maintenance of all fire department stations and all Make Rules; Enforce Orders apparatus and property of the City belonging to the fire 9-105. Chief in Command of Fires; Assistant Chief; department; and shall have power to assign and locate Obstructing Fireman; Penalty employees of the department as shall to him seem to 9.106. Fire Chief Keep Record of Fires; Record of best promote the efficiency of the service, and the proper Men and Inventory of Property care and maintenance of all stations and apparatus, and 9-107. Firemen;Attend Fires shall establish and enforce such rules and regulations, 9-108. Cut Down or Remove Buildings, Etc., to governing the department as he shall deem-necessary. Check Flames (Sec. 4, Ord. 1480, 4-9-09, Revised, 1948) (G. S. 13-704) • 9-109. Fire Guard; Police; Protection of Property; Note: Electrical powers,Sec. 6-305. Keep Idle Away 9-110. Firemen Refuse Duty; Penalty 9-105. Chief in Command at Fires; Assistant Chief; 9-I11. Property of Fire Department; Taking; Obstructing Firemen; Penalty. The Fire Chief shall Penalty have full power, control and command over all persons 9-112. Chief May Require Aid of Vehicles or of at fires; shall have power to remove and keep away Horse or Team; Refusal; Penalty from the vicinity of any fire all idle and suspicious per- 9-113. Disorderly Conduct at Fire; Refusal to Obey sons lurking near the same, and to compel any person or • Order of Fire Chief; Penalty persons present to aid in extinguishing such fires or 9-114. Penalty preservation of property exposed to danger of the same, Ref: Appointment of Personnel, Chap. 1, Art. 3; and in preventing goods from being purloined thereat; Salaries, Chap. 1, Art. 6; Fire Prevention, Chap. 10; and shall station the engine and apparatus, and see to it Right-of-Way for Emergencies, Sec. 24-204; Driving that all members to the Fire Department do the duties Over Fire Hose, Sec. 24.1709; False Fire Alarm, Sec. required of them by law and ordinance; and it shall be 18-705; Firemen's Retirement. Law, Chap. 13, Art. 14a, the duty of the Chief to direct at all fires all such 1947 Supp.; For Authority to go Beyond City Limits in measures as he shall deem most advisable for the ex- Emergencies, 1947 Supp. 12-111; For Contracts with tinguishment of said fire. In the absence of the Fire 1 Townships, etc., Chap. 80, Art. 15, G. S. and Su In- Chief the Assistant Chief or next higher officer m such ' Supp.; De artment shall command and be in control at such vestigation of Fires, G. S. 31-201, 204, 209; Removal of p Combustibles, G. S. 31-205; Fireworks, Sec. 13-710; Fol- fire; and any person who shall hinder, obstruct or resist lowing Fire Apparatus,Sec. 24-1710. the person so in charge of any fire in the performance of his duties, shall be deemed guilty of a misdemeanor 9-101. Qualifications of Recruits, No person shall and, upon conviction, punished by a fine not exceeding become a member of the fire department of the City of One Hundred Dollars. (Sec. 7, Ord. 1480, 4-9-09, Re- Salina who is over the age of twenty-five years unless vised, 1948) (G.S. 13-442) such person is in fit and proper physical condition and shall have taken a physical examination by a physician 9-106. Fire Chief Keep Record of Fires; Record of I selected for such purpose by the City Manager and the Men and Inventory of Property. The Fire Chief shall results of which shall be approved by the City Manager keep or cause to be kept, in a suitable book, a record of and the Chief of the Fire Department. (Sec. 2, Ord. all fires that occur, showing the estimated value of the 4927, 1-16-39) property placed at risk thereby, together with the sup- posed cause of each fire and the amount of insurance in- 9-102. Fire Alarm: Off Duty Firemen Report. volved and the loss incurred. He shall also keep a That when the fire alarm is sounded, such firemen as may record of all men employed in the Department, with the be off duty will immediately report to the Fire Depart- time so employed; also an inventory book, showing at all ment as ready at command of Fire Chief to be summoned times •a list of the property belonging to the City in to assist in the protection of.life and property. (Sec. 2, charge of the fire department together with any other Ord. 2326, 3-20-20) records that may be necessary to show at any time the • 9-103. Wear Uniforms, Badges, Comply with Rules. workings and conditions of said department; and at the All employees of the Fire Department, shall, when on close of each fiscal year he shall make a report to the • • 80 ORDINANCES OF THE CITY OF SALINA, KANSAS City Manager giving a summary of the work done by appliance or other article belonging to any fire apparatus him and his Department and the expenses and general or fire station, or anything used.in any way by the Fire condition of said Department. (Sec. 8, Ord. 1480, Department, and any person who shall willfully injure 4-9-09, Revised, 1948) in any manner any hose, fire engine, or other apparatus or any building containing the same belonging to the 9-107. Firemen: Attend Fires. All firemen, under officers, shall, City of Salina shall upon conviction thereof be fined in the direction and control of their proper o upon alarm of fire, repair to the place of such fire with any sum not exceeding $5000.1 (Sec. 20, Ord. 1480, the engine and other apparatus under their care, and 4-9-09) there work and manage the same under the direction of 9-112. Chief May Require Aid of Vehicles or of the Chief and his assistants, or of the officer having chief Horse or Team; Refusal; Penalty. It shall be lawful control, and shall not remove therefrom except by per- for the Chief of the Fire Department or officer in com- mission of such officer. (Sec. 14,Ord. 1480,4-9-09) mend of any company or for the City Manager, to re- quire the aid of any vehicle or of any horse or team 9-108. Cut Down or Remove Buildings, Etc., To Check Flames. The Fire Department, may, under the found in the city at the time, in conveying any fire direction of the Chief, or in his absence, under the apparatus of any kind to any fire or in case of any drectdirection of the Assistant Chief, cut down or remove any emergency; and if any person shall refuse or neglect to di s erection or fence for the comply with such demand, he shall be liable to paying a building, purpose of checking fine not to exceed $25.00. (Sec. No. 22, Ord. 1480, the progress of any fire, every reasonable effort having 4-1-09,Amd.Sec. 1, Ord.4949,9-18-39) been made to check the flames by other means. (Sec. 15, Ord. 1480,4-9-09) 9-113 Disorderly Conduct at Fire; Refusal to Obey 9-109. Fire Guard; Police; Protection of Pro ert Order of Fire Chief; Penalty. Every person at or near P y' a fire who shall conduct himself in a disorderly manner, Keep Idle Away. At all fires the Police shall act as a mse Y fire guard, under the control and direction of the Fire or neglect or refuse to obey promptly any proper order Chief. It shall be the duty of the fire guard to take of the Fire Chief or his Assistant, or who shall resist, charge of all property removed from the buildings at obstruct, hinder or abuse any officer of the Fire Depart- fires and deliver the same to the Chief, or in his absence, ment, or any Fireman, in the proper discharge of to store or otherwise to protect the same until it is his duties shall, upon conviction thereof, be fined not claimed by the owner or owners and upon such claim less than $10.00 nor more than $100.00 for each offense; to deliver up such property to the owner or owners upon and any of the aforesaid officers or any police officer the payment to the Chief of all expenses necessarily and may forthwith arrest without warrant and take to the actually incurred in and about the care and protection of Police Station any person so offending. (Sec. 23, Ord. such property, and for which a receipt shall be given 1480,4-9-09) by the Chief; and the said fire guard is hereby invested 9-114. Penalty. Any person found guilty of violat- with all necessary authority for the purpose of taking ing any of the provisions of this article for which no charge and possession of such property; and it shall be penalty is hereinbefore named, or who shall refuse or . the further duty of said fire guard to prevent the hose neglect to comply with any of the directions of the Fire from being trodden upon, and to keep all idle and sus- Chief or his Assistant given in accordance therewith petted persons from the fire and its vicinity, and also to shall, upon conviction, be fined not less than five nor use all proper exertions within their power for the pro- more than one hundred dollars for each offense. (Re- tection of property endangered at fires; and all citizens vised, 1948) are hereby enjoined and required to comply with the directions of any of the said fire guards. (Sec. 18, Ord. ARTICLE 2. Firemen's Relief Association 1480,4-9-09,Revised, 1948) 9-201. Officers, By-Laws 9-110. Firemen Reuse Duty; Penalty. Any fire- 9-202. Funds,How Handled man or other person who at a fire shall refuse to obey 9-203. Board of Commissioners, Disbursements the orders or directions given by the officer in charge, 9-204. Funds, Limitation of Use or who shall resist or impede any officer or fireman in 9-205. Funds,Held in Trust proper discharge of his duty, shall, in the absence of a 9-206. Insurance Policies sufficient excuse, be deemed guilty of a misdemeanor and 9.207. Two Pensions at Same Time Prohibited • upon conviction thereof, be fined in any sum nor ex- Ref: Rules and Regulations, rulings and interpreta- ceetling$50.00. (Sec. 19, Ord. 1480,4-9-09) tions of State Insurance Commissioner. 9-111. Property of Fire Department; Taking; 9-201. Officers, By-Laws. The Firemen's Relief Penalty. No person shall willfully and without proper Association of Salina shall be composed of all regularly authority remove, take away, keep or conceal any tool, paid members of the fire department of said city. The • CHAPTER 9—FIRE DEPARTMENT 81 Chief of.the Fire Department and Assistant Chief of the not exceed fifteen per cent of its total assessed valuation Fire Department shall be ex-officio president, and vice- as shown by the last assessment preceding such invest- president, respectively, of said Firemen's Relief Associa- ment. Such purchase must be approved by the Board tion. of Commissioners of the City of Salina, Kansas. Pro- The officers of said association shall consist of a presi- vided further, that it shall be the duty of the City Ar- dent, vice-president, and secretary and a board of di- torney of the City of Salina, Kansas, to examine all rectors which shall consist of the president, vice-president, such bonds as to their validity and report thereon in secretary and two members, all to be selected as provided writing to the Board of Commissioners of the City of by the by-laws of said Firemen's Relief Association. Salina, Kansas, and that no bonds shall be purchased Said association shall adopt such by-laws, rules and by said Firemen's Relief Association of the City of regulations as it may deem advisable in carrying out Salina, Kansas, until they have been approved and found and promoting the objects of said association, not in- valid by the City Attorney. (Sec. 4, Ord. 5196, consistent with this ordinance, or the laws of the State 11-12-46) (G. S. 1947 Supp. 40-1706) of Kansas. The Secretary shall keep a complete record 9-205. Funds Held in Trust. All moneys collected of the transactions of the association, which shall at all and received by the Firemen's Relief Association in the times be subject to inspection by the Board of Commis- City of Salina shall be held in trust and used as a fund sioners of the City of Salina. (Sec. 1, Ord. 5196, for relief of any member of the fire department of the - 11-12-46) City of Salina, when injured or physically disabled in or by reason of the discharge of his duties as such and for 9-202. Funds, How Handled. The treasurer of the City of Salina shall at all times be the custodian of all the relief or in payment of gratuities to the widow or funds belonging to the Firemen's Relief Association of those dependent on any member of such fire department Salina, and he shall be liable on his official bond for the who may be killed in the discharge of his duties as fire- men or who may die from the effects of injuries so re- f security of this fund, and he shall keep said funds ceived or from disease contracted by reason of his duties separate and apart from all other funds. (Sec. 2, Ord. 5196, 11-12-46) as such, and for the payment of the necessary funeral expense of any member of such fire department when 9-203. Board of Commissioners, Disbursements. killed in the discharge of his duties as such, or for the The Firemen's Relief Association shall, through the presi- further purpose of paying a pension to members who are dent, vice-president and secretary of said association, unfit for service for having served for a period of not present to the Board of Commissioners of said city, in less than twenty years on the department, such pension writing, a statement of any disbursements that the not to exceed in amount one-half of the monthly salary association through its Board of Directors desires to at the date of retirement; or for the purchase of insur- make, and if the same is approved by the Board of ante which would provide for any and all of the forego- Commissioners, the amount so approved shall be allowed ing purposes for which such fund is authorized, that the and appropriated by ordinance for the use and purposes Firemen's Relief Association of The City of Salina, Kan- 1 of said Relief Fund, in the same manner that other funds sas, is hereby authorized to lend part or all of such funds of said city are disbursed and appropriated. (Sec. 3, to the City of Salina, Kansas, to be used by the City of rI Ord. 5196, 11-12-46) Salina, Kansas, in the improvement of its fire department 9-204. Funds, Limitation of Use. All moneys re- and equipment thereof and the City of Salina, Kansas, II is hereby authorized to borrow the same and issue to the i i ceived by the City the City of Salina for Treasurer of the Firemen's Relief.Association of the City said Firemen's Relief shall be set apart and used by the said set City of Salina solely and entirely for the objects and of Salina, Kansas, its warrant therefor, being interest 1 purposes.set forth in this article and as set forth in payable semi-annually at a rate of not to exceed six per Chapter 257, laws of Kansas, 1941, and any amendments centum per annum. (Sec. 5, Ord. 5196, 11-12-46) G. thereto, and shall be paid to and distributed by the Fire- S. 1947 Supp. 40-1707) men's Relief Association under such provisions that shall 9-206. Insurance Policies. The Firemen's Relief be made by the Board of Commissioners of the City of Association of Salina, may provide insurance as provided Salina. The officers of such Firemen's Relief Associa- in Section 5 (9-205) hereof, subject to the following tion may invest any amount not to exceed ninety per limitations: (a) Policies must be purchased, owned and . centum of all such moneys, in purchasing bonds of the held by the Fremen's Relief Association of Salina; (b) . City of Salina, Kansas, provided that if said bonds of Policies must name the said Firemen's Relief Association the City of Salina, Kansas, are not obtainable, United as beneficiary and must not contain a provision which States government bonds may be purchased or any would permit the assured to change the beneficiary; (c) municipal bonds of this State may be purchased, provid- Life Insurance must be for term insurance only; and (d) . ed that such relief funds are used to purchase bonds Policies must be limited to cover only accidental injuries where the bonded indebtedness of said municipality does or disease suffered or contracted, or death resulting • 82 ORDINANCES OF THE CITY OF SAUNA, KANSAS therefrom, by reason of duties as a member of the fire (Sec. 6, Ord. 5196, 11-12.46) (G. S. 1947 Supp. department, PROVIDED, HOWEVER, it will be per- 401707) missable for this said Association to purchase policies 9-207. Two Pensions at Same Time Prohibited. Th giving twenty-four (24) hour coverage by requiring in- b regularly the E no re dperson eart hav ment ing of the Cia ty of Salipaid member of na shall be en- dividual members to pay the additional cost over the titled to receive p benefits in the form of relief and pen- limited coverage, which additional cost is hereby deter- sions at the same time and such double benefits are mined to be 15% of the total premium on this policy, hereby prohibited. (Sec. 7, Ord. 5196, 11-12-46) • • • • • • • u CHAPTER 10—FIRE PREVENTION 83 CHAPTER 10. FIRE PREVENTION buildings or inclosures are in a dangerous condition to Article 1.. Fire Prevention enter the same for the purpose of making such examina- tion and inspection. For the purpose of carrying out Article 2. Inflammable Liquids the provisions of this article, the chief of the fire depart- ARTICLE I. Fire Prevention ment may designate or appoint one or more firemen or 10-101. Measures for Prevention of Fires; Inspec- members of such fire department as fire inspectors and it tion of Premises - shall be unlawful for the owner, occupant or any person 10-102. Regulation of Storage; Keeping Combust- in charge of any dwelling house or other building or ible or Inflammable Material enclosure in the City of Salina to refuse to permit the 10-103. Removal of Combustible or Inflammable Fire Chief or any Fire Inspector to enter any such • Material premises, or in any way to prevent the chief of the fire • 10-104. Obstructions Unlawful - department or any such fire inspector from entering any 10-105. Same; Failure to Remove such premises, in the City of Salina, for the purpose of 10-106. Service of Orders examining and inspecting the same as herein provided. 10-107. Orders Not Waivers or Release of Liability (Sec. 1, Ord. 3793, 10-14-29) (G.S. 31-205; 13-441) 10-108. Inspections; Frequency 10-102. Regulation of Storage; Keeping Com- • 10-109. Penalty (Sec. 10-101 to 10-108) bustible or Inflammable Material. It shall be unlawful 10-110. Litter and Trash in Street, Lots, Etc.; Re- for any person, firm or corporation, being the owner, move or Burn; How Burned; Penalty occupant or in charge of any dwelling house or build- 10-11I. Theatres; Regulations ing or inclosure in the City of Salina, to keep or store 10-112. Fire Chief Examine Schools, Theatres, in, on or about any such premises any combustible or Hotels, Etc. inflammable materials or substances in such manner or in 10-113. Chief Report Violations and Non-Com- such quantities or under such conditions as will, or may pliance with Directions; Enforce Orden- in the opinion of the Chief of the Fire Department or ance any Fire inspector, be dangerous in causing or producing 10-114. Fire Hydrants; Obstructing fires, or which will, or may in their opinion, increase the 10-115. Boiling Pitch and Tar; Bonfires Near Build- fire hazard or be dangerous to property in the City of ings; Hours;No Fires on Pavements Salina in case of fire in, on or about any such premises, 10-116. Penalty (Secs. 10-110 to 10-115) or to keep or store in any such premises any accumulation 10-117. Stacking Hay Within 500 Feet of Fire of rubbish, paper, boxes or any other highly inflammable Limits; Packing Material materials or substances especially liable to cause fire, or 10-118. Storing Ashes which is so situated as to endanger any property in said 10-119. Explosives city. (Sec. 2, Ord. 3793, 10-14-29) (G. S. 31-205) 10-120. Gunpowder; Permit 10-121. Storage of Explosives—Other Than Gun- 10-103. Removal of Combustible or Inflammable powder. Permits Material; Misdemeanor. If, upon the inspection of any 10-122. Use of Fumigants; Permit Required dwelling house or building or other inclosure in the City 10-123. Sale of Gasoline to Vehicles in Street; of Salina, the Chief of the fire department or any fire Prohibited; Exceptions inspector shall find that any such combustible or in- 10-124. Penalty (Secs. 10-117 to I0-123) flammable materials or substances are kept or stored in, on or about any such premises in such manner, or in 10-101. Measures for Prevention of Fires; Inspec- such quantities or under such conditions as will, or may tion of Premises. It shall be the duty of the chief of in their opinion, be dangerous in causing or producing the fire department of the City of Salina to adopt in his fires, or which will, or in their opinion may, increase the discretion, and to enforce all prudent measures for the fire hazard on such premises or cause damage to any prevention of fires in said city, and all laws or ordinances property in the City of Salina in the event of a fire on or relating thereto. It shall be the duty of the chief of the about such premises, or shall find any accumulation or Fire Department, and of any fireman or member of the rubbish, paper, boxes or any other inflammable materials, fire department appointed or designated by him for such or substances especially liable to fire, and which is so purpose, to enter into and examine all dwelling houses situated as to endanger any property in the City of and other buildings and inclosures of every description in Salina, such fire chief or fire inspector shall have the the City of Salina, and they or any of them are hereby power and authority, and it shall be their duty, to order authorized, at any reasonable hour and whenever said any such inflammable or combustible materials or sub- chief of the fire department or any fireman or member stances removed from such premises, or so cared for and of the fire department appointed by the chief for the arranged as to remove the probability of such danger, purpose may deem it necessary or proper, in order to which orders or directions may be given either orally or ascertain whether any such dwelling houses or other in writing, and any such person, firm or corporation, • ■ 84 ORDINANCES OF THE CITY OF SALINA, KANSAS being the owner, occupant or in charge of any such spection and examination as provided for in this article premises, who shall fail, refuse or neglect to comply with or to cause an inspection and examination to be made by any such orders or directions within a reasonable time one of the fire inspectors as provided for herein,as often thereafter, not to exceed three days, shall be deemed as may be or as he may deem necessary, of all buildings, guilty of a misdemeanor. (Sec. 3, Ord. 3797, 10-14-29) premises and public thoroughfares in the City of Salina, (G. S. 31-205, 13.441) for the purpose of ascertaining and causing to be cor- 10-104. Obstructions Unlawful, It shall be unlaw- rected any condition liable to cause fire, or violations of ful for any any of the provisions or of the intent of this article or of y person, firm or corporation, being the owner, any other ordinance of the City of Salina relating to or occupant or in charge of any.premises or permit in the City of affectin the fire hazard; Salina, to place or allow, or cause or permit to be placed, g provided that all premises with- in the fire limits used for business purposes shall be ex- allowed or maintained, on or about any fire escapes, such h amined not less than four times a year, and all premises stairs, passageways, doors or windows, on any used for business purposes outside the fire limits shall be premises, any obstruction liable to interfere with the inspected and examined not less than twice a year. (Sec. operations of the fire department or the egress or oc- cupants in case of a fire in;'on, or about such premises. 8,Ord. 3797, 10-14-29, Revised, 1948) (Sec. 4,Ord. 3797, 10-14-29, Revised) 10-109. Penalty. Secs. 10-101 to 10-108. Any per- 10-105. Same; Failure to Remove; .Misdemeanor. son, firm or corporation who shall violate or cause or If upon inspection of any premises in the City of Salina, permit the violation of any of the provisions of sections as provided for in this article, the fire chief or fire in- 10-101 to 10-108 both inclusive or who shall refuse to Spector shall find any obstructions in, on or about any permit, or in any manner prevent, the chief of the fire fire escapes, passageways, doors or windows in any such department or any fire inspector as provided for herein premises liable to interfere with the operations of the from entering any premises in the City of Salina owned fire department or the egress of occupants in case of fire, or occupied by or in charge of any such person, firm he shall order the same to be removed on remedied, and or corporation, for the, purpose of making an examine- on order shall forthwith be complied with by the own- don and inspection as herein authorized and provided er, occupant or person in charge of such premises or for, or who shall fail, neglect or refuse within three buildings, and any such person, firm or corporation who days after the giving of any order or direction to comply shall fail or refuse to comply with any such orders or therewith, shall upon conviction thereof, of each offense, directions within a reasonable time thereafter, not to ex- be fined not less than $25.00, nor more than $100.00, or teed three days, will be deemed guilty of a misdemeanor. be imprisoned not to exceed thirty days, or may be pun- ished by both such fine and imprisonment for each such (Set. 5,Ord. 3797, 10-14-29) offense, and each day upon which any condition herein 10-106. Service of Orders. If any order or direc- prohibited may be permitted to exist, and each day dur- don 'provided for herein to be given by the Fire Chief ing which any order or direction shall not be complied or Fire Inspector shall be given in writing, such order with according to the provisions of this article, shall be may be served by delivering a true copy of the same to deemed to constitute a separate offense. (Sec. 9, Ord. such owner or occupant or person in charge or by leaving 3797,.,10-14-29,Revised, 1948) such copy at his place of residence, or in case no person 10-110. Litter and Trash in Street, Lots, Etc. Re- is found on the premises by affixing a copy thereof in a move or Burn; How Burned; Violation; Penalty. It is conspicuous'place on the door or at or near the entrance hereby made a misdemeanor for any person to throw or to such premises. (Sec. 6,Ord. 3797, 10-14-29) deposit in any alley or on any lot in the rear of any 10-107. Orders not Waivers or Release of Liability. business building within the fire limits of the City of Sa- il: direction to any per- ling, any paper, shavings, litter, trash, old boxes or any That the giving of any order oother combustible or inflammable material; or for any son, firm or corporation pursuant to any of the pro- visions of this article shall not be deemed to be waiver owner or occupant of such building or lot to permit any or release of the liability of any such person, firm or cor- paper, shavings, litter, trash, old boxes, or any other poration on account of any violation of any part of this combustible or inflammable material to accumulate or re- article caused by the existence of any condition which main in such alley or upon such lot for three (3) days may be referred to in any such order, and it is the pur- after being requested by the Fire Chief to remove the pose and intent of this article that any such person, firm same; and it is hereby made the duty of the Fire Chief or corporation may be charged with any violation of this and his assistants to diligently watch and inspect the said article regardless of the giving of any such orders or alleys and lots in the rear of such buildings within the directions. (Sec. 7, Ord. 3797, 10-14-29, Revised, 1948) fire limits and require the owners or occupants thereof to clear away, remove therefrom or burn all paper, 10-108. Inspections; Frequency. It shall be the shavings, litter, trash, old boxes or other combustible or duty of the Chief of the Fire Department to make an in- inflammable material, and if such owner or occupant or • • • • CHAPTER 10—FIRE PREVENTION 85 occupants of such premises shall desire to destroy any 10-113. Chief Report Violations and Non-Com- such paper or shavings or like material by burning the pliance with Directions; Enforce Ordinance. It shall be same he shall provide himself with a fireproof receptacle the duty of the Fire Chief to ascertain and report to the within which to burn thel same, which shall be built of City Manager all violations of and non-compliance with • such material and in such manner as may be satisfactory his directions, as herein provided, together with the to the Fire Chief and shall not be located nearer than names of the offenders;'he shall also have charge of and twenty feet to any wooden building or structure of any look to the enforcement of all ordinances of the City kind; Any person who shall violate any of the provisions relating to fire limits or fire precautions. Sec. 13, Ord. of this section shall, upon conviction, be fined in any 1480,4-9-09, Revised, 1948) sum not less than five nor more than one hundred dollars. (Sec. 10,Ord. 1480, 2-9-09) 10-114. Fire Hydrants; Obstructing. No person shall place or cause to be placed upon or about any fire . 10-111. Theatres; Regulations. All public halls, hydrant any rubbish, building material, fence or other pool halls, lodge halls, billiard halls, lyceums, theaters, obstruction of any character whatsoever in any manner opera houses, churches and all places of amusement which to obstruct, hinder or impede the Fire Department in are thrown open to be used by their owners or proprietors the performance of its duties in case of a fire in the as a place of assemblage in the City of Salina, shall be vicinity of such hydrant; nor shall any person hitch or provided by the owner, manager, or lessee with at least cause to be hitched to any fire hydrant any animal or two stairways, hallways, or means of egress, and all animals nor fasten to the same any guy rope or brace, doors opening thereto shall not be less than three fret nor back or stand any wagon, dray or other vehicle in width, and shall swing or open out of, not into, said against any such hydrant. (Sec. 17, Ord. 1480,4-9-09) public hall, pool hall, billiard hall, lodge hall, lyceum, 10-115. Boiling Pitch, and Tar; Bonfires Near theatre, opera house, church or other place of amuse- Buildings; Hours; No Fires on Pavement. No person ment, and all exit'doors in the building.named in this shall within the city limits boil any pitch, tar, or other section shall at all times be kept unlocked during a per- inflammable substance of like nature, unless the same • formance or entertainment within the building; over be done in an open space not less than twenty-five feet each exit doorway, and at the head of each stairway, distance from any building or other property that can there shall be placed a gas light, or an electric light, en be endangered thereby, or within a building specially closed in a red glass box, or globe, with the words there- designated for such purpose and at such distance from on, in large and distinct letters, "Fire Exit." In every any other building as the Fire Chief shall direct; nor such public hall, pool hall, billiard hall, lodge hall, shall any person set on fire within said city limits any lyceum, theater, opera house, church or any other place hay, straw, paper, shavings, rubbish or other combustible of amusement, aisles having seats on both sides of same material within twenty-five feet of any building, and then shall be not less than three feet wide; aisles having seats only between the hours of six o'clock A. M. and one on one side only shall be not less than two feet and six o'clock P. M.; Provided, that in no case shall Any such inches wide; Provided, that where the number of seats material be burned upon any avenue, street or alley with- in each transverse row would permit a single aisle, the in the city paved with bitulithic or asphalt pavement or aisle shall be not less than forty-four inches in width; no wooden blocks. (Sec. 21,Ord. 1480,4-9-09) seat shall have more than six seats intervening between it and an aisle, on either side; all scats in theatres and 10-116. Penalty Secs. 10-110 to 10-115. Any per- permanent places of amusement shall be securely fasten- son found guilty of violating any of the provisions of ed to floor; no stool or seat shall be placed in any aisle. Sections 10-110 to 10-115, both inclusive, for which no (Sec. 11, Ord. 1480,4-9-09), (Revised, 1948) penalty is hereinbefore named, or who shall refuse or neglect to comply with the directions of the Fire Chief 10-112. Fire Chief Examine Schools, Theatres, or his Assistant given in accordance therewith shall, upon Hotels, Etc. The Fire Chief shall also adopt in his dis- conviction, be fined not less than five nor more than one cretion such system or examination as he may deem hundred dollars for each offense. (Sec. 24, Ord. 1480, practicable to the following classes of buildings already 4-9-09, Revised, 1948) erected or that may hereafter be erected within the City as shall render the Fire Department familiar at all times 10-117., Stacking Hay Within 500 Feet of, Fire with the manner of construction and internal arrange- Limits; Packing Material. No person shall deposit or meet of such buildings, the modes of egress and ingress stack any hay or straw within five hundred (500) feet and any existing defects, in order that the workings of of any building located within the fire limits. Packing said Department may be facilitated in case of fire, to- material shall be kept in metal or wood, metal lined, bins, wit: School buildings, public halls and theatres, manu- having self closing or automatic covers. Refuse from facmring establishments, hotels, business houses and rooms where packing or unpacking is done shall be re- warehouses. (Sec. 12,Ord. 1480,4-9-09)' I moved daily. (Sec. 3,.Ord. 3076, 2-23-25) • 86 ORDINANCES OF THE CITY OF SALINA, KANSAS 10-118. Storing Ashes. It shall be unlawful to store other fire, or to have any light, fire or any lighted cigar, ashes inside of any non-fireproof building, unless they cigarette or pipe, or to have or permit any electric wire, be stored in an incombustible container or receptacle and electric light, or other light, or to set off or to cause or a clearance of at least five feet shall be maintained be- permit to be set off any explosive charge, nearer to such tween such containers or receptacles and any combustible building than the distance fixed in such permit; Provided, material. Ashes shall not be stored outside of any however, that nothing herein contained shall relieve any building in wooden receptacles or dumped in contact such person, firm or corporation from any liability from with or in close proximity to any combustible material. damage caused by the keeping or storing of such ex- (Sec. 4,Ord. 3076, 2-23-25) - plosives whether by virtue of such permit or otherwise, nor shall the City of Salina be responsible for any dam- 10-119. Explosives. $ shall be unlawful to store age caused by the keeping or storing of any such ex- or keep any explosive, except one pound or less of gun- plosives, by virtue of any such permit. (Sec. 1, Ord. powder, in any storeroom, wareroom, building or on any 3624, 1-3-29) premises within the City, provided, however, that not more than five pounds of gunpowder may be kept in 10-122. Use of Fumigants; Permit Required. It closed metal canisters in a store or wareroom away shall be unlawful for any person, firm or corporation, from artificial heat or light, and provided further that being the owner, occupant or in charge of any premises used for commercial purposes in the City of Salina, Kan- not more than fifty pounds of gunpowder may be kept sas, to use or allow or cause or permit to be used on or in a magazine made of fire proof material or of wood covered with sheet iron and mounted on wheels and kept in any such premises at any time, any type or kind of securely locked except when necessarily opened for use poisonous or explosive gas, including the use of hydro- by authorized persons, and not more than 1,000 blasting cyanic acid, chloropierin or carbon bisulphide, for fumi- caps in a similar, but separate magazine. Said magazine gtuion purposes without special permit from the Chief shall be conspiciously placarded in red letters at least of the Fire Department. Provided, however, that no four inches high "EXPLOSIVES", which placard shall fumigant composed in whole or in part of carbon bi- be located within the building, on the floor nearest the sulphide gas may be used within any commercial build- street level and within ten feet of the street entrance. tug' (Sec. 1, Ord.4947,9-27-39) (Sec. 5, Ord. 3076, 2-23-25) 10-123. Sale of Gasoline to Vehicle in Street; Pro- 10-120. Gunpowder; Permit. Any person, firm or hibited; Exceptions. $ shall be unlawful for any per- son, company or corporation, either as principal or as corporation storing gunpowder shall obtain a per- [he agent, or representative of another, to sell and de- mit from the Chief of the Fire Department, who shall inspect the place where same is kept, and the dealer liver or to offer to sell and deliver to any motor driven shall fully disclose to said Chief where same is kept vehicle in or upon any public street, alley or thorough- fare within the fire limits of the City of Salina, Kansas, both in the day and night time. (Sec. 6, Ord. 3076, any gasoline from any tank wagon or similar vehicle 2-23.25) wherein gasoline is transported for sale; Provided, 10-121. Storage of Explosives—Other Than Gun- however, that it is not intended and this section shall not powder, Permits. It shall be unlawful to store or keep operate against the sale and delivery of not to exceed any dynamite, nitroglycerine, giant powder, or other ex- three (3) gallons of gasoline upon the public streets • plosives other than gunpowder in any storeroom, ware- and thoroughfares within said fire limits and to a motor room, building, or any premises within the city limits, driven vehicle in event such vehicle shall be then in- except by special permit granted by the Board of Com- capable of operation because of an actual and complete missioners, which permit shall specifically state the lo- lack of gasoline, provided such emergency shall actually cation at which, and the conditions under which permit exist, without intent or purpose of the driver thereof to shall be revocable at any time by such Board, and such evade the provisions of this section; and provided fur- explosives when any such permit is granted, shall be kept ther, that nothing herein contained shall be construed to only in a building specifically provided for such purpose, prohibit the delivery of gasoline to filling stations, gro- and which when so used shall be placarded on each side eery stores and other and similar places of business with red signs on which the words "Danger," "Ex- within the fire limits of said city, where gasoline is plosives," and "Keep Away" in letters at least six inches kept for sale and disposition, but in all instances where high shall be placed and such building shall not be exceptions to the provisions of this ordinance are per- nearer to any other building or structure than the dis- misted such delivery shall be made in a careful manner [ante fixed in such permit, and it shall be unlawful for with due regard for the protection and safeguard against any owner or person in charge of such building to per- explosion or combustion and with regard to the protect- mit any other person, except the duly authorized em- ion of property and of travelers or pedestrians upon the ployees of such owner or person in charge, to go nearer public streets and side-walks of said city. (Sec. 1, Ord. to such building, or to smoke, or to light any match or 2800, 6-13-23, Revised, 1948) CHAPTER 10—FIRE PREVENTION 87 10-124. Violation; Penalty. That any person, firm mesh installed and connected in a safe and workmanlike or corporation, or any employee, agent, representative manner with all joints in such venting system con- or officer thereof, who shall violate the provisions of sec- structed so as to be air tight and in such a manner that tions 10-117 to 123, both inclusive, shall be deemed guilty I the only source of air supply and source for the escape of a misdemeanor and where no other penalty is pro- of gases will be through the wire gauze screens in the vided shall be fined not less than $25.00, nor more than venting connections. The vent pipe of any storage tank $100.00 fur each offense, and every day that the condi- having a flat metal sheeted roof may lead directly through [ions or provisions of said sections are not complied with the roof thereof which pipe shall be equipped with the shall be deemed to constitute a separate offense. (Sec. double screen wire gauze mesh hereinbefore mentioned 2, Ord.4947,9-27-39, Revised, 1948) and shall be made air tight at the point of entrance by use of litharge or similar effective substance applied after ARTICLE 2. Inflammable Liquids a driving fit has been made. All vents shall, after their • 10.201. Tanks Within 100 Feet of Building; Pro- construction, be painted with a heavy coat of non-cor- hibited Unless According to Regulations; rosive paint. (Sec. 3,Ord. 2352, 8-21-20). Exceptions 10-204. Roofs of Tanks. The roofs of all storage 10-202. Construction of Tanks tanks shall be constructed so as to be air tight and in 10-203. Venting System of Tanks such a manner that the only air passages or passage,per- 10-204. Roofs of Tanks mitting the escape of gases, shall be through the venting 10-205. Measuring Openings system. In event any manhole shall be constructed in 10-206. Tanks Electrically Connected With Earth the roof of any storage tank such manhole shall be con- 10-207. Retaining Wail Surrounding Tank,Capacity structed so that it may be bolted or screwed down and 10-208. Premises Free From Inflammable Material made equally air and vapor tight with the remainder of 10-209. Penalty said roof and tank. (Sec.4, Ord. 2352,-8-21-20). • Ref: Sec. 13-441, G. S. 1935; Regulations of the State 10-205. Measuring Openings. The measuring open- Fire Marshal. ings shall be of the plug and socket type fitted with 10-201. Tanks Within 100 Feet of Building; Pro- standard threads and constructed so that all openings are hibited Unless According-to Regulations;Exceptions. That air and gas tight when the plugs are screwed firmly into it shall hereafter be unlawful for any person, company, the sockets. Each plug shall be fastened by chain in co-partnership, corporation or association to own, keep close proximity to the socket with which it is used and or maintain, either as principal or agent above ground shall be kept tightly in place in its respective socket cx- and within one hundred feet of any dwelling house or cept when removed for measuring purposes. Sec. 5, other building within the City of Salina, any tank of Ord. 2352, 8-21-20). more than one hundred gallons capacity used for the 10-206. Tanks Electrically Connected With Earth.All storage of fuel, oil, crude oil, petroleum, gasoline or any tanks and piping shall be brought into solid permanent other like combustible, inflammable or dangerous product electrical connection with the earth for the purpose of or material, unless such tanks with their appliances and carrying off static and other electrical discharges and in the premises upon which the same are situated shall be accordance with the regulations of the National Electric constructed and maintained strictly in accordance with Code Standard. Alt piping used in connection with the the terms of this ordinance and with the regulations here- tanks shall be inter-connected by means of a number in provided for; provided, however, that the provisions 0 0 0 0 flexible copper conductor in solid electrical of this ordinance shall not apply to tanks used for the and mechanical connection with the piping, and in con- storage of distillate or other similar fuel oil used for nection with a boiler plate not smaller than four (4) domestic heating, having a capacity of 2000 gallons or square feet in surface area by one-fourth inch (? ") in less, where the distillate or other similar oil stored in thickness and buried to the depth of permanent moisture such tank is for the use of heating the building situated and in any event not less than four (4) feet below the on the premises where such tank is located. (Sec. 1, surface of the ground. Sec. 6, Ord. 2352, 8-21-20). Ord. 2353, Amd. by Sec. 1, Ord. 3075, 2-23-25). 10-207. Retaining Wall Surrounding Tank, Capac- 10-202. Construction of Tanks. All such storage ity. There shall be constructed so as to completely sun tanks"shall be of standard construction throughout and round the storage tanks upon any particular premises, shall be built of steel of suitable strength and of not less a retaining wall of concrete, brick or masonry of not than three-sixteenths of an inch in thickness. (Sec. 2, less than eight (8") inches in thickness which wall Ord. 2352, 8-21-1920). shall be leak proof and of an interior dimension suf- 10-203. Venting System of. Tanks. All such scot- ficient to retain one and one-fourth (11/4) of all the con- age tanks shall be equipped with a venting system con-I tents of the tanks so surrounded when filled, that is to sisting of a double screen 50x50 non-corrosive wire gauze say that such wall shall have an interior retaining area • • 88 ORDINANCES OF THE CITY OF SALINA, KANSAS of a sufficient number of cubic feet to retain the entire Marshal Department'of the State of Kansas, herein re- capacity of all tanks so surrounded plus an additional (erred to as the "Regulations for design, installation and one-fourth (A) thereof. (Sec. 7, Ord. 2352, 8-21-20). construction of containers for the storage and handling 10-208. Premises Free From Inflammable Material. of liquefied petroleum gases," effective August 1st, 1935, The premises upon which any such tanks are maintained as amended December 14, 1946 and January 10, 1947, shall be kept clean and free of any dangerous or in- except where the terms of this article expressly provide flammable waste or rubbish. (Sec. 8, Ord. 2352, additional or more stringent rules and regulations; in 8-21-20). which cases, both the State Regulations and the provis- ions of this article, shall apply. (Revised, 1948) • 10-209. Penalty. Any person, company, co-part- 10-303. Classification of Storage Containers. Storage nership, corporation or association violating any pro- vision of this article or refusing or neglecting to comply containers shall be classified as follows: with the requirements thereof shall in such case be Class A. For gases with vapor pressure at 100 deemed guilty of a misdemeanor and upon conviction degrees F., not in excess of 100 pounds per square-inch thereof shall be fined in a sum not exceeding one hun- gauge- dred ($10000) dollars, and each day's continuance of Class B. For gases with vapor pressure at 100 any failure or neglect to comply with any provision of degrees F., greater than 100 pounds per square-inch this ordinance shall be deemed to be a separate and dis- gauge, and not more than 125 pounds per square-inch tinct offense and shall be punished accordingly. (Sec. gauge. • 9, Ord. 2352, 8.21-20). Class C. For ases with vapor R p pressure at 100 • ARTICLE 3. Liquefied Gases 'degrees F., greater than 125 pounds per square-inch gauge. (Revised, 1948) 10.301. Application to New and Existing Installa- 10-304. Design Working Pressure of Storage Con- tions tainers. •10.302. Supplemental to State Regulations 10.303. Classification of Storage Containers A. No aboveground or underground storage con- tainer for liquefied petroleum gas, with a working pres- 10-304. Design Working Pressure of Storage Con- sure of less than 100 pounds per square-inch gauge, shall tainers R 10-305. Definitions • be installed inside the city limits of the City of Salina, 10-306. Application,Approval and Permit Kansas. 10-307. Subsequent Inspections 13. The minimum design working pressure for each 10-308. Location and Size of Storage Containers class of aboveground storage containers shall be accord- 10-309. Charging of Storage Containers ing to the•following schedule: 10.310. Piping and Connections For Class A containers, 100 pounds per square-inch 10-311. Transportation of Gases gauge. 10.312, Odorants For Class B containers, 125 pounds per square-inch 10-313. Appeals gauge. 10-314. Penalties For Class C containers, 200 pounds per square-inch • 10-301. Application to New and Existing Installa- gauge. tions. This article shall apply to all new systems and 10-305. Definitions. installations made after the effective dare hereof, and, A. Application defined. An "application" is a except as otherwise specified, to existing plants, equip- written outline addressed to the Chief of the Fire De- ment and installation which constitute a distinct hazard partment, of a proposed system to be used for burning to life and property,.in so far as the intent of the ordin- any liquefied petroleum gas, or any combination of such ante can be reasonably fulfilled. All persons, firms, and gases,giving location and nature and size of the proposed corporations storing, handling, or using liquefied pe- installation, and such other details as may be required troleum gases in the City of Salina, shall be governed on a form furnished by the Chief of the Fire Department. by this article, whether or not specifically named in this B. Permit defined. A "permit" is a written auth- article. (Revised, 1948) ority of the Chief of the Fire Department, issued pur- 10-302. Supplemental to State Regulations. All suant to this article, authorizing a system that has been containers and systems installed in said city, for the installed for the burning of liquefied petroleum gas in storage and burning of liquefied petroleum gases, and the City of Salina, Kansas, to be placed in operation. the storage, handling, and using of liquefied petroleum C. Chief of the Fire Department defined. The term, gases in the City of Salina, shall be governed by, and "Chief of the Fire Department" shall include not only shall comply with the requirements and standards set the Chief of the Fire Department himself, but any mem- forth in a manuel or pamphlet issued by the State Fire ber or inspector of the Fire Department of the City of • • CHAPTER 10—FIRE PREVENTION gY Salina, Kansas, specifically deputized by the Chief of the not in compliance with the terms of this article and of Fire Department, to act for him in the enforcement of the State Regulations above referred to, the Chief of this article. the Fire Department shall notify in writing, the owner D. Liquefied Petroleum Gases defined. "Liquefied or occupant of the premises where such system or in- Petroleum Gases" shall mean and include any material stallation is located, of the particulars wherein such sys- tem or installation is defective or unsafe. Such notice which is composed predominantly of any of the follow- shall be served by the Chief of the Fire Department on ing hydrocarbons or mixtures of them: Propane, Propy- lene,Butane and Butylenes. the occupant of the premises, if same are occupied, either by delivering said notice to the occupant personally, or 10-306. Application, Approval and Permit. Before by attaching said notice firmly to the outside of the prem- installing in the City of Salina, Kansas, any system and ises in a conspicuous place. appliances for the burning of liquefied petroleum gases, Said notice above referred to, shall specify the num- any person, firm, or corporation desiring to make such bet of days within which such defective or unsafe system installation, shall make written application to the Chief or appliance shall be placed in compliance with this ar- of the Fire Department, on forms provided by him, and title and the State Regulations, and upon failure of such such application shall be promptly examined and in- system or appliance to be so placed in compliance with spected by the Chief of the Fire Department. If he finds this article and the State Regulations, within the time that the proposed system and appliances conform to the specified in said notice, the Chief of the Fire Department terms of the State Regulations and of this article, he shall by written order served in the same manner as the shall approve said application; but otherwise, he shall notice above provided for, direct the use of said system deny said application until the same is made to conform or appliance to be discontinued until repaired and made with said State Regulations and with this article. safe in compliance with the terms of said notice; pro- After the approval of any such application, the ap- vided expressly, that at any time the Chief of the Fire plicant may proceed with the installation of the system Department finds such system, or appliance to have and appliances expressly covered by such application; become in such defective or unsafe condition as to and upon completion of such installation, the applicant present an immediate hazard to persons or property, he shall certify in writing to the Chief of the Fire Depart- shalt order immediate discontinuance of the use of such ment,on a form furnished for such purposes by the Chief system or appliance until the same is made to comply with of the Fire Department, that such installation has been this article and with the State Regulations. completed. Meanwhile, no such installation or system, Any occupant of any building or structure, who uses shall be placed in operation, nor shall any liquefied pe- or permits the use of any such system or appliance after troleum gas be burned in such system or installation, un- being ordered to discontinue the use of same by the til the actual installation in place has been inspected by Chief of the Fire Department as above provided, and the Chief of the Fire Department, who shall inspect such without said system having been placed in compliance installations promptly upon being furnished a certificate with this article and the State Regulations, shall be guilty by the applicant that the installation has been completed. of a misdemeanor and punished as hereinafter provided. If, upon such inspection, the Chief of the Fire De- partment finds that the installation has been made and 10-308. Location and Size of Storage Containers. completed in compliance with the application and with No container, either aboveground or underground, shall the terms of the State Regulations and of this article, be located inside of, or underneath any building in which he shall then issue a permit in duplicate, one copy to said gas is intended to be, or is burned. the applicant who made the application to install such Aboveground containers shall not exceed 25 gallons system or installation, and one copy to the owner or oc- water capacity; underground containers shall not exceed cupant of the premises where such installation is located. 1,000 gallons water capacity. And upon the issuance of such permit, but not before, Aboveground containers may be located adjacent said system, or installation, may be placed in operation. to, or against the building in which the gas is designed If upon such inspection, said system or installation has to be burned, but not closer than 10 feet to any window, not been made in compliance with the application and door,or other opening of any building. with the terms of this article, then a permit shall be re- Underground containers shall not be located with fused until the installation is made to so comply. respect to the nearest building, or line of adjoining pro- 10-307. Subsequent Inspections. The Chief of the ;petty, closer than provided by the following table: • Fire Department shall have the right, at any time, to in- WATER CAPACITY MINIMUM DISTANCE spect any system or installation in the City of Salina, 125 gallon or less 10 feet Kansas, designed for the burning of liquefied petroleum 126 to 300 gallon 15 feet gas. And if, on such inspection, any system or installa- 301 to 500 gallon 25 feet tion is found to have become defective or unsafe, and 501 to 1000 gallon 50 feet • • • 90 ORDINANCES OF THE CITY OF SALINA, KANSAS 10-309. Charging of Storage Containers. Under- terms'of this article and of the State Regulations, no ground storage containers shall be charged with liquefied liquefied petroleum gases shall be moved 'or transported petroleum gas during daylight only. No open flame or on the streets or alleys of the City of Salina, except in sparks shall be permitted in the vicinity of a storage con- trucks or tanks carrying a Liquid Fuel Carrier's license, tainer which is being charged. No person shall smoke in as provided by the General Statutes Supplement of the vicinity of any storage container which is being 1947,Section 31-207. charged. 10812. Odorants. All liquefied- petroleum gases No portable storage container shall be filled or shall be odorized by an agent of such character as to charged within the city limits. All aboveground storage 'positively indicate the presence of such gases down to containers shall be in the form of portable bottled or concentrations in air of not over•one-fifth of the lower tanks. No consumer shall have more than two portable limit of flammability of such gases, by the presence of a bottles or tanks on the premises at any one time. • distinctive odor. At least one competent attendant shall remain in the 10-313. Appeals. Within five days after written immediate vicinity of any non-portable storage con- notification by the Chief of the Fire Department to the miner while same is being charged. All readily ignitable owner or occupant of any building, to correct or remedy materials shall be kept away from the immediate vicinity any hazardous condition with respect to any liquefied of storage containers. petroleum gas system installed in such building, or with- 10-310. Piping and Connections. No liquefied pc- in five days after refusal of the Chief of the Fire Depart- troleum gas shall be piped or led into any house or other ment to approve any application for installing such sys- tem, or within five days after refusal of the Chief of the human habitation,at greater than six-ounce pressure. No liquefied Fire Department to issue a permit for placing any such q petroleum gas shall be piped or led into system in operation, an a any industrial or other building aside from a house or y p appeal, stating specifically the questions which the appellant desires to have passed up- residence, at greater than eight-ounce pressure. No on, may be taken. Such a other than rigid.iron Y appeals shall be promptly heard piping g' pipe with airtight con- by the Board of Commissioners of the City of Salina. nections, and capable of a working pressure of not less And upon such hearing, the members of the City Com- than 125 pounds, shall be used in conveying liquefied mission are authorized to take testimony and to grant or petroleum.gases from the regulator equipment, to and reject such appeal, subject to review by the proper Court. into the appliances. All regulator equipment used on liquefied petroleum 10-314. Penalties. Any person, firm or corporation gas systems, shall be located outside the building or strut- who shall violate any of the terms of this article, or who ture. All piping leading from the regulator equipment shall fail to comply with the provisions of the State to the'building or structure and thence to the appliances, Regulations which are made a part of this article by shall be tested after installation, and proven free from reference, shall be deemed guilty of a misdemeanor, and leaks at not less than 20 pounds operating pressure, and upon conviction, shall be fined in any sum not less than a certificate as to such tests, shall be required before a Twenty-Five ($25.00) Dollars, nor more than Fifty permit to place said systems in operation, will be issued ($50.00) Dollars, for the first offense; and not less than by the Chief of the Fire Department. Fifty ($50.00) Dollars, or more than One Hundred ($100.00) Dollars, for each additional offense. Each 10-311. Transportation of Gases. Except where day's violation shall be construed to be a separate of- moved in portable bottles or tanks complying with the fense under the terms of this ordinance. • • • • • CHAPTER 11. FOODS 91 CHAPTER 11. FOODS sale, preparation or serving, or who comes in contact Article 1. Eating and Drinking Establishments with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is pre. Article 2. Meat pared or served. Article 3. Milk and Dairy Products H. Utensils. "Utensils" shall include any kitchen- ware, tableware, glassware, cutlery, utensils, containers, • ARTICLE 1. Eating and Drinking Establishments or other equipment with which food or drink comes in 11-101. Definitions contact during storage, preparation, or serving. 1 1.102. Permits Required • I. Health Officer. The term "health officer" used 11.103. Permits Issued in this article shall mean the officer of the City of Salina 11-104. Examination and Condemnation of Un- who shall be appointed and designated as city health of- wholesome or Adulterated Food or Drink fiver,or his authorized representative or assistant. 11-105. Inspection J. Person. The word "person" shall mean person, 11-106. Sanitation Requirements corporation,oration, or association. 11-107. Establishments Which May Operate p (Sec. 1, Ord. 5024, 11-108. Reinstatement of Permit 11-30-42, Revised, 1948) 11-109. Poisonous Substances 11-102. Permits Required. It shall be unlawful for 11-110. Notification of Disease any person who does not possess an unrevoked and un- 11-I1 I. Procedure When Infection Exists or is Sus- suspended permit from the health officer and in whose petted place of business such permit is not posted in a con- I 1-112. Enforcement Interpretation spicuous place, to operate in the City of Salina any ' 11-113. Penalties restaurant, grocery store, meat market, bakery, bottling 11-101. Definitions. The following definitions shall works, or other establishment where food or drink is produced, sold, prepared or served. Only persons who apply in the interpretation and the enforcement of this comply with the requirements of this article shall be en- article. titled to receive and retain such a permit. A person A. Restaurant. The term "restaurant" shall mean conducting an itinerant restaurant may, in the discretion restaurant, coffee shop, cafeteria, short order cafe, lun- of the health officer, be exempted from the requirements cheonette, tavern, sandwich stand, soda fountain, and all for the securing of a permit to such extent as may be other public eating and drinking establishments, as well authorized by the health officer. (Sec. 2, Ord. 5024, - as kitchens in which food and drink are prepared for 11-30-42, Revised 1948) sale elsewhere to the public. 11-103. Permits Issued. No permit shall be issued B. Itinerant Restaurant. The term "itinerant by the health officer except on the filing of an application restaurant" shall mean any restaurant operating for a to the health officer on a form furnished by him for such temporary period in connection with a fair, carnival, cir- cus, public exhibition,or other similar gatherings. purpose, and on payment by the applicant of a permit fee of $1.00 to the city clerk and until the establishment C. Grocery Stores and Meat Markets. The terms for which such permit is desired shall be inspected by the "grocery stores" and "meat markets" mean establish- health officer and found by him to comply in all respects meats which sell, handle and deal in bulk or package with the requirements of this article. Every permit shall food, meats and provisions for human consumption. expire on December 31 after date of issue and must be D. Bakery. The term "bakery" means any estab- renewed on January 1st of each year. All permit fees lishment where bread, cakes, pies and other foods are shall be paid into the city treasury. Such a permit may baked or cooked, or are produced, handled, dealt in, be suspended by the health officer for such length of sold or kept for sale for human consumption. time and under such conditions as the health officer may E. Bottling Works. The term "bottling works" prescribe, or may be revoked after an opportunity for a means any establishment where beverages of any kind, hearing of a regular meeting before the board of com- except milk or milk products, are produced, prepared, missioners upon the violation by the holder of any of the manufactured and bottled or prepared for bottling. terms of this article. (Sec. 3, Ord. 5024, 11-30-42, Re- F. Other Establishments. The term "other estab. vised 1948) lishments" means any establishment, in addition to those .11-104. Examination and Condemnation of Un- specifically mentioned herein, and except establishments wholesome or Adulterated Food or Drink. Samples of otherwise regulated by ordinance, where food or drink food and drink may be taken and examined by the for human consumption is prepared, produced, handled, health officer as often as he deems necessary for the de- served or sold. tection of unwholesomeness or adulteration. The health G. Employee. The term "employee" shall mean officer may condemn and forbid the sale of, or cause to be any person who handles food or drink during storage, removed or destroyed, any food or drink which he deems 92 ORDINANCES OF THE CITY OF SAUNA, KANSAS unwholesome or adultered. (Sec. 4, Ord. 5024, Lighting. All rooms in which food or drink is stored 11-30-42) or prepared or in which utensils are washed shall be well 11-105. Inspection. As often as the health officer lighted. may deem necessary and at least once every two months, Ventilation, All rooms in which food or drink is he shall inspect every establishment covered by the terms stored, prepared or served, or in which utensils are • of this article, located within the City of Salina. In case washed,shall be well ventilated. the health officer discovers the violation of any item of Toilet Facilities. Every establishment covered by this sanitation required by this article, or other violation of article shall be provided with adequate and conveniently any of the provisions of this article, he shall make a located toilet facilities for its employees, conforming with second inspection after the lapse of such time as he the ordinances of the City of Salina. In establishments deems necessary for the defect to be remedied, and the hereafter constructed toilet rooms shall not open directly second inspection •shall be used in determining com- into any room in which food, drink, or utensils are pliance with the requirements of this article, unless in the handled or stored. The doors of all toilet room shall be opinion of the health officer the violation is flagrant and self-closing. Toilet rooms shall be kept in a clean con- of such nature as to require immediate suspension or diticn, in good repair, and well lighted and ventilated. revocation of the permit, and in such event the health Hand-washing signs shall be posted in each toilet room officer shall have authority to suspend or revoke such used by employees. In case privies or earth closets are permit immediately on such first inspection. Any viola- permitted and used, they shall be separate from the Lion of the same item of this article on two consecutive building in which the establishment is located, and shall inspections shall call for immediate suspension of permit, be of sanitary type constructed and operated in con- or the health officer may, after hearing as provided for formity with the standards of the State Board of Health. in this article, revoke such permit if in his opinion the If toilet facilities are provided for patrons, they shall violation of this article is of such nature as to require be separated from and in addition to those provided for such revocation of the same. employees, but shall comply with the same requirements. If a permit is revoked or suspended, the health of- No patrons shall be permitted to use any toilet facilities fiver shall remove the permit from the establishment to provided for employees. which it was issued and shall retain the same until such Water Supply. The water supply shall be easily ac- time as the same may be reinstated. cessible to all rooms in which food is prepared or utensils One copy of the inspection report shall be posted by are washed, and shall be adequate, and of a safe sani- the health officer in a conspicuous place upon an inside tary quality. wall of the establishment and said inspection report shall Lavatory Facilities. Adequate and convenient hand- not be defaced or removed by any person except the washing facilities for employees shall be provided, in- health officer. Another copy of the inspection report chiding hot running water, soap, and approved sanitary shall be filed in the office of the city clerk. (Sec. 5, Ord. towels. The use of a common towel is prohibited. No 5024, 11-30-42, Revised 1948) employee shall resume work after using the toilet room 11-106. Sanitation Requirements. All establish- without first washing his hands. meats covered by this article shall comply with all of the Construction of Utensils and Equipment. All multi- following items of sanitation. use utensils and all show and display cases or windows, Floors. The floors of all rooms in which food or counters, shelves, tables, refrigerating equipment, sinks drink is stored, prepared, or served, or in which utensils and other equipment or utensils used in connection with are washed, shall be of such construction as to be easily the operation of a restaurant or in the handling or dis- cleaned, shall be smooth, and shall be kept clean and in play of meats or bulk foods of any kind shall be so con- good repair. strutted as to be easily cleaned and shall be kept clean Walls and Ceilings. Walls and ceilings of all rooms and in good repair. shall be kept clean and in good repair. All walls and Cleaning and Bactericidal Treatment of Utensils and ceilings of rooms in which food or drink is stored or Equipment. All equipment, including display cases or prepared shall be finished in light color. The walls of windows, counters, shelves, tables, refrigerators, stoves; all rooms in which food or drink is prepared or utensils ,Hoods;and sinks, shall be kept clean and free from dust, are washed shall have a smooth, washable surface up to dirt, insects, and other contaminating material. All the level reached by splash or spray. This shall include clothes used by waiters, chefs, and other employees shall basement storerooms and basement workrooms. be clean, Single-service containers shall be used only Doors and Windows. When flies are prevalent, all once. openings into the outer air shall be effectively screened All multi-use eating and drinking utensils shall be and doors shall be self-closing, unless other effective thoroughly cleaned and effectively subjected to an ap- means are provided to prevent the entrance of flies. proved bactericidal process after each usage. All multi- • • CHAPTER I1. FOODS 93 use utensils used in the preparation or serving of food constructed and operated in a manner approved by the and drink shall be thoroughly cleaned and effectively health officer. (Sec. 6, Ord. 5024, 11-30-42, Revised subjected to an approved bactericidal process immediately 1948) following each day's operation. Drying cloths, if used, 11-107. Establishments Which May Operate. From shall be clean and shall be used for no other purpose. and after the date on which this ordinance takes effect Storage and Handling of Utensils and Equipment. no establishment covered by this article shall be operated After bactericidal treatment no utensil shall be stored within the City of Salina, or its police jurisdiction, unless except in a clean dry place protected from flies, dust, it conforms with the requirements of this article, Pro- or other contamination, and no utensil shall be handled vided, that when any such establishment fails to main- except in such a manner as to prevent contamination as tain the standards herein required, the health officer is far as practicable. Single service utensils shall be pur- authorized to revoke the permit or in lieu thereof, in his chased only in sanitary containers, shall be stored therein discretion, to suspend same for such period as he may in a clean dry place until used, and shall be handled in determine and fix in the order suspending the same to a sanitary manner. Ice cream dippers and spoons shall make such order requiring compliance with the require- be kept in running water. meats of this article, and fixing the time for such con- Disposal of Wastes. All wastes shall be properly pliance, as he may deem necessary. (Sec. 7, Ord. 5024, disposed of, and all garbage and trash shall be kept in 11-30-42, Revised 1948) suitable receptacles, in such manner as not be become a 11-108- Reinstatement of Permit. Any establish- nuisance. ment the permit of which has been suspended or revoked, Refrigeration. All readily perishable food or drink may at any time make application for the reinstatement shall be kept at or below 500F, except when being pre- of the permit. pared or served, Waste water from refrigeration equip- Within one week after the receipt of a satisfactory meat shall be properly disposed of. application, accompanied by a statement signed by the Wholesomeness of Food and Drink. All food and applicant to the effect that the violated item or items of drink shall be wholesome and free from spoilage. All the specifications have been conformed with, the health milk, fluid milk products, ice cream, and other frozen officer shall make a reinspection, and thereafter as many desserts served shall be from sources approved by the additional reinspections as he may deem necessary to as- health officer. Milk and fluid milk products shall be sure himself that the applicant is again complying with served in the' original containers in which they were re- the requirements, and, in case the findings indicate con- ceived from the distributor or from a bulk container pliance, shall have authority to reinstate the permit. equipped with an approved dispensing device: Provided, (Sec. 8,Ord. 5024, 11.30-42) that this requirement shall not apply to cream, which 11-109. Poisonous Substances. No article, polish, may be served from the original bottle or from a dis- penser approved for such service. All oysters, clams or other substance containg atera rah any cyanide preparation and mussels shall be from approved sources. or other poisonous material shall be used for the cleans-, ing or polishing of utensils. (Sec. 9, Ord. 5024, Storage and Display of Food and Drink. All food 11.30-42) and drink shall be so stored and displayed above the floor and in such a place as to be protected from dust, flies, 11-130. Notification of Disease. Notice shall be vermin, unnecessary handling, droplet infection, over- sent w the health officer immediately by the owner or head leakage, and other contamination. No animals or manager of any establishment covered by this article or fowls shall be kept or allowed in any room in which by the employee concerned if he or any employee con- food or drink is prepared or stored. All means necessary tracts any infectious, contagious, or communicable dis- for the elimination of flies shall be used. ease, or has a fever, a skin eruption, a cough lasting Cleanliness of Employees. All employees shall wear more than 3 weeks, or any other suspicious symptom. It • clean garments and shall keep clean at all times while shall be the duty of any such employee to notify such owner or manager immediately when any of said con- engaged in handling food, drink, utensils, or equipment. ditions obtain, and if neither the manager nor the em- Miscellaneous. The premises of all establishments ployee concerned notifies the health officer immediately covered by this article shall be kept clean and free of when any of said conditions obtain they shall be held litter or rubbish. None of the operations connected with jointly and severally and to have violated this section. A any such establishments shall be conducted in any room placard containing the foregoing provisions of this sec- used as living or sleeping quarters. Adequate lockers or tion shall be posted in all toilet rooms. Every owner or dressing rooms shall be provided for employee's clothing operator of any such establishment shall keep in such and shall be kept clean. Soiled linens, coats, and aprons, establishment, open to the inspection of the health officer, shall be kept in containers provided for this purpose. a permanent list of all employees, showing the name, Itinerant Restaurants. Itinerant restaurants shall be address and age of each employee, and date of employ- • 94 ORDINANCES OF THE CITY OF SALINA, KANSAS meat, and shall note thereon when such employment is issued to such establishment. (Sec. 11, Ord. 5024, terminated, and such list shall not be altered, defaced or 11-30-42, Revised, 1948) destroyed without the consent of the health officer. (Sec. 11-112. Enforcement Interpretation. This article • 10,Ord. 5024, 11-20.42,Revised, 1948) shall be enforced by the health officer in accordance with 11-111. Procedure When Infection Exists or is Sus- the interpretations thereof contained in the 1943 edition pected. When ever any employee or the owner or man- or subsequently published edition of th U. S. Public ager or other person in any manner connected with the Health Service Code Regulating Eating and Drinking operation of any establishment covered by this article Establishments, a certified copy of which shall be on file contracts or has, or is suspected of having any infectious, at the office of the health officer. (Sec. 12, Ord. 5024, contagious or communicable disease, or whenever sus- 11-30-42, Revised, 1948) picion arises as to the possibility of the transmission by 11-113. Penalties. Any person who violates an any such person if any such disease or infection or any y p any contamination therefrom, or whenever the health officer provision of this article shall, in addition to the other deems it to be necessary, the health officer shall either remedies of suspension or revocation of permits as herein provided for, be fined not less than $10.00 or more than at his own instance, or upon information furnished by, or at the request of, the medical officer of any military $100.00, or be imprisoned in the city jail for not to organization which is exceed 30 days, or may be punished by both such fine B quartered in Saline County, Kac and imprisonment at the discretion of the court having sas, or the Saline County Medical Association, require jurisdiction. Each and every violation of any ' any or all of the following measures: (1) the immediate y y provision of this article, and each day upon which any violation exclusion of such employee or other person from the as tablishmenq covered by this ordinance, with which he or shall continue, shall constitute a separate offense. (Sec. 13, Ord. 5024, 11-30-42, Revised, 1948) she is connected; (2) the immediate closing of such es- tablishment until no further danger of the communica- ARTICLE 2. Meat tion or transmission of such disease, infection or con- tamination exists, in the opinion of the health officer; 11-201. Definitions • (3) adequate medical examination of such employee or 11-202. Requirements other person or his or her associates, with such labora- 11-203. Meat Inspectors tory examinations as may be indicated, and the furnish- 11-204. Ante Mortems - ing-to the health officer, by and at the expense of the 11-205. /Horses and Mules person so examined, a physician's certificate showing such 11-206. Condemned Products examination and laboratory tests and the results thereof. 11-207. Carcasses,Use of The health officer may at any time direct and shall at the 11-208. Notices to Inspectors request of any military medical officer of any military 11-209. Hours of Slaughtering organization herein referred to or at the request of the 11-210. Essential Facilities Saline County Medical Society direct any such person to 11-211. Medical Examinations of Handlers submit himself or herself to such examination and tests 11-112. Residences Not to Be Used by any physician designated by the health officer or by 11-213. Cleanliness the medical officer of any miltary organization herein 11-214. Processes Subject to Inspection referred to, or by the Saline County Medical Association, 11-215. Unwholesome Ingredients and the person so examined shall pay the expense of 11-216. Sulphides, etc. Prohibited such examination and furnish a certificate thereof to the 11-217. Cereals and Substitutes health officer. Any such military medical officer or the 11-218. Trichinae Saline County Medical Association shall have the right 11-219. Samples for Examination to make an inspection or examinations 11-220. Misbranding y p provided for 11-221. "Misbranded" by the ordinance. No employee or other person con- 11-222. Permits netted with any establishment covered by this ordinance 11-223. Application for Permits who refuses to comply with any requirement of this ordin- 11-224. Issuance of Permit ante or with any requirement of the health officer as pro- 11-225. Suspension of Permits vided for herein, or who shall refuse to submit to any 11-226. Official Inspection Marks physical examination or to furnish a certificate thereof 11-227. Existing Establishments as required by this ordinance shall thereafter be em- 11-228. Salary of Meat Inspector; How Paid • ployed by or in any manner connected with any such es- 11.229. Penalty tablishment, and the presence of any such employee or 11.201. Definitions. For the purpose of this article other person in any such establishment after such refusal the following words, phrases, names and terms shall be shall require the immediate revocation of any permit construed respectively to mean: • CHAPTER 11. FOODS 95 • (a) PERSON. Any person,firm or corporation. (d) The water supply shall be ample, clean and (b) INSPECTOR. I Either the chief meat inspector Potable, with adequate facilities for its distribution in the or a deputy inspector. plant. (c) ESTABLISHMENT. Any place in the City of (e) The floors, walls, ceiling, partitions, posts, doors, Salina where animals are slaughtered for market together and other parts of all structures shall be of such ma- with such kindred lines of business carried on in con- terials, construction and finish as will make them sus- nection therewith, such as meat canning, curing, emok- ceptible of being readily and thorough cleansed. The ing, salting, packing, rendering and other similar pro- floors shall be kept water tight. The rooms and com- cesses wherein meat, meat foods and meat food products partments used for edible products shall be separate and are prepared for resale. distinct from those used for inedible products. (d) INSPECTED AND PASSED. That the car- (f) The rooms and compartments in which any meat casses, parts of carcasses, meat products or meat food or meat product is prepared or handled, shall be free products so marked have been inspected and passed un- from odors from dressing and toilet rooms, catchbasins, der this ordinance. - hide cellars, casing rooms, inedible tank and fertilizer rooms and stables. (e) PASSED FOR STERILIZATION. That the (g) Adequate sanitary facilities and accommodations carcasses, parts of carcasses, meat or meat products so for employees shall be furnished by every establishment. marked have been inspected and passed on condition that they be rendered into lard or tallow, or otherwise ,(h) In all other cases not covered by these require- sterilized methods approved by the City Health Officer. ments, the preparation or handling of meat, meat pro- ducts or meat food products shall conform to regulations (f) CONDEMNED. That the carcasses, pars of prescribed by the City Health Officer, which regulations carcasses, meat, meat products or meat food products so shall conform as far as practicable to the regulations gov- designated are unsound, unhealthful, unwholesome or erasing meat inspections of the United States Depart- otherwise unfit for human food. meat of Agriculture. Such regulations promulgated by (g) CARCASS. All parts including the viscera of the City Health Officer shall be approved by the Board a slaughtered animal that are capable of being used for of Commissioners. (Sec. 2, Ord. 4987, 116-41, Revised, human food. 1948) (h) MEAT PRODUCTS. Any edible part of a 11-203. Meat Inspectors. It shall be the duty of the carcass of any cattle, sheep, swine, goats, horses or mules, City Manager to appoint a duly qualified person as a which is not manufactured, cured, smoked, processed or meat inspector and in addition thereto to appoint such otherwise treated. deputy inspectors as may be necessary to effectively carry • (i) MEAT FOOD PRODUCTS. Any article of out the provisions of this article. No person shall be food, or any article which may enter into the composition appointed to any such office who has not had at least one of food for human consumption, which is derived or pre- year's actual experience as a meat inspector under the pared in whole or in part from any portion of a carcass, United States Department of Agriculture or under if such portion is all or a considerable and'definite por- some municipality having regulations substantially similar to those provided for in this article. tion of the article. It shall be the duty of such inspectors to: (j) PRODUCT. Shall be construed to mean either (a) At all establishments make an ante mortem meat products or meat food products or both of them. inspection of all animals to be slaughtered for food and a (k) ANIMALS. Cattle, sheep, swine, goats, horses post mortem inspection of all carcasses or parts of car- or mules. (Sec. 1, Ord. 4987, 1-6.41, Revised, 1948) casses to be sold or offered for sale within the corporate limits of the City of Salina, and to make such other in- 11-202. Requirements. Establishments, within the spections of such establishments as may be necessary to meaning of this article shall,conform to the following effectively carry out the provisions of this article. requirements: All such carcasses and meat products so inspected (a) The establishment shall be mainttained in a sani- which are fit for human food shall be plainly marked or tary condition. tagged either under the supervision of such inspector or (b) There shall be abundant light and sufficient by other approved inspection authorities to show that ventilation for all rooms and compartments to insure they have been inspected and passed. sanitary conditions. All such carcasses and meat products as are unfit for (c) There shall be an efficient drainage and plumbing human food shall be plainly marked or tagged by such system for the establishment and premises, and all drains inspector to show that they have been condemned; pro- and gutters shall be properly installed, with approved vided that if any carcass or part thereof'shall have been traps and vents. . found to be fit for human food only after being steri- • 96 ORDINANCES OF THE CITY OF SALINA, KANSAS lized, such part shall be plainly marked or tagged to in- and tagged by a method approved by the City Health dicate it has been passed for sterilization and provided Officer. (Sec. 7, Ord. 4987,.1-6-41) further that where a carcass or part thereof is fit for 11-208. Notices to Inspectors. Each establishment human food, with the exception of a small and incon- shall inform the inspector in charge, when work in each siderable portion thereof, which is unfit for human food department has been concluded for the day, and of the and the fast mentioned mark or tag shall not be re- day and hour when work will be resumed therein. When- moved therefrom until such portion so indicated is sep- ever any meat or meat product requires inspection in any ■ arated from the balance of the carcass or part thereof. establishment during unusual hours, the establishment Carcasses, meat, meat products and meat food pro- shall, at a reasonable time in advance notify the in- ducts which have been inspected and passed and plainly spector in charge of the day and hour when such work marked or tagged by the Inspector of the Bureau of will be commenced. (Sec. 8,Ord. 4987, 1-6-41) Animal Industry of the United State Department of Agriculture or have been inspected and 11-209. Hours of Slaughtering. All slaughtering g p passed by in- in establishments shall be done between the hours of six specters or other municipalities, as is provided for in • this article, shall, except as otherwise provided for in o'clock A. M. and six o'clock P. M. and at such ocher, this article, be exempt from inspection by the inspectors hours as may be approved and agreed upon by the • of the City of Salina. inspector. (Sec. 9, Ord.4987, 1-6-41) y (Sec. 3, Ord. 4987, 1-6-41, Re- vised, 1948) 11-210. Essential Facilities. Facilities and condi- tions essential to the efficient conduct of inspection shall 11-204. -Ante Mortems. An Ante Mortem exami- be provided and maintained by each establishment. (Sec. nation shall be made of all cattle, sheep, swine, goats, 10,Ord. 4987, 1-6-41) horses or mules about to be slaughtered in an establish- 11-211. Medical Examinations of Handlers. Every merit before their slaughter shall be allowed, and when handler of meat in any such establishment and every it is apparent, upon such inspection, that for any suf- person whose work brings him in contact with the slaugh- ficient reason the meat of such animal is unfit for human ter, marketing, storage, transportation or sale of meat, food, such animal shall be plainly tagged "condemned" meat products or meat food products, in bulk or in un- and when it is killed its carcass shall at once be marked wrapped packages, in any such establishments shall have, or tagged "condemned"; and when, on ante mortem in- within twelve months, passed a medical e;camination made spection of an animal the inspector has good reason to by the City Health Officer, or by a licensed physician ap- believe, but is not entirely satisfied, that the meat of such proved by the City Health Officer and to submit such animal is unfit for human food, it shall be tagged as a specimens of bodily discharge as the City Health Officer suspect, and if such animal shall be slaughtered at the may require. (Sec. 11,Ord. 4987, 1-6-41) establishment where the ante mortem inspection was 11-212. Residences Not to Be Used. No establish- made, the whole of the carcass shall be finally inspected before the tag indicating the animal is suspected, is re- ment, or any par[ thereof, shall be used or occupied as moved. Provided expressly, that all "condemned" a residence or lodging place for any person and no animals shall be immediately disposed of at the place of slaughter or processing of livestock shall be permitted in condemnation in a manner approved by the City Health a house, building or place used as a residence or lodging Officer of the City of Salina. (Sec. 4, Ord. 4987, 1-6-41) place for human beings. (Sec. 12, Ord. 4987, 1-6-41) 11-213. Cleanliness. Equipment and utensils used 11-205. Horses and Mules. It shall be unlawful to for preparing, processing, or otherwise handling any slaughter horses or mules or handle the meat or meat meat, meat product or meat food product in any such products thereof in establishments engaged in the slaugh- establishment shall be of such materials and construction ter of cattle, sheep, swine or goats or in the manufacture as will make them susceptible of being readily and of meat food products therefrom. (Sec. 5, Ord. 4987, thoroughly cleaned. Trucks and receptables used for • 1-6-41) inedible products shall bear some conspicuous and dis- 11-206. Condemned Products. All carcasses, or tinctive mark, and shall not be used for handling the edible products. Edible products shall be transported parts thereof, meat, meat products and meat food pro- onl in closed vehicles or otherwise be y protected from ducts condemned by the inspector as unfit for human dust, dirt or contamination, and in such manner as shall food shall be destroyed for food purposes by tanking or be prescribed and approved by the City Health Officer. other adequate means approved by the City Health Of- (Sec. 13, Ord. 4987, 1-6-41) ficer. (Sec. 6, Ord. 4987, 1-6-41) 11-214. Processes-Subject to Inspection. All pro- 11-207. Carcasses, Use of. The carcasses or parts cesses used in curing, pickling, rendering, canning, or thereof, passed for sterilization, which are not rendered otherwise preparing any meat or product thereof in an into lard or tallow may be utilized for food purposes, establishment shall be subject to inspection. (Sec. 14, provided they are first sterilized by methods and marked Ord. 4987, 1-6-41) • • CHAPTER 1I. FOODS 97 11-215. Wholesome Ingredients. No meat or meat meat products, or meat food products, or meat food are product shall contain any substance which impairs its to be sold or offered for sale in the City of Salina, he wholesomeness, or contains any dye, preservative or any shall first apply for and obtain from the City Health Of- chemical injurious to health. Only harmless coloring fiver a permit to engage in such business. All such per- matters may be used and these only with the approval mits shall expire on the 31st day of December of each of and in the manner approved by the City Health Of- year, unless sooner revoked. Provided, however, that fiver. (Sec. 15,Ord.4987, 1-6-41) no such permit nor any inspections herein called for 11-216. Sulphides, etc. Prohibited. The use of sul- pursuant to such permit, shall he required of establish.' phide, any preparation containing sulphur dioxide, or • ments that are regularly Inspected by the Bureau of Animal Industry of the Department of Agriculture. (Sec. any secret preparation, the ingredients of which, in the 22,Ord. 4987, 1-6-41) manufacture or preparation of any meat products and the manufacture, selling or offering for sale of any meat 11-223. Application for Permits. Every application products containing sulphide, sulphur dioxide, or any for a permit provided for by this ordinance shall be in secret preparation is hereby prohibited. (Sec. 16, Ord. form approved by the City.Health Officer and shall state 4987, 1-6-41) the name and address of the applicant; the precise nature 11-217. Cereals and Substitutes. Any meat pro- of the business to be carried on, the extent of his interest In the business for which the permit is desired, and, if ducts to which there have been added cereals or any the applicant is not the owner of such business, then the other meat substitutes, shall be plainly so labeled in all application shall state the name and address of the owner. establishments where meat products are prepared or pro- Said.application shall state the address of the business cessed for sale. (Sec. 17, Ord. 4987, 1-6-41) for which the permit is desired together with such other 11-218. Trichinae. Inasmuch as it cannot cer- information as shall be required by the City Health Of- certainly be determined by any present known method of ficer. (Sec. 23,Ord. 4987, 1-6-41) inspection whether the muscletissue of pork contains 11-224. Issuance of Permit. The City Clerk shall trichinae, and inasmuch as live trichinae are dangerous to health, no article of a kind prepared customarily to issue to the applicant a permit to engage in the business of operating an establishment for preparing meat pro- be eaten without cooking shall contain any muscletissue ducts, when, upon inspection of the premises where it is of pork, unless the pork has been subjected to a tempera- proposed to conduct the business, the inspector has found tare sufficient to destroy all live trichinae, or other treat- the applicant has complied with the provisions of this merit approved by the City Health Officer. (Sec. 18, article and all laws, ordinances and regulations of the Ord. 4987, 1-6-41) City Health Officer, applicable to such business. The 11-219. Examples for Examination. Samples of City of Salina shall furnish such inspection as the City meat products, water, dyes, chemicals, preservatives, Health Offecr shall deem adequate and sufficient to such spices, or other articles in any establishment shall be establishments. taken without cost to The City Health Department for ex- For the issuance of such permit the applicant shall aminadon as often as may be deemed necessary by the pay to the city clerk a fee of Ten Dollars ($10.00) for Chief Inspector. (Sec. 19, Ord. 4987;1-6-41) an establishment which shall be turned into the city 11-220. Misbranding. No person shall, in any such treasury. (Sec. 24, Ord. 4987, 1-6-41, Revised, 1948) establishment, within the City of Salina, manufacture, 11-225. Suspension of Permits. Such permit may purchase, sell, expose for sale, for human consumption be suspended by the City Health Officer for such length or have in his possession with an intent to sell for hu- of time and under such conditions, as the Health Officer man consumption, any meat, meat products, or meat food may prescribe or may be revoked after an opportunity products which is misbranded within the meaning of this for a hearing at a regular meeting of the Board of City article. (Sec, 20, Ord. 4987, 1-6-41, Revised, 1948) Commissioners upon the violation by the holder of any 11-221. "Misbranded." The term "misbranded" of the terms of this ordinance. (Sec. 25, Ord. 4987, as used in this article shall apply to all meat, meat pro- Revised, 1948, 1-6-41) ducts, or meat food products, the label of which shall 11-226. Official Inspection Marks. No such estab- bear any statements, design or device regarding such lishment in the City of Salina shall sell, offer for sale, or article or the ingredients or substitutes contained therein keep for sale, or have on hand for human consumption, which shall be false or misleading in any particular, or the meat or other products of any cattle, sheep, swine, which is falsely branded as to the state, territory or coun- goats, horses or mules other than that bearing the official try in which it was manufactured or produced. Sec. 21, inspection mark of the Inspector of the City of Salina, Ord. 4987, 1-6-41) or the Inspector of the Bureau of Animal Industry of 11-222. Permits. Before any person shall operate the United States Department of Agriculture, or the in- an establishment in the City of Salina from which meat, spector of such other cities inspecting meat and ap- • • • • 98 ORDINANCES OF THE CITY OF SALINA, KANSAS proved under the regulations substantially similar to 11-315. Enforcement; Interpretation those provided for in this article. (Sec. 26, Ord. 4987, 11-316. Penalty 1-6-41, Revised, 1948) • 11-301. Definitions. The following definitions shall 11-227. Existing Establishments. Establishments apply in the interpretation and the enforcement of this now in operation shall be subject to the provisions of this ordinance, being Article 3 of Chapter 11 herein. article. (Sec. 27,Ord. 4987, 1.6-4I, Revised, 1948) (a) Milk. Milk is hereby defined to be the lacteal 11-228. Salary of Meat Inspectors; How Paid. The secretion obtained by the complete milking of one or • salary of the Meat Inspector provided for by this ordin- more healthy cows, excluding that obtained within fifteen once shall be determined from time to time by the Board days before and five days after calving or such longer of Commissioners which sum shall be paid by the es- period as may be necessary to render the milk practically tablishment or establishments requiring his services under colostrum free; which contains not less than eight and the provisions of this ordinance and to which establish- one-half per cent of milk solids-not-fat, and not less than ment or establishments permits under this article have three and one-fourth percent of milk fat. been issued, and shall be pro-rited to such establishments, (b) Milk Fat or Butter Fat. Milk fat or butter fat is if there be more than one, as directed by the City Health the fat of milk. Officer; and the establishment or establishments paying (c) Cream. Cream is a portion of milk which con- such salary as so directed shall within five days after the tains not less than eighteen percent milk fat, and the last day of each month file with the City Clerk a receipt, acidity of which is not more than 0.20 percent, expressed executed by such Meat Inspector, showing the payment as lactic acid. Whipping cream shall contain not less to him by such establishment of the salary as paid by than 30 percent milk fat. such establishment to the Meat Inspector of such amount (d) Skimmed Milk. Skimmed milk is milk from thereof as it has been directed to pay by the City Health which a sufficient Officer, or the whole thereof if there be only one such Portion of milk lac has been removed establishment. (Sec. 30, Ord. 4987, 1-6-41, Revised, to reduce its milk fat percentage to less than three and 1948) one-fourth percent. 11-229. Penalty. Any (e) Milk or Skimmed-Milk Beverage. A milk bever- ty. A y person, firm or corporation age or a skimmed milk beverage is a food compound or violating any of the provisions of this article shall be confection consisting of milk or skimmed milk as the deemed guilty of a misdemeanor, and, upon conviction case may be, to which has been added a syrup or flavor thereof, shall be fined not less than Five Dollars ($5.00) consisting of wholesome ingredients. nor more than Two Hundred Dollars ($200.00), and (£) Buttermilk. Buttermilk is the product which re- each day's violation shall constitute a separate offense. (Sec. 31,Ord.4987, 1-6-41,Revised 1948) mains when fat is removed from milk or cream in the process of churning. It contains not less than eight per- cent of milk solidsatot-far. ARTICLE 3. Milk and Dairy Products (g) Cultured Buttermilk. Cultured Buttermilk is the 11-301. Definitions product resulting from the souring or treatment, by a 11-302. The Sale of Adulterated, Misbranded or lactic acid culture, of milk or milk products. It contains Ungraded Milk or Milk Products Prohibited not less than eight percent of milk solids-not-fat, and • 11-303. Permits; Fees - shall be pasteurized before adding the culture. 11-304. Labeling and Placarding (h) Vitamin D. Milk. Vitamin D milk is milk the 11-305. Inspection of Dairy Farms and Milk Plants vitamin D content of which has been increased to at for the purpose of grading and regrading least 400 U.S.P. units per quart, by a method approved 11-306. The Examination of Milk and Milk Pro- by the health officer. ducts 11-307. The grading of Milk and Milk Products (t) Reconstituted or Recombined Milk. Reconstituted 11-308. Grades of Milk and Milk Products which or recombined milk is a product resulting from the re. may be sold combining of milk constituents with water, and which ' 11-309. Supplementary Grading Prescribed and Re- complies with the standards for milk fat and solids-not- grading Authorized fat of milk as defined herein. 11-310. Transferring or Dipping Milk; Delivery (j) Milk Products. Milk products shall be taken to Containers; Cooling; Quarantined Residences mean and include cream, vitamin D milk, buttermilk, 11-311. Milk and Milk Products from Points Beyond cultured buttermilk, skimmed milk, reconstituted or re- the Limits of Inspection of the City of Salina, Kansas combined milk, milk beverages, and skimmed-milk 11-312. Future Dairies and Milk Plants beverages. 11-313. Notification of Disease _ (k) Goat Milk. Goat milk is the lacteal secretion, 11-314. Procedure when Infection Suspected I free from colostrum, obtained by the complete milking of • CHAPTER 11. FOODS 99 healthy goats, and shall comply with all the requirements (t) Health Officer. The term "health officer" shall of this ordinance. The word "cows" shall be interpreted mean the health authority of the city of Salina, or his to include goats. authorized representative. (I) Homogenized Milk. Homogenized milk is milk (u) Average Bacterial Plate Count, Direct Microsco- which has been treated in such manner as to insure break- P¢ Count, Cooling Temperature, and Coliform Count. up of the fat globules to such an extent that after 48 Average bacterial plate count, average direct miscroscopic hours quiescent storage no visible cream separation oc- count,and average coliform count shall be taken to mean curs on the milk and the fat percentage of the milk in the logarithmic average, and average cooling temperature the top 100 ml. of milk in a quart bottle, or of propor- shall be taken to mean the arithmetic average, of the tionate volumes in containers of other sizes, does not respective results of the last four consecutive samples, differ by more than 10 percent of itself from the fat taken upon separate days, (irrespective of the date of percentage of the remaining milk as determined'after grading or regrading.) thorough mixing. (v) Person. The word "person" shall mean any (m) Half and Half. Half and half is a product individual, partnership, corporation, company, trustee, consisting of a mixture of milk.and cream which con- or association. tains not less than 11:5 percent of milk fat. (w) And/or. Where the term "and/or" is used "and" shall apply where possible, otherwise "or" shall (n) Pasteurization. The terms "pasteurization", apply. (Revised, 1948) "pasteurized", and similar terms shall be taken to refer to the process of heating every particle of milk or milk 11-302. The Sale of Adulterated, Misbranded, or products to at least 143 degrees F., and holding con- Ungraded Milk or Milk Products Prohibited. No person tenuously at such temperature for at least 30 minutes, or shall within the city of Salina, or its police jurisdiction, produce, sell, offer, or expose for sale, or have in posses- at least 160 degrees F.,And holding at such temperature continuously for at least 15 seconds, in approved and lion with intent to sell, any milk or milk product which properly operated equipment; Provided, that nothing is adulterated, misbranded, or ungraded. It shall be on- contained in this definition shall be construed as disbar- lawful for any person, elsewhere than in a private home, ring any other process which has been demonstrated to to have in possession any adulterated, misbranded, or un- be equally efficient and is approved by the State health graded milk or milk products; Provided, that in any authority. emergency the sale of ungraded milk or milk products may be authorized by the health officer, upon the ap- (o) Adulterated and Misbranded Milk and Milk Pro- proval of the State health authority, in which case they ducts. Any milk to which water has been added, or any shall be labeled"ungraded." milk or milk products which contains any unwholesome Adulterated, misbranded, and/or ungraded milk or ,substance, or which if defined in this article does not con- milk products may be impounded by the health officer form with its definition, shall be deemed adulterated. and disposed of in accordance with State law. (Revised, Any milk or milk product which carries a grade label unless such grade label has been awarded by the health 1948) officer and not revoked, or which fails to conform in any 11-303. Permits; Fees. It shall be unlawful for any other respect with the statements on the label, shall be person to bring into, send into, or receive into the city deemed to be misbranded. of Salina, or its police jurisdiction, for sale, or to sell, or (p) Milk Producer. A milk producer is any person offer for sale therein, or to have in storage where milk who owns or controls one or more cows, a part or all of or milk products are sold or served, any milk or milk the milk or milk products from which is sold or offered product defined in this article, who does not possess a for sale. permit from the health officer of the City of Salina. (q) Milk Distributor. A milk distributor is any per- Only a person who complies with the requirements son who offers for sale or sells to another any milk or of this article shall be entitled to receive and retain such milk products for human consumption as such. a permit. Permits shall not be transferable with respect , to persons and/or locations. (r). Dairy or Dairy Farm. A dairy or dairy farm is Such a permit may be temporarily suspended by the • any place or premises where one or more cows are kept, health officer upon violation by the holder of any of the a part or all of the milk or milk products from which is terms of this article, or for interference with the health sold or offered for sale. officer in the performance of his duties, or revoked after (s) Milk Plant. A milk plant is any place or prem• an opportunity for a hearing at a regular meeting of the ices or establishment where milk or milk products are Board of Commissioners upon serious or repeated viola- collected, handled, processed, stored, bottled, pasteurized, tions. or prepared for distribution, except an establishment Before any such permit shall be issued by the health where milk or milk products are sold at retail only. officer, the person desiring the same shall file with the 100 ORDINANCES OF THE CITY OF SALINA, KANSAS health officer an application signed by such person, which produced, stored, bottled, pasteurized or prepared for shall state the name of such person and the name under distribution, shall be $10.00 per year for the first vehicle which he does business. The kind of business in which and $5.00 per year for each additional vehicle used by such person is 'engaged and for which he desires such such person in connection with the sale or distribution permit, the location of the dairy farm, milk plant, or of such milk or milk products. (Revised, 1948) other place of business for which such permit was de- 11-304. Labeling and Placarding. All bottles, sired, the number of cows kept on any such dairy farm, cans, packages, and other containers enclosing milk or in case the applicant is a milk producer, whether the same any milk product defined in this article shall be plainly are milked or not, and the number and kind of vehicles labeled or marked with (1) the name of the contents as used by any such person in connection with the sale or given in the definitions in this article; (2) the grade of distribution of such milk, together with such other in- the contents if said contents are graded under the pro- formation as the health officer may require, and shall visions of the article; (3) the word "pasteurized" only pay to the health officer the fees provided for in this if the contents have been pasteurized; (4) the word article, which fees shall be accounted for and turned over °raw" only if the contents are raw; (1) the name of the by the health officer to the City Clerk and placed in the producer if the contents are raw, and the name of the City Treasurer to the credit of the Milk Inspection De- plant at which the contents were pasteurized, if the con- . partment of the general fund of said city. tents are pasteurized; and (6) in the case of vitamin D Any such permit shall remain in effect only for the milk, the designation "Vitamin D Milk" and the source remainder of the calendar year during which it is issued of the vitamin D. The label or mark shall be in letters and shall expire on December 31st of such year. When- of a size, kind, and color approved by the health officer ever after any such permit is issued the person holding and shall contain no marks or words not approved by . the same shall have or keep any additional cows on his the health officer, . premises not listed in his application for such permit, or Every restaurant, cafe, soda fountain, or other es- shall use any additional vehicles not listed and described tablishment serving or selling milk or milk products shall in said application, he shall file with the health officer display at all times, in a place designated by the health a supplemental application and pay such additional fees officer, a notice approved by the health officer, stating therefor as may be required in this ordinance, such ad- the lowest grade of milk and/or milk products served, ditional fees to be computed as if such additional cows and no establishment or other place where milk or milk or vehicles were included in the original application and products are sold or served for consumption on the in the permit issued to such person for that year. premises shall serve or deliver to any person, for con- The fees which shall be required of and paid by all sumption as a beverage, any milk or milk products except persons as hereinabove provided for shall be as follows: in the original bottle or container, and with the original Each milk producer, who produces and sells raw milk cap or label thereon, showing the grade of such milk or at retail to the ultimate consumer for home consumption milk products had-by whom bottled or produced which or to stores, restaurants, soda fountains, or other estab- cap or label shall be removed only in the presence of the lishments for resale, shall pay an annual permit fee of person to whom such milk or milk products are served $3.00 for three cows or less, owned or controlled by such or delivered. (Revised, 1948) - person, a part of or all of the milk or milk products 11-305. Inspection of Dairy Farms and Milk Plants from which are sold, and SOc additional for each ad- for the Purpose of Grading and Regrading. As often as ditional cow over three in number, provided that no ad- the health officer may deem necessary prior to the estab- ditional permit fee shall be charged to any such person lishment and certification of any grade, and at least once for any vehicle used by him in the sale or distribution thereafter during each grading period- the health officer exclusively of such raw milk or milk product. shall inspect all dairy farms and all milk plants whose Each milk producer producing and selling raw milk milk or milk products are intended for consumption to any milk plant, for pasteurization, shall pay an an- within the City of Salina, or its police jurisdiction, and nual permit fee of $1.00 for each herd of cows owned or as a result of such inspection or any subsequent inspec- controlled by such person, a part of or all of the milk or tion as herein provided for, shall determine and establish milk products of which are sold to any milk plant for the grade of the milk or milk products produced or pro- pasteurization only. cessed on or in any such dairy farm or milk plant and Every person owning or controlling a restaurant, intended for consumption as a product of such dairy cafe, soda fountain, store or other establishment, serving farm or milk plant, and shall furnish to the producer or or selling milk or milk products shall pay an annual per- distributor of such milk or milk products a certificate of mit fee of$1.00 per year. such grade, and shall announce such grade, or any Permit Fees: Pasteurizing Plants. The annual permit change thereof, at the times and in the manner here- fee required to be paid by persons owning or controlling. inafter provided for. In case the health officer discovers a milk plant where milk or milk products are handled, the violation of any item of sanitation, he shall make a CHAPTER 11. FOODS 101 second inspection after a lapse of such time as he deems require. Bacterial plate counts shall be made in con- necessary for the defect to be remedied, but not before formity with the latest standard methods recommended the lapse of three days, and the second inspection shall by the American Public Health Association. Examina- be used in determining the grade of milk and/or milk dons may include such other chemical and physical de- products. Any violation of any item of this article on terminations as the health officer may deem necessary two consecutive inspections within one grading period for the detection of adulteration, these examinations to shall call for immediate degrading, and in such event be made in accordance with the latest standard methods the health officer shall establish and determine the grade of the American Public Health Association, and the to which such milk or milk products is entitled, and Association of Official Agricultural Chemists. Bacterial shall certify the same to the producer or distributor of plate counts and cooling temperature results shall be such milk or milk product as provided for in the case of given to the producer, or distributor concerned as soon the establishment and determination of an original grade. as determined. Samples may be taken by the health Any grade established and determined by the health of- officer at any time prior to the final delivery of the milk ficer for the milk or milk product of any dairy farm or or milk products. All proprietors of stores, cafes, res- milk plan[, and certified as herein provided for, shall taurants, soda fountains, and other similar places shall remain as the established grade of such milk or milk furnish the health officer, upon his request, with the product until the same is changed, and such milk or name of the distributor, from whom their milk and/or milk product is regraded by the health officer, as in this milk products are obtained. Bioassays of the vitamin article provided for, and it shall be unlawful for any D content of vitamin D milk shall be made when re- person to sell, offer or expose for sale, or have in his quired by the health officer in a laboratory approved by possession with the intent to sell, or as available for sale, him for such examinations. in the City of Salina, Kansas, any milk or milk product Whenever the average bacterial count, or the average which is labeled or branded, or placarded, as being of cooling temperature, or the average coliform count falls any grade other than the grade last duly determined, es- beyond the limit for the grade then held, the health of- tablished and certified by the health officer as in this ficer shall send written notice thereof to the person con- article provided for. cerned and shall take an addition sample, but not before One copy of the inspection report and certificate of the lapse of 3 days, for determining a new average, in grade, shall be posted by the health officer in a con- accordance with Section 11-301 U. spicuous place upon an inside wall of one of the dairy Violation of the grade requirement by the new aver- farm or milk plant buildings, and said inspection report age of by any subsequent average during the remainder and certificate shall not be removed by any person except of the current 6-months period shall call for immediate • the health officer. Another copy of the inspection re- degrading or suspension of. the permit, unless the last port and certificate shall be filed with the records of the individual result is•within the grade limit. health department. • In case of violation of the phosphatase test require- The announcements of grades, as hereinabove pro- mined the cause of underpasteurization shall be deter- vided for, and as mentioned in Section I1-307 of this mined and removed before milk or milk products from article, shall be made by the health officer at least once this plant can again be sold as pasteurized milk or milk every six months, and whenever, after any regular an- products. (Revised, 1948) nouncement is made, the previously announced grade of 11-307. The Grading of Milk and Milk Products. any producer or distributor has been changed or the At least once every 6 months the health officer shall an- milk or milk products of such producer or distributor nounce the grades of all milk and milk products delivered has been regraded as provided for in this article, and by all distributors and ultimately consumed within the any such announcement shall be made by the health of. City of Salina,or its police jurisdiction. If, after any regu- ficer by public notice, which shall either be published lar announcement is made, the previously announced one time in the official city paper, or posted in a con- grade of any producer or distributor has been changed or spicuous place at the entrance of the City Building in the milk or milk products of such producer or distributor which the office of the health officer is maintained. (Re- has been regraded as provided for in this article, vised, 1948) such announcement shall be made by the health officer 11-306. The Examination of Milk and Milk Pro- by public notice, which shall either be published one time in the official city paper, or posted in a conspicuous ducts. During each grading period at least four samples place at the entrance of the City Building in which the of milk and/or milk products from each dairy farm and office of the health officer is maintained. each milk plant shall be taken on separate days and ex- amned by the health officer. Samples of milk and/or Vitamin D Milk shall be only of Grade A or Grade milk products from stores, cafes, soda fountains, restaur- B Pasteurized, Certified,or Grade A Raw quality. ants and other places where milk or milk products are Certified Milk. Certified milk is milk which conforms sold shall be examined as often as the health officer may with the current requirements of the American Associa- 102 ORDINANCES OF THE CITY OF SALINA, KANSAS Lion of Medical Milk Commission, and is produced under such test'any reactor is found such reactor shall be re- the supervision of the Medical Milk Commission of the moved from the premises, and all other cows in the same Medical Society of Saline County, and of the State herd or on the same premises, and all other cows in the Board of Health or the City or County Health Officer,of same herd or on the same premises shall be re-tested Salina,Kansas. within 90 days from such date. A certificate identifying Grade A Raw Milk. Grade A raw milk is raw milk each animal by number, and signed by the veterinarian produced upon dairy farms conforming with all of the and/or laboratory making the test and filed in the office following items of sanitation, and the bacterial plate of the city health officer shall be evidence of the above count or the direct microscopic clump count of which test. does not exceed 50,000 per milliliter, as determined in Cows which show a complete induration of one guar- accordance with Section 11-306. ter or extensive induration in one or more quarters of the Grade'A raw milk for pasteurization is raw milk udder upon physical examination, whether secreting produced upon dairy farms conforming with all of the abnormal milk or not, shall be permanently excluded following items of sanitation except item 24r (bottling from the milking herd; Provided, That this shall not and capping), item 25r (personnel, health,) and such apply in the case of.a quarter that is completely dry. portions of other items as are indicated therein, and the Cows giving bloody, stringy, or otherwise abnormal milk, bacterial plate count or the direct microscopic clump but without entire or extensive induration of the udder, count, of which, as delivered from the farm, does not shall be excluded from the- herd until 're-examination, exceed 200,000 per milliliter, as determined in accord- shows that the milk has become normal. ance with Section 11-306. For other diseases such tests and examinations as the Item Ir. Cows, Health. Except as provided herein- health officer may require after consultation with State after, a tuberculin test of all herds and additions thereto livestock sanitary officials shall be made at intervals and shall be made before any milk therefrom is sold, and at by methods prescribed by him, and any diseased animals least once every 12 months thereafter, by a licensed or reactors shall be disposed of as he may require. veterinarian approved by the State livestock sanitary Item 2r. Dairy Barn Lighting. A dairy or milking authority. Said tests shall be made and any reactors dis- barn shall be required, and such sections thereof posed of in accordance with the requirements approved where cows are milked shall have at least three square by the United States Department of Agriculture, Bureau feet of light area for each stanchion, and when necessary of Animal Industry, for accredited herds. A certificate shall be provided with adequate supplementary artificial signed by the veterinarian or attested to by the health light officer and filed as directed by the health officer shall be evidence of the above test-, Provided, that in modified Item 3r. Dairy Barn, Air Space and Ventilation. accredited tuberculosis-free counties in which the modi- Such sections of all dairy barns where cows are kept or fled accredited area plan is applied to the dairy herds, milked shall have at least 400 cubic feet of air space per system approved stanchion,and shall be well ventilated. the modified accredited area s y pproved by the United States Bureau of Animal Industry shall be ac- Item 4r. Dairy.Barn,Floors. The floors and gutters cepted in lieu of annual testing. of such parts of all dairy barns in which cows are milked Bang's Disease. No milk or milk products shall be shall be constructed of concrete or other impervious and produced, sold or distributed for consumption in the easily cleaned material approved by the health officer City of Salina unless all of the cows in the herd or and shall be graded to drain properly, and shall be kept herds from which any such milk is produced and all clean and in good repair. No horses, pigs, fowl, calves, cows kept on the same premises with the cows from which etc., shall be permitted in parts of the barn used for any such milk is produced shall have been found free milking. from Bang's disease as shown by blood serum tests Item 5r. Dairy Barn, Walls and Ceilings. The walls for agglutinins against Brucella abortus. Blood samples and ceilings of all dairy barns shall be whitewashed once shall be taken by a licensed veterinarian and tests shall each year or painted once every two years, or oftener if be made in the City laboratory or a laboratory approved necessary, or finished in a manner approved by the health by the health officer. All reactors shall be immediately officer, and shall be kept clean and in good repair. In removed from the premises and disposed of in accord- case there is a second story above that part of the barn ance with the requirements of the health officer and/or in which cows are milked, the ceiling shall be tight. If State livestock sanitary commissioner, All such cows the feed room adjoins the milking space it shall be shall be so inspected and tested and certificates covering separated therefrom by a dust-tight partition, provided the cows so tested shall be filed with the city health officer with self-closing doors. No feed shall be stored in the within 90 days from the date this section takes effect. milking portion of the barn. All such cows shall be so tested, inspected and certified Item 6r. Cow Yard. The cow yard shall be graded at least once every 12 months thereafter and if at any and drained as well as practicable and so kept that there CHAPTER 11. FOODS 103 are no standing pools of water nor accumulations of storage or transportation of milk or milk products shall organic wastes. Swine shall be kept out. be made of smooth non-absorbent material and of such Item 7r. Manure Disposal. All manure shall be construction as to be easily cleaned and shall be in good removed and stored or disposed of in such manner as repair. Joints and seams shall be welded or soldered best to prevent the breeding of flies therein or the access flush. Woven wire cloth shall not be used for straining of cows to piles thereof. milk. If milk is strained filter pads shall be used and not Item Sr. Milk House or Room Construction. (a) re-used, All milk pails obtained hereafter shalt be of the There shall be provided a milk house or milk room in seamless hooded type. All single-service containers, which the cooling, handling, and storing of milk and closures, and filter pads used shall have been manufac- tared, packaged, transported, and handled in a sanitary milk products and the washing, bactericidal treatment, and storing of'milk containers and utensils shall be done. manner. The milk house or room shall be provided with a tight Item 13r. Utensils,Cleaning. All multi-use contain- floor constructed of concrete or other impervious mater- ers, equipment, and other utensils used in the handling, ial, in good repair, and graded to provide proper drain- storage, or transportation of milk and milk products age. (b) It shall have walls and ceilings of such con- shall be thoroughly cleaned after each usage. struction as to permit easy cleaning, and shall be well Item 14r. Utensils, Bactericidal Treatment. All painted and finished in an approved manner. (c) It shall be well lighted and ventilated. (d) It shall have multi-use containers, equipment, and other utensils used all openings effectively screened, including outward- milk the handling, storage, or transportation of milk or opening, self-closing doors, unless other effective means milk products shall, before each usage, be effectively are provided to prevent the entrance of flies. (e) It shall subjected to an approved bactericidal process with steam, be used for no other purposes than those specified hot water, chemicals, or hot air. above except as may be approved by the health officer; Item 15r. Utensils, Storage. All containers and shall not open directly into a stable or into any room other utensils used in the handling, storage,or transporta- used for domestic purposes; shall, unless the milk is to Lion of milk or milk products shall, unless stored in be pasteurized, have water piped into it; shall be pro- bactericidal solutions, be so stored as to drain and dry vided with adequate facilities for the heating of water and so as not to become contaminated before being used. for the cleaning of utensils; shall be equipped with two- compartment stationary wash and rinse vats, except that Item 16r. Utensils, Handling. After bactericidal in the case of retail raw milk, if chemicals are employed treatment containers and other milk and milk product utensils shall be handled in such a manner as to prevent as the principal bactericidal treatment, the three-com- partment type must be used; and shall, unless the milk is contamination of any surface with which milk or milk to be pasteurized, be partitioned to separate the handling products come in contact. of milk and the storage of cleansed utensils from the Item 17r. Milking, Udders, and Teats, Abnormal cleaning and other operations, which shall be so located Milk. Milking shall be done in the milking barn or and conducted as to prevent any contamination of the stable.' The udders and teats of all milking cows shall milk or of cleaned equipment. (f) A placard containing be clean and wiped with an approved bactericidal sofa- , Section 11-313 shall be posted in the milk house. Lion at the time of milking. Abnormal milk shall be Item 9r. Milk House or Room,Cleanliness and Flies, kept out of the milk supply and shall be so handled and The floors, walls, ceilings, and equipment of the milk disposed of as to preclude the infection of the cows and house or room shall be kept clean at all times. All means the contamination of milk utensils. necessary for the elimination of flies shall be used. Item 18r. Milking, Flanks. The flanks, bellies, and Item lOr- Toilet. Every dairy farm shall be pro- tails of all milking cows shall be free from visible dirt at vided with one or more sanitary toilets conveniently the time of milking. All brushing shall be completed located, and constructed, operated, and maintained in before milking commences. accordance with the recommendations of the State Board Item 19r. Milkers' Hands. Milkers hands shall be of Health, so that the waste is inaccessible to flies and clean, rinsed with bactericidal solution, and dried with a does not pollute the surface soil or contaminate any clean towel immediately before milking and following water supply. any interruption in the milking operations. 'Wet hand Item 11r. Water Supply, The water supply for the milking is prohibited. Convenient facilities shall be pro- milk room and dairy barn shall be properly located, pro- vided for the washing of milkers'hands. tected, constructed, and operated, and shall be easily Item 20r. Clean Clothing. Milk and milk handlers accessible, adequate, and of a safe, sanitary quality. shall wear clean, washable outer garments while milking Item 12r. Utensils, Construction. All multiuse con- or handling milk, milk products, containers, utensils, or tainers, equipment, or other utensils used in the handling, equipment. 104 ORDINANCES OF THE CITY OF SALINA, KANSAS Item 21r. Milk Stools. Milk stools shall be made of! strutted and operated as to protect the milk or milk metal or other impervious material and shall be kept products from the sun and from contamination. Such clean, without padding and stored in the milk house. vehicles shall be kept clean and no substance capable Item 22r. Removal of Milk. Each pail of milk shall of contaminating milk or milk products shall b'e trans- be removed immediately to the milk house or straining ported with milk or milk products in such manner as to room. No milk shall be strained or poured in the dairy permit contamination, All vehicles used for the dis- barn. tribution of milk or milk products shall have the name Item 23r. Cooling. Milk must be cooled immed- of the distributor prominently displayed therein. iately after completion of milking to 50 degrees F. or Grade B. Raw Milk. Grade B. raw milk is raw milk less, and maintained at that average temperature as de- which violates the bacterial standard for grade A raw fined in Section 1 (U), until delivery. If milk is de- milk, but which conforms with all other requirements, livered to a milk plant or receiving station for pasteur- and the bacterial plate count or the direct microscopic ization or separation, it must be delivered within 2 hours clump count of which does not exceed 200,000 per milli- after completion of milking or cooled to 70 degrees F. liter, as determined in accordance with Section 11-306. or less and maintained at that average temperature until Grade B raw milk for pasteurization is raw milk which violates the bacterial standard for grade A raw delivered. g Item 24r. Bottling and Capping. Milk and milk milk for pasteurization but conforms with all other re- products shall be bottled from a container with a readily quirements, and the bacterial plate count or the direct cleanable valve, or by means of a bottling machine ap- microscopic clump count of which, as delivered from the proved by the health officer. Bottles shall be capped by farm, does not exceed 1,000,000 per milliliter. machine. The bottler and capper shall be cleaned and Grade C Raw Milk. Grade C raw milk is raw milk subjected to bactericidal treatment before each usage. which violates any of the requirements for grade B raw Caps shall be purchased in sanitary containers and kept milk. therein until used. Grade C raw milk for pasterization is raw milk which Item 25r. Personnel, Health. Every person con- violates any of the requirements for grade B raw milk netted with a retail raw dairy whose work brings him in for pasteurization. contact with the production, handling or storage of milk Grade A Pasteurized Milk. Grade A pasteurized milk -products, containers or equipment shall furnish milk is grade A raw milk for pasteurization which has such information,permit such physical examinations,and been pasteurized, cooled, and placed in the final con- submit such laboratory specimens as the health officer tainer in a milk plant conforming with all of the follow- may require, for the purpose of determining the freedom ing items of sanitation, which in all cases shows efficient of such person from infection, and it shall be the duty pasteurization as evidenced by satisfactory phosphatase of the health officer to secure such information from such tests, and which at no time after pasteurization and until persons and to require such physical examinations of delivery has a bacterial plate count exceeding 30,000 such persons immediately after the issuance of a permit per milliliter or a coliform count exceeding 10 per milli- to any person owning or controlling any such dairy. liter as determined in accordance with Section 11-306. The health officer or a physician authorized by him Item 1p. Floors. The floors of all rooms in which shall in each case take a careful history of such person milk or milk products are handled or stored or in which and make such examination as he or such physician may milk utensils are washed shall be constructed of concrete deem necessary, and if such history or examination sug- or other equally impervious and easily cleaned material gests that such person may be a carrier of or infected and shall be smooth, properly 'drained, provided with with the organism of typhoid fever, paratyphoid fever trapped drains,and kept clean. or any other communicable, infectious or contagious Item 2p. Walls and Ceilings. Walls and ceilings of disease, he shall secure appropriate specimens of bodily rooms in which milk or milk products are handled or discharges and cause them to be examined in a laboratory stored or in which milk utensils are washed shall have a approved by him or by the State Health authorities for smooth, washable, light-colored surface, and shall be such examination, and if any such examination discloses kept clean and in good repair. that any such person is a carrier of any such disease or is afflicted with or suffering from any such disease, it Item 3p. Doors and Windows. All openings into shall be unlawful for any such person to continue to the outer air shall be effectively screened to prevent the work or remain in or about such dairy, and it shall be un- access of flies. Doors shall be self-dosing. lawful for the person owning or controlling any such Item 4p. Lighting and Ventilation. All rooms shall dairy to permit any such persons to work or remain in or be well lighted and ventilated. about any such dairy. Item Sp. Miscellaneous Protection from Contamina- Item 26r. Vehicles. All vehicles used for the trans- tion. The various milk-plant operations shall be so lo- portation of milk or milk products shall be so con- cated and conducted as to prevent any contamination of • • CHAPTER 11. FOODS 105 the milk or of the cleaned equipment. All means ne- Item Hp. Cleaning and Bactericidal Treatment of cessary for the elimination of flies, other insects, and Containers and Equipment. Alb milk and milk products rodents shall be used. There shall be separate rooms for containers and equipment, except single-service contain- (a) the pasteurizing, processing cooling, and bottling ers, shall be thoroughly cleaned after each usage. All operations, and (b) the washing and bactericidal treat- containers shall be effectively subjected to an approved ment of containers. Cans of raw milk shall not be un- bactericidal process after each cleaning and all equip- loaded directly into the pasteurizing room. Rooms in ment immediately before each usage. When empty and which milk, milk products, cleaned utensils, or contain- before being returned to a producer by a milk plant each ers are handled or stored shall not open directly into any container shall be thoroughly cleaned and effectively stable or living quarters. The pasteurization plant and subjected to an approved bactericidal process. milk containers, utensils, and equipment shall be used Item 13p. Storage of Containers. After bactericidal for no other purposes than the processing of milk and milk products and the operations incident thereto, ex- treatment all bottles, cans, and other milk or milk pro- cep[as may be approved by the health officer. ducts containers shall be stored in such manner as to be . protected from contamination. Item 6p. Toilet Facilities. Every milk plant shall be provided with sanitary toilet facilities which shall be Item 14p. Handling of Containers and Equipment.' approved by the health officer, and conforming with the Between bactericidal treatment and usage and during ordinances of the City of Salina. There shall be at usage, containers and equipment shall not be handled least one room or vestibule not used for milk purposes or operated in such manner as to permit contamination between the toilet room and any room in which milk or of the milk. Pasteurized milk or milk products shall milk products are handled or stored. The doors of all not be permitted to tome in contact with equipment with toilet rooms shall be self-closing. Toiler rooms shall be which unpasteurized milk or milk products have been in kept in a clean condition, in good repair, and well ven- contact, unless the equipment has first been thoroughly tilated. In case privies or earth closets are permitted cleaned and effectively subjected to an approved bac. and used, they shall be separate from the building and tericidal process. No milk or milk products shall be shall be of a sanitary type constructed and operated in permitted to come in contact with equipment with which conformity with the requirements of Grade A raw milk. a lower grade of milk or milk products has been in con-' tact, unless the equipment has first been thoroughly Item 7p. Water Supply. The water supply shall cleaned and effectively subjected to an approved bac- be easily accessible, adequate, and of a safe, sanitary tericidal process. quality. • Item 15p, Storage of Caps, Parchment Paper, and Item Sp. Hand-Washing Facilities. Convenient Single-Service Containers. Milk bottle caps or cap stock hand-washing facilities shall be provided, including hot parchment paper for milk cans, and single-service con- and cold running water, soap and approved sanitary tainers and gaskets shall be purchased and stored only towels. Hand-washing facilities shall be kept clean. The in sanitary tubes, wrappings, and cartons, shall be kept use of a common towel is prohibited. No employee shall therein in a clean, dry place, and shall be handled in a resume work after using the toilet room without first sanitary manner. washing his hands. Item 16p. Pasteurization. Pasteurization shall be Item 9p. Sanitary Piping, All piping used to con- performed as described in Section 1 (k) of this article. duct milk or milk products shall be "sanitary milk pip- The time and temperature record charts shall be dated ing" of a type which can be easily cleaned with a brush. and preserved for a period of three months for the in- Pasteurized milk and milk products shall be conducted formation of the health officer, from one piece of equipment to another only through sanitary milk piping. Item 17p. Cooling. All milk and milk products re- , ceived for pasteurization shall immediately be cooled in Item 10p. Construction and Repair of Containers approved equipment to 50 degrees F. or less and main- and Equipment. All multi-use containers and equipment mined at that temperature until pasteurized, unless they with which milk or milk products come in contact shall are to be pasteurized within 2 hours after receipt; and be so constructed and located as to be easily cleaned and all pasteurized milk and milk products except those to shall be kept in good repair. All single-service contain- be cultured shall be immediately cooled in approved ers, closures, and gaskets used shall have been manu- equipment to a temperature of 50 degrees or less and factored, packaged, transported and handled in a rani- maintained thereat until delivery, as determined in ac- tary manner. cordance with Section 11.306. Item 11p. Disposal of Wastes. All wastes shall be Item Isp. Bottling. Bottling of milk and milk pro- disposed of in conformity with the requirements of the ducts shall be done at the place of pasteurization in ap- health officer. proved mechanical equipment. • 106 ORDINANCES OF THE CITY OF SALINA, KANSAS Item 19p. Overflow Milk. Overflow milk products 11-308. Grades'of Milk and Milk Products Which shall not be sold for human consumption. May Be Sold. From and after the effective date of this Item 20p. Capping. Capping of milk and milk ordinance no milk or milk products shall be sold or kept products shall be done in a sanitary manner by approved for sale to the final consumer or to restaurants, soda mechanical equipment. Hand capping is prohibited. fountains, grocery stores, or similar establishments ex. The cap or cover shall protect the pouring lip to at least cep[ its largest diameter. Grade A, Grade B, and Grade C, raw and pasteurized Item 21p. Personnel, Health. The health officer or milk • a physician authorized by him shall examine and take a Grade A and Grade B of all other milk products in- careful morbidity history of every person connected eluding but not by way of limitation homogenized milk. with a pasteurization plant, or about to be employed, (Revised, 1948)whose work brings him in contact with the production, 11-309. Supplementary Grading Prescribed and Re- handling, storage, or transportation of milk, milk pro- grading Authorized. If, at any time between the regular ducts, containers, or equipment. If such examination or announcements of the grades of milk or milk products, • history suggests that such person may be a carrier of or as the result of the findings of two consecutive inspec- infected with the organisms of typhoid or paratyphoid tions of any dairy or milk plant, or because the average fever or any other communicable diseases likely to• be bacterial' plate count, the average direct microscopic . transmitted through milk, he shall secure appropriate count, the average coliform count, or the average cooling specimens of body discharges and cause them to be ex- temperature exceeds the limit fixed for the grade currently amined in a laboratory approved by him or by state held by the milk supply in question, a lower grade shall health authorities for such examinations, and if the re- become justified in accordance with Section 11-307 of sults justify such persons shall be barred from such em- this article, the health officer shall immediately lower ployment. the grade of such milk or milk products, and shall en- Such persons shall furnish such information, submit force proper labeling and placarding thereof. to such physical examinations,and submit such laboratory Any producer or distributor of milk or milk pro- specimens as the health officer may require for the pur- ducts the grade of which has been/lowered by the health pose of determining freedom from infection. officer, and who is properly labeling his milk and/or Item 22p. Personnel, Cleanliness. All persons com- milk products, may at any time make application for the ing in contact with milk, milk products, containers or regrading of his product. equipment shall wear clean outer garments and shall Upon receipt of a satisfactory application, in case keep their hands clean at all times while thus engaged. the lowered grade is the result of an excessive average Item 23p. Vehicles. All vehicles used for the bacterial place count, or cooling temperature, the health , transportation of milk or milk products shall be so con- officer shall take further samples of the applicant's out- structed and operated as to protect the milk or milk pro- put, at a rate of not more than two samples per week. ducts from the sun and from contamination. Such ve- The health officer shall immediately regrade the milk or hides shall be kept clean, and no substance capable of milk products upward whenever the average of the last contaminating milk or milk products shall be transported four sample results indicate the necessary quality. with milk or milk products in such manner as to permit In case the lowered grade of the applicant's product contamination. All vehicles used for the distribution of is due to a violation of an item of the specifications pie- milk or milk products shall have the name of the dis- scribed in Section 11-307, other than average bacterial tributor prominently displayed. plate count, or cooling temperature, the said application Grade B Pasteurized Milk. Grade B pasteurized must be accompanied by a statement signed by the ap- milk is pasteurized milk which violates the bacterial stand- plmant to the effect that the violated item of the speci- ard for grade A pasteurized milk and/or the provision fications has been conformed with. Within one week of of lip-cover caps of item 20p and/or the requirement the receipt of such an application and statement the that Grade A raw milk for pasteurization be used, but health officer shall make a reinspection of the applicant's which conforms with all other requirements for grade establishment, and, in case the findings justify, shall • A pasteurized milk, has been made from raw milk for regrade the milk or milk products upward. pasteurization of not less than grade B quality, and has In no case shall any degraded supply of milk or a bacterial plate count after pasteurization and before milk products be regraded upward until it shall have delivery not exceeding 50,000 per milliliter as determined been labeled and placarded in accordance with the low- in accordance with Section 11-306. ered grade of period of at least five- days. (Revised, Grade C. Pasteurized Milk. Grade C pasteurized 1948) milk is pasteurized milk which violates any of the re- 11-310. Transferring or Dipping Milk; Delivery quirements for grade B pasteurized milk. Containers; Cooling, Quarantined Residences. Except • • CHAPTER II. FOODS 107 as permitted in this section, no milk producer or distri- strutted; reconstructed, or extensively altered shall con- butor shall transfer milk or milk products from one con- form in their construction to the grade A requirements miner to another on the street, or in any vehicle, or store, of this ordinance. Properly prepared plans for all or in any place except a bottling or milk room especially dairies and milk plants which are hereafter constructed, used for that purpose The sale of dip milk is hereby reconstructed, or extensively altered shall' be submitted prohibited. to the health officer for approval before work is begun. Milk and milk products sold in the distributor's con- In case of milk plants signed approval shall be obtained tainers in quantities less than 1 gallon shall be delivered from the health officer and/or the State health authority. in standard milk bottles or in single-service containers. (Revised, 1948) It shall be unlawful for hotels, soda fountains, restaur- 11-313. Notification of Disease. No person who is ants, groceries, hospitals, and similar establishment to sell affected with any disease in a communicable form or is a or serve any milk or milk product except in the individual carrier of such disease shall work at any dairy farm or original container in which it was received from the dis- milk plant in any capacity which brings him in contact tributor or from a bulk container equipped with an ap- with the production, handling, storage, or transportation proved dispensing device; Provided, That this require- of milk, milk products, containers, or equipment, and no mont shall not apply to cream consumed on the premises, dairy farm or milk plant shall employ in any such which may be served from the original bottle or from a capacity any such person or any person suspected of dispenser approved for such service. being affected with any disease in a communicable form It shall be unlawful for any hotel, soda fountain, or of being a carrier of such disease. Any producer or restaurant, grocery, hospital, or similar establishment to distributor of milk or milk products upon whose dairy sell or serve any milk or milk product which has not farm or in whose milk plant any communicable disease been maintained, while in its possession, at a temperature occurs, or who suspects that any employee has contracted of 50 degrees F. or less. If milk or milk products in any disease in a communicable form or has become a non-leakproof containers are stored in water for cool- carrier of such disease shall notify the health officer im- ing, the pouring lip of the container shall not be sub- mediately. (Revised, 1948) merged. 11-314. Procedure When Infection Suspected. It shall be the duty of all persons to whom milk and When suspicion arises as to the possibility of trans- milk products are delivered to clean thoroughly the con- mission of infection from any person concerned with tainers in which such milk or milk products are delivered the handling of milk or milk products the health officer before returning such containers. is authorized to require any or all of the following mea- The delivery of milk or milk products to and the surer: (1) the immediate exclusion of that person from collection of milk or milk products containers from milk handling, (2) the immediate exclusion.of the milk residences in which cases of communicable disease trans- supply concerned from distribution and use, (3) adequate miscible through milk supplies exists shall be subject to medical and bacteriological examination of the person, the special requirements of the health officer. of his associates,and his and their bodily discharge. (Re- vised, 1948) Homogenized milk or homogenized cream shall not be mixed with milk or cream which has not been homo- 11-315. Enforcement,' Interpretation. This article genized. (Revised, 1948) and the various terms used herein shall be enforced and interpreted in accordance with the interpretations there- 11-311. Milk and Milk Products from Points Be- of contained in the latest current edition of the U. S. yond the Limits of Inspection of the City of Salina, Kan- Public Health Service Milk Code as published from time sas. Milk and milk products from points beyond the to time and any amendments, revision, or editions there- limits of inspection of the City of Salina may not be of. (Revised, 1948) sold in the City of Salina or its police jurisdiction, unless 11-316. Penalty. Any person who shall violate any produced and pasteurized under grading provisions of the provisions of this article or who shall fail, refuse identical with those of this ordinance and approved by or neglect to comply with any of such provisions or with the health officer. Proof satisfactory to and approved any of the lawful orders or regulations made by the by the health officer that such conditions have been corn- health officer of said city pursuant to this ordinance plied with shall be furnished by the person receiving any shall be deemed guilty of a misdemeanor and shall be such milk or milk products before the same shall be fined not more than $100.00, or be imprisoned for not • sold or distributed in the City of Salina. The limits of more than thirty days or shall be punished by both such inspection shall not exceed 25 miles from the city limits fine and imprisonment, for each offense, provided that of the City of Salina. (Revised, 1948) each and every violation of any provision of this article 11-312. Future Dairies and Milk Plants. All dairies and each day upon which any such violation shall occur and milk plants from which milk or milk products are or continue shall be deemed a separate offense. (Re- supplied to the City of Salina, which are hereafter con- vised, 1948) • • /1 ■ CHAPTER 12. HEALTH 109 CHAPTER 12. HEALTH upon any lot, parking or parcel of ground within the Article 1. General Nuisances corporate limits of the City of Salina, Kansas, and any pond or ponds of water standing upon any lot or parcel Article 2. Venereal Diseases of ground within the corporate limits of said City, are ARTICLE 1. General Nuisances hereby declared to be public nuisances; and any person 12-101. City Health Officer; Duties who shall knowlingly permit such nuisances as are here- 12-102. Cleanse Premises;Abate Nuisances in defined to be or remain upon or in front of any lot 12-103. Nuisances Abated; Assessment or parcel of ground owned by him, or for which he is agent if such owner be a non-resident, shall be deemed 12-104. Rank Grass,- Etc.; Standing.Water; Nuis- ances; Penalty • guilty of a misdemeanor, and upon conviction thereof, 12-105. Same; How Abated shall be fined in any sum not exceeding ten dollars; and Ref: Chap 1,Art. 3 such nuisances may be removed and abated as herein provided (Sec. I, Ord. 1911, 7-20-1903; Revised, 1948) 12-101. City Health Officer; Duties. The City Health Officer or any assistant acting under his orders, 12-105. Same; How Abated. Whenever the City shall have the authority to enter into and examine at Health Officer shall file with the City Clerk his statement any and'all times all buildings, lots and places of all m writing that such nuisance, weeds, rank grass, or other descriptions within the City for the purpose of ascertain- obnoxious growth of vegetation or pond of water as pro- ing the condition thereof so far as the public health may vided by section 12-104, describing the same and where located, is a nuisance and dangerous to the health of the be affected thereby. (Sec. 2, Ord. 778, 7-27-91; Re- vised, 1948) inhabitants of the City, or of any neighborhood, family or resident of the City, and such statement shall be ap- 12-102. Cleanse Premises; Abate Nuisances. The proved by the City Manager, the clerk shall forthwith City Health Officer shall adopt all necessary measures issue notice requiring the owner or agent of the owner for cleansing and purifying all buildings, lots and other of the premises upon or in front of which such nuisance places, and for causing the removal therefrom of all is situated to remove and abate from said premises the nauseous substances producing a disagreeable odor or thing or things therein described as a nuisance, within tending to cause sickness or disease, and to cause the a time to be specified in the notice; said notice shall be removal, cleansing and abating of all nuisances caused served by the health officer or any assistant health officer by dead carcasses or by the conditions of privies, stock by delivering a copy thereof to the owner or agent of pens, stables or any other out building or by filth, such property, or, if a non-resident, then by mailing a stagnant water, decayed or decaying vegetation or other notice to his last known address; and if such owner or matter and he may do or cause to be done whatsoever in agent shall fail or neglect to comply with the require- his judgment shall be necessary to carry out such mea- meets of such notice for a period of ten days, then the sures. (Sec. 3,Ord. 778,7-27.91; Revised, 1948) City Manager shall have the thing or things described in 12-103. Nuisances Abated; Assessment. It shall be said notice as a nuisance, removed and abated from said lawful for the City Health Officer in all cases where he lot or parcel of ground, and the cost of such removal against the and abatement shall be assessed and charged a may deem it necessary for the speedy execution of his g g orders, to cause any such nuisance or nuisances to be lot or parcel of ground on which said nuisance was abated or removed at the expense of-the city; and also to located; and the City Clerk shall, at the time of certify- cause any such nuisance or nuisances which may exist ing other City taxes to the County Clerk,certify the afore- upon the property of any non-resident owner, or upon said costs, and the County Clerk shall extend the same on property of the owner of which cannot be found, or is the taxroll of the county against said lot or parcel of unknown and cannot be ascertained, or upon property ground, and it shall be collected by the County Treasurer whose owner refuses or neglects to abate or remove such and paid to the City as other Taxes are collected and nuisance or nuisances, to be abated or removed in like Paid. (Sec. 2, Ord. 1911, 7-20-1903; Revised, 1948) manner at the expense of the City; the said Officer shall certify to the City Clerk a description of such pieces of ARTICLE 2. Veneral Diseases property, together with the cost of abating or removing 12-201. Venereal Diseases Dangerous to Public such nuisances therefrom and such amount shall be Health assessed upon such property by the Board of Commission- 12-202. Venereal Diseases to be Reported ers and the same shall be certified to the County Clerk 12-203. Persons Afflicted with Venereal Diseases to to be collected as other special assessments. (Sec. 4, Ord. be Given a Circular of Information 778, 7-27-91; Revised, 1948) (G S. 13-436) 12-204. Change of Physician to be Reported to 12-104. Rank Grass, Etc.; Standing Water; Nuis- Physician First Consulted antes; Penalty. The weeds, rank grass, and other obnox- 12-205. Protection of Others from Infection by ious growths of vegetation growing, standing or being Venereally Diseased Persons • 110 ORDINANCES OF THE CITY OF SALINA, KANSAS 12-206. Reports to be Confidential may be required by the city physician. (Sec. 2, Ord. 12-207. Suspected Cases to be Investigated 2216, 10-12-18) 12-208. Powers and Duties of City Physician 12-203. Persons Afflicted with Venereal Diseases to 12-209. Detention Hospital be Given a Circular of Information. It shall be the duty 12-210. Quarantine of each and every Bond or Cash Guaranty in Lieu of Quaran- Y Physician,or other practitioner 'of the healing art practicing in the City of Salina, Kansas, or tine • any other 12-212. Spread of Venereal Diseases Unlawful Y person who visits, attends, advises surgical assist- 12.213. Druggists to Keep Record of Sales of Drugs ally, prescribes for or renders medical or surgical assist- 12-214. Obstructing City Physician antes to or is consulted for medical advice by any person 12-215. Violations having a venereal disease, to at once give to such person Ref: Person afHons as vagrant, 18-1107 a copy of this article together with a serially numbered circular of instructions, obtainable from the city physician 12-201. Venereal Diseases Dangerous to Public and approved by the State Board of Health,.entitled, "In- Health. Syphilis, gonococcus infection and chancroid, structions for Preventing the Transmission of Gonorrhea hereinafter designated venereal diseases, are hereby rec- or Syphilis," and to report such fact in writing in the ognized and declared to be contagious and infectious, report required to be made of such cases. (Sec. 3, Ord, communicable and dangerous to the public health. (Sec. 2216, 10.12-18, Revised, 1948) 1, Ord. 2216, 10-12-18) 12-204. Change of Physician to be Reported to Note: Validity of statute, Rules of State Board of Physician First Consulted. When a person applies to a Health and City ordinance discussed in In Re McGee, physician or other person for treatment of a venereal 105 K. 574; In Re Irby 113 K. 565. disease, it shall be the duty of the physician or person 12-202. Venereal Diseases to be Reported.Hereafter, Consulted to inquire of and ascertain from the person each and every needing treatment whether such person has theretofore y physician or other practitioner of the consulted with or been treated by any other physician or healing art practicing in the City of Salina, Kanas, or person, and if so, to ascertain the name and address any superintendent or manager of a hospital or dispen- of the physician or person last consulted. It shall be sary, or any other person who treats or examines any the duty of the applicant for treatment to furnish this person suffering from or afflicted with a venereal disease information and a refusal to do so, or falsely stating in any of its stages of manifestations, shall report to the the name and address of such h sician or city physician the existence of such disease. P Y person suited shall be deemed a violation of this article. It shall All such reports shall be made in writing within be the duty of the physician whom the applicant seeks forty-eight hours after diagnosis, on blank forms ap- to and does consult or employ to notify the physician • proved by the State Board of Health and obtainable last consulted.or employed of the change of advisors, from the city physician, and shall give the number of such notification to be made upon a form furnished for the case, which number shall correspond with the serial that purpose by the city physician. Should the physician number of instructions given to the patient; the name or person previously consulted fail to receive such notice and address of the patient as hereinafter required; the within ten days after the last appearance of such venereal. type and stage of such disease; the color, the sex, the ly diseased person, it shall be the duty of such physician marital state, and the occupation of the person affected to report to the city physician the name and address of with the disease; and a statement as to whether or not such venereally diseased person. (Sec. 4, Ord. 2216, the nature of the occupation or place of employment of 10-12-18, Revised, 1948) the person afflicted with such disease makes him or her a menace to the health of any other person or persons; 12-205. Protection of Others from Infection by Provided, that whenever the person making the report Venereally Diseased Persons. Upon receipt of a report will assume full responsibility for such conduct of the of a case of venereal disease it shall be the duty of the city person afflicted with a venereal disease as will prevent the physician to institute such measures for the protection of transmission of the same to others, nothing in this pares- other persons from infection by such venereally diseased graph shall be construed to require the reporting of the person as said city physician is already empowered to use name and address of the person afflicted with a venereal to prevent the spread of other contagious, infectious or disease. In the event that the person making the report communicable diseases. (Sec. 5, Ord. 2216, 10-12.18) is unwilling to assume responsibility or shall know or 12-206. Reports to be Confidential. All information • suspect that a person having a venereal disease is so con- and reports concerning persons infected with venereal ducting, or about to conduct himself or herself in such diseases shall be confidential and shall be inaccessible • manner as to expose other persons to such infection, to the public except insofar as publicity may attend the he shall then report the name and address of such af- performance of the duty imposed upon the city flitted person, together with such other essential facts as physician by this article and the rules of the State Board CHAPTER 12. HEALTH Ill of Health and Laws of the State of Kansas. (Sec. 6, Note: In Re McGee, 105 K. 574. Ord. 2216; 10-12.18, Revised, 1948) 12-209. Detention Hospital. It shall be the duty 12-207. Suspected Cases to be Investigated. In all of the city physician to use,only such building or build- suspected cases of venereal disease in the infectious ings for quarantine purposes under this article as shall stages, the city physician shall immediately use every be first provided or accepted by the Board of Commis- available means to determine whether the person or per- sioners, provided however, that the State Industrial Farm sons so suspected of being infected are suffering from for Women at Leavenworth may be used for such pur- said disease or any of them, and whenever said diseases poses. (Sec. 9,Ord. 2216, 10-12-18, Revised, 1948) are found to exist, the city physician shall, whenever Note: Fees of sheriff in conveying person, Nyberg possible, ascertain the sources of such infection. In v. Sedgwick Co. 113 K. 758. such investigation, the city physician is hereby vested with full power of inspection, examination, isolation, and 12-210. Quarantine. Whenever it is necessary for disinfection of all persons, places and things as provided the protection of the public health that persons infected herein. (Sec. 7,Ord. 2216, 10.12-18) with venereal diseases be quarantined, the city physician shall quarantine such diseased persons in said detention 12-208. Powers and Duties of City Physician. It is hospitals or at said Industrial Farm and cause to be ad- hereby made the duty of the city physician and he is ministered to such persons a proper course of treatment. hereby directed and empowered: (a) To make examine- (Sec. 10, Ord. 2216, 10-12-18) Lions of persons reasonably suspected of having syphilis in the infectious stages or gonococcus infection. Owing tine. Bond or Cash Guaranty in Lieu of Quaran- to the prevalence of such disease among prostitutes, all [ e.. In lieu of isolation or quarantine, any person in- prostitutes may be considered within the above class. fected with any of said diseases may be released upon bond as herein provided. Such persons shall make writ- (6) To isolate persons invested with any of said ten application therefor to the city physician which ap- diseases whenever isolation is necessary to protect the plication must be made under oath and must state that public health. In establishing isolation, the city phy- the applicant is not a prostitute. Such application shall sician shall define the limits of the area in which the be accompanied by a'certificate signed by the Chief of persons reasonably suspected or known to have syphilis Police and the Police Judge, that the applicant is not a or gonococcus infection and his or her immediate attend- prostitute. The applicant shall then file with the city ant are to be isolated, and no person, other than the at- treasurer a bond in the penal sum of one thousand tending physician, shall enter or leave the area of dollars ($1,000.00), conditioned that the applicant will isolation without the permission of the city physician. not permit or perform any act which might or would in- (c) In making examinations and inspections of wo- feet or expose to infection any other person, will con- men for the purpose of ascertaining the existence of tinue proper medical treatment until cured and will -syphilis or gonococcus infection, to appoint women faithfully observe all rules, regulations and require- .physicians for said purposes where the services of a wo- ments of said city physician to protect the public against man physician are requested or demanded by the person infection or contagion. Said bond shall run to the examined. State of Kansas with one or more sureties, to be (d) In cases of quarantine or isolation, not to termi- approved by the city treasurer, provided that a cash nate said quarantine or isolation until the cases have be- guaranty in a like amount may be accepted in lieu of come non-infectious. such undertaking. (e) Cases of gonococcus infection are to be regarded Before any person is released from any such bond as . as infectious until at least two successive smears taken cured, a final examination and approval by the city phy- not less than forty-eight hours apart fail to show sician must be secured. (Sec. 11,Ord. 2216, 10-12-18) gonococci. Note: In Re Kirby, 113 K. 565. (f) Inasmuch as prostitution is the most prolific source of syphilis and gonococcus infection, the city phy• 12-212. Spread of Venereal Diseases Unlawful. sician shall use every proper means of suppressing the It shall be unlawful`for any person to inoculate any same,and he is hereby prohibited from issuing certificates other person with any of the venereal diseases named or other evidence of freedom from venereal diseases. in Section 1, of this article and it shall be unlawful for any person to perform or commit any act which exposes (g) To keep all records of said inspections and ex- any other person to inoculation of or infection with any amination from public inspection, and to make every of the said diseases. (Sec. 12, Ord. 2216, 10-12-18, Re- reasonable effort to keep secret the identity of those af- wised, 1948) fected by venereal disease control measures, as far as may be consistent with the protection of the public 12-213. Druggists to Keep Record of Sales of Drugs • health. (Sec. 8, Ord. 2216, 10-12-18) for Venereal Diseases. Any druggist or other person • • 112 ORDINANCES OF THE CITY OF SALINA, KANSAS who sells any drug compound, specific or preparation of in the performance of his duties herein required. (Sec, any kind used for the cure of any of said venereal dis- 14, Ord, 2216, 1012-18) • eases shall keep a record of the name, address and sex 12-215. Violations. Any person violating any of of the person making such purchase, a copy of said the provisions of this article shall be punished by a fine record shall be mailed each week to the city physician. of not less than $50.00 nor more than $100.00, or by (Sec. 13, Ord. 2216, 10-I2-18) imprisonment for a period of nor to exceed six months, 12-214. Obstructing City Physician. It shall be or by both fine and imprisonment. (Sec. 18, Ord. 2216, unlawful for any person to obstruct said city physician, 10-12-18, Revised, 1948) • • • • • • • • CHAPTER 13. LICENSES AND•BUSINFSS REGULATION 113 CHAPTER 13. LICENSES AND other capacity within the city limits of'the City of Salina, BUSINESS REGULATION Kansas. ARTICLE 1. License Taxes Alcoholic Liquors,See Chap. 13,Art. 15. ARTICLE 2. General Provisions Arcades. See Chap. 13,Att. 16. ARTICLE 3. Auction Sales (1) Auctioneers. Auctioneers, not including the ARTICLE d. Carnivals,Circuses,Tent Shows proprietors or managers of auction.rooms, $25.00 per year. ARTICLE 5. Cereal Malt Beverage Retailers (2) Auction Rooms. Operators of Auction rooms • ARTICLE 6. Dances $500.00 per year. ARTICLE 7. Fireworks Austion Sales. Note: See Article 3. ARTICLE 8. Junk Dealers Beer. Note: See Article 5. ARTICLE 9. Music Machines • Billboards. Note: See Chap. 22,Art. 2. ARTICLE 10. Pawnbrokers and Second Hand Dealers (3) Bowling Alleys. Bowling alleys, $7.50 per ARTICLE 11. Pool and Billiard Halls,Shuffle Boards alley, for each six (6) months. and Bowling Alleys (4) Canvassers. Itinerant or transient canvassers, ARTICLE 12. Public Vehicles; Licenses in General or book, map or picture agents, or salesmen, $10.00 per ARTICLE 13. Taxi-cabs week. Cereal Malt Beverages. Note: See Article 5. ARTICLE 14. Loudspeakers Circuses,Carnivals and Tent Shows. Note: See ARTICLE 15. Alcoholic Liquors - Article 4.• ARTICLE 16. Arcades (5) Corn Doctors. Corn doctors, or chiropodists, Ref: G. S. 13-910; 13-911; 13-1905; Dogs, Chap. 3, not residents of Salina,$1.00 per day,$5.00 per week. Art. 2; Board of Public Welfare, Chap. 1, Art. 13; • Electricians, Chap. 6, Art. 3; Plumbers, Chap. 6, Art. 4; Dances,Public. Note: See Article 6. Gas Plumbers, Chap. 6, Art. 5; Billboards, Chap. 22, (6) Doctors, Dentists, Oculists and Opticians, Itin- Art. 2; Milk, Chap. 11, Art. 3; Trailer Camps, Chap. erant. Itinerant or transient doctors, dentists, oculists, 21, Art. 1; Eating Places, Chap. 11, Art. 1; Trespassing, opticians or surgeons practicing such profession or oc- Nuisances, Chap. 14,Art. 4;See also Index,Permits cupation, $10.00 per day. Electricians. Note: See Chap. 6, Att. 3; Sec. ARTICLE I. License Taxes 6-306 13-101. Licenses Required (7) Express Companies. Express companies, cor- 13-102. License Taxes potations or agencies, receiving packages in this city 13-101. Licenses Required. It shall be unlawful for from persons in the city and transmitting the same by any person, firm or corporation, either as principal, of- express from this city to persons and places within the State of Kansas; and receiving in this city packages by fiver,agent,servant or employees: express transmitted from persons and places in this state (a) To conduct, pursue, carry on and operate in the to persons within the city and delivering the same to per- City of Salina, Kansas, any of the callings, trades, pro- sons in this city; excepting the receipt, transmission and fessions, businesses or occuupations hereinafter specified delivery of any such packages to and from any depart- without having first paid to the City Treasurer a license meat agency, or agent of the United States, and except- tax as hereinafter prescribed, and having procured a ing the receipt, transmission and delivery of any such license from the City Clerk signed by the City Clerk and packages which are interstate commerce; $20.00 per year. the City Manager to engage in and carry on such calling, Fireworks. Note: See Article 7 • trade, profession, business or occupation. (b) To fail to comply with all the regulations as (8) Fortune Tellers, Astrologists, Palmists and 'provided herein. (Sec. 1, Ord. 5042, 12-27-43 Revised Similar Professionalists. Any person occupied for any 1948) Note: Manager and clerk sign licenses. Sec. time as a fortune teller, clairvoyant, mind reader, phre- I-307. nologist, palmist, astrologist, or advertising as any of such, $25.00 per day. 13-102. License Taxes. The license taxes hereby levied shall be in the following amounts upon each of Gas Fitters. Note: See Chap. 6,Art. 5. the following callings, trades, professions, businesses, or (9) Goods on Streets. Soliciting business or ex- occupations conducted, pursued, carried on or operated hibiting goods, wares and merchandise, or samples of the by any person, firm partnership or corporation, whether same on the streets or adjacent thereto or in any public as principal, agent, lessee, licensee, owner, or in any place in the City of Salina, or selling or offering to sell • 114 ORDINANCES OF THE CITY OF SALINA, KANSAS goods in connection with such exhibition, by any trans- (17) Peddlers of Clothing, Textile Fabrics, Shoes Tent or itinerant proprietor, agent or vendor, $25.00 per and Home Furnishings. Itinerant or transient peddlers week' or vendors of ready-made clothing, textile fabrics, boots (10) Ice Cream Vendors. Vendors selling ice or shoes or home furnishing goods of any kind, $25.00 cream or soft drinks from vehicles, $10.00 for each six per week when selling from a wagon or vehicle of any months. kind, 3.00 $ per day, $15.00 per week, when carrying the (11) Insurance Companies. Insurance companies, articles being sold. No license shall be issued to anyone • agents or agencies, surety bonding companies, agents or to sell any such articles from a stand upon any street in agencies handling and writing in the City of Salina, any the city. kind or manner of insurance or surety bonds, $10.00 per (18) Peddlers, Transient or Itinerant. Transient year for each insurance company or bonding company or itinerant peddlers, hawkers, or vendors of any goods so represented, excepting however, that no insurance company or agent or agencies representing the same, and wares, or merchandise or solicitors or canvassers for the -t ed solely sale of the same, not otherwise provided for in this en g.g y in writing fire, lightning, or tornado insur- article, $25.00 per week. ance either separately or combined, shall be obliged to pay any license fee whatsoever; provided, that no in- (19) Pin Ball Game, Marble Table Game, Marble surance company organized and existing under the laws game, Amusement Devices and Similar Games and De- of the State of Kansas, and having its principal office or vices. For the operation of any pin ball game, marble place of business in the City of Salina therein, shall be table game, marble game, amusement devices and similar obligated to obtain any license for the transaction of games and devices, whether operated in whole or in part its business or to pay any license fee in regard to the by hand or by sight or by photo.electric cell, $75.00 per transaction thereof, provided further, that no mutual year on each machine operated for any length of time company not organized for profit and coming within the each year. provisions of G. S. 40-255 shall be taxed hereunder. (12) Itinerant Vendors of Patent or Proprietary (20) Photographers, Itinerant. Itinerant or trans- Medicines or Nostrums. Itinerant or transient vendors ient photographers soliciting business or taking pictures of any patent medicine or proprietary medicine, nos- and selling the same in the city, $15.00 per week. trums, or other articles, $25.00 per week; provided, that Plumbers. Note: See Chap. 6, Art. 4. Sec. no license shall be issued to tiny person to sell or peddle ' 6.408 drugs or medicines within the City until such person Pool or Billiard Table. Note: See Article 11. shall have furnished satisfactory proof that he has tom- Pool Table,Miniature. Note: See Article 11. plied with the pharmacy laws of the State of Kansas. Public Vehicles. Note: See Article 12. Junk Dealers. Note: See Article 8. Loudspeakers. Note: See Article 14. (21) Retail and Wholesale Hucksters; Peddlers. A (13) Merry-go-rounds. Merry-go-rounds, $25.00 retail huckster is defined for the purpose of this section rson, firm or corporation driving or going from per month, as a pe (14) Museums. Museums, for the exhibition of residence to residence selling at retail, vegetables, fruit paintings, works of art, or scientific, literary, or other or garden truck of any kind which he has previously curiosities,for pay, $2.00 per day,$8.00 per week. bought for the purpose of selling in such maner, and the license tax therefor shall be $1.00 per day or $20.00 per Music Machines. Note: See Article 9. year if on foot or by push cart; $2.00 per day or $40.00 (15) Opera Houses, Theatres. Opera house or per year if by motor vehicle. theatre, (a) with an available seating capacity of 550 or less, $75.00 per year; (b) with an available seating ca- A wholesale huckster is defined for the purpose of this pacity of 551 to 750, both inclusive, $100.00 per year; section as a person, firm or corporation that drives or (c) with an available seating capacity of 751 or more, goes from place to place and sells to merchants, retail $125.00 per year. hucksters, or other persons, at wholesale, vegetables, (16) Orders, Future Deliver. Itinerant or transient fruit or garden truck and the license tax therefor shall persons soliciting or canvassing for orders for future de- be$25.00 per day or$200.00 per year. livery of goods, wares, or merchandise by themselves or by others, from stock not carried in the City of Salina, A peddler is defined for the purpose of this section $25.00 per week. as a person, firm or corporation that drives or goes from (16a) Pawnbrokers. Pawnbrokers, or loaners of residence to residence or from place to place selling re- money in pledged'security or property, or purchases of tail goods, wares, or merchandise other than vegetables, personal property granting options of repurchase, fruits or garden truck and who does not come within the • $150.00 per year. provisions of any other ordinance now in effect, or any Note: See Article 10. solicitor or canvasser for the sale of the same and the • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 115 license tax therefor shall be $25:00 per year or one-half ARTICLE 1. General Provisions thereof if a new business started after July 1st of any 13-201. Applications year. 13-202. When Taxes Due • (22) Street or Sidewalk Stands. Offering for sale 13-203. New Businesses - upon any public•street, sidewalk or alley any goods, 13-304. Delinquencies wares,. merchandise or foods, $30.00 per year for each 13-205. License to be Exhibited place of such offering for sale. 13-206. Inspection Shuffle Boards. Note: Se Article 11. 13-207. Inspection of a License ffl 13-208. Payment (23) Sales; Bankrupt; Fire; Receivers; and Similar 13-209. Not Transferable-No Refund Sales. Persons selling or offering for sale goods, wares or 13-210. Separate License merchandise known as or advertised or designated to be 13-211. Forfeiture of License goods, wares or merchandise bought at fire sales, auction 13-212. Interstate Commerce sales, manufacturer's loss sales, wreckage sales, sheriff's 13-213. Producers and Growers Exempt creditor's assignee's consignee's, bankrupt, special bar- 13-214. Ex-service Men: Six-month Residence: Free gain or damaged goods' sales, or advertised in any man- License ner for the purpose of inducing customers or people to 13-215. Does Not Affect Other Ordinances believe that such goods, wares or merchandise will be 13-216. License Does Not Authorize Law Violation sold for a price or prices not exceeding the cost of pro- 13-217. No License Till Other Ordinances Corn- duction, or bankrupt or damaged stock of goods not plied With otherwise taxed, $25.00 per day, payable in advance. 13-218. Existing Licenses Not Affected This section shall apply to all stocks of goods that are 13.219. Penalty not assessed or taxed in the City of Salina; Provided 13-220. Recovery of Tax by Suit . that this section shall not apply to goods, wares, or mer- chandise which are actually under the control of the 13-201. Applications. Any person, firm or cor- sheriff, or an assignee or trustee in bankruptcy, or to poration engaging to any of the callings, trades, profes- stops, businesses or occupations upon which license taxes goods, wares or merchandise which have been damaged are levied • Article 1 shall file an application with the in the City of Salina,•and which are being disposed of City Clerk of the City of Salina, Kansas, for a license to •in good faith to close out the same. carry on such calling, trade, profession, business or oc- (24) Sale of Clothing by Sample. The occupation cupation and such application shall state the following or business of taking orders for the delivery of tailor facts: made or ready made clothing, from samples displayed (I) The name and address of the applicant in said city, where a deposit of money is required when the order is taken and the balance of the price is to be (2) The nature and location of the business collected when the merchandise is delivered C.O.D. by (3) If an amusement machine, a specific description the United States Post Office Department or by any ex- thereof,and the location of the machine to be licensed. press company,or otherwise, $25.00 per day. (4) If the applicant is not the owner thereof, the name of the owner. (25) Skating Rinks. Skating rink, $50.00 per year; and no license shall be issued for less than one year. (5) That funds accompany the application to pay such license tax in full. (Sec. 3, Ord. 5042, 12.27-43 (26) Shooting Gallery. Shooting gallery, $3.00 Revised 1948) per day, $25.00 per month, or$50.00 per year. 13-202. When Taxes Due. All license taxes levied (27) Street Parades. Street parades and all persons on an annual or yearly basis, shall be payable on or be- walking or driving over the streets of the City, adverbs- fore January second of each calendar year and such ing by means of printed banners, signs or streamers or licenses shall be deemed to expire on December thirty- by ringing bells, loud calling or announcements intended first of each calendar year. All license taxes levied on a to attract the attention of people and for the purpose of six-month basis shall be paid on or before January sec- advertising any entertainment not otherwise named in and and July first of each year. All license taxes levied this ordinance, $3.00 for each parade or advertising on a monthly basis shall be paid on the first day of each "stunt-" calendar month. All license taxes levied on a weekly (28) Street Vendors. Street vendor for articles of basis, shall be payable on Monday, the first business day • merchandise, notions and the like, not otherwise men- of each week. (Sec. 4, Ord. 5042, 12-27-43 Revised tioned in this article,$5.00 per day. 1948) Taxicabs and Operators Thereof. Note: See 13-203. New Businesses. Any person, firm or cor- Article 13. poration entering into a calling, trade, profession, busi- • 116 ORDINANCES OF THE CITY OF SALINA, KANSAS ness or occupation between license paying dates, shall 13-210. Separate License. A separate license shall immediately apply, pay for, and obtain a license on the be obtained for each place conducted, operated, main- same basis as though such person, firm or corporation tained or carried on by each person, firm or corporation was engaged in such business on such license paying engaged in any calling, trade, profession, business or oc- dates. (Sec. 5, Ord. 5042, 12-27-43 Revised 1948) cupation for which a license is required by this ordinance. (Sec. 12, Ord. 5042, 12-27-43 Revised 1948) 13-204. Delinquencies. All licenses not paid within thirty (30) days after date of expiration shall pay a 13-211. Forfeiture of License. Any calling, trade, penalty of 10% of the amount of the license fee and profession, business, or occupation pursued, carried on or 10% of the amount of the license fee shall be added for operated in the City of Salina, shall at all times be sub- each additional thirty (30) days from date of expiration. jest to such regulations as the Board of Commissioners (Sec. 6, Ord. 5042, 12-27-43 Revised 1948) shall from time to time adopt; and any failure by any 13-205. License to be Exhibited. Each license shall person, persons, company or corporation to observe such regulations shall without further action or proceedings be posted in a conspicuous place where such calling, of any kind whatsoever, forfeit the license of the person, trade, profession, business or occupation is carried on P and the holder of such license shall immediately show persons, company or corporations failing to observe such such license to the license inspector or collector or his regulations. (Sec. 14, Ord. 5042, 12-27-43 Revised deputy or any police officer of the City upon being so 1948) requested by such inspector, deputy or officer to do so, 13-212. Interstate Commerce. No provision of this provided that when music or amusement machines are article or Article 1 shall be construed to, in any wise, licensed hereunder that such licenses shall be displayed relate to or interfere with the subject of commerce be- on the licensed machine. (Sec. 7, Ord. 5042, 12-27-43 tween states as provided by the constitution of the United Revised 1948) - I States, and as defined and decided by the supreme court of the State of Kansas, and it is hereby declared to be 13-206. Inspection. All such callings, trades, pro- the intention not to levy any license tax on any of the fessions, businesses and occupations herein licensed shall be open and subject to inspection at all reasonable times, mterstaze business of any licensee. (Revised 1948) by the proper officers of the City of Salina, under its 13-213. Producers and Growers Exempt. No pro- police powers, in order for such officers to ascertain that ducer or grower or his agents or employees, selling farm persons conducting callings, trades,. professions, busi- nor garden products or fruits grown by him within the nesses and occupations are complying with all of the State of Kansas, in this city, shall be required to pay any police and health regulations of the City of Salina. (Sec. license or occupation tax, and he is hereby exempted 8, Ord. 5042, 12-27-43 Revised 1948) from the payment of any such license fee, or the securing of any license. (G. S. 12-161'!; Stone v. City of Wichita, 13-207. Inspection of a License. All licensed per- 145 Kan. 377). Persons claiming to be exempt under sons, including their employees, not having a permanent this section shall furnish satisfactory proof of exemption location, shall carry their license with them and every if requested by any police officer. (Revised 1948) person shall present his license for inspection when re- quested to do so by any officer of the City of Salina. 13-214. Ex-service Men: Six-month Residence: Free (Sec. 9, Ord. 5042, 12-27-43) License. All ex-union soldiers and sailors, and ex-sol- diers and sailors of the Spanish-American war, and ex- 13-208. Payment to City Treasurer. Any party en- soldiers of the eighteenth and nineteenth Kansas Cavalry gaged in, or intending to engage in any calling, trade, of the United States during the war of the rebellion, and profession, business or occupation upon which a license all ex-soldiers and sailors of the World War I or World tax is levied shall pay the tax to the City Treasurer, who War II, who served honorably in the military or marine shall give a receipt therefor, stating the amount paid, service of the United States, and who hold an honorable the nature of the license desired, for what time and to whom to be issued, and if possible the exact location of discharge from such service, issued by the proper of- ficer of the United States, and who shall reside in this office or headquarters, where such calling, trade, proles- .t six months previous to the time of which said license sion, business, or occupation is to be carried on. (Sea is issued,shall be entitled to a license to operate a delivery 10,Ord. 5042, 12-27-43 Revised 1948) and baggage wagon, and to.,vend, hawk and peddle - 13.209. Not Transferable—No Refund. No license goods, wares, fruits, or merchandise not prohibited by issued hereunder shall be transferable or assignable, and law, in this city; provided, said soldier or sailor is en- no refund shall be granted. The licensed calling, trade, gaged in operating personally a delivery and baggage profession, occupation or machine shall not be transfer- wagon owned exclusively by himself. Upon the presence- red from place to place without the consent of the Board Lion of his certificate and papers of discharge to the city of Commissioners of the City of Salina, Kansas. (Sec. clerk, and showing proof of his identity as the person 11,Ord. 5042, 12-27-43 Revised 1948) named in his certificate of honorable discharge, and hav- • CHAPTER 13. LICENSES AND BUSINESS REGULATION 117 ing resided within the city six months previous to the of Salina may recover in civil action in any court of time the license is applied for, the city clerk shall issue to competent jurisdiction the amount of the license tax by said ex-soldier or sailor a license. Such licenses shall be Article 1 imposed, and no property of such debtor shall free. (G. S. 1945 Supp. 73-207) (This license is per- be exempt from forced sale under any process of law for sonal to the veteran. Cannot use agents. Hair v. City such indebtedness except such exemptions as are allowed of Humboldt, 133 Kan. 67). (Revised 1948) by the Constitution of this State. (Sec. 16, Ord. 5042, 13-215. Does Not Affect Other Ordinances. This 12-27-43 Revised 1948) ordinance shall not be construed so as to amend, modify ARTICLE 3. Auction Sales or repeal any of the rules and regulations of the call- ings, trades, professions, businesses or occupations pro- 13-301. Definitions vided for in any other ordinance of this city. (Revised 13-302. Auctions; License Acquired; Exceptions 1948) 13-303. Applications; Fee 13-304. Same; Inventory; Requirements 13-216. License Does Not Authorize Law Violation. 13.305. Same Nothing herein shall be construed as to permit any 13-306. Hours of Auction . licensee licensed under the provisions of this ordinance to violate any law of the United States, the State of Kan- 13-307. Auctions Prohibited in December; Term of Auction sas, or any ordinances of the City of Salina, Kansas. 13-308. Licenses; Two-Year Intervals; Prior Con- viction to Bar License 13-217. No License Till Other Ordinance Complied 13-309. Bye-Bidding Prohibited With. Provisions of other ordinances regulating any calling, trade, profession, business or occupation required 13-310. Auctions; Where Licensed to pay a license tax and secure a license under this ordin- 13311' Attendance of Licensee Required ante shall be observed and complied with before any 13-312. Additions to Stock Prohibited license is issued. (Revised 1948) 13.313. Licenses; Required Period Between; Ex- ceptions 13-218. Existing Licenses Not Affected. Nothing in Article 1 shall affect any license now in effect as to 13-314. Auctions; Requirements of Sale amount. (Revised 1948) 13.315. Same • 13-316. Same; Records of Sale; Resales Prohibited 13-219. Penalty. Any person, firm or corporation 13-317. City Clerk to Issue License; Term of License which shall conduct, pursue or carry on, or operate within the limits of the City of Salina,any calling, trade, 13-118. Chief of Police to Enforce Ordinance profession, business or occupation for which a license or 13-319. Suspension of License the payment of a license tax is required by Article I or 11-320. Violations; Penalty shall assist directly or indirectly in so doing in any man- 13-301. Definitions. Wherever the word "person" is ner or any extent, either as owner or proprietor or as any used in this article the same shall be deemed to refer and officer of any corporation, or as manager, superintendent relate to any person, co•partnership or member thereof, agent, servant, or employee of any person, firm or cob or corporation or any officer, manager or employee potation, after a license tax should have been paid, or a thereof. (Sec. I, Ord. 4951, 1-18-39 Revised 1948) license obtained to conduct, pursue, carry on or operate such calling, trade, profession or occupation, shall be 13-302. Auctions; License Required; Exceptions. It deemed to do so unlawfully, and for such violation shall shall be unlawful for any person to engage in the busi- upon conviction be fined in any sum not less than ness, calling, trade or occupation of operating or con- Twenty-Five Dollars ($25.00), or not more than One ducting a sale by auction of any new or unused mer- Hundred Dollars ($100.00). Each day's violation shall chandise in the City of Salina, including gold, silver, plated ware, precious or semi-precious stones, watches, be considered a separate offense. clocks or any other jewelry, furniture, men's or women's Any person, firm or corporation whether as principal clothing or other merchandise of any kind, or new or or as agent which shall violate any other provision of used automobiles,except such judicial sales as may be held this ordinance than those immediately above enumerated, according to law under the order of some court of com- shall upon conviction, be fined in any sum not less than etenc Jurisdiction, or except a sale b virtue of a Twenty-Five Dollars ($25.00), nor more than One p 1 p by genuine and bona fide chattel mortgage which has been given to Hundred Dollars ($100.00); and each day's violation secure a genuine and bona fide debt which is actually will be considered a separate offense. (Sec. 15, Ord. in default, unless the person conducting or operating 5042, 12-27-43 Revised 1948) such auction sale shall first pay the license tax and secure 13-220. Recovery of Tax by Suit. In addition to a license therefor as hereinafter provided for and comply the penalty provided in the preceding section, the City with all of the provisions and regulations relating to and 118 ORDINANCES OF THE CITY OF SAUNA, KANSAS regulating the securing of such a license and the con- day of said application, and if so he shall furnish a ducting of such an auction sale as in this ordinance pro- separate inventory thereof containing all details as in vided for. (Sec. 2,Ord. 4951, 1-18-39 Revised 1948) the regular inventory required. 13-303. Applications; Fee. No license as herein re- (g) Whether, after filing said application and until quired and provided for shall be issued by the City the end of said sale by auction applicant will make any Clerk until the applicant therefor shall file with the City additions or permit any additions to be made to the said Clerk an application as hereinafter provided for and a stock of merchandise described in the required inventory. true and correct detailed inventory of the merchandise (h) Whether he has conducted or caused to be held proposed to be sold at such auction sale, as hereinafter any sales by auction within a period of five years prior required, and shall deposit with the City Clerk a license to said application and if so,when and where. tax of $50.00 which tax, when any license shall be issued (i) Whether applicant has owned or conducted pursuant to such application, shall, subject to the re- within one year prior to the said application any other strictions hereinafter sec forth, permit the licensee in any store or place of business than the one mentioned as his such license to conduct and operate such auction sale for regular place of business in the application, and if so, a period of thirty days after the date of the issuance of where such store or stores or place or places of business such license; provided however, that no license shall be were located and the character of business operated in issued upon any such application until after such ap- each. plication has been on file in the office of the City Clerk (j) He shall state whether he will himself, and for a period of forty days. (Sec. 3, Ord. 4951, 1-18.39 whether he will require all others participating in the Revised 1948) conducting of said proposed sale by auction to, truly and correctly, represent at all times to all persons attending 13-304. Same; Inventory; Requirements. The ap- plicant for such a license shall file with his application a such auction, the actual facts in respect to quality. true and correct detailed inventory, listing the articles (k) Whether he has attached to said application a proposed to be sold at said sale by auction and shall cause true and correct detailed inventory of the stock or such articles described in said inventory to be given a goods, wares and merchandise proposed to be sold at number. He shall also set forth opposite the descriptions said sale by auction. Whether he caused the articles in of such articles in said inventory and before presenting said inventory to be given a number and whether he has the same the actual cost price thereof to him. The ap- set forth opposite said articles the actual cost price plicant thereof shall duly verify the said application by thereof to him, and whether he agrees in case a license his personal oath or affirmation. In case the license is is granted, to attach to said articles a card or ticket with granted, the licensee must before the beginning of such the number of said articles endorsed thereon corrospond- auction sale attach to such articles a card or ticket with ing to the inventory number. the said number of said articles endorsed thereon, so (I) Whether the applicant or any person he pro- that the number of said articles described, and set op- poses to use as auctioneer or other employee at the pro- , polite the description of the separate articles which cot- posed auction sale has been convicted of any violation • respond with the code or ticket number aforesaid. (Sec• of any section of this article within two (2) years prior 4,Ord.4951, 1-18-39) to said application. 13-305. Same. The application for such a license (m) Whether the applicant or any person he pro- shall set forth the following: poses to use as auctioneer or other employee at the pro- (a) The name, residence, address and business ad- Posed auction sale will in all respects comply with all of dress of the applicant. the provisions and requirements of this article relating (b) The character of business applicant has been to the conduct of any such auction sale. (Sec. 5, Ord. engaged in during the two years prior to the application. 4951, 1.18-39 Revised 1948) (c) Whether the proposed auction is to be held at 13-306. Hours of Auction. No such auction sale the applicant's existing regularly established place of shall be held nor shall the place where any such auction business, and wherein his regular business has been sale is being held be open for business between the hours operated for at least one year prior to the application. of 6:00 o'clock in the evening and 8:00 o'clock the fol- (d) The name and address of each person who will lowing morning, under any circumstances, and no license participate in conducting the said sale by auction. shall permit such opening or the sale of merchandise at (e) Whether the applicant will be present at and in such place of business between such hours. (Sec. 6, Ord. continuous attendance at said proposed sale by auction. 4951, 1-18-39) (f) Whether any additions to the stock of mer- 13-307. Auctions Prohibited in December; Term of chandise proposed to be sold at said sale by auction have Auction. No sale by auction to which this article relates been made within a period of forty days prior to the shall be held or licensed to be held in the month of • CHAPTER 13. LICENSES AND BUSINESS REGULATION 119 December, and no such by auction shall be licensed or offered for sale or sold at any such sale by auction which permitted to be held for a period of more than thirty is not described in or which is an addition to the stock days, Sundays and legal holidays excepted. Said thirty of merchandise described in said inventory, or which has days shall be consecutive except as to Sundays and legal been added to the applicant's stock within a period of holidays and except any part of the month of December, forty days prior to the date of the filing of the applica- from December first to December thirty-first, inclusive. tion for such license. (Sec. 12, Ord. 4951, 1-18-39) (Sec. 7,Ord. 4951, 1-18-39 Revised 1948) 13-313. Licenses; Required Period Between; Excep- 13-308. Licenses; Two-Year Interval; Prior Con- tions. No license shall be granted for any such sale by viction Bar to License. No license for any such sale by auction if it appears that the applicant or agent, affiliate auction shall under any circumstances be granted to any or assignee of the applicant or other person for him, has person, firm or corporation or to any agent or affiliate within a period of two years prior to the date of the fil- of or assignee of, or to any person acting for any such ing of the application conducted a similar sale by auction person, firm or corporation, within a period of two years in the City of Salina, either under the provisions of this after the termination of such sale by auction, in the City ordinance or otherwise, and either in the same place of of Salina, by any such person, firm or corporation, held business or at any other place within the City of Salina; or conducted under the provisions of this article, or provided however, that this section shall not apply to a otherwise. No person who has been convicted of violas- duly licensed auctioneer who has a duly established and ing any of the provisions of this article shall be granted licensed auction room which operated under the provis- a license or act as an auctioneer or be employed in any ions of any other ordinance of the City of Salina. (Sec. manner at or in connection with any sale by auction 13, Ord. 4951, 1-18-39) licensed or held under the provisions of this article, or 13-314. Auctions; Requirements of Sale. At all to which this article relates, for a period of two years such sales by auction the applicant and all persons after such conviction. (Sec. 8, Ord. 4951, 1-18-39 Re- participating in the conducting of said sale by auction wised 1948) shall truly and correctly report at all times to the public 13-309. Bye-Bidding Prohibited. No person to attending such auction, the actual facts in respect to the whom any such license is issued, or any auctioneer at quality of the merchandise offered for sale. (Sec. 14, any such auction sale, nor any person employed by such Ord.-1951, 1-18.39) licensee or having any connection of any kind with such auction sale, shall bid for any merchandise offered for 13-315. Same. No person shall sell or offer for sale sale at any such auction, and no person shall act at any at any sale by auction any goods, wares or merchandise such auction sale as a bye-bidder, or what is commonly which has been falsely described, or concerning which any untruthful statement has been made as to character, known as a "capper", "booster" or "shiler" or offer quality, kind or description, either in the application for make any false bid, or offer any fnlse bid to buy or pre- license and the inventory attached thereto, or during the tend to buy any article sold or offered at any such sale continuance of such auction sale. (Sec. 15, Ord. 4951, by auction. (Sec. 9,Ord. 4951, 1-18-39) 1-18-39) 13-310. Auctions; Where Licensed. No such sale 13-316. Same: Records of Sale; Resales Prohibited. by auction shall be licensed or permitted, except it be The licensee who shall conduct any such auction sale or held at the existing regularly established place of business any auctioneer or other person or employee of such of the applicant for such license, and at the place where- licensee, shall keep a true and correct record of all in the regular business of such applicant has been articles of merchandise sold at any such auction, and no operated for a period of at least one year prior to the article which has once been sold'at such auction sale shall filing of the application. (Sec. 9,Ord. 4951, 1-18-39) again be sold or offered for sale at the same auction sale. 13-311. Attendance of Licensee Required. When- (Sec. 16,Ord. 4951, 1-18-39) ever any such licensed sale by auction is being conduct- 13-317. •City Clerk to Issue License;Term of License. ed, the person to whom the license has been granted or • If, during the period of forty days following the filing if the licensee is a partnership one of the members of the application for a license as required by this article, thereof, or if a corporation one of the officers thereof, it has not been made to appear to the City Clerk or to shall remain in continuous attendance at all times while the Board of Commissioners of said City that any of the such sale by auction is being conducted, and shall be statements made in the application for a license are false, responsible for any violation of any of the provisions of and if the statements contained in said application, and this article. (Sec. 11,Ord. 4951, 1-18-39) as sworn to by the applicant entitles the applicant to a 13-312. Additions to Stock Prohibited. During any license under the provisions of this article, the City such sale by auction no additions whatsoever shall be made Clerk shall issue to such applicant the license to conduct to the stock of merchandise set forth in the inventory at- such a sale by auction, of the merchandise described in tached to the application for license,and nothing shall be the inventory attached to his application, for a period • 120 ORDINANCES OF THE CITY OF SALINA, KANSAS not to exceed thirty consecutive days, exclusive of Sun- ARTICLE 4. Carnivals,Circuses,Tent Shows days and legal holidays and exclusive of any part of the 13-401. Definitions. month of December. (Sec. 17, Ord. 4951, 1-18.39 Re- 13-402. Gambling Prohibited. vised 1948) 13-403. Permits Required. 13-318. Chief of Police to Enforce Ordinance. It 13-404. License Required. - shall be the duty of the Chief of Police of the City of 13-405. Same;Application. Salina, or of any other officer or employee of the city 13-406. Same;Amounts. assigned to such duty by the City Manager or by the 13-407. Same; Not Transferable Chief of Police to inspect and investigate any and'.every 13-408. Lewd, Indecent or Obscene Performances stock or stocks of merchandise which is the subject of Prohibited. any application for an auction sale as provided herein 13-409. Violation; Penalty. or which is being sold at any auction sale licensed under 13-401. Definitions. For the purposes of this ar- the provisions of this article and report to the City tide, a "circus" shall be deemed to mean that kind of a Manager whether or not the provisions of this article show or exhibition ordinarily known and advertised as a are being complied with, with respect to the merchandise circus, including the exhibition of wild animals, trained licensed to be sold, or being offered for sale, or with re- animal acts, and performances by acrobats, aerial per- gard to fraud or deception, or fraudulent and false formers, trained animals, clowns, etc., and including statements or advertising. (Sec. 18, Ord. 4951, 1-18-39 side shows and exhibitions ordinarily shown in conned- , Revised 1948) tion with and as a part of circuses, and the term circus shall also include menageries, wildwest shows, dog and 13-319. Suspension of License. The City Manager pony shows and other similar exhibitions, whether of the City of Salina is hereby vested with authority to operated alone or in connection with circuses having the temporarily suspend the issuance of any license for sale other features hereinabove mentioned, or similar thereto, by auction whenever he may believe that any of the and the term "circus" shall also include any street parade provisions of this article have been or are being violated, shown or operated in the City of Salina and the unload- and thereupon appropriate proceedings shall be in- ing and/or moving of circus equipment, exhibits and stiruted forthwith in the Police Court of said city; for Paraphernalia in the city and along or over the streets the alleged violation of any of the provisions of this thereof, in connection with a circus which is shown ordinance, and in the event said proceedings result in outside of the city. the conviction of the licensee, or of any auctioneer or "Carnivals" shall be deemed to include attractions or amusements in which merry-go-rounds, ferris-wheels, employee of said licensee, or any person engaged in or riding devices and other amusement devices of a similar about the conduct of such auction sale, the said license nature are used and shall also include, whether operated shall become permanently null and void; otherwise the in connection therewith or separately, other forms of suspension shall be at an end and the license thereupon amusements or attractions such as side-shows,singing and restored and said sale by auction may proceed until it dancing acts and other exhibitions, attractions, shows, or has been open for an aggregate of thirty days but such devices of various kinds for the amusement of the public, auction shall not proceed at any time during the month commonly operated and known as carnivals, or as parts of December, but may proceed after December 31st to thereof, whether advertised as such or otherwise. complete the thirty days authorized by such license. (Sec. "Tent-shows" shall be deemed to include theatrical, 19,Ord.4951, 1-18-39 Revised 1948) dramatic or operatic performances, or entertainments, or concerts, whether operated in a tent or in the open, or in 13-320. Violation; Penalty. Any person who shall any temporary or permanent building or structure unless violate any of the provisions of this article, who shall the same be in a regularly licensed opera house, theatre operate or continue to operate any sale by auction as re- or motion picture theatre, provided that this section • ferred to in this article while the suspension of any license shall not apply to entertainments, concerts or musical issued under previous ordinance is in effect, or after the exhibitions given by any church, school, lodge or other same shall have been revoked and held null and void as society or organization of the City of Salina when the herein provided for, shall upon conviction be fined not proceeds thereof are exclusively for the benefit of charity less than $25.00 nor more than $100.00 for each viola- or for the benefit of such church, school, lodge or or- ganization, and where no part of such proceeds goes to tion, and shall be imprisoned in the city jail until any any private individual or corporation, except in payment such fine and costs are paid, provided that each violation, of labor actually performed or for property or materials and each day of any violation of any provision of this' actually furnished for use in connection with such per- article shall constitute a separate offense. (Sec. 20, Ord.l formance, concert or entertainment. (Sec. I, Ord. 4421, 4951, 1-18.39 Revised 1948) 6-11-34 Revised 1948) • CHAPTER 13. LICENSES AND BUSINESS REGULATION 121 13-402. Gambling Prohibited. It shall be unlawful For every day upon which any carnival is operated for any person, firm or corporation to operate or conduct within the City of Salina, the sum of $25.00; Provided, or to permit any other person to operate or conduct, or that if only riding devices are operated in connection for any person to have in his possession, upon the with such carnival, the license tax shall be $10.00 per • premises occupied by any such circus, carnival or tent day; show within the City of Salina, any gambling device or For every day upon which any tent show is operated game of chance. (Sec. 2,Ord.4421, 6-11-34) within the City of Salina, the sum of $25.00; Provided, • 13-403. Permits Required. . It shall be unlawful for that the license tax for one or more weeks shall be $60.00 any person, firm or corporation to operate or conduct per week. (Sec. 6,Ord.4421,6-11-34 Revised 1948) any such circus, carnival or tent show in the City of 13-407. Same; Not Transferable. Every license tax Salina, without first having made application to and herein provided for shall be paid by the person, firm or securing a permit from the Board of Public Welfare of corporation .actually operating the circus, carnival or the City of Salina, and without first having complied tent show to which such license tax is applicable, and the . with all the rules and regulations of such Board of Public payment of any other license tax of any kind paid by Welfare. (Sec. 3,Ord.4421, 6.11-34) any other person shall not be deemed to cover or take Note: Welfare Board,Chap. 1,Art. 13. the place or any license tax provided for by this.ordi- nance,and no license issued hereunder shall be assignable 13-404. License Required. No person, firm or cos- or transferable. (Sec. 7,Ord. 4421,6-11-34) poration shall engage in, pursue, conduct or carry on in the City of Salina, the calling, trade or occupation of 13-408. Lewd, Indecent or Obscene Performances conducting or operating a circus, carnival or tent show Prohibited. No lewd, indecent or obscene performance as in this ordinance defined without first having paid to shall be given or shown in connection with any circus, the City Clerk of the City of Salina the license tax as tent show or carnival'as herein defined, and any person herein provided for, and without first having secured who shall show or permit the showing of, or who shall from the City Clerk a license to conduct or operate the engage in, any such performance shall be deemed guilty same. (Sec. 4,Ord. 4421, 6-11-34) of a violation of the provisions of this ordinance. (Sec. 8, Ord. 4421, 6-11.34) 13-405. Same; Application. Before any license 13-409. Violation; Penalty. Any person, co-part- shall be issued, the person, firm or corporation desiring nership or corporation, or any agent, employee, represen- to secure the same shall file with the City Clerk an ap- native, member or officer thereof, who shall violate or plication in writing setting forth the nature and character cause;permit or direct the violation of any provision of of the circus, carnival or tent show for which a license this article shall be deemed guilty of a misdemeanor and • is desired,the name of the owner thereof,the name under upon conviction thereof shall be fined not less than • which the same is operated, conducted or shown; the $25.00, nor more than $160.00, for each offense and permanent address or residence of such owner; the lo- each day upon which any such violation occurs or con- cation of the place where the same is to be shown or tinues, shall be deemed to be a separate offense, but operated and the date or dates upon which the same is to nothing herein contained shall be deemed to prevent the be shown or operated, together with a statement that the prosecution of any commission will abide by and perform all of the provisions p Y Person for the c(Sec. , of two or more offenses on the same day. (Sec. 9, Ord. 4421, of this article and of all other ordinances of the City of 6-11-34 Revised 1948) Salina, Kansas,and all regulations of the Board of Public Welfare relating thereto, and such application shall be ARTICLE 5. Cereal Malt Beverages accompanied by the original or duplicate of the permit issued to such applicant by the Board of Public Welfare 13-501. Cereal Malt Beverages; Definitions of the City of Salina. (Sec. 5, Ord. 4421, 6-11-34 Re- 13-502. License Required of Retailers vised 1948) 13-503. License Fees Note: Welfare Board,Chap. 1,Art. 13. 13-504. Application of Licenses 13-505. Sale of Wine; Revocation of License 13-406. Same; Amounts. A license tax is hereby 13-506. Examination; Disqualification; Approval levied upon every person, firm or corporation engaging 13-507. License in the pursuit or occupation of operating or conducting 13-508. Statutory Requirements any circus, carnival or tent show as herein defined with- 13-509. Prohibited Zones Established in the City of Salina, which license tax shall be paid to 13-510. Revocation of Licenses the City Clerk at the time the application provided for, 13-511. Beverages Prohibited. is filed,in the following amount,to-wit: 13-512. Sale Prohibited in Certain Places For every day upon which any circus is operated 13-513. Inspection of Premises within the City of Salina,the sum of$75.00; 13-514, Gambling Prohibited • • 122 ORDINANCES OF THE CITY OF SALINA, KANSAS 13-515. Intoxication and Disorderly Conduct also secure a license as a "case retailer" on complying 13-516. Acceptance; Rules and Regulations with the requirements of this article and securing an ad- 13-517. Licensee Responsible for Act of Employees ditional license as a "case retailer. (Sec. 2, Ord. 4741, • 13-518. Cleanliness 4.29-37) 13.519. Relationship of Retailer to Manufacturers, 13-503. License Pecs. There are hereby prescribed Distributors,Agents and Wholesalers license fees as follows: 13.520. Wholesalers and/or Distributors 13-521. Penalty (a) "General Retailer" for each place of business Ref: Statute, Chap. 21, Art. 21, Supp. 1947 and Seventy-five ($75.00) dollars per calendar year. amendments (b) "Case Retailer" for each place of business Fifty ($50.00) Dollars per calendar year. 13-501. Cereal Malt Beverage; Definitions. As used The full amount of license'fee shall be required re- in this article, the words and phrases herein.defined shall gardless of the time of the have the following meanings unless the context other- year in which the application is made and the license shall only be authorized to wise requires: operate under the license for the remainder of the eaten- (a) "Person" shall include individuals, firms, co- dar year in which the license is issued. (Sec. 3, Ord. partnerships, corporations and associations. 4741, 4-29-37; Sec. 2, Ord. 5200, 12-16-46 Revised 1948) (b) "Sale at retail" and "retail sale" mean sales for 13-504. Application for Licenses. Any person de- use or consumption and not for resale in any form. siring a license shall make application to the g pp governing (c) "Place of business" shall mean any place at body of the city and accompany the application with the which cereal malt beverages are sold. required license fee for each place of business for which (d) "Wholesaler or distributor" shall mean indi- the person desires the license. The application shall be viduals, firms, co-partnerships, corporations and associa- verified, and upon a form prepared by the attorney gen- tions which sell or offer for sale any beverage referred eral of the State of Kansas, and shall contain such in- to in this act, to y ' persons, co-partnerships, corporations formation as the governing body of the city may require and associations authorized by this act to sell cereal which shall include the following: malt beverage at retail. (a) The name and residence of the applicant and (e) "Cereal malt beverage" shall include any fer- ho* long he has resided within the State of Kansas; mented but undistilled liquor brewed or made from malt (b) The particular place for which a license is de- or from a mixture of malt and/or malt substitute, but sired; shall not include any such liquor which contains more (c) The name of the owner of the premises upon than three and two-tenths per cent (3.2%) of alcohol by which the place of business is located; weight. (d) A statement that the applicant is a citizen of (f) "Licensee" is a "person" as defined in (a) who the United States and not less than twenty-one years of has a license as herein required. age and that he has not within two years immediately (g) "General retailer" is a licensee who has a preceding the date of making application been convicted • license to retail cereal malt beverages in bottles, original of a felony or any crime involving moral turpitude, or and unbroken cases, and from kegs or in keg lots. been adjudged guilty of drunkenness, or driving a motor (h) "Case retailer" is a licensee who has a license to vehicle while under the influence of intoxicating liquor sell at retail cereal malt beverages in orginal case or keg or the violation of any other intoxicating liquor law of lots or in broken case lots of twelve (12) bottles or more any state or of the United States. and not for consumption on the premises. (Sec. I, Ord. Each such application, in case the applicant is a cor- 4741, 4-29.37; Sec. 1, Ord. 5200, 12-16-46 Revised 1948) poration, shall be accompanied by affidavits executed 13-502. License Required of Retailers. No person by each officer, director, and stockholder owning in the shall sell any cereal malt beverage at retail without first aggregate more than 25°Jo of the corporation's stock, having secured a license for each place of business which and of the manager of such business, containing the same such person desires to operate within the corporate limits information as hereinabove required of an individual of the City of Salina, Kansas, as herein provided and a applicant, and in case the applicant is a partnership, person having only a license to self at retail cereal malt firm or association, the application shall be accompanied beverages as a "case retailer" as designated in this ordi- by affidavits duly executed by each member of such firm, nance shall not sell any such beverage in any other manner co-partnership or association, and of the manager of and a person having only a license to sell cereal malt such business, containing the same information. (Sec. beverages as a "general retailer" shall not sell any. such 4,Ord. 4741,4-29-37) beverage in any other manner than that covered by such 13-505. Sale of 'Wine; Revocation of License. No license; provided however, that a "general retailer" may applicant for a license for the sale of cereal malt • CHAPTER 13. LICENSES AND BUSINESS REGULATION 123 beverages in the City of Salina under the provisions of (f) A corporation, if any manager, officer, or direc- this article shall be granted such license unless the ap- tor thereof or any stockholder owning in the aggregate • plicant shall in his application for such license and as a more than twenty-five per cent of the stock of such cor- condition precedent to the issuance of the same, slate porarion, would be ineligible to receive a license here- in writing that he will not, while any such license is in under for any reason other than non-residence within effect, if such license is granted, sell or have in his place the city or county; of business for sale any wine or vinous beverage includ- (g) A person whose place of business is conducted ing so-called 3.2 wine or other beverage with any alcoho- by a manager or agent unless said manager or agent • tic content except cereal malt beverage as covered by possesses the same qualifications required by the licensee. such license, and if any person while holding a license No license shall be issued for a place of business lo- issued by the City of Salina for the sale of cereal malt cated or to be located in a prohibited zone as defined by beverages shall sell or have in his possession for sale any this article or as hereafter defined or prescribed by ordi- wine or vinous beverage including so-called 3.2 wine or nonce. A person applying for a license as a case retailer any other beverage containing alcohol except cereal malt must be engaged in business in this city. (Sec. 5, Ord. beverages covered by such license, such license shall be 4741, 4.29.37 Revised 1948) revoked by the Board of Commissioners. (Sec. 1, Ord. 13-507. License. The journal of the governing 4961, 12-30-39 Revised 1948) body shall show the action taken. The license shall not 13-506. Examination; Disqualification; Approval. be transferable under any circumstances from one person If the application is in proper form and accompanied to another or to any firm, co-partnership or association by cash in the amount of the license fee and the required containing members not included in the membership affidavits, the governing body of the city shall examine of the original applicant and such license shall not be the application and affidavits, and after such examina- transferable by the same licensee from one location to tion, the governing body of the city shalt refer such ap- another without the consent of the governing body of plication to the chief of police for further investigation the city and upon such conditions as such governing body and report if they deem such additional investigation ne- may prescribe. The license shall be kept posted in a cessary. If the board of commissioners with or without conspicuous place in the place of business. The license such investigation of the chief of police consider that shall state the name of- the licensee, the location of the the applicant is not a-fit person or otherwise entitled to place of business for which the license is issued and the receive such license, they shall reject such application calendar year for which it is issued, and that it is subject and deny such license, but if the applicant is found to to revocation in the manner provided by law and by this be qualified as provided by law, the board of commission- ordinance. (Sec. 6, Ord. 4741,4-29-37) ers shall issue a license to the applicant and shall direct 13-508. Statutory Requirements. No cereal malt the city clerk to issue a license to the applicant; Pro. vided,no license shall be issued to: beverages may be sold in any place of business between the hours of twelve o'clock midnight and six a. m. or on (a) A person who is not a resident of the city in Sunday or any election day, and no licensee shall permit which the premises covered by the license are located, any such beverage to be consumed in or about any and who has not been a resident in good faith of the licensed place of business on any such days or between State of Kansas for at least one year prior to said ap- any such hours. No private rooms or closed booths shall plication and a resident of the county in which said be operated in any place of business. The place of busi- place of business is to be operated for at least six months; ness shall be open to the public and to the police at all (b) A person who is not of good character and times during business hours. No person under eighteen reputation in the community in which he resides; years of age shall be permitted to buy or drink any of (c) A person who is not a citizen of the United such beverages in or about any place of business. (Sec. States; 7,Ord. 4741,4-29-37) (d) A person who within two years immediately 13-509. Prohibited Zones Established. No license preceding the date of making application has been con- shall be issued for any place of business and no cereal vatted of a felony or any crime involving moral turpitude, malt beverages shall be sold in any place. of business or been adjudged guilty of drunkenness or driving a which is located within any residence zone or district as motor vehicle while under the influence of intoxicating now or hereafter provided for or designated in the zon- liquor, or the violation of any other intoxicating liquor ing ordinance of the City of Salina or any amendment law of any state or of the United States; • (e) A co-partnership, unless one of the co-partners thereto. (Sec. 8,Ord. 4741,4-29-37) is a resident of the city of Salina or county of Saline in 13-510. Revocation of Licenses. The governing which the premises covered by the license is located and body of the city, upon five (5) days' notice to persons unless all the members of such co-partnership shall oth- holding any such license shall revoke such license for any erwise be qualified to obtain a license; one of the following reasons: • • 124 ORDINANCES OF THE CITY OF SALINA, KANSAS • (a) If a licensee has fraudulently obtained the license shall no suspend the order of revocation during the by giving false information therefor; pendency of the appeal. (b) If the licensee has violated any of the provisions In case of the revocation of the license of any of this ordinance or any other ordinance of the city licensee, no new license shall be issued to such person or prescribing rules or regulations relating to cereal malt persons acting for or on his behalf, for a period of six beverages as herein defined; if the licensee hal violated months thereafter, unless the order of revocation shall any law of the state for which violation the city is auth- be set aside by the district court of said county on ap- orized by law to revoke the license; - peal. (Sec. 9, Ord. 4741, 4-29-37; Sec. 1, Ord. 5108, (c) If the licensee has become ineligible to obtain a 9-4'45 Revised) license under this ordinance; 13-511. Beverages Prohibited. No licensee under (d) Drunkenness of the person holding such license this article or any other person shall under any circum- or permitting an intoxicated person to remain in such stances sell, offer for sale, give away or have in his pos- place; session any beverages which contain in excess of 3.2% (e) The sale of cereal malt beverages to those under of alchohol by weight or 4% of alcohol by volume or of the age of eighteen years; any percentage of alcohol which is in fact intoxicating, (f•) The nonpayment of any licenes fees; nor shall any such person add to any beverage which is sold or offered for sale or in his possession in or about (g) For permitting any gambling in or upon such any place of business any alcohol or any other intoxicat- premises; ing liquor, nor shall any such person permit any other (h) For permitting any person to mix drinks with person in his place of business to add any alcohol or materials purchased in said place of business or brought other intoxicating liquor to any such beverage or to spike in for this purpose; the same with alcohol or other intoxicating liquor. Ev- (i) For the employment of persons under eighteen ery licensee shall upon demand of any police officer or years of age in dispensing ceeral malt beverages; any other officer of the City of Salina furnish to any (j) For the employment of persons who have been such officer without compensation at least two samples of adjudged guilty of felony or of any violation of the each and every kind or character of beverage which is intoxicating liquor law; in the possession of any such licensee in any such place of (k) For purchasing or displaying a federal retail business for the purpose of examining and testing the liquor tax stamp, same. (Sec. 10, Ord. 4741, 4-29-37 Revised 1948) q p, expiring after June 30th, 1937, issued by the United States Treasury Department, except where 13-512. Sale Prohibited in Certain Places. No gen- issued for industrial, mechanical, scientific,and medicinal eral retailers license shall be issued for any place of purposes; business in the City of Salina except for a room on the (I) If any licensee whose principal business is the first or street floor of the premises or building in which sale of.cereal malt beverages or "tap beer" shall permit such licensed place of business is located, which room any person or persons under the age of eighteen years shall have a clear glass window through which the entire to enter into or loiter about his place of business or if in room or rooms in which any such place is conducted the judgment of the said governing body it is for the shall be at all times visible from the street upon which best interests of the City of Salina and the inhabitants such room fronts, and no screen, curtain, sign or other thereof; Provided, however, that said licensee shall cause obstruction of any kind shall be so placed in or adjacent a sign to be displayed at all times in a prominent place to such window so as to prevent the clear and unob- at or near the entrance to his place of business stating strutted view of such premises from such street, and no that no persons under the age of eighteen years shall be dancing shall be permitted in any such place of busi- permitted on said premises. ness; Provided, that the provisions hereof relating to the (m) For the sale or possession of.or for permitting conduct of such business on the street floor and the main- any person to use or consume upon or in said premises tenance of curtains, screens or other obstructions, and alcoholic liquor as defined by the laws of the State of dancing, shall not apply to any place conducted under a Kansas relating thereto. license issued to any bona fide lodge or fraternal or- And it is hereby made unlawful for any person to ganization having a permanent and bona fide member- commit any act which is made a cause for the revocation ship and which at the date this ordinance takes effect is • of any license as above set forth. duly organized, authorized, chartered'and operated for Within twenty days after the order of the board re- lodge and fraternal purposes, and as a bona fide lodge or fraternal organization under the laws of this state or yoking any license, the licensee may appeal to the dis- any other state. (Sec. 11, Ord. 4741, 4-29-37) trict court of the county in the manner as now provided by law in appeals from the probate court: provided that 13-513. Inspection of Premises. All premises where any appeal taken from an order revoking any such license any business is conducted under any license issued pur-. • • • • CHAPTER 13 LICENSES AND BUSINESS REGULATION 125 • suant to this article shall be open for inspection by police 13-519. Relationship of Retailer to Manufacturers, officers of the City of Salina at all times, and every per- Distributors,Agents and Wholesalers. No manufacturer, son to whom any such license is issued and every em- distributor, agent or wholesaler shall, directly or indirect- ployee of such person shall disclose to any officer of the ly, sell, supply, furnish, give or pay for, or loan or lease, City of Salina upon demand all information relating to any furnishings, fixture or equipment on the premises of the source of supply of the bevefage sold by him or in a place of business of a licensee authorized under this or- his possession, when and from whom the same was pur- dinance to sell cereal malt beverages at retail,nor shall he, chased and any other information pertaining to the same directly or indirectly,pay for any such license, or'advance, which may be required by any such officer, (Sec. 12, furnish, lend or give money for payment of such license, Ord. 4741,4-29-37 Revised 1948) or purchase or become the owner of any note, mortgage or other evidence of indebtedness of such licensee or any 13-514. Gambling Prohibited. No gambling or form of security therefor, nor shall such manufacturer, gambling devise of any kind shall be permitted in any distributor or wholesaler, directly or indirectly, be inte- licensed premises. (Sec. 13,Ord.4741,4-29.37) rested in the ownership, conduct or operation of the busi- 13-515. Intoxication and Disorderly Conduct: No ness of any such licensee nor shall any manufacturer, licensee shall sell or use or give away or permit the sale distributor or wholesaler be interested directly or in- or use or giving away within or upon such licensed prem- directly or as owner or part owner of said premises or as ises by any person, of any intoxicating liquor of any lessee or lessor thereof, in any premises upon which kind, nor shall such licensee permit any intoxicated-per- cereal malt beverages are sold at retail. No manufacturer, son to be or remain upon any such licensed premises, or distributor or wholesaler, shall; directly or indirectly or permit any disorderly conduct in such premises, at any through a subsidiary or affiliate,or by any officer,director time, and the presence of any intoxicated person in or or member of firm of such manufacturer, distributor or upon any such licensed premises, or the existence of any wholesaler, furnish, give or lend any interior decorations disorderly conduct by any persons in or upon said preen- other than signs, costing in the aggregate more than one ises, at any time, shall be deemed to be conclusive evi- hundred dollars in any one calendar year for use in or dente that such intoxicated person is there, or that•such about or in connection with any one establishment on disorderly conduct exists, with the permission of such which products of the manufacturer, distributor or whole- licensee. (Sec. 14, Ord. 4741,4-29-37) saler are sold. Any licensee who shall permit or assent, 13-516. Accepance: Rules and Regulations. Every or be a party in any way to any violation or infringement person shall by his application for a license under this of the provisions of this section shall be deemed guilty article and by the acceptance thereof when issued, be of a violation of this article. deemed to have specifically agreed to abide by and to be No wholesaler or distributor shall sell any cereal malt bound by all of the rules, regulations and provisions set beverage to any person who has not secured a license as forth in this article and by all other ordinances hereafter provided for in this article. (Sec. 18, Ord. 4741, 4-29-37 adopted by the board of commissioners relating to and Revised 1948) regulating any such business and the manner of sale of 13-520. Wholesalers and/or Distributors. It shall be any such beverages. Sec. 15, Ord. 4741, 4-29-37 Re- unlawful for any wholesaler and/or distributor, his or its wised 1948) agents or employees, to sell and/or deliver cereal malt 13-517. Licensee Responsible for Act of Employees. beverages within this city to persons authorized under Every person to whom any such license is isued shall be this ordinance to sell the same within the city unless such responsible for the.acts and conducts of all persons en- wholesaler and/or distributor has first secured a license gaged in managing, conducting or carrying on such from the Department of Inspections and Registration of Licensed business and for the acts and conduct of all em- the State of Kansas authorizing such sales. (Sec. 19, ployees engaged in carrying on such business and the Ord. 4741,4-29-37) • • violation by any such person shall be deemed the act of the licensee for all of the purposes of this ordinance. 13-521. Penalty. Any person violating any of the (Sec. 16,Ord. 4741,4-29-37) provisions of this article shall, upon conviction thereof, for each offense be fined not exceeding One Hundred 13-518. Cleanliness. Every place of business licen- Dollars ($100.00) or imprisoned not exceeding three (3) sed under this article and all equipment used in connec- months, or both so fined and imprisonment, and each Lion with the sale of cereal malt beverages and all persons day's continued violation shall be deemed a separate of- employed in such places of'business shall be kept in a fence. (Sec. 20,Ord.4741,4-29-37 Revised 1948) clean and sanitary condition and no person shall be em- ployed in or about such business place who is not in good ARTICLE 6. Public Dances health or who is afflicted with or suffering from any in- fections or contagious disease. (Sec. 17, Ord. 4741, 13-601. Public Dance; Defined 4-29-37 Revised 1948) [ 13-602. Showing to Board; Certificate • • • • 126 ORDINANCES OF THE CITY OF SALINA, KANSAS 13-603. Clubs, Societies, Etc.; Board Require Show- satisfactory showing to such Board that the dance to be ing given is not a public dance as herein defined, in which 13-604. Supervise Public Dances; Permits case said Board may issue to such person or persons or to 13-605. Chairman of Board and Police to be Nod- such society, club or organization a certificate to the ef- fied feet that no permit is required for the holding of such 13-606. Disorderly Conduct; Dance Stopped; No dance, provided, however, that such certificate may be More Permits revoked at any time by the'Board of Public Welfare, and 13.607. Period of Permit; Revocation any person or persons securing such a certificate for him- 13-608. Dance Supervisor;Authority self or themselves or for any such club, society or or- 13-609. Authority of Chairman Between Meetings ganization who shall, by virtue of such certificate, give 13-610. Unlawful to Give Public Dance Without a dance, which shall be determined, by the Board of Permit or After Permit or Certificate Re- Public Welfare, to be a public dance as herein defined, yoked or shall, by virtue thereof, give any dance to which ad- 13.611. Penalty for Violation of Secs. 3-201 to 3-210 mission is charged in any guise or form, shall be deemed 13-612. Public Dances; License Required . guilty of a misdemeanor and shall be punished as here- . 13-613. Same; Requirements inafter provided. (Sec. 2, Ord. 3058, 12-29-24) 13-614. Same; Applications; Amount of License 13-603. Clubs, Societies, Etc.; Board Require Show- 13-615. Issuance of License; Revocation ing. No dance shall be deemed to be a club, society or • 13.616. License Not Assignable or Transferable; organization dance so as to eliminate the necessity of • Expiration securing a permit therefor under the provisions of this 13.617. Dance on Sunday; Nuisance ordinance, when only the members who attend such 13-618. Violations; Penalty dance are required to pay an admission or floor fee, or Ref: Duties of Welfare Board, Chap. 1, Art. 13. charge, whether the same is collected in advance, at the Also G. S. 13-430; Fire Prevention, Sec. door, on the floor or at any time thereafter, it being the 13-601. Public Dance;Defined. The term "public intent of this article to designate as a club, society or dance" as used in this article and in other ordinances of organization dance only such dance or dances as may the City of Salina, now or hereafter in effect shall mean be given by such club, society or organization and paid any dance to which the public is invited or to which any for out of the funds in the treasury of such organization admission fee is charged under any form or guise whatso- and to which fund all members are required to contribute ever, whether paid at the door, on the floor, or in the equally, whether or not such members attend any dance form of a subscription or whether paid before or after or dances. The Board of Public Welfare, before issuing said dance, under guise of dues or assessments, and where any certificate, under the provisions of this article, may admission is secured by invitation or otherwise, except require any person or persons applying therefor,on behalf as hereafter provided; it being the intent of this article to of any such club, society or organization, to furnish saris- define as a public dance any dance held with the City of factory evidence of the nature thereof. (Sec. 3, Ord. Salina at any dance hall or auditorium, except one which 3058, 12-29-24 Revised 1948) may be given by one or more individuals at his or their 13-604. Supervise Public Dances; Permits. In ad- own expense (as hereinafter limited) and except a dance dition to any and all other duties now and hereafter to which no invited guest is required to pay any ad- provided by ordinance, it shall be the duty of the Board mission fee or charge in any guise or at any time, and of Public Welfare to have supervision of all dances as except one which may be given by a bona fide club, so- herein defined in the City of Salina. Before any public ciery or other organization, having a permanent mem- dance shall be held or before any dance shall be held bership,and which only the regular bona fide members of by any person or persons, club, society or organization, such club, society or organization, and not to exceed one the person or persons giving or holding the same or in outside guest of the opposite sex for each member are charge thereof shall notify the Chairman of the Board permitted to attend together with any bona fide guest of Public Welfare of the proposed time and place there- who may reside outside of the City of Salina, provided of. If the Board of Public Welfare shall decide that that no charge shall be made for any such guest in any the proposed dance is not a public dance it shall issue guise or form, and further excepting such other dances a certificate provided in the preceding section hereof, as may be specifically provided for herein. (Sec. I, but if it shall decide that the dance is a public dance it Ord. 3058, 12-29-24 Revised 1948) may, if it deems the applicant or applicants for such 13-602. Showing to Board; Certificate. Any dance permit to be of a good moral character and entitled to which is given by any club, society or organization or by receive the same, issue a permit for such dance upon the five or more individuals is hereby defined to be a public payment to it of a sum of $3.00, which shall cover the dance until the person or persons in charge thereof shall expense of a supervisor to attend such dance if the Board appear before the Board of Public Welfare and make a of Public Welfare deems such supervisor necessary, and • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 127 the Board on issuing such permits shall notify the City 13-609. Authority of Chairman Between Meetings. Clerk, who shall issue no license until such permit is The Chairman, or Acting Chairman of the Board of granted. (Sec. 4,Ord. 3058, 12-29-24) Public Welfare shall have authority to do any of the acts as herein provided for and all authority herein con- 13-605. Chairman of Board and Police to be Noti- ferred upon the Board of Public Welfare shall be vested fled. Every owner, lessee or person in charge of any in the Chairman or Acting Chairman of such Board at dance hall in the City of Salina, or of any other room all times between the regular or special session of such or place in the City of Salina where any dance shall be Board. (Sec. 9, Ord. 3058, 12-29-24) held, shall notify the Chairman of the Board of Public Welfare and the Chief of Police not later than 12:00 13-610. Unlawful to Give Public Dance Without o'clock noon of the day on which any dance is to be held Permit or After Permit or Certificate Revoked. It shall in such dance hall or other place of the time, place and be unlawful for any person, either individually or as the name of the person or persons, club, society or organiza- officer, director or member of any club, society or or- lion proposing to use such hall or other place for any ganization to give or permit the giving or holding of any such dance, and no such person shall permit any dance to dance for which any admission charge is made or col- be held in any such hall unless there shall be exhibited to lected under any guise whatsoever, without first securing him a permit therefor or a certificate showing that such a permit as required herein, or to give or hold any such permit is not required. (Sec. 5, Ord. 3058, 12-29-24) dance after any such permit or any certificate as herein provided may be revoked, or after any dance has been 13-606. Disorderly Conduct; Dance Stopped; No ordered stopped or discontinued as herein provided for. More Permits. If, at any dance given by any person or (Sec. 10,Ord. 3058, 12-29-24) persons, club, society or organization the persons attend- ing shall be disorderly or shall be guilty of any unbe- 13-611. Penalty for Violation of Secs. 3-201 to • coming conduct or shall be found to be violating any 3-210. Any person who shall violate in any manner, or of the laws or ordinances of the State of Kansas or the connive or conspire with another to violate the provisions City of Salina, any such person may be removed or any of this article or who shall in any manner permit or aid such dance may be ordered stopped by any supervisor in the violation of the foregoing sections of this article appointed by the Board of Public Welfare, or by any shall be deemed guilty of a misdemeanor, and upon con- regular police officer of the City of Salina, and if the vtction-thereof shall be punished by a fine of not less than Board of Public Welfare shall be satisfied that any such $5.00 or more than $50.00 for each offense. (Sec. 1 1, conduct or violation has taken place, such Board of Pub Ord. 3058, 12-29-24 Revised 1948) lic Welfare may thereafter refuse to grant any certificate 13-612. Public Dances; License Required. It shall or any permit as provided for in this article to any such be unlawful for any person, persons, club, society, or or- person or persons, club, society or organization. Sec. 6, ganization or the members, officers or directors thereof Ord. 3058, 12-29-24, Revised 1948) to conduct or operate any public dance as now or here-' • 13-607. Period of Permit; Revocation. The permit after defined by ordinance, or any dance hall or room and certificate herein provided for may be issued for or other place where public dancing is permitted in con- one or more dances or for a designated period of time nection with the serving of food or drinks, whether or to be designated plainly on the face of such permit or not any charge is made for such dancing in addition to certificate, and shall be revocable at any time with or the charge made for food and drinks served in any such without notice by the Board of Public Welfare. (Sec. place,which for the purposes of this and other ordinances 7, Ord. 3058, 12-29-24) of the City of Salina shall be deemed a public dance hall, without complying with all of the rules, regulations 13-608. Dance Supervisor; Authority. The Board and requirements now or hereafter provided for by or- of Public Welfare shall have authority to designate any dinance with respect to public dances, and with the re- suitable person, satisfactory to the City Manager of the quirements and provision provided for in this article, City of Salina, who,when approved by the City Manager, and without first securing a license as provided for in this shall be commissioned as a special police officer, to act article. (Sec. 1, Ord. 4563, 8-12-35 Revised 1948) as the supervisor at any dance for which a permit is issued when the Board of Public Welfare may deem it 13-613. Same; Requirements. No public dance hall necessary to have such a supervisor present at such dance. shall be operated, and no public dance shall be given, Such supervisor, and any police officer of the City of and no public dancing as defined in Section 13-612 of Salina, shall have authority to attend any such dance, re- this article or as otherwise now or hereafter provided by move therefrom any person or persons guilty of disor. ordinance, shall be permitted in any building which is derly conduct or any misconduct or any intoxicated per- located within 50 feet of any dwelling house or other son, and to arrest any person found to be engaged in building occupied exclusively for residence purposes, with- • the violation of any law or ordinance. (Sec. 8, Ord. in the City of Salina, Kansas, and no license as provided 3058, 12-29-24) i for in this ordinance, and no permit as now or hereafter • • 128 ORDINANCES OF THE CITY OF SALINA, KANSAS provided for or required by ordinance, shall be issued City of Salina or the laws of the State of Kansas are for the operation of a public dance hall to any person violated. Each yearly license issued hereunder shall or persons, club, society or organization, or the members, expire on December 31st following the date of issue and officers, or directors thereof, except in conformity with each six months license shall expire on the 31st day of the provisions and requirements of this article or any July, or on the 31st day of December, following the date• other ordinance now or hereafter in effect. (Sec. 2, Ord. of such issue. (Sec. 5, Ord. 4563, 8-12-35 Revised 1948) 4563, 8-12-35 Revised 1948) 13-617. Dance on Sunday; Nuisance. It shall be 13-614. Same; Applications, Amount of License- unlawful for any person, persons, clubs, societies or Before any such license is issued, the person or persons, organizations to conduct or assist in conducting a public dub, society or organization or the members, officers, dance on Sunday in the City of Salina. (Sec. 5, Ord. or directors thereof, applying for the same, shall file with 2414, 11-26-21 Revised 1948) ' • the City Clerk an application for such license which shall state the name of the applicant, and the location of the 13-618. Violations; Penalty. Any person who shall violate or who shall cause, permit or direct the violation place where any such public dance ism be given, or of any of the provisions of this article for which no other where any such public dance hall is to be operated, or where any such public dancing is to be permitted, with penalty is provided shall upon conviction thereof be such additional details with respect thereto as may be fined not less than $25.00 nor more than $100.00 for required by the City Clerk, and shall pay to the City each offense, and each separate violation and each day Clerk a license tax for the same as follows: For one upon which any such violation is caused or permitted to yepr, $100.00; for six months $50.00; for a single day or exist, shall be deemed a separate offense. (Sec. 6, Ord. night $3.00; and in cases•where a permit is required by 4563,8.12-35 Revised 1948) ordinance from the Board of Public Welfare, shall exhibit such permit to the City Clerk. (Sec. 3, Ord. ARTICLE 7. Fireworks 4563, 8-12-35) 13-701. Certain Fireworks Prohibited • • 13-615. Issuance of License; Revocation, IP, upon 13-702. Sale; License Required the filing of such application and the payment of such 13.703. Time When Sales Permitted license fee, it appears to the City Clerk that under the 13.704. Storage; Regulation provisions of this and other ordinances of said city, the 13.705. Use; When Permitted applicant is entitled to a license, the City Clerk may is- 13-706. Window Displays sue such license to such applicant, or if'the City Clerk is 13-707. Display or Sale Prohibited,Certain Places not satisfied from such application that the applicant is 13-708. Throwing Prohibited; Use Near Hospitals 13-709. Duty of Parents entitled to a license, he shall refer such application to P 13-710. Fireworks; Stocks; Inspection; Confiscation .the Board of Commissioners, who shall either approve or reject such application. If the application is approved 13-71 L Nuisance; Injunction by the Board of Commissioners, the City Clerk shall issue 13-712. Violation; Penalty such license, and if the application is rejected no license Ref: Regulations of State Fire Marshal shall be issued, and the amount deposited with the City Clerk as a license fee shall be returned to the applicant. 13-701. Certain Fireworks Prohibited. It shall be unlawful for any person, firm or corporation to have in The Board of Commissioners shall have the right at any his possession, store, transport, display for sale, sell, offer time, if such Board is satisfied that any licensee is violas- ing any of the provisions of this or any other ordinance for sale, give away, discharge, fire and/or use any of the of the City of Salina, or that any following, at any time within the corporate limits of the ry y public dance or dancing is being conducted contrary to the provisions of this or City of Salina, Kansas: any other ordinance of the City of Salina, to revoke any I. Any fireworks containing any explosive consist- license issued, whether the same was issued with or with- ing of chlorate of potash and sulphur. out the approval of the Board of Commissioners. (Sec. 2. Nigger chasers or squibs, including all types of 4,Ord.4563, 8-12-35) fireworks that travel on the ground. 3. Roman candles, beyond 12 balls. 13-616. License Not Assignable or Transferable; Expiration. 'No license issued under the provisions of 4. All firecrackers and salutes over three inches in this article shall he in any manner assignable or trans- length and/or more than % inch in diameter. ferable, and no such license shall be issued to or per- 5. All snakes or magic snakes or spit devils which mitted to be held by any person or persons who are not contain mercury, phosphorus, or other poisonous com- of good moral character, or for the operation or conduct Pounds. of any public, dance or public dance hall or for any 6. Blank cartridges, ammunition canes, unprotected public dancing in any place where the ordinance of the hammer type single cap pistols. - • CHAPTER 13. LICENSES AND BUSINESS REGULATION 129 7. Any salute or aerial display, customarily fired 13-705. Use;When Permitted. No fireworks and/or from a motor, including parachutes with flares attached. pyrotechnics shall be fired, exploded, and/or used within 8. Pistols, or other devices from which blank cart- the corporate limits of the City of Salina, except during ridges may be fired. that period of time commencing at 6 o'clock p.m., on the 9. Sky rockets. 3rd day of July, and ending at 12 o'clock midnight on • the 4th day of July, except where the 4th day of July 10. All bombs,repeating tanks, and toy cannon. falls upon Sunday, then such fireworks and/or pyro- 11. Round, globe, or spherical salutes. . technics may be exploded and/or used from '6 o'clock • 12. Torpedoes other than self•-consuming type. p.m. on the 3rd day of July, up to 12 o'clock midnight on 13. Hot air balloons carrying flame. the 5th day of July. Provided, however, that the Board of Commissioners of the City of Saline, may permit the 14. Paper caps containing more than 35 grains of display of fireworks, which includes the presenting of explosive. complete pyrotechnical displays or the shooting of aerial 15., Sparklers beyond 20 inches in length. reports or bomb shells under the direction of an expert 16: All fireworks containing white or yellow phos- operator, which display or the shooting of aerial reports phorus. of bomb shells, shall be carried out under conditions as (Sec. 1, Ord. 4950, 1.18.39 Revised 1948) may be prescribed by the City Manager of Salina, as 13-702. Sale; License Required. It shall be unlaw- shall in his opinion not be hazardous to surrounding pro- ful for any such person, firm or corporation to display perry or dangerous to any person or persons. (Sec. 5, for sale, sell, or offer for sale, any fireworks and/or Ord. 4950, 1-18-39) pyrotechnics, including sparklers, which are not pro- 13-706. Window Displays. No fireworks and/or hibsted to be sold by the preceding section, without first pyrotechnics•shall be stored„kept or displayed in the having obtained a license from the City Clerk. Be- window of any store building or any other building fore any such license is issued said applicant for such wherein the sun is permitted to shine through glass, on • license shall pay to the City Clerk a license fee of such fireworks or pyrotechnics. (Sec. 6, Ord. 4950, twenty-five dollars ($25.00). Such license fee shall be 1-18.39) due and payable on or before he 20th day of June of each year, and no license shall be issued after said date. 11-707. Display or Sale Prohibited, Certain Places. • A separate license shall be required for each and every No fireworks and/or pyrotechnics of any kind or nature place from which the applicant for a license desires to shall be displayed, sold, or offered for sale in any open sell fireworks and/or pyrotechnics, which license shall be place in front of any place of business,or in any doorway, displayed in a conspicuous place in the place of business or upon any sidewalk or within fifty (50) feet of any in which such fireworks and/or pyrotechnics are to be gasoline filling station or any bulk oil or gasoline station sold. (Sec. 2, Ord. 4950, Amd. by Sec. 1, Ord. 5202, or plant. (Sec. 7, Ord. 4950, 1-18-39) 1-16-46 Revised 1948) 13-703. Time When Sales Permitted. No fireworks 13-708. Throwing Prohibited; Use Near Hospitals. and/or pyrotechnics, the sale of which is not prohibited It shall be unlawful for any person to throw fireworks of under the provisions of this ordinance shall be sold or of- any kind from any vehicle of any kind, or into any ve- fered for sale, except from and after June 20 to and in. hide of any kind, nor shall any fireworks be thrown from eluding July 4'of each year. It shall be unlawful for any building or structure. No fireworks shall be exploded any person, firm or corporation to sell or offer for sale, or used within three hundred (300) feet of any hospital, any fireworks and/or pyrotechnics on the first day of the or within any business district m the City of Salina. week commonly called "Sunday." Where the 4th of July (Sec. 8, Ord.4950, 1-18-39) falls upon Sunday, then such fireworks and/or pyro• 13-709. Duty of Parents. It shall be unlawful for technics may be sold upon the 5th day of July. (Sec. 3, any parent, guardian, or other person having the care Ord, 4950, 1-18-39 Revised 1948) • or custody of any minor, to either furnish or give to such 13-704. Storage; Regulation. No fireworks and/or minor at any time, any of the fireworks and/or pyro- pyrotechnics, the sale of which is not prohibited under technics or other articles described in Section 13-701 of Section 13-701 of this article, shall be kept or stored any- this article, as prohibited being sold within the City of where within the corporate limits of the City of Salina Salina, or to furnish or give to any minor any fireworks at any time other than from the tenth day of June to the and/or pyrotechnics not prohibited undei the provisions tenth day of July inclusive, of each year. No person, of Section 13-701 hereof, at any time, except upon the firm or corporation shall keep or store any fireworks days when such fireworks and/or pyrotechnics are per- and/or pyrotechnics for wholesale sale or for sale other mitred to be sold within the corporate limits of the City than retail trade, within the corporate limits of the City of Salina, under the provisions of this article. (Sec. 9, of Salina. (Sec. 4, Ord. 4950, 1-18-39 Revised 1948) Ord. 4950, 1-18.39 Revised 1948) • • 130 ORDINANCES OF THE CITY OF SALINA, KANSAS 13-710. Fireworks; Stocks; Inspection; Confiscation. 13-809. Revocation of License The stock of fireworks and/or pyrotechnics of any met- 13-810. Daily Report of Purchases to Police De- chant or dealer of the City of Salina shall be subject to partmenr inspection by the Chief of the Fire Department of the 13-811. Violation City of Salina, at any time, and if said stock shall be 13-801. Junk Defined. Junk is hereby defined to be found to comply with the provisions of this article, upon old iron, lead, brass, steel, copper or other metals, wires, • application a license shall be granted for the sale thereof, cables, rags or bagging, rope, rubber, bones, and the same shall be issued by the City Clerk upon the mil paper bottles payment of the license fee under the conditions provided and other and similar old materials, and old machinery and old automobiles or parts thereof. (Sec. 1, Ord. for in this article. If said stock of fireworks and/or 3802, 10-26-29) pyrotechnics, or any portion thereof shall be found to be in violation of the provisions of this article, then such 13-802. Same; License Required. It shall be unlaw- portion of said stock of fireworks, kept in violation of ful for any person, firm or corporation to carry on a the provisions of• this article, shall be subject to con- business of buying, selling, collecting, trading, exchang- fiscation, and no license shall be issued to any such per- ing or otherwise dealing in junk as herein defined with- son keeping such stock of fireworks and/or pyrotechnics, out having first obtained a license to do so and having for the sale of any fireworks during such calendar year paid a license tax therefor as hereinafter provided. (Sec. when said person so owning such stock, shall violate the 2, Ord. 3802, 10-26-29) terms of this article, as herein provided, and it shall be 13-803. Application. Any person, firm or corpora- unlawful for any person or persons, company or cor- tion desiring any such license shall make application in porarion, so violating the provisions of this article, to writing to the City Clerk which application shall set display and/or sell any fireworks and/or pyrotechnics of forth the full name of the applicant together with his any kind or nature. (Sec. 10, Ord. 4950, 1-18-39 Re- residence address and if a dealer, the location at which wised 1948) such junk is to be kept or stored and the applicant shall 13-711. Nuisance; Injunction. The possession, not keep or store junk in any other location in said city. storing, transportation, displaying for sale, selling, of- Any such application shall be submitted to the Board of fering for sale, giving away, discharging, firing, or using Commissioners and if the Board of Commissioners ap- • of any of: the fireworks, pyrotechnics, or other articles Prove such application and location, may order the is- mentioned in Section 13-701 of this article at any place suance of a license upon payment of license tax as here- . within the Ciry of Salina or within three miles from the in required. (Sec. 3, Ord. 3802, 10-26-29) city limits of the City of Salina by any person, firm or , 13-804. Definitions. The word person, when used in corporation is hereby declared to be a nuisance and any this article, shall mean any person, firm, corporation or such nuisance shall be abated by injunction or,otherwise association or any agent, officer, member or employee as provided for in Section 13-1417, General Statutes of thereof, and those governed by this article, and of Kansas, 1935; Provided that the remedy provided for in whom licenses shall be required as provided for herein, this section is in addition to any penalty provided in this shall be classified and defined as follows: article for the violation of its provisions. (Sec. 11, Ord. (a) Junk Dealers, who are defined as any person 4950, 1-18-39 Revised 1948) or persons, who engage in the City of Salina, Kansas, in 13-712. Violation; Penalty. Any person, firm or buying, collecting, trading in, exchanging or otherwise corporation, who shall be found guilty of violating any dealing in junk as herein defined, and shipping, selling of the terms or provisions of this article, shall upon con- or otherwise disposing of the same in truck load or car viction be adjudged guilty of a misdemeanor, and be load lots, and who conduct such business at or from any fined in any sum not exceeding Twenty-five Dollars Yard or place in the City of Salina where such junk, ($25.00) or be imprisoned in the city jail not exceeding while owned or held by such person, is kept or stored; ten (10) days. Sec. 12, Ord. 4950, 1-18-39 Revised provided that the term Junk Dealer as herein used, shall 1948) not include any person classified as an Automobile Junk Dealer or as an Automobile Junk Parts Dealer, as here- ARTICLE 8. Junk Dealers • inafter defined. 13-801. Junk Defined (b) Junk Buyers, who are defined as any person or 13-802. Same; License Required persons who engage in the City of Salina, Kansas, in buy- 13-803. Application - ing, collecting, trading in, exchanging or otherwise deal- 13-804. Definitions ing in junk as herein defined, and shipping, selling or 13-805. License Taxes • otherwise disposing of the same in truck load or car load 13-806. Each Vehicle Licensed lots, but who do not have in the City of Salina any yard 13-807. Additional Licenses or place from which such business is conducted; pro- 13-808. Storage Regulations vided that the term "Junk Buyer"as herein used shall not • • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 131 include any person classified as an Automobile Junk 13-805. License Taxes. The taxes for such licenses Dealer or as an Automobile Junk Parts Dealer, as here- shall be as follows: inafter defined. (a) For Junk Dealers, $150.00 per year. (c) Junk Collectors, who are defined as any person (b) For Junk Buyers, $25.00 per year or persons who engage in the City of Salina, Kansas, in (c) For Junk Collectors, $1.00 per year. m (d) For Paper Junk Dealers, $10.00 per buying,g, collecting, trading in, exchanging or otherwise dealing in junk as herein defined, for resale within the year. • City of Salina, Kansas, who do not have or maintain (e) For Automobile Junk Dealers, $150.00 any yard or other place in the City of Salina, Kansas, per year. (f) For Automobile Junk Parts Dealers, from which such business is conducted, and who do not • sell, ship or otherwise dispose of such junk outside of $50.00 per year. the City of Salina; provided that the term Junk Collector Provided that any person who shall pay any license as used herein shall not include any person classified as tax as hereinabove provided for, shall, without paying an Automobile Junk Dealer or as an Automobile Junk any additional license be entitled to engage in any other Parts Dealer,as herein defined. business as provided for in this article, for which the same or a lesser tax is provided for herein. (d) Paper Junk Dealers, who are defined as any All such license taxes shall be payable in advance person or persons who engage in the City of Salina, and all licenses issued hereunder shall expire on the last • Kansas, in buying, selling or collecting old paper, card day of December next after the same are issued, and no board or paste board boxes, rags, bagging or other or licenses shall be issued for less than a whole year or for similar materials, or baling the same at any place in the the remaining portion of the year after such license is is- City of Salina. sued, provided that any license issued prior to July 1st, in any year, shall require the payment of a license fee (e) Automobile Junk Dealers, who are defined as for a full year, and any license issued after July 1st, in any person or persons who engage in the City of Salina any year, shall require the payment of one-half of the in the business of buying, selling, storing, exchanging, annual license fee herein provided for, for the remaining trading or otherwise dealing in old automobiles or parts portion of such year. (Sec. 5, Ord. 3802, 10-26-29; thereof for the purpose of wrecking, dismantling or Amd. Sec. 2,Ord. 4729, 3-15-37 Revised 1948) junking such old automobiles or parts thereof,except old batteries, old tire or other old automobile parts which 13-806. Each Vehicle Licensed. A Junk Collector's are purchased separately from the automobiles from license as provided for herein shall be required for each which they were removed, or dealing in old automobiles wagon or vehicle used for the collection of junk. (Sec. for any purpose other than as vehicles, and who conduct 6, Ord. 3802, 10-26-29) such business at or from any place in the City of Salina 13-807. Additional Licenses. No Junk Dealer, where any such old automobiles or parts thereof are Junk Buyer, Automobile Junk Dealer or Automobile wrecked, dismantled, junked, kept or stored; Provided, Junk Parts Dealer shall operate more than one yard or that this section shall not apply to regular dealers in new place of business under one license, but shall secure ad- or second hand automobiles, who may as an incident to ditional license for each yard or place of business operat- their regular business engage in selling or dealing in old ed by him; provided that no license shall be required of automobiles. any such dealer for the operation of a separate store. or place of business where individual parts taken from (1) Automobile Junk Parts Dealers, who are de- any junk automobile are sold as parts and not as junk. fined as any person or persons who engage in the City (Sec. 7,Ord. 3802, 10-Z6-29, Revised 1948) of Salina, Kansas, in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old 13-808. Storage Regulations. All places where any automobiles or parts thereof, except old batteries, old junk as herein defined is kept or stored together with all tires or other old automobile parts which are purchased junk therein, shall at all times be kept in a sanitary con- separately from the automobiles from which they were dition and open to the inspection of any police or sani- removed, or dealing in old automobiles for any purpose tary officer of the City of Salina, and no junk dealer, other than for use as vehicles, who do not engage in the junk buyer, automobile junk dealer, or automobile junk business of wrecking, dismantling, junking or storing parts dealer shall expose or permit to be exposed to such old automobiles'or parts thereof within the City public view any junk kept or stored by him, but shall of Salina, but who engage in the business of selling parts cause all such junk kept or stored by him to be kept from such wrecked, dismantled or junked automobiles at either in a permanent building, or behind a board fence or from any store, yard or other place in the City of not less than five (5) feet in height, which fence shall at Salina. (Sec. 4, Ord. 3802, 10-26-29; Amd. Sec. 1, Ord. all times be well painted and in good repair; provided 4729, 3-15-37) that in any yard or place in which junk is kept or ■ 132 ORDINANCES OF THE CITY OF SALINA, KANSAS stored and which was located at the time of the adoption fine in any sum not less than $25.00 nor more than of Ordinance Number 3188, being the zoning ordinance $100.00 or by imprisonment, for each offense, and each of the City of Salina, in any district defined by said day's continued violation of any provision of this article ordinance as a commercial or residential district, or shall be deemed to be a separate offense. (Sec. 11, Ord. which may be located on property taken into the city 3802, 10-26-29 Revised 1948) limits of said city after the establishment of any junk thereon and which upon its inclusion within the city ARTICLE 9. Music Machines limits become a part of any commercial or residential 13.901. License; Music Machines district as defined by said zoning ordinance, no junk 13.902. Music Machines; Regulations shall be kept or stored and no such fence shall be erect- 13-903. Definitions ed nearer than 50 feet to the line of any street or avenue 13-904. Violations; Penalty • upon which such yard or place abutts. (Sec. 8, Ord. 3802, 10-26-29 Revised 1948) 13-901. License; Music Machines. That it shall be • unlawful for any person to maintain or operate or per- 13.809. Revocation of License. Any license issued mit to be maintained or operated within the City of Se-' hereunder may be revoked by the Board of Commission- lina, either as principal, agent, lessee, licensee, owner or ers upon conviction of the licensee or any agent, em- in any other capacity, any music playing machine or ployee or officers of any licensee of the violation of any device operated by depositing coins or tokens, without ,provision of this article, or of any ordinance or law first having secured a license from the City Clerk to en- relating to the purchase or possession of stolen property, gage in such business, trade or occupation, and for the and may be suspended pending the hearing of any such keeping, maintaining and operating of any such device charge prior to conviction. (Sec. 9, Ord. 3802, 10-26-29 and without first having paid to the City of Salina the Revised 1948) license tax therefor as herein provided for. There is hereby levied on every such person a license tax of $7.50 13-810. Daily Report of Purchase; to Police Depart- event. Every Junk Dealer or Automobile Junk Dealer per each six months for each such machine or device shall make a list of every article or group of articles operating and/or playing one or more records with a purchased by him, which list shall contain a description coin or coins of the value of more than one cent or of the articles purchased, sufficient to identify the same, with any token, and $2.50 per each six months for each and the name of the person from whom the same were such machine or device operating and/or playing one purchased and date and hour of purchase and shall fur- record with a one cent coin. Such license fees shall be nish a true and correct copy of such list, signed by such payable at the time such license is issued and every license purchaser with the Chief of Police of the City of Salina, herein provided for expires on the next succeeding Kansas, before noon of each day covering the articles July 1st or December 31st in the year in which it is is- purchased during the preceding day. In case of any sued. Every license shall show the name of the licensee, automobile or piece of machinery bearing on which is a description of the machine and the location at which by law required to bear a motor or serial number, such the machine is kept and shall not be transferable from motor or serial number or both if such automobile or one licensee to another or from one location to another, • piece of machinery has or is required to have both, shall but may be transferred from' one machine to another be shown, and if any such motor or serial number shall while operated by the licensee at the some location. (Sec. be defaced or erased, such fact shall be shown on such 1, Ord. 4693; Sec. 1, Ord. 4964; Sec. 1, Ord. 4972; Sec. report and it shall be unlawful for any person, firm or 1, Ord.4989, 1.51-41, Revised, 1948) corporation purchasing any such article to sell the same 13-902. Music Machines; Regulations: It shall be or to remove the same from the location at which it may unlawful for any person licensed to operate any music be stored or kept, or to tear down or remove parts there- playing machine or device as provided for in this article from, until the same has been in his possession for at or owning maintaining or operating any place of busi- least 48 hours. (Sec. 10, Ord. 3802, 10-26.29) ness where any such music playing machine or device is 13-811. Violation; Penal Att kept, used or operated to play or permit the playing on ty. y person, firm or or by any such machine or device, by means of records, corporation, or any employee, agent, officer or member rolls or otherwise, any obscene or indecent music or thereof, who shall violate any of the provisions of this words. (Sec. 7,Ord.4693, 11-4-36, Revised, 1948) article, or who shall permit or direct the violation there- of by any employee or agent, or who shall conduct any 13-903. Definitions. Whenever in this article the business defined herein without securing a license and term "person" is used it shall be deemed to refer to any paying the license fee therefor, or who shall conduct or corporation, co-partnership or member thereof, or any carry on such business after any such license shall be agent, representative officer or employee of any person, revoked or suspended, shall be deemed guilty of mis- corporation or do-partnership. (Sec. 9, Ord. 4693, demeanor and upon conviction shall be punished by a 11.4-36, Revised, 1948) • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 133 13-904. Violations; Penalty. Any person who shall rightfully or lawfully sold by the ty. y p g y y y person so offering it violate any of the provisions of this article or who shall for sale. (Sec. 3,Ord. 5043, 1-10-44) fail to comply with any of the requirements or provisions 13-1004. Shall Keep in Plain View. Every such hereof shall be deemed guilty of a misdemeanor and for buyer or dealer shall keep in plain view of the public in each offense shall be punished by a fine of not less than some conspicuous place for a period of at least three days $10.00 nor more than $109.00, or by imprisonment and from the date and time of purchase or receiving same, all each day upon which any violation shall continue shall articles so purchased or received. (Sec. 4, Ord. 5043, be deemed a separate offense. (Sec. 10, Ord. 4693, 1.10-44) 11-4-36, Revised, 1948) 13-1005. Penalty. Any such dealer, or buyer who ARTICLE 10. Pawnbrokers and Second Hand Dealers shall violate, fail, neglect or refuse to comply with any provisions, regulation or requirement of this article, shall 13-1001. Shall Keep Record be deemed guilty of a misdemeanor, and upon conviction 13-1002. Record Open for Inspection thereof shall be fined not less than Twenty-five dollars, 13-1003. Shall Not Purchase of Persons Under 16 nor more than One Hundred Dollars. (Sec. 5, Ord. Years of Age or Stolen Property 5043, 1.10-44, Revised, 1948) 13-1004. Shall Keep in Plain View 13-1006. Additional Penalty. That in addition to 13-1005. Penalty the penalty provided for in Section 13-1005 of this 13-1006. Additional Penalty article, any such dealer or pawnbroker, licensed under Ref: G. S. 13-423; 13-424; 110 Kan. 127; 137 Kan. the terms of any ordinance of the City of Salina that 797. License Tax, 13-102 (16-A) • violates, fails, neglects or refuses to comply with the terms of this Ordinance shall forfeit such license upon 13.1001. Shall Keep Record. Every pawnbroker hearing before the Board of Commissioners of the City and every buyer of second hand or old gold or silver or of Salina after five-day notice duly given of the time diamonds or other second hand jewelry, shall keep at and place of such hearing. (Sec. 5, Ord. 5043, 1-10-44, his place of business a register, in which he shall enter Revised, 1948) in writing, a-minute description of all property taken, purchased, or received by him in the conduct of his said ARTICLE 11. Pool and Billiard Halls,Shuffle Boards business (including any number that may be in or upon and Bowling Alleys any article), together with the time of the purchase and the name and place of resident (giving street and number 13-1101. Billiard and Pool Tables; License if within city), or the person selling or leaving said pro- 13"1102. Minature Pool Tables and Shuffle Boards perty; also the amount paid for such property'or loaned 13-1103. Same;Application thereon. He shall make such entries within one hour 13-1104.. Issue License after the purchase of said property, and such entries 13-1105. Hours Open; Sunday shall be made in ink and shall not in any manner be 13-1106. Age of Players erased, obliterated or defaced. It shall be the further 13-1107. Profane Language duty of every such dealer or.buyer to make out and de- 13-1108. Intoxicating Liquor liver to the police department of the city, every day be- 13-1109. Connecting Rooms fore-the hour of 12:00 m. a legible and correct copy 13'1110. License Suspension from said register, of all property received or purchased 13-1111. License Revokable during the preceding 24 hours, and a good description 13-1112. Violation; Penalty of the person, or persons from whom the same were 13-1113. Same; Penalty purchased. (Sec. I,Ord. 5043, 1-10-44) ' 13-1114. Posting Copy of Ordinance Ref: Fire Regulations,Sec. 10-111 13.1002. Record Open for Inspection. Such register 13-1101. Billiard and Pool Tables; License. It shall shall at all times be kept open to the inspection of the Commissioners,City Manager and the Police Department. be unlawful for any person or persons to have, keep or Such dealer or buyer shall upon request exhibit to any maintain, for hire or profit in any place in the City of • such officer for inspection any article or articles so put- Salina billiard,or pool tables, without first securing a chased or received by him. (Sec. 2, Ord. 5043, 1-10-44) license therefor as in this ordinance provided, and pay- ing a license tax on all such tables in the following 13-1003. Shall Not Purchase or Person Under 16 amounts: For each table $7.50 for six months or frac- Years of Age or Stolen Property. No such dealer or tional part thereof. Such license when issued shall ex- buyer shall purchase or receive any such article or pro- pire on the last day of June or December next after the perty of person or persons under the age of 16 years, nor same is issued, and shall be non-assignable and non- buy or purchase any stolen property which he may from transferable, and shall be issued only to individuals and any cause have reason to believe or suspect cannot be not to corporations; provided that the license tax herein • 134 ORDINANCES OF THE CITY OF SALINA, KANSAS made payable shall be based upon each and every billiard between the hours of 11 p. m. and 6 p. m., on any day, and/or pool table kept or maintained in place of business or permit any game to be played therein on Sunday or for which such licenses is paid unless such table is ac- between such hours of I I p.m. and 6 a.m. on any day. tually dismantled and rendered unfit for use as a billiard (Sec. 5, Ord. 3821, 1-4-30) or pool table. (Sec. 1, Ord. 3821, 1-4.30; Amd. Sec. 1, Ord. 4496, 1-7-35; Amd. Sec. 1, Ord. 4925, 1-10-39, 13-1106. Age of Players. It shall be unlawful for Revised, 1948) the owner, manager, keeper or person in charge of any place described in the preceding section of this article to 13-1102. Miniature Pool Tables and Shuffle Board permit or allow any person under the age of eighteen Devices; License. It shall be unlawful for any person or years to play at or take part in any game in any such persons to have, keep or maintain, for hire or profit in place or to loiter or congregate in or about any such any place in the City of Salina, minature pool or billiard place; Provided, however, that persons under the age of tables or shuffle board devices of any character upon eighteen years may be permitted to play at or take part which metallic, plastic or other metal discs are cast or any in games in any such place or to be in such place if the other amusement device not otherwise provided for by owner of such place shall, in addition to his application ordinance, without first securing a license therefor as for license to operate such place, make a special applica- in this ordinance provided, and paying a license tax on tion to the City Manager of the City of Salina for such all such tables, boards or other devices in the following permit and if such application shall be approved by the amounts: For each of such tables, boards or devices, City Manager after the same has been referred to and $12.50 for six months or fractional part thereof and approved by the Board of Public Welfare. In such otherwise be subject to the additional limitations provided special application the owner of such place shall agree in the preceding section as to other licenses. that he will allow no person under the age of eighteen 13-1103. Same; Application. Any person or per- years to loiter in or play at any game in the place owned sons desiring a license under this article shall make ap- by him unless and until he has first secured from such plication therefor in writing, over his or their signature, person two permission cards signed by a parent or guar- to the City Clerk. Such application shall state the num- dian of such person, or the person having parental auth- ber of billiard and pool tables, miniature pool tables, ority over such person, granting him permission to play shuffle boards and other amusement devices, to be set up, at games or to be in such place. The owner of such place kept and used; the location of the room or rooms in shall keep one of such cards on file in his place and the which such devices are to be set up and used and shall other shall.be filed with the City Clerk, and no person contain a certificate of at least two reputable citizens of under the age of eighteen years shall be permitted to said city as to the good character of the applicant or ap- play or loiter in such place unless such a card is on file plicants and their recommendation that such license be covering such person, or after the same is revoked, and granted. Such application shall also be accompanied by the owner of such place shall likewise keep a register a certificate of the Board of Public Welfare of the City which shall be signed daily by all persons under eighteen of Salina recommending the granting or rejecting of the years who enter his place, either to loiter or to play. same, add the City Manager may approve such license Such permission cards shall contain the name of place or deny the issuance thereof if he deems the applicant where such person is to be permitted, the name, address • therefor not of good character. Provided, that if such and telephone number of the parents (both father and license is refused the applicant may appeal to the Board mother, if living) or guardian if such person has no of Commissioners who may in their discretion grant or father or mother, and the address, telephone number, refuse such license. (Sec. 2, Ord. 3821, 1-4-30, Revised, date of birth and age of the person to whom such card 1948) relates, and shall state whether or not he is employed, Note: Welfare Board,see Chap. 1,Art. 13. and if so, where. When such card is filed with the City Clerk it shall be the duty of the City Clerk to notify by 13-1104. Issue License. If the City Manager shall mail the parents or guardian mentioned in such card, deem the applicant to be a fit person to engage in such that such permission card is on file in his office. No such business, and shall approve such application, the City special permit shall be granted to the owner of any such Clerk shall upon payment of the license tax herein pro- place if beer is sold or used on such premises or if a vided for, issue such license. (Sec. 4, Ord. 3821, 1-4-30, license to sell malt or cereal beverages is in effect cover- Revised, 1948) ing such premises. Any permission given by a parent 13-1105. Hours Open: Sunday. Jr shall be unlaw- or guardian or person having parental authority, to any • ful for any person or persons to keep open or cause or person under the age of eighteen years to play at or be in permit to be kept open any billiard or pool hall, bowling any such place, may be revoked at any time by either of alley, or any other place where billiard or pool tables or the parents or guardian or person having parental auth- other gaming tables or devices are kept for pay on the ority over any such person. The violation by the owner, first day of the week, commonly known as Sunday, or manager, keeper or person in charge of any such place, • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 135 of any of the provisions of this section, or any of the article shall be• deemed guilty of a misdemeanor and agreements contained in the special application provided upon conviction thereof shall be fined not less than for herein, shall be grounds for the revocation of the $10.00 nor more than $100.00 or be imprisoned not to permit granted pursuant to such special application. (Sec. exceed thirty days or shall be subject to both such fine 6, Ord. 3821, Amd. Sec. 1, Ord. 5011, 2-9-42, Revised, and imprisonment, for each offense, and upon convict- 1948) ion of any person or persons to whom a license as pro- --13-1107. Profane Language. It shall be unlawful vided for in this ordinance shall have been issued, or for the owner, manager, keeper or person in charge of upon the conviction of any manager, keeper, or person any pool or billiard hall to knowingly permit the use of in charge of any pool or billiard hall licensed under this profane or indecent language or to permit any riotous article, or any employee thereof, of any such violation, or disorderly conduct in such place. (Sec. 7, Ord. 3821: or upon the conviction of any such person of selling or 1-4-30). keeping for sale or free distribution, or of using or per- muting the keeping or use of any intoxicating liquors, or 13-1108. Intoxicating Liquor* It shall be unlawful of permitting any gambling in or about said premises, or for the owner, manager, keeper or person in charge of any pool or billiard hall to sell or keep for sale or free upon the conviction of any other person upon the charge distribution any intoxicating liquors or to permit any of gambling in or about said premises, the Board of , Commissioners may revoke such license, and after any intoxicating liquor to be kept or used in or about said such revocation, no license shall at any time thereafter premises, or to permit any disorder in or about said y premises, or to permit any gambling in or about said be granted or issued to any such person so convicted, or premises. (Sec. 8, Ord. 3821, 1-4-30). in whose premises any such act was committed, and upon any such conviction, an action shall at once accrue upon 13-1109. Connecting Rooms. It shall be unlawful the bond given by any such person or persons, and the for the owner, manager, keeper or person in charge of person or persons to whom any such license is issued any pool or billiard halt to permit such place to be con- shall be deemed responsible for and guilty of any viola- nected with any other separate room or compartment tion of this article caused or permitted by any manager, either in the same or any adjoining building, unless the keeper or employee of such pool or billiard hall. (Sec. connecting doorways or passageways between•such prem- 11, Ord. 3821, 1-4-30, Revised, 1948) ises and any such room or compartment shall be at all times kept open and free from any door, gate or other 13-1113. Same: Penalty. Any person or persons device which may be shut.or locked, and there shall be who shall keep or maintain any pool or billiard table no door, gate or other device capable of being shut or required to be licensed by this article, without first °b- locked between any such pool or billiard hall and any mining a license therefor. or who shall keep or maintain such adjoining room, except that this section shall not any such pool or billiard table or keep open any billiard apply to room designated for and used solely for toilet or pool hall after any such license shall be revoked, shall purposes. (Sec. 9, Ord. 3821, 1-4-30) for each day or part of a day that any such pool or 13-1110. License Suspension. Every license issued billiard hall is kept open, be deemed guilty of a mis- demeanor and for each separate offense shall upon con- under the provisions of this article may in the event of viction be punished by a fine of not less than $50.00 the violation of any provisions of this article by the nor more than$100.00; or by imprisonment not to exceed licensee be suspended by the City Manager, provided that thirty days, or by both such fine and imprisonment not upon such suspension the licensee may appeal to the Board of Commissioners for redress. (Revised, 1948) to exceed thirty days, or by both such fine and imprison- Board and provided further that if any bond given under 13-1111. License Revokable. Every license granted this article shall be cancelled by the surety, or otherwise. under the provisions of this article shall be revokable and the operation or use of any pool or billiard table there- cancellable at the pleasure of the Board of Commissioners after and before a new bond is given shall be deemed an of the City of Salina, Kansas, irrespective of any other operation thereof without a license, and any such license provision contained in this article for the revocation shall be deemed null and void during any period in of any such license, provided however, that if such re- which no bond as herein required is in effect. (Sec. 12, vocation or cancellation shall be made by the Board of Ord. 3821, 1-4-30, Revised, 1948) Commissioners without or prior to the conviction of the owner, or manager, of such pool or billiard hall for any 13-1114. Posting Copy of Ordinance. At least two violation of this ordinance, the pro-rata portion of the copies of this article, and the license issued hereunder, license fee for the unexpired term of the license shall be shall be posted in conspicuous places in each pool or returned to the person who shall have paid the same. billliard hall licensed under the provisions of this article, . (Sec. 10, Ord. 3821, 1.4-30, Revised, 1948) and a failure to keep such copies and license posted shall 13-1112. Violation: Penalty. Any person or per- be deemed a violation of the provisions of this article. sons who shall violate any of the provisions- of this (Sec. 14, Ord. 3821, 1-4-30, Revised, 1948) • 136 ORDINANCES OF THE CITY OF SALINA, KANSAS ARTICLE 12. Public Vehicles; Licenses in General Amd. by Sec. 1, Ord. 1911, Amd. by Sec. 1, Ord. 2499, 5-15-22, Revised, 1948) 13-1201. License Required 13-1202. Clerk to Issue License 13-1204. Term of License. No license shall be is- 13-1203. Rates Charged for Licenses sued under his article for a less sum than the respective 13-1204. Term of License annual rates specified in Section 13-1203, hereof, and 13-1205. Articles Left in Vehicle every such license, when issued, shall expire the following 13-1206. Penalty December 31. All such licenses shall be non-assignable, , 13-1207. Metal License Plates to be Furnished but the same may be revoked by the Board of Commis- 13.1208. License Plate Displayed sioners upon the conviction of the licensee of having 13-1209. Changing License Plate from One Vehicle violated any of the provisions of this article. No license to Another; License Revoked shall be granted to any person under eighteen years of 13-1210. Violation of Sections 13-1207; 13-1208; age. (Sec. 4, Ord. 1552, Amd. by Sec. 3, Ord. 1616, 13-1209 7.7-11, Revised, 1948)* Ref: Taxicabs, Art. 13 - 13-1205. Articles Left in Vehicle. Whenever any 13-1201. License Required. It shall be unlawful for package or article of baggage, or goods or merchandise any person, firm or corporation to run, use or drive, of any kind shall be left by the owner in or on any li- upon the public streets and thoroughfares of the City of tensed vehicle, or when such package or article shall be Salina, any coach, automobile, transfer wagon, express left in the custody of the driver or chauffeur of any such wagon, dray, or wagon or vehicle of any kind or.descrip- vehicle, such driver or chauffeur shall, upon the dis- of covery of such package or article, forthwith deliver the Lion used for carrying, conveying or transporting baggage, goods, wares or merchandise within said City same at police headquarters, unless such, package or for pay, without first having and procuring a license article shall be sooner delivered to the owner thereof. therefor, as in this article provided; Provided, the pro- (Sec. 11,Ord. 1552,4-].8-10) visions of this article shall not apply to vehicles kept and 13-1206. Penalty. It shall be unlawful for any per- used solely in the prosecution of the retail business, or to son to do any of the things hereinbefore prohibited, or merchants using their own wagons or vehicles for the de- to fail to do any of the things hereinbefore commanded livery of goods sold by them in the ordinary course of to be done in this article; and any person who shall drive, their business in said City. (Sec. 1, Ord. 1552, 4-18.10, propel or run any of the vehicles named in this article Revised, 1948) used for carriage of goods or merchandise for pay with- 13-1202. Clerk to Issue License. The license pro- out first procuring a license therefor, as in this article vided for in this article shall be issued by the City Clerk, provided, or who shall violate any of the provisions of this article for which a penalty is not hereinbefore ores- and shall be signed by the City Manager and Clerk, with the corporate seal of the City affixed thereto, and shall cribed, shall :be deemed guilty of a misdemeanor and recite the number of the license, the name of the person upon conviction thereof fined in any sum not exceeding to whom issued, the amount paid for such license, a one hundred dollars for each offense. (Sec. 17, Ord. description of the vehicle licensed and the character of 1552, 4-18-10, Revised, 1948) • the business in which it is to engage; but no license shall 13-1207. Metal License Plates to be Furnished. be issued until the person applying therefor shall fur- That whenever under any ordinance of the City of Sa- nish to and file with the Clerk the receipt of the City lina, Kansas, a license charge is required to be paid by Treasurer showing the payment of the amount required the person owning or operating any vehicle for hire, in- by this article to be paid for any such license. (Sec. 3, eluding drays, transfer wagons, trucks and other similar Ord. 1552, Amd. by Sec. 3, Ord. 1616, 7-17-11, Revised vehicles, the City Clerk shall upon payment of any such 1948) license charge furnish to the person paying the same a 13-1203. Rates Charged for Licenses. The amounts metal license plate, which shall be fastened securely in to be paid for a license under Section 13-1201 shall be some conspicuous place on the outside of the front or as follows, to-wit: (a) For any vehicle used in the City right side of the vehicle for which such license charge of Salina in the business of transporting for hire therein was paid. (Sec. 1,Ord. 3088, 3-2-25, Revised, 1948) any goods, wares, merchandise, baggage, parcels, furni• 13-1208. License Plate Displayed. It shall be un- ture or other thing or property of any kind or nature lawful for any person, firm or corporation to own or to whatsoever, $15.00 per year, or any portion thereof, for operate on the streets of Salina any vehicle for which a each 'such vehicle, provided that any person licensing license charge is required by the ordinance of the City more than two such vehicles under this sub-section owned of Salina without displaying thereon in the manner pro- and operated by him shall pay at the rate of $10.00 per vided in Section 13-1207 of this article the metal license year for each such vehicle over and above two such ye- plate mentioned in such section. (Sec. 2, Ord. 3088, hides. (Sec. 4, Ord. 1552, Amd. by Sec. I, Ord. 1665, 3-2-25, Revised, 1948) CHAPTER 13. LICENSES AND BUSINESS REGULATION 137 13-1209. Changing License Plate from One Vehicle 13.1328. Seating Capacity to Another; License Revoked. It shall be unlawful for 13-1329. Posting and Filing Schedule; Change of any person, firm or corporation to display on any ye- Rates hide any license plate issued by the City Clerk upon the 13-1330. Hourly Rates payment of the license charge for any other vehicle. If 13-1331. Taximeters;Approval; Receipts any such license plate issued for one vehicle is used up- 13-1332. Taximeters Incorrect on any other vehicle, the license covering the vehicle for 13-1333. Taximeters or Speedometers, Lighted at which such license plate was issued shall be revoked and Night no license shall thereafter during the same year be is- 13-1334. Meters Kept in Working Order sued for such vehicle, and it shall be unlawful to drive 13-1335. Taximeters; Signals or operate any such vehicle on the streets of Salina, 13-1336. Inspection Test and Seal Meters Kansas, for hire after any such license is revoked and 13-1337. Refusal to Pay Fare before a new license is issued therefor. (Sec. 3, Ord. 13.1338. Weddings and Funerals' 3088, 3-2-25) • 13-1339. Taxi-cab for Immoral Purposes, or Trans- portation of Liquor • 13-1210. Violation of Sections other penalty 13-1208;herei 13.1340. Same; License Suspended or Revoked 13-1209; Penalty. In addition to any other penalty herein 13-1341. Same; Driver Guilty; Penalty provided any person,firm or corporation who shall violate 13-1342. Revocation of License any of the provisions of sections 13-1207y 13-1208 and 13-1343. Terms of Ordinance; Apply to Owner; 13-1209 shall be deemed guilty of a misdemeanor and Agents,etc. upon conviction thereof- shall be fined in any sum not 13-1344. Violations; Owners and Operators • less than $10.00 nor more than $50.00 for each offense. (Sec. 4,Ord. 3088, 3-2-25, Revised, 1948) Ref: G. S. 13-412; 13-413; 96K. 820; 106K. 867; 109K. 796; 140K. 129; 140K. 451; 141K. 697 • ARTICLE 13. Taxi-cabs 13-1301. Definitions. Whenever used in this article 13-1301. Definitions the following terms shall be respectively defined as fol- 13-1302. License Required • lows: (a) The word "street" shall mean and include • 13.1303. Application;Title Certificate every public street,alley,avenue,road, highway,thorough- 13.1304. Conditions of License; Transfer fare or public place in the City of Salina. (b) The word "taxi-cab" as used herein- shall include every and all 13.1305. License Approved by-Board of Commis- sioners motor vehicles carrying passengers for hire for which a 13-1306. Insurance Required charge is made and for which public patronage is so- 13-1307. Inspection of Taxi-cabs, Maintenance; 'kited, provided however, that motor busses operating Suspension by Inspector under a franchise from the city or operating under auth- 13-1308. Fees for Inspection ority and jurisdiction of the State Corporation Commis- 13-1309. Clerk to Issue License; Signatures; Register sion shall not be termed taxi-cabs within the meaning 13.1310. License Fees; Revocation; Age of Licensee hereof. (c) "Person" and/or "Persons" shall mean and 13-1311. Maintenance of Taxi-cabs include any person, firm, association, co-partnership or 13.1312. License; Posting; Inspection; Identifica- corporation. (d) Taximeter: A mechanical device af- tion •. fixed to taxi-cabs and designated to measure the distance 13-1313. Drivers License;Application driven and calculate the charge therefor, which is so in- stalled that the figures or fares as stamped by the ma- 13-1314. Same; Investigation of Applicant by Po- lice; Moral and Physical Requirements chine, may be given to the passenger as a receipt. (e) . 13-1315.- Same; Expiration; Renewal Use of any word in the singular shall include plural, and 13-1316. Drivers Identification Card use of plural shall include singular. (Sec. 1, Ord. 4952, 13-1317. Display of Identification Card 9-18-39, Revised, 1948) 13-1318. Identification Card; Duplicate 13.1302. License Required. No person,•either act- 1311319. Revocation; Suspension of Drivers License ing as owner,principal, agent, employee, lessee,or licensee 13.1320. Specifications for Taxi-cabs shall operate or permit to be operated upon the streets• 13-1321. Appointment of Manager of the City of Salina any taxi-cab without first having 13-1322. Taxicab Stands Prohibited procured a license therefor as hereinafter provided. '13-1323. Single Firm (Sec. 2,Ord. 4952, 9.18-39) 13-1324. Cruising Prohibited '13-1325. Maintaining Telephones on Public Streets, 13-1303. Application; Title Certificate. .Any person Prohibited desiring to secure a license for the operation of a taxi- . 13-1326.... Taxi-cab Rates cab within the City of Salina shall file with the city 13-1327. Extra Passengers clerk a written application containing the following in- l • • • 138 ORDINANCES OF THE CITY OF SALINA, KANSAS • • formation: (a) the full name and address of the owner sity require the licensing of such taxi-cab, in addition to and operator, (b) make, motor and type of vehicle, (c) any other taxi-cabs which manat that time be operating seating capacity (including driver), (d) motor and serial under licenses issued by the city, and if they deem the number and state license number of vehicle, (e) principal applicant therefor to be of good moral character and that place of business, office address and name, and night and such applicant or any person employed by him will day telephone numbers, of the manager in charge of operate the taxi-cab for which a license is desired properly operation of such taxi-cab, and if the owner or operator and for the best interests of the public and that they will is a corporation, the name of officers and directors of conform to and obey the ordinances of the city relative such corporation and if a partnership, the name of all to the operation of taxi-cabs and all other ordinances the partners, (f) name of insurance carrier carrying the of said city, grant a license to such applicant covering liability insurance on such taxi-cabs as required in this the taxi-cab described in his application and direct the , ordinance and the number and date of issuance and date city clerk to issue such license; Provided, however, that of expiration of such policy, and such other information, the Board of Commissioners shall not approve or have in statements and agreements as may be required on a print- effect at any one time licenses for taxi-cabs in a number ed form furnished by the city clerk for such purpose. in excess'of the number which the Board of Commission- The application shall be accompanied by the title certi• ers may deem necessary for the best interests and con- ficare issued by the State of Kansas showing ownership venience of the inhabitants of the City of Salina or the of such vehicle, which certificate shall be left with the general public, or in such number that the owners and city clerk while any license issued on such application is operators of the licensed taxi-cabs and their employees in effect. (Sec. 3, Ord. 4952, 9-18-39) might in the opinion of the Board of Commissioners,be 13-1304. Conditions of License; Transfer. Any apt to engage in practices which would be detrimental to license for the operation of a taxi-cab shall apply to and the best interests of the city and its inhabitants and the and cover only the specific vehicle described in the ap- general public, and shall reject and deny any application plication therefor until on application duly made by the in the event that they consider that the granting of such same owner and operator the right to transfer such li- license would increase the number of taxi-cabs licensed tense to another vehicle is granted by the Board of Com- to operate in the City of Salina beyond the number ne- missioners. Every application shall be signed by the habit y for the best y and n and convenience of the in- owner of the vehicle described in the application and by habitants of said city and the general public, or if for any other person in any manner interested in the direc• any other reason they deem that the granting of such tion, operation or control thereof and under whose name license would be detrimental to the public interest. (Sec. it is to be operated and such additional persons shall be 5, Ord. 4952,9-I8-39, Revised, 1948) described in such application and in any license issued 13.1306. Insurance R pursuant thereto as the operator. No license issued for Required. It shall be unlawful the o erasion of an operate a taxi-cab for hire or to permit the same to be P y taxi-cab shall be assigned or trans- operated in the City of Salina and no license for the ferred to any other person as owner or operator except y upon application for such transfer made to and granted operation thereof shall be granted by the Board of by the Board of Commissioners, and'it shall be unlawful Commissioners of said city until the applicant for a li- for any person to use, drive or operate either as owner, tense shall deposit with the city clerk a policy of liability operator or driver, any taxi- insurance issued to and covering such applicant and the y cab within the City of Salina taxi-cab described in his application, in such form as which shall not have been duly licensed, or which is not shall be acceptable to and approved by the Board of being operated by the owner and/or operator to whom Commissioners, and issued by an insurance company or the license for such vehicle was issued-or on which any association approved by said board and in such amount license has been cancelled, or which has ceased to be operated by the owner or operator named in the license as said board may deem sufficient to adequately protect or in the dul a the interests of the public, which policy shall bind the y pproved transfer thereof. (Sec. 4, Ord. company or association issuing the same to pay 4952, 9-18-39) 8 Pa com- pensation for injuries to or death of persons and. for 13-1305. License Approved by Board of Commission- less of or damage to property resulting from the negligent ers. The applicant for any such license shall at the time operation of such taxi-cab, and shall make•such addiional the application is filed with the city clerk pay to the city arrangements for the protection of the public supplement. clerk the fee for such license as provided for by this ing such insurance policy as the Board of Commissioners article and the City Clerk shall thereupon after inspection shall require and approve. Any such insurance policy and approval of such vehicle by the license inspector as shall have incorporated therein. or attached thereto by provided for in this article, present such application to endorsement thereon, recitals to the effect that the policy the Board of Commissioners at the next regular meet- is issued in accordance with and under the requirements ing of such board. The Board of Commissioners shall 'of the ordinances of the City of Salina pertaining thereto if they consider that the public convenience and neces• I and that it is issued for the benefit of and for the pur- CHAPTER 13. LICENSES AND BUSINESS REGULATION 139 pose of protecting the public, including passengers there- taxi-cab until the owner or operator of such taxi-cab in, against injuries or damages resulting from the shall have repaired the same or restored such taxi-cab to negligent operation of said taxi-cab and that it shall re- such physical and mechanical condition as shall meet the main effective until cancelled as herein provided for, ir- approval of the license inspector and it shall be the duty respective of any statements, declarations, misrepresenta- of the license inspector upon the suspension of any such tives. acts or omissions of the assured or of any agent, taxi-cab license by him to report such suspension of the servant, employee or representative of assured either in officer to the City Clerk and to the Chief of Police and the application for said policy or in the schedule of state- no owner, operator, or driver of any taxi-cab, the license menu or declarations contained or referred to in said for which has been so suspended by the license inspector, policy, including statements as to ownership, or made, shall allow or permit such taxi-cab to be used until the committed or omitted before or after the occurrence of same shall be re-inspected and approved by the license any injury or damages caused by the operation of such inspector. (Sec. 7, Ord.4952, 9-18-39) vehicle, and shall provide that no cancellation of the 13-1308. Fees for Inspection. Before examining policy or any endorsement thereon shall be effective un- and certifying the condition of any taxi-cab the applicant nil the expiration of ten days after notice of such can- cellation shall have been delivered to the city clerk, and for a license or any licensee whose vehicle is to be in- such other recitals as may be approved by and required spected shall pay the license inspector an inspection fee by the Board of Commissioners, and any of $1.00 for each vehicle inspected by him which shall y y policy or ter- be paid by him into the city treasury and no license shall tificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be be issued or transferred from one vehicle to another, used as a taxi-cab in the City of Salina shall be deemed until such inspection fee is paid, or if inspection is re- to include the provisions of this article whether such pro- quired of a vehicle already licensed, such license shall visions are specifically recited therein or not. (Sec. 6, be revoked upon the failure of the licensee to pay such Ord. 4952,9-18.39, Revised, 1948) Pee. (Sec. 8, Ord. 4952,9-18-39) 13-1307. Inspection of Taxi-cabs; Maintenance; 13-1309. Clerk to Issue License; Signature; Register. Suspension by Inspector. When an application for a After the application for any taxi-cab license has been filed with the City Clerk and the condition of the vehicle taxi-cab license or for the transfer of a license from one described therein provided by the license inspector and vehicle to another is filed with the city clerk he shall refer the same to the city license inspector (and until the insurance covering such vehicle approved by the otherwise provided by ordinance the city building in- Board of Commissioners and after the license fee pro- spector shall be ex officio license inspector) and it shall vided for herein has been paid to the City and the be the duty of such inspector examine such vehicle as application for license approved by the Board of Com- • to its physical and mechanical condition, including its missioners the City Clerk shall issue a license for the brakes, lights, and other equipment and its registering ownership of such taxi-cab which shall contain the name meter, if any, and to certify to the Board of Commission- of the licensee including both owner and operator and a • en his approval or rejection of such taxi-cab, and no ap- description of the vehicle licensed and before any such plication .for license shall be approved by the Board of license is delivered to the licensee it shall be endorsed • Commissioners and no license shall be issued by the city thereon in the presence of the City Clerk the signature clerk until the condition of such vehicle has been ap- of owner and operator named in such license. The City proved and certified by the license inspector. The de- Clerk shall keep a register of all such licenses isued by cision of the license inspector with reference to such con- him showing the name of the owner and operator to dition shall be final and conclusive, except that the Board whom the license is issued, the description of the vehicle of Commissioners may if they deem it proper and ne- including motor and serial number, the name of any emery, direct the issuing of license for any taxi-cab person to whom any assignment and transfer of 'any which may be rejected,by the inspector and the board license or of any licensed vehicle is made, the date when may also at any time inquire with reference to the condi- issued or transferred, the amount paid for such license, Lion of any.taxi-cabs and may at any time revoke the the date of its expiration, the name of the insurance car- license of such taxi-cab if in the opinion of such board tier with the number and date of expiration. (Sec. 9, • its physical and mechanical condition renders it unfit for Ord. 4952, 9-18-39) use as a taxi-tab, In addition to the inspection required 13-1310. License Fees; Revocation; Age of Licensee. for the issuing a license, it shall be the duty of the license A license issued under this article shall be for,a period inspector to make an examination of each taxi-cab at ending December next or June 30 after it is issued. The least once each three months from the date of the license fees shall be as follows: for a period beginning original inspection, or oftener if necessary, as to its before July 1 and ending December 31 for each vehicle physical and mechanical condition and the license inspec- with a seating capacity of more than five persons $30.00, for is hereby empowered to suspend the license of such and for each vehicle with a seating capacity of five per- 140 ORDINANCES OF THE CITY OF SALINA, KANSAS' sons or less $25.00, and for a period beginning January (d) The experience the applicant has had in driving 1 or after and ending June 30; and for a period begin- motor vehicles. ning July 1 or after and ending December 31, one-half (e) The name of the•person by whom the applicant the fee above stated. No taxi-cab shall be operated until is employed and name and address of employer during the required license fee has been paid and a license is- the preceding two years and kind of employment. sued. No taxi-cab shall be operated after the license is (f) Whether or not the applicant has ever been revoked. No license so issued shall be assignable except convicted of a felony or misdemeanor, giving particulars as provided for in this article and the same may be re- of each such conviction. yoked by the Board of Commissioners upon the convic- tion of the licensee of having violated any of the pro- (g) Each applicant shall furnish four recent photo- visions of this article and said board may also revoke graphs of himself, not less than 21/2" by 3" and not more such license for any cause which the board may deem than 21/2" by 3'/" and submit to finger prints by the constitutes reasonable grounds for such revocation, and police department. One of said photographs shall be at- also and in such manner and for such causes as are other- tached to the copy of the application filed in the police wise in this article provided for. No such license shall department, one shall be attached to the application filed be granted to any person under twenty-one years of age. with the City Clerk, one shall be attached to the license (Sec. 10, Ord. 4952, 9-18-39; Sec. 1, Ord. 5008, 1-5-42 issued to such driver and one to the identification card Revised 1948) hereinafter provided for, which shall be conspicuously displayed in any taxi-cab being driven by such person. 13-1311. Maintenance of Taxi-cabs. It shall be tin- (h) A statement that the applicant is in good lawful for any person either as owner, operator or driver health. to drive, operate or use on the streets of Salina any taxi- - , cab which is not in good sound, safe and fit condition (t) The applicant must name three (3) reputable mechanically and otherwise, including brakes, lights and persons who have known him for one year or more im- mediately prior to such application. Such persons given other equipment, or which is in any manner defective, unsafe or unfit for use. (Sec. 11,Ord. 4952, 9-18-39) as reference must be residents of the City of Salina, 13-1312. License; Posting; Inspection; Identification. Kansas. Such application shall .be made in duplicate, The license issued by the City Clerk for the operation of: and both copies shall be referred by the City Clerk to the any taxi-cab and also the drivers license issued by the city Chief of Police. The Chief of Police shall endorse his to the driver thereof, or identification cards issued by the report and recommendation on both copies, one of which City Clerk as provided for in this article, shall at all shall be returned by him to the City Clerk and one re- times, while the taxi-cab is being used or maintained or mined in the files of:the police department, together with offered for use for hire to the public, be kept in a con- the finger prints of the applicant. spicuous place in the taxi-cab itself, and shall be subject Each application shall be accompanied by the pay- to inspection at any time by any officer of the City of ment of an examination and license fee of ten dollars Salina. The owner and driver thereof shall also upon ($10.00) and in the event the applicant is refused a li- demand furnish to the officer inspecting the taxi-cab his cense, such fee shall be returned to the applicant by the signature made in the presence of such officer for the City of Salina. (Sec. 13, Ord. 4952, 9-18-39 Revised purpose of identification. (Sec. 12, Ord. 4952, 9-18-39 1948) Revised 1948) • 13-1314. Same; Investigation of Applicant by Po- 13-1313. Drivers License; Application. It shall be lice; Moral and Physical Requirements. Every applicant • be unlawful for any person to act as a driver of a taxi- must be at least twenty-one (21) years of age and have cab or livery car without having first secured a license to resided in the City of Salina or within two'miles thereof be issued by the City Clerk of the City of Salina, as for at least one year next preceding the filing of such herein provided. Such license shall be applied for in application provided however, that any person receiving writing on such forms as the City Clerk may prescribe, a license io operate a taxi-cab under provisions of Sec- and such application shall include: Lions 13-1303 to 13-1305, inclusive, shall'be-eligible for (a) The name, age, sex, weight, height, color of an operators license after a residence of four months. eyes, and hair of applicant, his residence address and Before a license is issued.the Chief of Police shall cause • length of residence in the City of Salina. an investigation to be made of the facts set forth in the (b) Whether or not the applicant has heretofore application and of the record of 'such applicant in the been licensed as a chauffeur or taxi-cab driver, and if so, police court of Salina and the district court of Saline when and by what city or state, and whether such license County, Kansas, and any other courts in which he may has •been revoked or suspended, and if so, the date of have reason to believe the applicant has a record, and such revocation and suspension. . shall report to the City Manager all information secured (c) The number of times and places arrested, from such information relative to the applicant's record and/or convicted for traffic violations. in any court, and the City Manager shall not approve ■ CHAPTER 13. LICENSES AND BUSINESS REGULATION 141 • the issuance of a license to any person who has been 'upon the requirements as are provided for in Section convicted of the violation of any of the criminal laws of 13-1314 hereof, and new photographs shall be furnished, the State of Kansas or has been convicted of a felony in if in the opinion of the Chief of Police, they are neces- any other state or has been convicted of violating any of sary for proper identification. No refund shall be made the ordinances of the City of Salina involving moral for any reason whatsoever, after issuance of the license turpitude. Provided, however, that the Chief of Police and no license fee shall be prorated. (Sec. 15, Ord. 4952, may in any case where more than three years has elapsed 9,18-39 Revised 1948) since any such person has been convicted of any offense 13-1316. Drivers Identification Card. At the time herein described, and where he believes the general the drivers license is issued a drivers license identification reputation and integrity and responsibility of the rip- card shall also be issued. Said card shall be of•a form plicant during such time is such that such applicant prescribed by the City Clerk,and shall contain the picture would at the time of the application be a fit person for of the driver affixed in such a manner that another pic- such occupation, he may recommend to the City Manager Lure cannot be substituted therefor without detection. The of the City of Salina, that a license be granted. The drivers license number, card number, and the expiration Chief of Police shall also'cause such applicant for a date of said license shall also be shown thereon. Said driver's license to be examined as to his knowledge of card shall have space on the reverse side for entering the provisions of the ordinance of the City of Salina re- violations and fines. (Sec. 16, Ord. 4952,9-18-39) lacing to traffic,as well as geography of the city,and if the 13-1317. Display of Identification Card. The driv. applicant fails to show a reasonable knowledge of such ers license identification card shall be conspicuously dis- matters, he shall be refused a license. Each applicant played in such a manner that the entire card is visible must, if required by the police department, demonstrate from the'rear seat of the automobile which the driver is his skill and ability to safely handle an automobile by operating, and the only driver's license identification driving it through a crowded section of the city, ac- card displayed shall be the one belonging to the driver companied by a member of the police department. If who is on duty at that time. Said card shall be enclosed the applicant is found to be a'fit and proper person to in a frame, with glass or other transparent front, so that operate and drive a taxi-cab, by the Chief of Police, he the same shall be clearly discernable to and can be read may recommend to the City Manager of the City of by the passenger in the rear seat. No drivers license Salina that a license be granted. The City Manager shall shall be transferable. No driver shall operate a taxi-cab then consider the application and the report and recom- and livery car unless he shall have his identification card mendation of the Chief of Police and any other snforma- so displayed. The driver shall be responsible for keeping don which may come to him concerning the applicant, said card in a good condition and it shall be unlawful and if the City Manager is satisfied that the general to have a torn or illegible card. (Sec. 17, Ord. 4952, reputation for integrity and responsibility of the applicant 9-18-39) is such as to render such applicant fit for such oc- cupation he may approve the application and direct the 13-1318. Identification Card; Duplicate. In case of City Clerk to issue such applicant a license. No license a loss of a license identification card the owner may file shall be issued to any persons who from general physical with the City Clerk a sworn statement of the facts con- appearance or for any other reason is not in the opinion cerning such loss,and if the City Clerk is satisfied that the of the City Manager morally and physically fit to drive facts-justify the issuance of a replacement card, he shall or operate a taxi-cab or livery car in the City of Salina, on the payment of a fee of fifty cents (50c) issue a dup- or-to any person whose general reputation for integrity Itcate card. Such duplicate card shall be plainly marked and responsibility, or whose previous record as a law "duplicate" and the number of the original card shall violator or otherwise is such as to render the applicant be furnished to the police department, as well as the unfit for such occupation in the opinion of the City number of the duplicate card. (Sec. 18, Ord. 4952, Manager. (Sec. 14, Ord. 4952, 9-18-39 Revised 1948) '9-18.39) 13-1319. Revocation; Suspension of Drivers License. 13.1315. Same; Expiration; Renewal. All drivers A drivers license shall be revoked by the Chief of Police license shall expire on the 31st day of December of each for any of the following reasons: year. Prior to the expiration of any such license, the (a) Upon conviction of violation of any federal or driver may file an application for renewal and may ob- state law. rain a new license upon the payment of a fee of Ten (b) For operating any vehicle while drunk. Dollars (10.00), if such renewal application is filed on or before December 20th of the year in which an ex- (c) For leaving the scene of an accident. isting license expires, and in such event, no new license (d) For failure to make full report of an accident to application shall be required. However, before any re- the police department. newal license is issued, the applicant must secure the rip- (e) For permitting any other person to use his proval of the Chief of Police in the same manner and license. - • • • • 142 ORDINANCES OF THE CITY OF SALINA, KANSAS (f) For obliterating or erasing any official entry on Iat night, that it can be clearly read at a distance of three his license identification card. ) (3) feet. (b) Knobs or Handle of Doors. Every taxi- (g) Upon conviction of a third major traffic vio- cab shall have a knob or handle upon the inside of all lation during anyone license year (A major traffic viola- doors thereof by which said doors may be easily opened [ion is hereby defined to be: (I) speeding, (2) reckless from the inside. (c) Name and Number on Outside of driving, (3) non-observance of lights or signs, (4) driv- Cab: Every-taxi-cab that is authorized and licensed to • ing while drunk, (5) improper brakes, (6) making a operate in the City of Salina shall be assigned a number left or U-turn where not permitted, (7) driving on the by the City Clerk of said city, and it shall be unlawful wrong side of the street). to operate a taxi-cab within the City of Salina unless said A drivers license may be suspended by the Chief of number is printed on a door on each side, on the wind- Police for a period of not to exceed ninety (90) days for shield, and on the rear of the said taxi-cab, in plainly any of the fallowing reasons: visible numerals at least three (3) inches in height. Each taxi-cab shall have painted thereon on each side the name (a) First and second offenses of any major traffic or names of the persons or company owning and operat- 4iolation. ing the same; the letters constituting said names shall be (b) Repeated infractions of minor traffic laws or block letters and at least two (2) inches in height. (Sec. rules. 20,Ord. 4952,9-18.39) Whenever a drivers license is revoked or suspended, 13-1321. Appointment of Manager. Two or more the Chief of Police shall take up the drivers license and owners or operators of taxi-cabs associated together in license identification card and forward same to the City any hi Clerk together with a full report of the reasons for such Y P armers P, association, or joint enterprise or doing business under a joint or common name or from the revocation or suspension. No person whose license has same office or headquarters and every corporation owning been revoked shall be eligible to receive a new license and/or operating taxi-cabs within the City of Salina until one year from the date of such revocation. shall elect oi- appoint some one individual as manager of In case of the revocation or suspension of the license such partnerhip, association, joint enterprise or cor- the driver shall have the right to appeal to the Board of poration who shall be responsible for the operation of Commissioners of the City of Salina, by notifying the all taxi-cabs and automobiles for hire of such partner: City Clerk of his intention to appeal within three days, ship, association, joint enterprise or corporation in said and thereafter presenting the matter at the next regular city. The name of such manager of each partnership, meeting of the Board of Commissioners, but any revoca- association, joint enterprise or corporation operating tion or suspension shall remain in effect until such ap- taxi-cabs or autbmobiles for hire upon the streets of the peal is heard and until such revocation or suspension is City of Salina shall be immediately reported to the City rescinded or set aside by such board. Upon the hearing Clerk and to the Chief of Police. No such partnership, of any appeal from an order of suspension, or on con- association, joint enterprise or corporation shall here- sideration of any report of suspension made by the Chief after operate, or be licensed to operate any taxi-cab or of Police, the board may revoke any such license. (Sec. automobile for hire upon the streets of the City of Salina 19,Ord.4952,9-18-39) without first having placed on file with the City Clerk 13-1320. Specifications for Taxi-cabs. No taxi-cab and the Chief of Police the name of such manager. (Sec. shall be licensed unless it shall have the following equip- 21, Ord. 4952,9-I8-39 Revised 1948) ment and comply with the following specifications and 13-1322. Taxi-cab Stands Prohibited. That no taxi- requirements: (a) Posting Cards: Every taxi-cab shall cab licensed to operate in the City of Salina shall be er- be equipped with a frame for the proper display of the mitred to stand when unem lo Y ed at an P owner's fare-rate card and the owner's and driver's identi- public streets of the City, of Y place an the of Salina, and no taxi-cab fication cards, as required by this ordinance and the laws parking stands shall be permitted or maintained at any of the State of Kansas. Such card shall be so placed place on any such public streets. (Sec. I, Ord. 5030, that they can be plainly seen by the passengers riding in 5-15-1943, Revised 1948) such taxi-cab. The fare rate card shall state clearly the rates of fare to be charged. If the fare to be charged is 13-1323. Single Firm. Two or more .owners or upon a mileage basis, it shall so state and shall give the operators of taxi-cabs associated together in any partner- schedule of races; if the fare to be charged is based upon ship or joint enterprise or doing business under a joint the carrying of passengers within certain locations, or common name or from the same offices or headquar- bounded by streets, as is hereinafter provided for, it tars shall for the purposes of this article be deemed and shall so state, and shall state the rate to be charged for considered to be a single firm or owner. (Sec. 24, Ord. the carrying of passengers through each district. The 4952, 9-18-39 Revised 1948) type used for the printing of said names and the rates of 13-1324 Cruising Prohibited. No owner, operator care shall be of sufficient size and shall be so illuminated or driver of any taxi-cab shall solicit passengers on or • CHAPTER 13. LICENSES AND BUSINESS REGULATION 143 adjacent to the streets of the City of Salina or cruise on shall be carried in the front seat with the driver which or over the streets of said city for the purpose of look- will obstruct the driver's vision. ing for or soliciting passengers or pick up any passenger If two or more persons in a taxi-cab with different on or adjacent to the streets of said city except in re- destination points, the passengers shall be delivered to sponse to a call from such passenger to the place of their destinations in the order of their entry into the cab business or the station of such taxi-cab, unless such pas- unless the passenger entitled to prior delivery consents senger shall hail such taxi-cab and specifically request its to prior delivery of other passenger. services without solicitation from the driver thereof. Every taxi-cab shall have posted in a conspicuous (Sec. 25,Ord. 4952, 9-18-39) place within the cab a card showing the-rates provided herein and license number and name of the owner and 13-1325. Maintaining Telephone on Public Streets, driver, Prohibited. No owner, operator or driver of any taxi printed or in type sufficiently large to be readable - P YPe su cab shall maintain at any place within the limits of any by passenger. Any charge made to passenger at rate other than • public street in the City of Salina any telephone for the those fixed in this ordinance or any failure to comply purpose of placing or receiving taxi-cab calls. (Sec. 27, with any provisions hereof, shall he deemed a violation Ord.4952, 9-18-39) of this article and shall subject the driver and owner of 13-1326. Taxi-cab Rates. That the rates and fares- the cab to cancellation of their.licenses at the discretion, for the transportation of passengers in taxi-cabs licensed of the Board of Commissioners. (Sec. 28, Ord. 4952, by the City of Salina for trips within the City of Salina, 1-5-42; Sec..1, Ord. 5089, 6-11-45 Revised 1948) and where the point of origin or destination, or both, of 13.1327. Extra Passengers. It shall be unlawful the trip is within the City of Salina, shall be as follows: for the driver of any taxi-cab to take on any additional • (a) For 'trips within Zone 1, which is all of the passenger when such taxi-cab is already occupied by one territory within the city limits bounded'on the north by or more passengers, without first requesting and securing • Pacific Streets, on the south by Crawford Avenue, on the the permission of the passenger or passengers first ne- west by Missouri Pacific Railroad Tracks, and on the cupying the cab, and the passenger or passengers first east by Ohio Street, (and the projections of such streets), occupying the cab shall be delivered to his or their 25c for first passenger and 15c for each additional pas- destination first by the shortest possible direct route, un- senger on and off at the same place. less the driver shall request and secure his or their per- (b) For trips where the point of origin or destina- mission to first deliver the later passenger. (Sec. 29, Lion, or both, is in Zone 2, which is all of the City of Ord.4952,9-18-39) Salina outside of Zone 1, 35c for first passenger and 15c 13-132& Seating Capacity. It shall be unlawful for for each additional passenger on and off at the same the owner, operator or driver of any taxi-cab to carry or place. to cause, permit or direct to be carried more passengers (c) For trips to and from the Union Station, 25c in any cab at any one time than the regular seating ca- for each passenger in Zone 1 and 35c for each pas- pacity provided for and not more than one passenger senger in Zone 2. shall be carried in the front seat of such cab. (Sec. 30, (d) For trips to the Air Base, 75c for first passenger Ord.4952,9-18-39) and 25c for each additional passenger. - 13-1329. Posting and Filing Schedule; Change of (e) For trips to Municipal Airport, 75c for first Rates. It shall be the duty of the owner-and operator passenger and 25c for each additional passenger. of every taxi-cab operated in the City of Salina to file (f) For hire-by-the-hour,$2.00 per hour. - with the City Clerk a schedule of rates which will be charged for carrying passengers in such cab, and to post (g) For special cab (no passenger other than those in every such cab, in a conspicuous place therein and in accompanying the hirer), SOc within the city limits. conformity with Section 13-1320 of this article, and (h) Extra charge for luggage or parcels when ac- within the vision of any passenger therein a card or sign, companied by passenger; extra charge for luggage over printed in letters sufficiently large to'be read at any time two pieces of ordinary hand luggage, for each two extra by any passenger in such cab, setting out the rate of pieces of hand luggage, same charge as for additional fare, which shall be the same as that filed,with the City passenger. For each extra large parcel (not carried in Clerk; the regulations provided for in Sections 13-1328, arms of passengers) same charge as for additional pas- 13-1329 and 13-1330 of this article, such information to senger. be printed on such card or sign in substantially the fol- No more than six passengers can be carried in any lowing form: cab in one trip at any one time. Not more than two Rate of Fare passengers shall ride in the front seat. First passenger in - - cab is entitled to first delivery unless he consents to de- livery of other passengers first,and no luggage or parcels No additional passenger can be taken into this cab un-, • • 144 ORDINANCES OF THE CITY OF SALINA, KANSAS less the driver first asks and receives consent of passenger taxi-cab equipped with a taximeter, the case of which is already occupying cab. unsettled and not having its covers and gears intact, or a First passenger in cab must be delivered first by taxi-cab without a taximeter whose registering meter has- shortest direct route unless driver asks and secures his not been examined and approved and which is not at all consent to deliver other passengers first. times in good working condition, or any taxi-cab, the use Not more than 4 passengers can be carried in this cab of which has not been duly licensed. (Sec. 36, Ord. 4952, at one time. 9-18-39) No;rate of fare for any cab shall be changed until 13-1335. Taximeters; Signals. No driver of a taxi- the owner or operator of the cab shall file in the office of the City Clerk and post in such cab a schedule showing cab equipped with a taximeter while carrying passengers such new or changed rate, and it shall be unlawful for or under employment shall display the signal affixed to the owner, operator or driver of any taxi-cab to charge such taximeter in such position to denote that he is employed. While carrying passengers the signal must be or collect from any person any fare for carriage in any in such position that the taximeter will record the dis- such cab which is different in any way from the filed Lance traveled and the fare. No charge shall be made and posted rate of fare for such cab. (Sec. 31, Ord. for the time consumed in response to a call or in return- 4952,9-18.39 Revised 1948) mg to the place from which such taxi-cab has been called, 13-1330. Hourly Rates. The owner, driver or other whether'the taxi-cab be equipped with a meter or not. person in charge or control of a taxi-cab may, upon re- (Sec. 37, Ord.4952, 9-18-39) quest of a passenger, accept employment whereby the 13-1336. Inspection Test and Seal Meters. It shall fare to be asked may be computed to an agreed amount for the trip or by an hourly rental. When a taxi-cab is be the duty of the license inspector to examine, inspect employed at an hourly rental the maximum fare to be and seal, at least every six months, all taximeters or other charged shall not exceed $3.00 per hour. This rate shall registering meters used on any taxi-cab in the City of not be effective unless employment by the hour is art Salina, provided however, that in the event complaint is ranged for in advance of the trip, and if rented on a made to said license inspector that any taximeter registers trip basis, the charge for such trip shall be agreed upon Improperly or inaccurately or at any time that he deems in advance, and it shall be unlawful to charge, collect or it necessary, it shall be the duty of said inspector to im- attempt to collect any other additional charge.- (Sec. 32, mediately examine said taximeter or other registering Ord. 4952, 9-18-39) meter, and in case it does not properly and.accurately measure the distance traveled, and register the amount of 13-1331. Taximeters; Approval; Receipts. When- fare, in the case of a taximeter, to be determined and ever any taxi-cab shall have affixed thereto a taximeter, charged therefor, then in that event, it shall be unlawful such taximeter shall be of a size and design approved by for the owner or person in charge of such taxi-cab to the license inspector of the City of Salina; shall be sec permit its use until such taxi-cab is equipped with a taxi- to conform to the rates provided for in this ordinance meter or other registering meter, approved by said Ii- and as posted and filed by the owner of such cab, and cense inspector. For every meter inspection made by the shall be in proper mechanical condition and in operation license inspector as provided for in this ordinance, there at all times, and shall at the conclusion of each trip dis- shall be paid to said inspector, a fee of fifty cents (50c) charge a printed slip showing the distance traveled and by the owner or operator of such taxi-cab, provided how- the.fare, which shall be given to the passenger paying ever, that in case the inspection is made upon complaint such fare. (Sec. 33, Ord. 4952,9-18-39) as herein provided and such taximeter or other registering 13-1332. Taximeters Incorrect. No person shall use meter is found to be correct, said inspection fee shall be or permit to be used upon any taxi-cab a taximeter or paid by the person making said complaint and not by other registering meter which shall be in such condition the owner or operator of such taxi-cab. (Sec. 38, Ord. as to be over five per cent (5%) incorrect to the 4952,9.18-39) prejudice of any passenger on which shall be operated 13-1337. Refusal to Pay Fare. It shall be unlawful from any wheel to which the power is applied, or which for any person to refuse to pay the legal fare for a taxi- has not been duly inspected and approved. (Sec. 34, cab, as prescribed in this article, after having hired the Ord.4952,9-18-39) same, and any person who shall hire any taxi-cab with 13-1333. Taximeters or Speedometers, Lighted at the intention of defrauding the person from whom the Night. After sundown the face of every taximeter or same is hired shall be guilty of a misdemeanor. (Sec. 39, other registering meter shall be illuminated by suitable Ord.4952, 9-18-39 Revised 1948) light so arranged as to throw continuous steady light 13-1338. Weddings and Funerals. The provisions thereon. (Sec. 35,Ord.4952,9-18-39) of this article shall not include any passenger vehicle for 13-1334. Meters Kept in Working Order. No per- hire while being used for service at funerals or weddings. son shall use or permit to be used or driven for hire a (Sec. 40,Ord. 4952, 9-18-39 Revised 1948) • CHAPTER 13. LICENSES AND BUSINESS-REGULATION 145 13-1339. 'Taxi-cab for Immoral Purposes, or Trans- to the agent, officer, manager or members of any cor- portation of Liquor. It shall be unlawful to drive, poration, firm, partnership, or association owning or operate-or use any taxi-cab for the purpose of prostitu- operating any such taxi-cab and any such agent, officer, tion or transporting any person or persons from any manager or member of any such corporation, firm, place within the City of Salina to any other place'within partnership or association shall be subject to any and all or without said city or from any place outside of said of the penalties provided for in this article for the viola- city to any place therein for the purpose of prostitution, tion of any of the terms thereof by any such owner or or to drive, operate or use any taxi-cab for transporting operator. (Sec. 45, Ord 4952,9-18-39 Revised 1948) liquor from any place within the City of Salina to any 13-1344. Violations; Owners and Operators. Ex- place within or without said city or from any place with- cept as otherwise specifically provided for herein, any out said city to any place therein, or for any other un- person who shalt violate any of the provisions of this lawful purpose within the City of Salina. (Sec. 41, article, or who shall operate or drive in the City of Sa- Ord.4952,9-18-39) - lina any taxi-cab without being licensed so to do as pro- Note: See 18.613. vided for by this ordinance, or after any such license has • been suspended or revoked or who shall fail to comply 13-1340. Same; License Suspended or Revoked. If with any of the requirements of this article, applicable to it shall be charged that any taxi-cab has been driven, such person shall upon conviction thereof be punished operated or used for any of the purposes mentioned in by a fine of not less than ten dollars ($10.00) and not the preceding section, the license for the operation of exceeding one hundred dollars ($100.00) and shall stand such taxi-cab and the taxi-cab driver's license of the committed to the city jail until such fine and costs of driver thereof may be immediately suspended or revoked prosecution are paid. (Sec. 46, Ord. 4952, 9-18-39 Re- by the Chief of Police, and after any such suspension or vised 1948) revocation,'any such vehicle shall not thereafter be used, operated or licensed for use within the City of Salina as ARTICLE 14. Loudspeakers a'iaxi-cab or other vehicle for hire without the express permission granted therefor by the Board of Commis- 13-1401. Advertising; Announcing; License Re- sioners and if the license has been revoked, without the quired issuance of a new license issued under the direction of 13-1402. License Tax; Amount the Board of Commissioners. •When any such license is 13-1403 Operations Prohibited,Certain Hours suspended or revoked the'City Clerk shall make a note 13-1404. Violation; Penalty thereof on his records and shall not thereafter issue a 13-1401. Advertising; Announcing; License Re- license for any such vehicle, except as provided for here- 'quireck There is hereby levied a license tax upon every in. (Sec.42,Ord. 4952,9-18-39) person, firm or corporation who shall within the City of 13-1341. Same; Driver Guilty; Penalty. The driver Salina, conduct, pursue, carry on or operate the calling, of-any taxi-cab used for any of the purposes mentioned trade or occupation of advertising or announcing, by in Section 13-1340 or any other person using or occupy- means of any loud speaker, radio or phonograph device, ing the same for any such purpose shall be deemed either in or attached to any automobile or other vehicle guilty of a misdemeanor and upon conviction thereof operated on the streets of said city or from any stationary shall be punished by a fine of not less than twenty-five location on private property by which the sound of such dollars ($25.00) nor more than two hundred fifty dol- advertisement or announcements, either in the form of tars ($250.00) or by imprisonment in the city jail for music, voice or otherwise by any of the means aforesaid, not less than ten (10) days nor more than sixty (60) is projected into any public street, for the purpose of days, or by both such fine and imprisonment. Sec. 43, calling attention to persons in such public street or else- Ord. 4952, 9.18-39 Revised 1948) where the advertisement or announcement projected from or by means of any such device. . (Sec. 1, Ord. 4948, 13-1342. Revocation of License. If any driver of 9-27-39) any taxi-cab or other vehicle for hire shall be convicted 13-1402. License Tax; Amount. The license tax for any such violation of the provisions of Section 13- 1337 of this ordinance, the license of such driver shall levied and provided for under the provisions of the pre- immediately stand revoked, and it shall be the duty of ceding Section shall be in the sum of $3.00 per day for the City Manager to notify the City Clerk of such revoca- each loudspeaker, radio or phonograph device from tion. No such person shall thereafter be permitted or which such advertisement or announcement is projected, licensed to drive a taxi-cab within the City of Salina. and it shall be unlawful for any person, firm or cor- poration to use any such device within the City of 13-1343. Terms of Article; Apply to Owner; Agent, Salina, and upon the public streets thereof' or adjacent Etc. Wherever in this article the owner Sr operator of to any such public street until such person, firm or cor- any taxi-cab is referred to, such term or terms shall apply poration shall have applied to the City Clerk of said 146 ORDINANCES OF THE CITY OF SALINA, KANSAS city for such license, and shall pay the license taxes pro- 13-1503. Penalty. Any person, copartnership or vided for herein and shall have received a license from association having a state license to retail alcohol liquor the City Clerk to conduct, pursue, carry on or operate by the package who shall fail to pay the license tax here- within the city, for the time for which such license is in levied and within the time prescribed or who shall paid, such calling, trade or occupation. (Sec. 2, Ord. violate•any other provision of this ordinance shall upon. 4948, 9-27-39 Revised 1948) conviction be fined not more than one hundred dollars for each day's violation; provided, nothing herein shall 13-1403. Operations Prohibited, Certain Hours. It be construed to prohibit the city from collecting the oc- shall be unlawful for any person, firm or corporation to cu anon tax b use or operate any such device as mentioned in Section P by any procedure authorized by law. 13-1401 of this article, within the City of Salina, at any time after the hour of 9:00 P. M. and earlier than the ARTICL6 16. Arcades hour of 8:00 A. M. in any day, and no license issued 13-1601. Arcade Defined under the provisions of this article shall be deemed to 13-1602. License Required permit the use thereof during any of the.time when such 13-1603. License Fees use is prohibited by the provisions of this section. (Sec. 13-1604. Term of License 3, Ord. 4948, 9-27-39 Revised 1948) 13-1605. Clerk to Issue 13-1404. Violation; Penal Any 13-1606. Revocation Penalty. y person, firm or 13-1607. Penalty corporation or any agent, manager, employee or officer or member thereof who shall violate or shall cause, permit 13-1601. Arcades, Defined. . An arcade is hereby or direct the violation of any of the provisions of this defined as any place of business within the City of Salina article shall be guilty of a misdemeanor and upon con- wherein twenty-five or more pin ball machines, marble viction thereof shall be punished by a fine of not less table games, rental table games, amusement devices, than $5.00, nor more than $10.00 for each offense and shuffle boards, photo-electric cell operated amusement each occasion upon which any such violation shall occur devices, miniature pool tables or any other amusement shall be deemed a separate offense. (Sec. 4, Ord. 4948, devices of any kind or type are set up or kept for opera; 9-27-39 Revised 1948) tion. • 13-1602. License Required: It shall be unlawful for ARTICLE 15. Alcoholic Liquors any person, firm or corporation to operate an arcade, as defined by Section 13-1601 of this ordinance, without 13-1501. License Tax, Retail first having and procuring a license therefor. Each days 13.1502. State Licensee, Local License operation of an arcade without such a license shall 'be 13-1503. Penalty deemed to be a separate offense. Ref: Alcoholic Liquor Regulation, Chap. 18, Art. 13-1603. License Fees. That the license fees-for an 13; Drunkenness, Sec. 18-1117; Cereal Malt Beverages, 350.00 arcade'shall be Chap, 13,Art. 5. $ per calendar year, or any part thereof plus $10.00 per machine, in addition to twenty- 13-1501. License Tax, Retail, Amount. There is five machines set up or kept for operation therein; pro- hereby levied an annual license tax on each retailer of vided that no additional license fees shall be required for alcoholic liquor (including beer containing more than any of such machines. 3.2% of alcohol by weight) for consumption off the 13-1604. Term of License. That any license issued premises. (sales in the original package only) in the sum for such an arcade shall expire on the following Decem- of Three Hundred Dollars ($300.00) in the City of ber 31st. Such license shall be non-assignable and no Salina, Kansas, who has a retailer's license issued by the such license shall be issued to a person under twenty-one state director of alcoholic beverage control, which tax (21) years of age. shall be paid before business is begun under an original state license and within ten (10) days after any renewal 13-1605. Clerk to Issue License. The licenses pro- of state license. vided for in this article shall be issued by the City Clerk, and shall be signed by the City Manager, with the cor- 13-1502. State Licensee, Local License. A holder porate seal of the City affixed thereto, shall recite the • of a license for the retail sale of alcoholic liquors by the number of the license, the name of the person,to whom . package in the City of Salina, Kansas, issued by the issued, the amount paid therefor and a general descrip- state director of alcoholic beverage control shall present tion of the machines to be operated in the arcade. such license when applying to pay the license tax levied 13-1606. Revocation. That any license issued pur- in Section 13-1501 and the tax shall be received and suant to this article shall be revoked by the City Manager receipt issued for the period covered by the state license upon conviction of any licensee, hereunder, of any of- by the City Clerk. fense against the ordinances of the City of Salina, the • • • • CHAPTER 13. LICENSES AND BUSINESS REGULATION 147 laws of the State of Kansas, excepting minor traffic of-I perform each duty provided for in this article, shall upon fenses,or laws of the United Stare of America. conviction be punished by a fine of not less than ten ($10.00) dollars and not exceeding one hundred 13-1607. Penalty. Any person who shall violate ($100.00) dollars and shall be committed to the city any provision of this article, or any person who fails to jail until such fine and costs of prosecution are paid. • • • • • • • • • • • CHAPTER 14. NUISANCES 149 CHAPTER 14. NUISANCES 14-104. Violation; Penalty. That every person, co- Article 1. Radio Interference partnership, association, firm or corporation violating or who shall cause, permit or direct the violation of any of Article 2. Smoke the provisions of this article, or who shall.permit to be Article 3. Snow and Ice on Sidewalks kept or operated on any premises in said City, under the Article 4. Trespassing Nuisances control of, or in the possession of, any such person, co- Article 5. Weeds partnership, association, firm or corporation any ma- chine, device, apparatus or instrument, the operation of which is in violation of any of the provisions of this ARTICLE 1. Radio Interference article shall, upon conviction, be punished by a fine of 14-101. Radio Interference Prohibited not more than Twenty-five ($25.00) dollars. Each day 14-102. Building Inspector; Police; ,Right of In- during which such violation continues shall constitute a spection p separate offense. (Sec. 4, Ord, 4605, 1-13-36, Revised, 14-103. Exemptions 1948)• 14-404. Violation; Penalty • ARTICLE 2. Smoke 14.101. Radio Interference Prohibited. That it 14201. Smoke Ordinance; Application shall be unlawful for any person, firm, co-partnership, 14-202. Dense Smoke; Public Nuisance; Penalty; association, or corporation knowingly or wantonly to Defenses operate or cause to be operated, any wire or wires for 14-203. Same; Furnaces; Specification Submitted to carrying electric energy, or any machine, device, ap- Building Inspector paratus, or instrument of any kind whatsoever within 14-204. Boiler Plants; Requirements the corporate limits of the City of Salina, Kansas, the 14-205. Inspections; Fees operation of which shall cause reasonably preventable 14.206. Inspection of Premises; Interference. Pen- electrical interference with radio reception, within said ally municipal limits; Provided, however, that x-ray pictures, 14-207. Police Force to Report Violations examinations, or treatments may be made at any time if 14-208. Violations; Penalty the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably prevent- 14-201. Smoke Ordinance; Application. This ar- able interference with radio reception and are not tide shall apply to all buildings now located within the negligently operated. (Sec. 1,Ord.4605, 1.13.36) fire limits, and to all buildings hereafter erected within the fire limits as now or hereafter established, and to all 14-102. Building Inspector; Police; Right of In- buildings hereafter erected outside of the fire limits as spection. The building inspector of the City of Salina now or hereafter established except private residences or any police officer of said city or any person designated designated for occupancy by not more than two families. by the City Manager of such city for such purpose, shall (Sec. 1,Ord. 3524,4-28-28, Revised, 1948) have the right to any reasonable hour to enter any place of business or other premises in the City of Salina for 14-202. Dense Smoke; Public Nuisance; Penalty; Defenses. The emission or discharge into the open air of the purpose of inspecting or locating or attempting to locate any wires, machine, device, apparatus or instru- dense smoke within the corporate limits of the City of ment of any kind whatsoever, which is or may be kept Salina from any locomotive, steam roller, steam derrick, or operated on any such premises in violation of the n steam pile driver, tar kettle or similar machines or con- [ °antes, or from any building or premises excepting for provisions.of this ordinance, and any person who shall prevent or attempt to prevent such building inspector an aggregate of six minutes in one hour, and then only or police officer or any person designated by the City while the fires are being cleaned, is hereby declared to Manager of such city for such purpose, from entering be a public nuisance, which may be abated in the man- any premises in the City of Salina for such purpose shall rtes as other public nuisances. Any person, firm or cor- be deemed guilty of a violation of this article. (Sec. 2, poration owning or causing to be operated any locomo- Ord.4605, 1-13-36, Revised 1948) tive, steam roller, steam derrick, steam pile driver, tar • kettle or similar machines or contrivances, and the own- 14-103. Exemptions. That this article shall not be ers, lessees, occupants, managers or agents of any build- held or construed to embrace or cover the regulation of ing or premises from which dense smoke is emitted or any transmitting, broadcasting or receiving instrument, discharged within the corporate limits of the City of apparatus, or device used or useful in interstate commerce Salina except as hereinbefore provided, shall be deemed or the operation of which instrument, apparatus, or de- guilty of a violation of this section and upon conviction vice is licensed or authorized by or under the provisions thereof shall be fined not less than twenty-five dollars or of any act of the Congress of the United States. (Sec. more than one hundred dollars, and each day during 3, Ord. 4605, 1-13-36, Revised, 1948) I which such smoke shall be emitted or discharged shall 150 ORDINANCES OF THE CITY OF SALINA, KANSAS -constitute a separate offense; provided, however, that in is granted. The provisions of the ordinances with re- any suit or proceeding under this section it shall be a spect to certificates for boiler.inspections shall apply to good defense if the person charged with the violation the above mentioned receipts. The issuance and de- thereof shall show to the satisfaction of the jury or court livery by the Inspector of any permit'or certificate shall trying the facts, that there is no known practicable device, not be held to exempt any person or corporation to appliance, means or method by appliance to the building, whom any such permit has been issued or delivered, or establishment, premises, locomotive, steam roller, steam who is in possession of any such permit; from prosecution pile driver, tar kettle or similar machines or contrivances, on account of the emission or issuance of dense smoke, the emission or discharge into the open air of the dense caused or permitted by any such person or corporation. smoke complained of in that proceeding could have been (Sec. 5, Ord. 3524,4.28-28) prevented. (Sec. 2, Ord. 3524,4.28.28) 14-206. Inspection of Premises;. Interference; Pen- alty. The Building Inspector and his deputies are-here- 14-203. Same; Furnaces; Specifications Submitted by authorized, in the performance of their duties, to to Building Inspector. Every furnace must be so con- enter at all reasonable hours upon and into any build- structed as to effectively prevent the emission of dense ings, establishments, premises and enclosures in or from smoke or must have attachments which will effectively ac- which they may believe that the provisions of the ordi- complish such results. Complete plans and specifications nonce of the City of Salina or of any act of the Legisla- for the erection of new furnaces, breeching and stacks for ture of the State of Kansas, relating to smoke abate- producing light, heat or power, for the reconstruction or meta have been or are beirig violated, and to inspect of alteration of old furnaces, breeching and stacks for such examine such buildings establishments, premises or en- purposes must be submitted in duplicate and approved closures in order to ascertain whether or not there is by the Building Inspector, before the work or erection, any known practicable device, appliance, means or me- reconstruction or alteration is begun. When said In- thod by which the emission or discharge of dense smoke • spector has issued a permit as above provided he shall therefrom could have been or could be prevented. Any keep on file in his office an approved copy of said plans person who shall interfere with the Inspector or any of and specifications, and shall see that such construction, his 'deputies or employees, in the discharge of their reconstruction or alteration is carried out according to duties, or shall hinder or prevent him or any of his the approved plans and specifications. (Sec. 3, Ord. deputies or employees from entering into or upon, or 3524,4-28-28) from inspecting any building, establishments, premises or • enclosures in the discharge of their duties shall be deemed 14-204. Boiler Plants; Requirements. It shall be guilty of a misdemeanor and upon 'conviction thereof unlawful for any person to use any new or reconstructed shall be subject to a fine of not less than twenty-five dol boiler plant for the production and generation of light, lays nor more than one hundred dollars for each offense. heat or power until the Building Inspector shall have (Sec. 6, Ord. 3524,4-28.28) issued a certificate to the owner or user showing that 14-207. Police .Force to Report Violations. It is the construction or reconstruction is in compliance with hereby made the duty of all patrolmen and officers of the provisions of this article. All owners or users of the police force of the City to assist said Building In- boiler plants for producing light, heat or power before spector and his deputies in the performance of their making any alteration, change or, addition to any fur- duties and to report to the Chief of Police all'violations nace, device or chimney, shall first submit to said In- of the ordinances directed against the emission of dense spector plans and.specifications covering the work con- smoke coming to their knowledge. It shall be the duty of templated and secure a permit from him, provided, how; said Chief of Police to report violations to said Inspector ever, that minor necessary repairs which do not make as soon as practicable after such reports are received by any substantial change affecting smoke emission, may be him. (Sec. 7,Ord. 3524, 4-28-28) made by or under the direction of the engineer in charge , of said plant without a permit. (Sec. 4, Ord. 3524, 14-208. Violation; Penalty. Any violation of the 4-28-48) provisions of this article for which a penalty is not pro- provided shall be deemed a misdemeanor and the person, firm or corporation guilty thereof shall upon conviction. 14-205. Inspections; Fees. The Building Inspector shall collect the following fees and issue receipts there- be subject to a fine of not less than twenty-five dollars for; For inspection of plans for the construction or re- nor more than one hundred dollar for each offense. construction of boiler plants, or for inspection of plans ( ' 8,Ord. 3524,4-28-28,Revised, 1948) . for repairs or alterations, one dollar; for examination of ARTICLE 3. Snow and Ice on Sidewalks plant after its construction, reconstruction or alteration, 14-301. Snow and Ice to be Removed and before its operation, two dollars. The fees paid for 14-302. Penalty the inspection or examination shall include the issuance 14-303. Snow and Ice on Sidewalks Declared Nuis- of a permit or certificate in case such permit or certificate ance; Removal; Assessment • • • CHAPTER 14. NUISANCES t51 Ref:, G.S. 13-426;.13.440 section of this ordinance, upon conviction thereof shall '14-301. Snow and Ice to be Removed. That it is be fined a sum not less than twenty-five dollars ($25), or hereby made the duty of the owner, occupant or person not more than one hundred dollars ($100)'. (Revised,. in charge of any lot or piece of land abutting on any 1948) • sidewalk to remove all snow and ice fallen or accumulated ARTICLE 5. Weeds and Other Obnoxious Growths upon the sidewalk within twelve hours after such snow has fallen or ice has accumulated. 14-501. Weeds etc; To Be Cut or Destroyed 14-502. Weeds; Public Nuisance; City May Cut 14-302- Penalty. It shall be unlawful for any own- 14-503. Interference with City Cutting Unlawful er, occupant or person in charge of any lot, tract or 14.504. Accounts of Costs of Cutting; Assessment piece•of land abutting on any sidewalk to fail to remove 14-505. Violations; Penalty from such sidewalk any snow or ice within twelve hours 14-506. Exception • after said snow has fallen or ice has accumulated upon Rd: G.S. 13-440 said sidewalks, and upon conviction of a violation of this section the owner, occupant or person in charge of 14-501. Weeds and Obnoxious Growths, to be Cut • the lot, tract or piece of land shall be punished by a fine or Destroyed. It shall be unlawful for any owner, oc- not to exceed twenty-five dollars. cupant or other person in charge of any lot or piece of land within the City of Salina, to permit the growth 14-303. Snow and Ice on Sidewalks Declared a thereon and in the streets and alleys in front of and Nuisance; Removal; Assessment. That all snow and ice abutting upon any such lot or piece of land of weeds, remaining upon any sidewalks abutting on any lot, tract, rank grass or other obnoxious growths of vegetation and or piece of land twelve hours after said snow has fallen it shall be the duty of every owner, occupant or person or ice has accumulated are hereby declared to be a nuis- in charge of any such lot or piece of land within the ante. The City Manager is hereby authorized and em- City of Salina to cut and destroy all weeds, rank grass powered to cause the removal of such snow and ice and or other obnoxious growths of vegetation thereon and in to keep a true account of the cost of such removal and the streets and alleys in front of and abutting upon any to report said cost as to each lot, tract or piece of land such lot or piece of land. (Sec. 1, Ord. 3875, 4-28-30, to the Board of Commissioners, and the Board of Com• Revised, 1948) missioners shall pass an ordinance assessing the cost of such removal to the abutting lot, tract or piece of land, 14-502. Weeds, etc; Public Nuisance; City May Cut and such assessment shall be certified by the City Clerk or Destroy. The existence of weeds, rank grass or other to the county clerk to be collected and paid over to the obnoxious growths of vegetation on any lot or piece of city in the same manner as other special assessments or land and in the streets and alleys in front of and abutting taxes are collected and paid over to the city. upon any such lot or piece of land within the City of Salina is hereby declared to be a public nuisance and in • ARTICLE 4. Trespassing Nuisances the event of the failure of the owner, occupant or person in charge of any such lot or piece of land to cut and 14-401. Nuisance destroy such weeds, rank grass or other obnoxious 14.402. Duty of Police growths of vegetation thereon, and in the streets and 14-403. Penalty alleys in front of and abutting upon any such lot or 14-401. Nuisance. The practice of going in and piece of land, it shall be the duty of the Superintendent upon private premises in the City of Salina, Kansas, of Streets to proceed to cut and destroy all such weeds, by solicitors, peddlers, hawkers, itinerant merchants and rank grass or other obnoxious growths of vegetation transient vendors of merchandise, not having been re- found by him on any lot or piece of ground in the City quested or invited so to do by the owner or owners, oc- of Salina. (Sec. 2, Ord. 3875,4-28-30, Revised, 1948) cupant or occupants of said private residences, for the 14-503. Interference with City Cutting Unlawful. purpose of soliciting orders for the sale of goods, wares It shall be unlawful for any person, owner or occupant and merchandise, and/or for the purpose of disposing or person in charge of any lot or piece of land in the of and/or peddling or hawking the same, is hereby de- City of Salina, to interfere with or to attempt to pre- dared to be a nuisance, and punishable as such nuisance vent the Superintendent of Streets or any person em- as a misdemeanor. (Revised, 1948) ployed or designated by him to cut and destroy any such • 14-402. Duty of Police. The Chief of Police and weeds, rank grass or other obnoxious growths of vegeta- police force are hereby required and directed to sup- don from entering upon any such lot or piece of ground press the same, and to abate any such nuisance as is de- or from proceeding with such cutting and destruction. • scribed in the preceding section. (Revised, 1948) (Sec. 3, Ord. 3875,4-28-30, Revised, 1948) 14.403. Penalty. Any person convicted of perpetrat- 14-504. Accounts of Costs of Cutting; Assessment. .ing a nuisance as described and prohibited in the first The Superintendent of Streets shall keep an account of • • • 152 • ORDINANCES OF THE CITY OF SALINA, KANSAS the cost of cutting and destroying the weeds, rank grass any other provision contained in this article, and the as- or other obnoxious growth of vegetation on each such lot sessment of the cost of cutting and destroying any or piece of ground and in the streets and alleys in front weeds, rank grass or other obnoxious growths of vegeta- of an abutting upon any such lot or piece of land in the tion against any lot or piece of land shall not be deemed City of Salina, and shall report the same to the City to and shall not prevent the assessment of the penalty Clerk and such cost shall be by ordinance assessed against provided for in this section against any person found each such lot or piece of land and such special assess- guilty of violating the provisions of this article. Sec. 5, ments shall be by the City Clerk certified to the County Ord. 3875,4-28-30, Revised (1948) Clerk of Saline County, Kansas, to be collected in like 14-506. Exception. Nothing in this article shall manner as other taxes and special assessments are col apply to field bindweed (Convolvulus Arvensis), Russian leered according to law. (Sec. 4, Ord. '3875, 4-28-30, knapweed (Centaurea picris) or hoary cress (Legidium Revised, 1948) drabs) and it shall not apply to Johnson grass (Sor- 14.505. Violations; Penalty. Any person who shall ghum halepense) and declared to be a noxious weed by violate any of the provisions of•this article shall be deem- the Board of County Commissioners, the eradication of ed guilty of a misdemeanor and upon conviction thereof, which is provided for in Article 13, Chapter 2 of the shall be fined not less than $5.00 nor more than $25.00 1947 Supplement of the General Statutes of 1935. (Re-• for each offense. This provision shall be in addition to vised, 1948) • • • • • • • CHAPTER 15. OIL,AND GAS WELLS 153 CHAPTER 15. OIL AND GAS WELLS I cools, and machinery of every kind and character shall • Article 1. Oil and Gas Wells be removed therefrom within sixty days and the premises ARTICLE 1. Oil and Gas Wells fully restored to their original condition as nearly as practicable, (Sec. 2, Ord. 5128, 12-10-45) 15-101. Permit to Drill Oil or Gas Well Required 15-102. Application for Permit 15-103. Bond or Deposit. That a good and sufficient 15-103. Bond or Deposit surety bond, signed by applicant and by a corporate 15-104. Filing Fee; Granting of Permit surety authorized to do business in the State of Kansas, 15-105. Refusing Permit or a cash deposit, in such amount as deemed sufficient 15-106. Pipe Lines; Slush Ponds; Fence by the Board of Commissioners of the City of Salina, but 15-107. Removing Equipment in no event less than Twenty-five Hundred ($2500.00) 15-108. Applicant Must Have Right to Drill Dollars, shall be tendered to said Board and approved 15-109. Landowner's Rights by the City Clerk prior to the issuance of a permit pur- 15-1 10. Term of Permit suant to the terms of this article, conditioned upon faith- . 15-Ill. Penalty ful compliance with the terms and conditions of this 15-112. Saving Clause article, and further conditioned upon saving and hold- 15-101. Permit to Drill Oil or Gas Well Required ing the city free and harmless from any damage result- No person, persons, partnership or corporation shall ing to said city as a result of drilling, pumping, repairing commence the drilling of a well for oil or gas within the or other operations by permittee, the laying of pipe lines, the setting of tanks or as result of moving of machinery city limits of the City of Salina, without first having pro- and equipment over any street of the City of Salina; pro- cured from the City of Salina, a permit therefor to be vided, however, that the permittee or his or its assign issued by authority the Board of Commissioners of shall pay the annual premium due upon said surety bond said city in accordance with the terms and conditions of within ten days following expiration of each annum and this article. (Sec. 1, Ord' 5128, 12-]0-45) file a receipt therefor in the office of the City Clerk of 15-102. Application for Permit. Before any permit the City of Saline; and provided further, that each per- shall be granted for the commencement of a well for the mittee shall carry and maintain public liability insurance production of oil or gas, an application therefor shall be on each well or group of wells indemnifying payment of filed with the City Clerk of Salina; such application shall not less than Twenty Thousand ($20,000.00) Dollars show: property damage for any one accident and file good and (1) That the applicant has good and valid oil'and sufficient proof thereof and payment of renewal pre- gas leases from property owners covering at least a ten miums thereon with the City Clerk of said City; and pro- acre tract. vided further, that upon default by permittee in (2) Evidence of agreement in writing between the complying with any provisions of this article, the lessee or lessees, and the lessors, if more than one, pro- said Board may revoke any such permit, after five viding for a pooling of all royalties arising from said days' no production on said tract,to be distributed to the property notice to permittee by registered mail and there- upon permittee shall cease and desist from all opera- owners in accordance with the number of acres of each lions under the pursuant to any such permit; and owner in the said tract. provided further that any person or persons that (3) Such application shall be accompanied by a have heretofore obtained permits under Ordinance plat or map of such tract showing the proposed location No. 5128 may apply to the City Clerk of said City for of said well, which location shall in no instance be closer authority to substitute Twenty-five Hundred ($2500.00) than 300 feet of any boundary line of said tract unless by Dollars surety bond or bonds in lieu of the bond or bonds the unanimous vote of the commissioners but not upon heretofore required and that upon satisfying the City any street or alley; such map shall show the location of Clerk that the liability insurance herein required has each residence upon said tract and all improvements. been obtained then the City Clerk is authorized to permit (4) A drilling agreement providing adequate pro- the substitution. (Sec. 3, Ord. 5128, as amended by section to the parties in interest, by enclosing the drilling Sec. 1,Ord. 5205, 1-20.47 Revised 1948) rig on all sides, equipping the same with adequate fire ex- tinguishers,which are to be kept in good order; including 15-104. Filing Fees; Granting of Permit. The ap- a reasonable and adequate plan for the handling of the placation, as herein above provided, shall be filed with slush,( basis sediment, and salt water that may be pro- the City Clerk and a fee therefor of twenty-five dollars duced in the drilling of said well; and facilities for shall be required. Upon the filing of said application, handling production to the end that it may not be neces- the same shall be considered by the Board of Commission- sary to store oil on said area in excess of 500 barrels per ers of the City of Salina, and if said Board of Commis- well; such agreement or agreements shall make further sinners shall deem such application adequate and the drill- provision that in the event the well is a dry hole, or non- ing of said well not injurious to public or private pro- productive of either oil or gas, all materials, equipment, perty, the same shall be granted. If a permit is denied, 154 ORDINANCES OF THE CITY OF SALINA, KANSAS the said filing fee of twenty-five dollars shall be refund- 15-108. Applicant Must Have Right to Drill. No ed to the applicant. (Sec. 4,Ord. 5128, 12-10-45) permit shall be granted or issued for the drilling of a 15-105. Refusing Permit. The Board of Commis- well except upon ground held by the applicant under sinners shall have the power and reserves the authority oil and gas mining lease, or grant, or drilling contract to refuse any application for from the owner giving the owner's permission to drill the y pp permit where by reason of the proposed application for the proposed well, and well; and when a permit shall have been issued, the same character and value of the permanent improvements al- shall terminate and become inoperative without any ac- ready erected on the tract applied for, or adjacent thereto, tion on the part of the Board of Commissioners of the and the uses to which the land and surroundings are City, unless within 60 days from the date of issue of such adapted for civic purposes or for sanitary reasons, the permit actual drilling of the well shall have been com- drilling of a gas or oil well, will be a serious disadvant- menced, and after the drilling of a well shall have cour- age to the city and to its inhabitants as a whole, provided, menced, the cessation for a like period of the drilling however, that when a permit shall be refused, for any operations shall"cancel the permit, and the well shall be of these reasons, but not otherwise, the deposit or cash considered as abandoned for all purposes of this article paid with the application shall be returned to the ap- and it shall be unlawful thereafter to continue drilling plicant. Except as hereinbefore provided, if any ap- of such well without the issuance of another permit. placation be found by the governing body to comply in (Sec. 8,Ord. 5128, 12-10-45 Revised 1948) all respects with the article, the City Clerk shall be auth- 15-109. Landowner's Rights. That neither this ar- orized to issue a permit for the drilling of the well pro- tide, nor any permit issued hereunder, shall be interpret. vided for, and the permit shall specify the particular lo- ed to grant any right or license to the permittee to enter cation of the well to be drilled, and it shall be unlawful upon or occupy in any respect in the drilling or pro- for the permittee to drill elsewhere in the tract. Sec. 5, duction operations, any land except by the written con- Ord. 5128, 12-10-45 Revised 1948) sent of the owner; nor shall it-limit or prevent the free 15-106. Pipe Lines; Slush Ponds; Fence. That in right of any landowner to contract for the amount of operating under any permit issued under this article or royalty to be paid with respect to his own land. (Sec. 9, any amendment thereto, all oil, gas and water produced Ord, 5128, 12-10-45 Revised 1948) or arising from the operations, shall be piped or other- 15-110. Term of Permit. That no permit which wise conveyed or removed from the limits of the city ex- shall be isued under this article or under any amendment cept the ordinary use of a slush pond and the temporary hereto, or any rights, privileges or franchise granted storage of not to exceed 500 barrels of oil for each well; hereby or hereunder, shall exist longer than for a period and.all excavations and slush ponds shall be completely of ten years from the date of the issuance of the permit enclosed with six foot woven wire fence. That the laying or as long thereafter as oil and/or gas is produced from of any pipe lines by any permittee shall be done under the tract. (Sec. 10, Ord. 5128, 12-10-45 Revised 1948) the supervision of the City Engineer of the City of Sa- lina, Kansas. (Sec. 6, Ord. 5128, 12-10-45 Revised 15-111. Penalty. That any violation of any of the 1948) terms of this article whether herein denominated as un- lawful or not, shall be deemed a misdemeanor, and any 15-107. Removing Equipment. It shall be the duty person or corporation convicted of any such violation of every person, firm or corporation, to whom a permit shall be fined in a sum not exceeding 500 dollars, and may be issued, as provided in this article after the well any person to convicted shall be committed to jail until has been drilled in the event the same is a dry hole or such fine and costs are paid. Each day of the continuance abandoned, to remove the derrick, drilling tools, equip- of any such violation shall be considered a separate of- ment and machinery from the location of the well and fense and any person, agent or employee engaged in any to restore the premises to their original condition, as such violation shall on conviction be so punished there- nearly as it is practical so to do and to see that the well for. (Sec. 11,Ord. 5128, 12.10-45 Revised 1948) is properly plugged. In the event oil or gas is produced from such well, then it shall be the duty of the holder of 15-112. Saving Clause. If any section of this ar- title shall be held invalid for any reason it shall not the permit upon the completion of the drilling of the well to remove all machinery, equipment and material affect the validity of any other section of the article, or of the remainder of the article as a whole, and it shall not necesary to be retained for use in the production of be conclusively presumed, in such event, that the Board the oil or gas from such well, and insofar as can be done, consistent with the production from such well to of Commissioners of said city would have passed such restore the premises to their original condition as nearly article notwithstanding the invalidity of such section or as practical. All of which, either in the event of a dry sections. (Sec. 12,Ord. 5128, 12-10-45 Revised 1948) hole or a producing well, shall be done within sixty days Note: See G. S. 13-434; 124 K. 713; 24 F. (2d) 541; after the completion of the drilling of the well. (Sec. 7, 32 F. (2d) 134; 280 U. S. 573; 134 K. 59; 136 K. 254; Ord. 5128, 12-10.45) 141 K. 97; 141 K. 783. • • • • CHAPTER 16. PARKS 155 CHAPTER 16. PARKS 16-103. Same: Violation. Any person who shall conduct himself or herself in a disorderly or indecent Article 1. Parks ./ manner in or about any municipal swimming pool shall be deemed guilty of a misdemeanor and shall be punish. ARTICLE 1. Parks ed as hereinafter provided for and shall be removed from . 16-101. Municipal Swimming Pool; Persons Pro- said pool, or from the park, on order of the manager of hibited said pool, and may, in the discretion of such manager, be 16.102. Same; Duty of Officers thereafter refused admission to said pool. (Sec. 4, Ord. • 16-103. Same; Violation 3247, 5.22-26 Revised 1948) 16-104. Rules and Regulations • 16-104'. Rules and Regulations. The park superin- 16-105. Violation; Penalty tendent shall prepare a set of rules and regulations Ref: Traffic speed in Sec. 24-701; Appendix; governing the use of the parks, swimming pools and the Swimming Pool Regulations of the State Board of dressing rooms, and the conduct of persons therein, and Health. shall change or amend such rules or regulations from • time to time as the need therefor may arise, any such 16-101. Municipal Swimming Pool; Persons Pro- amendment or changes shall be submitted to the Board hibited. It shall be unlawful for any persons having any of Commissioners for their approval: After such ap- skin disease, open sores, or cuts, or any communicable proval, such rules shall be printed and posted in con- disease to enter any municipal swimming pool located in spicuous places in the dressing rooms, toilets and other any Park in the City of• Salina. (Sec. 1, Ord. 3247, places in and about said parks and pools, and after such 5-22-26, Revised 1948) posting, any violation of such rules shall be considered 16.102. Same: Duty of Officers. It shall be the a violation of the provisions of this article, and any per- duty of the manager of any municipal swimming pool son violating the same shall be refused admission to or or of any life guard or other employee thereof, or any removed from the pool, as the case may.require. (Sec. police officer, to prohibit the admission of any person 5, Ord. 3247, 5-22-26 Revised 1948) described in Section 16-101 of this article or whose ap- 16-105. Violation: Penalty. Any person violating pearances indicates the existence of any disease men- any of the provisions o• this article or any of the rules tioned in said Section, from entering the swimming pool, posted by the superintendent in accordance with the and to remove from the swimming pool any such person provisions of this article shall be deemed guilty of a who may have entered the same without the knowledge misdemeanor and shall be fined in any sum not exceeding or over the objection of said manager, employee or of- $50.00 for each offense. (Sec. 6, Ord. 3247, 5-22-26 ficer. (Sec. 2,Ord. 3247, 5-22-26 Revised 1948) Revised 1948) • • • • • CHAPTER 17. POLICE DEPARTMENT 157 CHAPTER 17. POLICE DEPARTMENT assigned to them by the Chief of Police. (Sec. 3, Ord. Article 1. Police Department 3323, 1-3-27,Revised 1948) 17-103. Regulations. The Chief of Police shall ARTICLE 1. Police Department from time to time make and post in the police head- quarters such rules and regulations relating to the con- 17-101. Police Dept.; Personnel duct of the Police Department and of the police officers 17-102. Duties as he may deem necessary. The Chief of Police may also 17-103. Regulations issue, amend and revise duty manuals for the department 17-104. Hours of Duty and,such manuals shall be obeyed by all members of the department. All police officers while on duty shall wear Ref: G. S. 1935, Chap. 13, Art. 6; G. S. 21-2501; the regulation police badge, cap, and insignia, all to be Police Court Chap. 8, Art. 2; Administration, Chap I, furnished by the city, and a uniform to be furnished by Arc. 3; Salaries, Chap. 1, Art. 6; Police retirement or the officer which shall be approved by the Chief, ekcept • pension system, Chap. 13, Art. 14a Supp. 1947; Working that in the discretion of the Chief any officer may at any Prisoners, Sec. 8-202; Confining Prisoners, Sec. 8-203; time be ordered on duty in plain clothes. Any officer Feeding Prisoners,Sec. 8-204; Duties at Fires,Sec. 9-109. shall have authority and shall be required at any time, whether on or off regular duty to perform the dunes 17.101. Police Dept.; Personnel. That there shall required of him by law or ordinance, or the orders of be in the Police Department a Chief of Police; assistant the Chief of Police. (Sec. 4, Ord. 3323, 1-3-27 Revised chiefs of police, who shall be designated as and.have the 1948) rank of Captains of Police; desk sergeants; and such oth- er policemen, including patrolmen, plain clothes men, 17-104. Hours of Duty. The Chief of Police shall traffic officers, motorcycle officers and other special of- apportion the officers in his department into three shifts firers, as the City Manager may from time to time ap- of eight hours each, so that each officer shall be on point. (Sec. 1, Ord. 3323, 1-3-27, Revised 1948) regular duty eight hours each day and shall make such rules and regulations relating to the hours of duty and 17-102. Duties. The Chief of Police shall perform the change of shifts as may be reasonable and necessary, the duties and exercise the powers as are prescribed or and each shift shall be in charge of either the Chief of authorized by law or ordinance, and as may be assigned Police or one of the captains to be designated by the by the City Manager. The Chief of Police may at any Chief, and the captain so designated shall be acting time suspend any officer, without pay, for any cause Chief of Police in the absence of the Chief of Police; which he may deem sufficient, and relieve him of his provided, however, wherever he deems it necessary the badge and other insignia, pending dismissal or reinstate- Chief of Police may order any police officer to remain ment by the City Manager. All other police officers shall on duty or to report for duty at any time, in addition to perform the duties and exercise the powers as are pre- the eight hours herein'provided for. (Sec. 5, Ord. 3323, scribed or authorized by law or ordinance or as may be 1-3-27) • • • CHAPTER 18. PUBLIC OFFENSES 159 CHAPTER 18. PUBLIC OFFENSES 18-105. Jurisdiction and Punishment. The police court of the City of Salina shall have exclusive original Article 1. General Provisions jurisdiction to hear and determine all offenses against the Article 2. Acts Declared Unlawful ordinances of this city,and the punishment therefor shall Article 3. Offenses Against Persons be by fine or imprisonment, or both, as provided by ordi- Article 4. Offenses Against Property nance, and it shall be a part of the judgment that the Article 5. Offenses Affecting the Administration of person convicted shall be imprisoned until -the fine Justice (if any) and the costs are paid and satisfied. (G. S. Article 6. Offenses Against Public Morals and 13-602; 13-424; 13-610; In re Hurston, 112 Kan. 238) Decency Nothing herein shall be considered as preventing the re- Article 7. Offenses Against Peace and Order mitring of fines or forfeitures, the granting of reprieves Article 8. Offenses Relating to Obscene Advertise- or pardons or paroles as provided by statute. (Revised, ments and Publications 1948) Article 9. Offenses Relating to Animals 18-106. Proceedings When an Offender is Under Article 10. Offenses Relating to Lotteries and Slot 16 Years. When a child under the age of 16 years is Machines arrested with or without a warrant for an offense, such • Article 1 L Miscellaneous Offenses child shall instead of being taken before the police court be taken before the juvenile court of Saline County; Article 12. Narcotic Drugs provided that if a child shall have been taken before the . Article 13; Alcoholic Liquors • police court it shall be the duty of the police judge to transfer the case to such juvenile court and of the officer • ARTICLE I. General Provisions having the child in charge to take such child before such 18.101. Definition of Term "Person" juvenile court. All punishments and penalties imposed 18.102. Defenses . upon persons by this ordinance in the case of delinquent 18-103. Aiding and Abetting children under the age of 16 years shall rest in the dis- 18.104. Punishment cretion of the judge of the juvenile court and execution 18.105. Jurisdiction and Punishment of any sentence may be suspended or remitted by said 18-106. Offender Under 16 court. (Revised, 1948) (G. S. 38-411; 38-414.) 18-107. Mayor to Offer Reward 18-107. Mayor to Offer Reward. The mayor is 18-101. Definition of Term "Person". The term hereby authorized to offer a reward, not exceeding twenty- "person" as used in article I to 13 inclusive, of this five ($25.00) dollars, in any one case, for information re- chapter, shall include any firm, copartnership or corpora- salting in the arrest and conviction of any person or per- tion, and the plural as well as the singular. (Revised, sons for violation of any of the criminal ordinances of 1948) the City of Salina; that such reward be paid out of the • general fund of said city, as other claims are payable: 18-102. Defenses. The provisions of the laws of the (Sec. 1,Ord. 1890, 9-20-1915, Revised, 1948) State of Kansas relating to misdemeanors in reference to offenses and construction of terms in so far as the same ARTICLE 2. Acts Declared Unlawful relate to and are applicable shall apply to this ordinance. 18-201. Unlawful Acts. It shall be unlawful for (Revised, 1948) any person to do any of the acts or things described in 18-103. Aiding and Abetting. Every person who articles 3 to 13 both inclusive, of this chapter, and any shall wilfully assist or advise, aid or abet any other per- person so offending shall be deemed guilty of an offense son in the commission of any of the offenses named in and upon conviction shall be punished as hereinafter this ordinance shall upon conviction thereof be punished provided. (Revised, 1948) in the same manner as the principal offender. (Revised, 1948) ARTICLE 3. Offenses Against Persons • 18-104. Punishment Where no punishment is 18-301. Assault and Battery. Assault, or beat or specifically provided for the violation of any offense as wound another under such circumstances as not to con- provided by any section of articles 1 to 13 both inclusive, stitute any other offense defined in articles 4 to 11 both of this chapter, the punishment shall be a fine of not to inclusive, of this chapter. (G. S. 21.436) Sec. 2, Ord. exceed one hundred dollars ($100) or imprisonment of 635, 3-7-88, Revised, 1948) not to exceed three (3) months, or both such fine and ARTICLE 4. Offenses Against Property imprisonment, recoverable with cost of suit, together with judgment of imprisonment until the fine and costs be 18-401. Petit Larceny paid and satisfied. (Revised, 1948) (G. S. 13-324; 18-402. Entering Enclosure, Carrying Away or De- 13-610) stroying Fruit • • 160 ORDINANCES OF THE CITY OF SALINA, KANSAS 18-403. Picking Pockets • bers of the fire department of the city, the officers or 18-404. Property, Hydrants, Water Pipes, Openings, authorities of said city or to any person having lawful Injurying, Meddling with authority to open, repair, touch or control or use the 18-405. Taking and Using Property of Another same. (Sec. 25,Ord.'635, 3-7-88, Revised, 1948) Against Owner's Will 18.406. Embezzlement 18-405. Taking and Using Property of Another 18-407. Stolen Property; Receiving Against Owner's Will.' Take, carry away and use any 18-408. Conviction of Principal Not Necessary horse or other domestic animal, or any automobile or 18-409. Obtaining Property by False Pretenses other vehicle or conveyance or other personal property 18.410. Malicious Mischief of any kind, with intent to deprive the owner of the 18-411. Tree Injuring - temporary use thereof, against the owner's will but not 18-412. Posting Bills; Signs; Etc. with the intent of stealing or converting the same per- 18.413. Posters and Bills; Tearing Down manently to the person so doing's own use. (G. S. • 18-414. Taking City Property 21-544) (Revised, 1948) 18-415. Library; Stealing or Taking Books from 18-406. Embezzlement. Embezzle any money, per- . 18-416. Library; Failing to Return Books After No- sonal property or effects of another, under the value of cite twenty dollars ($20), (the same not being a felony with- 18-417. Library; Cutting or Mutilating Book, Etc. out regard to value. (Revised, 1948) 18-418. Library; Copy of Ordinance and Rules to be Posted 18-407. Stolen Property; Receiving.I Buy or in 18.419. Dumping Refuse Along Streets any way receive any goods, money or peronal property 18-420. Streets and Sidewalks; Sweeping Into or of any kind, that shall have been stolen, embezzled or ob- Upon . rained from another in any manner contrary to law, 18.421. Streets, Carcass of Animal or Offal; Dis- knowing that such goods, money or personal property eased Animals has been so obtained, stolen or embezzled; provided that 18-422. Streets; Depositing Dead Animals, Filth, if any such person shall buy or receive any goods, money Etc., In or personal property so stolen, embezzled or obtained -from a minor under the age of 16 years, such fact shall 18-401. Petit Larceny. Steal, take and carry away be.prima facie evidence of knowledge,.on the part of any money or personal property or effects of another, such person that the goods, money or personal property under the value of twenty dollars, (not being the sub- so bought or received were stolen, embezzled or obtained jet[ of grand larceny, without regard to value) and any in a manner contrary to law. (Sec. 1, Ord. 1393 4-25-16, person so doing shall be deemed guilty of petit larceny. Revised, 1948 • (G. S. 13-430; 21-535) (Sec. 42, Ord. 635, 3-7-88, Re- vised, 1948) 18-408. Conviction of Principal Not Necessary. In 18-402. Entering Enclosure, Carrying Away or De- any complaint for tiny offense specified in the preceding section, it shall not be necessary to aver, nor on the trial stroying Fruit. Maliciously or mischieviously enter the . enclosure of any person and pick, destroy or carry away to prove, that the principal who embezzled, took, secreted any apples, pears, peaches, plums, grapes or other fruit or stole such property has been convicted, (G. S. 21-550) of any tree, shrub, bush or vine. (G. S. 21-536) (Sec. (Revised, 1948) 41, Ord. 635, 3-7-88, Revised, 1948) 18-409. Obtaining Property by False Pretenses. 18-403. Picking Pockets or Taking Property from With intent to cheat or defraud another, obtain from Person. Unlawfully pick the pockets of another or un- any other person or persons any money, property or lawfully take from the person of another any personal valuable thing of the value of less than twenty dollars property with intent to steal the same. (G. S. 21-2422) ($20), (the same not being a felony without regard to (Revised, 1948) - value), by means or by use of any trick or deception, or false, fraudulent representation,or statement or pretense, 18-404. Property; Hydrants; Water Pipes; Opening, or by any other means, instrument, or device, or by Injuring and Meddling With. Open any hydrant or un- means of any check or by other written or printed or em loose the bolts, screws or fastenings thereof or put any- graved instrument or spurious coin or metal. (Revised, thing therein, or wilfully, wantonly or carelessly injure 1948) • any water pipes or wantonly or mischievously handle or (Sec,•l, Ord. 1040, 8-20-00, Revised, 1948) meddle with the same or any part thereof within the limits of the City of Salina, provided that the provisions 18-410. Malicious Mischief. Wilfully and malicious- of this section with reference to opening and unloosen. ly remove, cut, mar, displace, deface, break, dig up or ing any bolts or screws and parts of such hydrants or in- quarry, injure, damage or destroy the property of an- sertion of anything therein, shall not apply to the mem- other,either public or private. (Revised, 1948) CHAPTER 18. PUBLIC OFFENSES 161 18-411. Tree Injuring. Cut, girdle, destroy or in same'within two weeks from the date of the mailing by any manner injure any shade tree, or fruit tree, standing the librarian to such person's address of a notice to re- or growing, wholly or partly, in or on any street or alley, turn the same, in accordance with the rules of the library. • • without the consent of the abutting landowner and the (Sec. 2, Ord. 1027,4-16-1900, Revised, 1948) governing body of the city. (G. S. 21-576) (Revised, 18-417. Library; Cutting or Mutilating Books, Etc. 1948) willfully cut, mutilate, mark, tear, write upon, deface, or. 18-412. Posting Bills, Signs, Etc. Put up, attach or otherwise injure or destroy, in whole or in part, any book, post any signs, bills, dodgers, advertisements or notices pamphlet, periodical, map, document, picture or written of any kind or character, of any material whatsoever, or engraved or printed paper belonging to the Free upon any telephone, telegraph, electric light pole, or Public Library of the City of Salina, or suffer any such upon any pole erected for the purpose of carrying the injury to be inflicted while such property is in his cus- wires of any public utility, or upon any lamp post, hitch- tody, or willfully injure or deface any of the furniture or ing post, hydrant, drinking fountain, sidewalk, bridge or property in the rooms of the library. (Sec. 3, Ord. 1027, fence or building any of which may be located or situated 4-16-1900, Revised, 1948) . in any street or alley or other public ground within the 18-418. Library: Copy of Ordinance and Rules to be City of Salina; or upon any house, building, fence or Posted. A printed copy of sections 18-415; 18-416 and structure of any kind upon any private ground within 18-417 of the rules of the library, shall be kept posted in the City of Salina, except by the consent of the owner a conspicuous place in the reading room of the library. thereof. Any sign, bill dodger, advertisement or notice (Sec.4, Ord, 1027,4-16-1900, Revised, 1948) posted or maintained in violation of this section shall be 18-419. Dumping Ref use Along Streets. Throw, torn down and removed by the Chief of Police or by any place, deposit or leave, or cause to be thrown, placed, policeman at his direction. This section shall not apply deposited or left in or on any street or alley, any dirt, to notices posted by order of the board of health or the filth, sewage, sweepings, ashes, tin cans, bottles, glass or county health officer in the discharge of any official duty other refuse of any kind. '(G. S. 21-578) (Sec. 4, Ord.• nor to the posting of legal advertisements at places re- 833, 6-23-93, Revised, 1.948) • quired or designated by law or by ordinance. (Sec. 1, • Ord. 3066, 1-9-1925, Revised, 1948) 18-420. Streets and Sidewalks; Sweeping Into or Upon. Sweep, throw or deposit, in any manner, or 18-413. Posters and Bills; Tearing Down When cause the same to be done upon any sidewalk, bridge or Lawfully Posted. Tear down, deface; mutilate, obscure street, or in or upon any alley, avenue or public park, or otherwise injure any written or printed poster or hand- or ground, or into or upon any lot, or piece of ground bill or other advertisement which shall have been lawfully within the City of Salina, whether such lot shall belong posted, nailed or otherwise posted for a lawful purpose to himself or another, any shavings, paper, paper cut- within the city, (Sec, 4, Ord. 1040, 8-20-00, Revised, tings, envelopes, wrappers, wrapping paper, bills' 1948) dodgers, advertisements, or any scraps, or anything what- ' 18-414. Taking City Property. Unlawfully take soever, which can be, or is likely to be blown by the wind possession of any property, real or personal, belonging along the street or walks or from place to place. (Sec. to the city or.to the possession of which the city is en- 3, Ord. 833,6-23-1893, Revised, 1948) . titled or commit any willful trespass thereon or unlawfully 18-421. Streets; Carcass of Animal or Offal; Dis- withhold the possession thereof from the city. The un- eased Animals. Drag or cause to be dragged along any lawful withholding of the same after due demand shall street, avenue, or alley of the City of Salina between the constitute a new and separate offense and shall be pun- hours of 9 o'clock A.M. and 9 o'clock P.M. the carcass fished in like manner as herein provided for unlawfully of any dead animal, or any offensive offal; or between taking possession thereof. (Revised, 1948) said hours lead, drive or cause to be led or driven 18-415. Library; Stealing or Taking Books From. through the streets or alleys of said city any animal suf- Steal, take and carry away from the public library any fering with or having any contagious or dangerous dis- book, pamphlet, periodical, paper or other property or ease; Provided, nothing herein shall be considered as take from the Free Public Library of the City of Salina authorizing a violation of Section 47-1209 of the 1947 ‘ any such book, pamphlet, periodical, paper or other pro- Supplement to the General Statutes of 1935. (Sec. 6, perty in any manner except in accordance with the rules. Ord. 1040,8-20-00, Revised, 1948) made by the board of directors of such library. (Sec. 1, 18-422. Streets; Depositing Dead Animals, Filth, Ord. 1027, 4.16-1900, Revised, 1948) Etc., In. Place any carcass of dead animals, decayed 18-416. Library; Failing to Return Books after vegetables, filth, cast off clothing or other matter likely Notice. Take, borrow or obtain from the Free Public to create sickness, or in any way prove detrimental to the Library of the City of Salina any book, pamphlet, per- public-health, upon any street or alley. (Sec. 4, Ord. 702, iodical, paper or other property, and neglect to return the 5-13-89, Revised, 1948) • • 162 ORDINANCES OF THE CITY OF SALINA, KANSAS ARTICLE 5. Offenses Affecting the Administration case relating to any offense in violation of an ordinance of Justice of the city, to escape therefrom, whether such escape be 18-501. Compounding or Concealing Offense effected or not. (G. S. 21-729) (Revised, 1948) 18-502. Assaulting Officer in Discharge of Duty 18-508. Aiding Escape from Officer. Aid or assist 18-503. Resisting Officer any prisoner in escaping or attempting to escape from 18-504. Rescuing Prisoner the cusody of any officer, his deputy or lawful assistant . 18-505. Attempting to Rescue Prisoner who shall have the lawful charge of such prisoner. (G. 18-506. Carrying Instruments into Jail S. 21-730) (Revised, 1948) 18-507. Aiding Prisoner to Escape 18-508. Aiding Escape from Officer 18-509. Breaking Jail. Being confined in the city 18-509. Breaking Jail jail or county jail for violation of an ordinance of this 18-510. Officer Permitting Instruments to be Con- C1ty. or held in custody going to such jail, break such veyed into Jail jail or custody and escape therefrom and any imprison- 18-511. Officer Permitting Escape of Prisoner ment shall commence at the expiration of the imprison- 18-512. Officer Refusing to Execute Process men[ (if any) for which the offender was iii jail or cus- 18.513. Escape from Officer tody. (G.S. 21-732) (Revised, 1948) 18-514. Personating Officer 18-510. Officer Permitting Instruments to be Con- 18-501. Compounding or Concealing Offense. Hay- veyed into Jail. Any officer or other person having by law, the custody or charge of the city jail, or other place ing knowledge of the actual commission of any offense under the ordinances of the City of Salina, take any of confinement' knowingly suffer or permit any dis- money, property, gratuity or reward, or any promise, en- guised instrument, arms or other thing proper or useful to aid any prisoner in his escape to be conveyed into or gagement or undertaking thereof, upon any agreement or understanding, express or implied, to compound or con- remain in such jail or place. (G. S. 21-739) (Revised, ceal such offense, or to abstain from any prosecution 1948) thereof, or to withhold any evidence thereof. (G. S. 18-511. Officer Permitting Escape of Prisoner. 21-715) (Revised, 1948) Being an officer of this city, his deputy or lawful assist- 18-502: Assaulting Officer in Discharge of Duty. ant, having the lawful custody of any prisoner for any Knowingly and willfully assault, beat or wound any public cause whatsoever, voluntarily suffer or permit or connive officer, his deputy or lawful assistant, while in the dis- at the escape of such prisoner from his custody, or pen charge of an official duty. (G. S. 21-719) (Revised, mit such prisoner to go at large. (G. S. 21-740) (Re- 1948) vised, 1948) 18-503. Resisting Officer. Knowingly and willfully 18-512. Officer Refusing to Execute Process. Being resist, oppose or obstruct any public officer, his deputy an officer of the City of Salina, willfully or corruptly fail or lawful assistant, while in the discharge of his duty, or or refuse to execute any lawful process which by law it is in making any lawful arrest in this city.' (Sec. 43, Ord. his duty to execute, requiring the apprehension or con- 635, 3-7-88, Revised, 1948) finement of any person charged with an offense in viola- . tion of the ordinances of the City of Salina, whereby 18-504. Rescuing Prisoner. By force set at liberty such person shall escape. (G. S. 21-741) (Revised, or rescue any person in custody or jail for any offense 1948) in violation of the ordinances of this city, whether be- fore or after conviction. (G. S. 21-723) (Revised, 1948) 18-513. Escape from Officer. Escape by the use of force or otherwise from any officer of the City of Salina 18-505. Attempting to Rescue Prisoner. Attempt, or other person having legal charge of said person by by force, to set at liberty or rescue any prisoner in cus- virture of any ordinance or judgment of police court of tody for any offense in violation of this or any other said city. (Sec. I, Ord. 651, 5-16-88 Revised 1948) ordinance whether before or after conviction. (G. S. 21-725) (Revised, 1948) 18-514. Personating Officer. Without authority, ex- ercise or attempt to exercise the functions of or hold one- 18-506. Carrying Instruments into Jail. Convey self out to any as a marshal, policeman, or peace officer. into any jail or place of confinement any disguised (G. S. 21.1617 Revised 1948) instrument, or anything proper or useful to facilitate the • escape of any prisoner lawfully committed to or detained ARTICLE 6. Offenses Against Public Morals therein for violation of any ordinance, whether such es- and Decenci cape be effected or not. (G. S. 21-727) (Revised, 1948) 18.601. Adultery, Indecency, Lewd Co-habition, 18.507. Aiding Prisoner to Escape. By any means Scandalous Conduct whatever aid or assist any prisoner lawfully committed 18-602. Keeping Common Gaming House or Bawdy. to any jail or place of confinement in this city, in any house • CHAPTER 18. PUBLIC OFFENSES 163 18-603. Leasing or Letting House for Such Purposes ; deemed the keeper thereof. (G. S. 21-935) (Revised, 18-604. Who Deemed Keeper of Prohibited Places 1948) • 18.605. Prostitution, Fornication and Concubinage •18-605. Prostitution, Fornication and Concubinage. 18-606. House of Prostitution Knowingly persuade, induce, entice or procure, or assist 18-607. Soliciting or Procuring Male Person to En- in persuading, inducing, enticing or procuring any fe. ter House of Prostitution male person, for the purpose of prostitution, fornication 18-608. Street Walking or concubinage to enter or remain in any house of prosti- 18.609. House of Ill Fame tution, or any place where prostitution, fornication, or 18.610. Indecent Exposure of Person concubinage is practiced, permitted or allowed, or by any • 18-611. Lewd and Indecent Shows,Advertising means whatever, detain any female person, for the pur- 18.612. Pimps and Procurers pose of prostitution, fornication or concubinage in any 18-613. Taxicabs; Use or Permission for use for Im- such house or place, or persuade, induce; entice or pro. moral Purposes cure, or assist in persuading, inducing, enticing or pro- 18-614. Gambling Device curing any female person for the purpose of prostitu- 18.615. Gambling Tables, etc., Prohibited tion, fornication or concubinage, to go from one place to 18-616. "Keeper", Defined another within this city, for the purpose of prostitution, 18.617. Gambling Prohibited fornication or concubinage, provided, no conviction shall 18-618. Gaming Device or Gaming House be had on the uncorroborated testimony of the woman. 18-619. Permitting Gambling on Premises (G. S. 21-937) (Revised, 1948) 18-620. Leasing Premises for Gambling 18-606. House of Prostitution. Keep or maintain or 18-621. Common Nuisance: Destruction assist in keeping or maintaining a house or other place 18-622. Complaint, Warrant, Hearing of prostitution, fornication or concubinage, or where the 18-623. Disturbing Peace same is practiced. permitted or allowed, on premises 18-624. Obscene Writing on Walls owned or 'leased by such person or under his control. 18-601. Adultery, Indecency, Lewd Co-habitation, (G.S. 21.938) (Revised 1948) Scandalous Conduct. Every person who shall be guilty 18-607. Soliciting or Procuring Male Person to of adultery, and every man and women (one or both of Enter House of Prostitution. ,Solicit, procure, entice or whom are married, and not to each other)' who shall induce any male person to enter any house of prostitu- lewdly and lasciviously abide and cohabit with each tion or any place where prostitution, fornication or con- other, and every person married or unmarried who shall cubinage is practiced, permitted or allowed. (G. S. be guilty of open, gross lewdness, or lascivious behaviour, 21.942) (Revised, 1948) or of any open and notorious act of public indecency, grossly scandalous, upon conviction thereof,shall be fined 18-608. Street Walking. Being a Eethale person not exceeding one hundred dollars ($100), or imprisoned parade on any street, avenue, alley or other public not exceeding three (3) months, or both so fined and ground for the purpose of inducing or encouraging men imprisoned. (G. S. 21-908) (Revised, 1948) to follow her for the purpose of prostitution, or who, being a common prostitute, advertise her means of liveli- 18-602. Keeping Common Gaming or Bawdyhouse. hood upon any street, avenue, alley or other public Set up or keep a common gaming house, or bawdyhouse ground, building or place, or, being a male person, be or brothel. (G. S. 21-1933) (Revised, 1948) found in the company of any female street walker or 18-603. Leasing or Letting House for Such Pur- prostitute on any street, avenue, alley or other public poses.' Knowingly lease or let to another any house or ground or building. (Revised, 1949) other building, for the purpose of setting up or keeping 18-609. House of Ill Fame. Set up, keep or main- therein any of the gaming tables, banks or devices pro- min or aid or assist in setting up, keeping or maintain- hibited by the preceding section, or for the purpose of ing, or be an inmate of, or visitor to, for immoral or being used or kept as a gaming house, brothel or bawdy. unlawful purposes, any bawdyhouse, house of prosti- house. (G. S. 21-934) (Revised, 1948) tution, house of ill fame or assignation house, or keep, harbor or maintain or aid or assist in keeping, har- 18-604. Who Deemed Keeper of Prohibited Places. Every person appearing or acting as master or mistress, boring or maintaining any female prostitute, knowing or having the care, use or management at the time of her to be such. (Revised, 1948) any prohibited gaming table, bank or device shall be 18-610. Indecent Exposure of Person. Appear in deemed the keeper thereof; and every person who shall any public place in a state of nudity or indecently clad, appear or act as master or mistress, or having the care or or make any indecent public exposure of one's person, or management of- any house or building in which any behave in any indecent or lewd manner, or commit any gaming table, bank or device is set up or kept, or of indecent or lewd act of any kind, (Sec. 16, Ord. 635, any gaming house, brothel or bawdyhouse, shall be 3-7-88, Revised, 1948) 164 ORDINANCES OF THE CITY OF SALINA, KANSAS 18-611. Lewd and Indecent Shows, Advertising. gaming table, bank or gambling device, or upon the Exhibit, perform or take part in any immoral, indecent result of the movement of any wheel, or other device, or or lewd play or exhibition, show, performance or other the throwing of dice, or upon the result of any game of representation, or advertise any picture show, show or skill or chance, whether with dice or cards, or other performance or exhibition of any kind by putting or thing, or hazard money or property upon chance to be placing in any public place any lewd or indecent pic• determined by means of any kind of a device or bet upon ture, print, model or other thing. (Revised, 1948) any game played by any kind of a gambling device. 18-612. Pimps and Procurers Act as (G. S. 12-924) (Revised, 1948) P pimp, pro- curer or procuress for or solicit, procure, entice or induce 18-618. Gaming Device or Gaming House, Set up any person to enter any bawdyhouse, house of prosti- or keep any any table or 'gambling device commonly turion, house of ill fame or assignation house, or be in called ABC, faro bank, EO, roulette, equality, keno, any way connected with the keeping, management or wheel of fortune, or any kind of gambling table or operation of any such house, or be an inmate or lodger in gambling device, adapted, devised and designed for the any such house or solicit any person in this city for illicit purpose of playing any game of chance for money or sexual intercourse or other immoral purposes or any Property or induce, intice, or permit any person to bet sexual perversion. (Revised, 1948) or play at or upon any such gaming table or gambling device, either on the side of or against the keeper thereof, 18-613. Taxicabs: Use or Permission for Use for or keep a place or room to be used as a place for playing • Immoral Purposes. Being a person owning, operating, any game of cards for money or property, or keep a driving or maintaining any taxicab, automobile, or other common gaming house, or keep a house, room or place vehicle or conveyance, use or permit the same to be used to which persons are accustomed to resort for the purpose for the transportation, carrying or conveying, within the City of Salina, of any persons to any of gambling. (G. S. 21-915) (Revised, 1948) y place for the pur- pose of engaging in illicit or unlawful sexual inter- 18-619. Permitting Gambling on Premises. Being course, whether such sexual intercourse actually takes a person to whom any house, building, shed, booth, place within or without the limits of said city, or permit shelter, lot or other premises belongs or which is occu- or allow any persons to engage in illicit or unlawful Pied by him or of which he has at the time possession or sexual intercourse in or on such taxicab, automobile or control, permit any gambling table, bank or device pro- other vehicle or conveyance, or any part thereof. (Sec. hibited by Section 18-618 to be set up or used for the 2, Ord. 2836, 7-31-23, Revised, 1948) purpose of gambling, in any such house, building, shed, booth,shelter, lot or other•premises. (G. S. 21-916) (Re- 18-614. Gambling Device. Set up or keep any vised, 1948) table or gambling device, adapted, devised or designated for the purpose of playing any game of chance for 18-620. Leasing Premises for Gambling. Know- money or property, or induce, entice or permit any per- ingly lease or rent to another any house building, shed, booth, lot or other place or premises, or any part thereof son to bet or play at or upon any such table or gambling device, either on the side of or against the keeper there- for any of the unlawful purposes mentioned in Sections of, or keep a place or room to be used as a place for 18-618 and 18-619. (G. S. 21-917) (Revised, 1948) playing any game of chance for money of property, or 18-621. Common Nuisance: Destruction. All places keep a common'gaming-house or keep a Souse, room or used for any,of the unlawful purposes as mentioned in place to which persons are accustomed to resort for the Section 18-618, are hereby declared to be common purpose of gambling. (Revised, 1948) nuisances, and, upon the judgment of the police court 18-615. Gambling Tables, etc., Prohibited. Know- of this city, finding such place to be a nuisance under ingly permit any gambling table, bank or device, pro- this ordinance, the Chief of Police shall be directed to hibited by this article to be set or used or kept in any abate and shut up such places by taking possession of room, building, shelter, enclosure or premises belonging all devices and all other property used in keeping and to him, or occupied by him, or of which he has posses- maintaining such nuisance and such personal property sion or control. (Revised, 1948) so taken shall forthwith be publicly destroyed by such of- ficer. (G. S. 21-918) (Revised, 1948) 18-616. "Keeper" Defined. Every person appear- ing or acting as master or mistress, or having the care, 18-622.Complaint,Warrant,Hearing.Upon the filing of a complaint charging that a place is kept or maintain- use or management, for the time, of any gambling table, bank or device prohibited by this article, or of any place ed as a common nuisance as stated in the preceding section by any person or persons and that gaming tables, gamb- or room used for the purpose of gambling shall be ling devices, or such other property as is generally used deemed the keeper thereof. (Revised, 1948) and kept in maintaining a common gaming house, are 18-617. Gambling Prohibited. Bet any money or kept or maintained therein, a warrant shall issue com- property or any representative thereof at or upon any I manding the officer to whom it is directed to ariest the • CHAPTER 18. PUBLIC OFFENSES 165 person or persons in such complaint charged and de- for (Sec. 3; Ord. 635, 3-7-88, Revised, 1948) (G. S. scribed, and seize and take into his custody such gaming 21-1001) tables and gambling devices and other property described 18-702. Disorderly Conduct. Engage in any riot, in said complaint which he may find in such place, or or affray or act in a rude, boisterous, riotious or disor- upon such places, and safely keep the same subject to the derly manner or use profane or indecent language so • order of the court. The complaint shall describe the that it is audible to others on any street, avenue, alley, premises to be searched with sufficient particularity to public ground, place or building in this city. (Sec. 16, identify the same, and shall describe the gaming tables Ord. 635, 3-7-88, Revised, 1948) or other gambling devices or other property alleged to be used in maintaining the same as particularly as prat- 18.703. Inciting Riots. Incite a riot or 'by sign, ticable; but any description, however general, that will gesture, sound, words or otherwise provoke or attempt to enable the officer executing the warrant to identify the provoke any person or persons, crowds or gatherings of property to be seized and the person to be arrested shall Persons to commit any disorderly or riotious act, or acts be deemed sufficient. Upon the return of the warrant or breach of the peace, or cause the gathering of crowds the court shall proceed against the person or persons ar- of excited persons on the streets, avenues, alleys, public rested, and it shall be the duty of the police judge to fix grounds, buildings or places in this city to the alarm of the inhabitants of this city, or threatening to the peace a day for a hearing as to the personal property seized, and to cause a notice thereof to be served upon the owner and good order of this city. (Revised, 1948) of said gaming tables and gambling devices and other 18-704. Discharging Firearms. Discharge any gun, property so seized, or upon his agent or other person in revolver, pistol or other firearms within the City,of Sa- possession or control of the same, that the property has lina; provided that the provisions of this section shall been so taken, and requiring him to appear on said day not apply to the discharging of firearms in any licensed and answer the complaint made against such gaming shooting gallery or by a gunsmith in his trade, or for the tables, gambling devices, and other property, and show shooting of dogs running at large in violation of ordi- cause, if any he has, why the same should not be ad- nances, or by officers of the law in the discharge of their judged forfeited and ordered destroyed; the time and duties, or in the protection of person or property. (Sec. mode of service to conform as nearly as may be to the 5,Ord. 635, 3-7-88, Revised, 1948) • law providing for the service of summons in civil actions. (G.S, 2I-919; 21-922) (Revised, 1948) 18-705. False Fire Alarm. Knowingly and willfully give a false alarm of fire. (Revised, 1948) • 18-623. Disturbing Peace. Willfully disturb the 18-706. Unlawful Acts at Polls. Act in a violent peace and quiet of any person, family or neighborhood. or turbulent manner at or near the public polls on elec- (G. S. 21-950) (Sec. 1, Ord. 635, 3-7-88, Revised, 1948) thin day or engage in, aid or encourage the doing or 18.624. Obscene Writing on Walls. Write or in- causing to be done anything calculated to disturb the scribe upon the wall or door of any public building, or due and orderly proceedings of any election board or • upon any privy, fence, bridge or other structure, any the counting of the votes at any public election held in obscene or vulgar picture, design or words. (Revised, this city. (Revised, 1948) 1948) 18-707. Dangerous Weapons. Make any demon- stration in a hostile manner with any dangerous or dead- . ARTICLE 7. Offense Against Peace and Order ly weapon against the person or property or another; 18-701. Unlawful Assembly . provided the provisions of this stection shall not apply to 18-702. Disorderly Conduct - • officers of the law and their deputies in the performance 18-703. Inciting Riots of their duties. (Revised, 1948) 18-704. Discharging Firearms 18-708. Peeping. Trespass upon the property own- 18-705. False Fire Alarm ed or occupied by another for the purpose of looking into 18-706. Unlawful Acts at Polls or peeping into any window, door, sky-light or other • opening in a house. (Revised,'1948) 18-707. Dangerous Weapons • 18-708. Peeping ARTICLE 8. Offenses Relating to Obscene 18-701.. .Unlawful Assembly. Be one of three or Advertisements and Publications more persons to assemble together in the Ciry of Salina 18-801. Dealing in Obscene Literature with intent to do any unlawful act with force and violence 18-802. Scandalous or Indecent Newspaper or against the person or property of another, or to do any Magazine unlawful act against the peace, or being lawfully as- 18-803. Indecent or Immoral Pictures or Post Cards sembled, agree with each other to do any unlawful act 18-801. Dealing in Obscene Literature. Bring or , aforesaid, and make any movement or preparation there- cause to be brought into this city, or buy, sell or cause • 166 ORDINANCES OF THE CITY OF SALINA, KANSAS to be sold, or advertise, lend, give away, offer, show, 18-902. Cruelty by Owner or Person Having Charge exhibit, or have in one's possession with the intent to sell, of Animal. Being the owner, possessor or person having lend, give away, offer, show, exhibit, distribute or cause the charge of custody of an animal, cruelly drive or to be distributed, or design, copy, draw, photograph, work it when unfit for labor, or cruelly abandon it, or print, etch, or engrave, cut, carve, make, publish, or carry it or cause it to be carried in or upon a vehicle or otherwise prepare or assist in preparing, or receive sub- otherwise in an unnecessarily cruel or inhuman manner, scriptions for any indecent or obscene book, pamphlet, or knowingly and willfully authorize or permit\` to be paper, picture, print, drawing, figure, image, or other subjected to unnecessary torture, suffering or cruelty of engraved, printed or written matter, or any article or any kind. (G. S. 21:1202) (Revised, 1948) 1 instrument of immoral use, or any book, pamphlet, 18-903. Stables, Sheds, Pens. As owner, lessen or magazine, or paper devoted principally or wholly to the occupant, maintain any stable, shed, pen or other places publication of criminal news or pictures, or stories of where hores, cattle, goats, other animals, chickens or deeds or bloodshed or crime. (G. S. 21-1102) (Revised, other fowls are kept, closer than 50 feet to the dwelling 1948) house of another, or permit the same to remain unclean 18-802. Scandalous or Indecent Newspaper or Mag- to the annoyance of any citizens of the City of Salina; azine. Within this city edit, publish, circulate or dis- and the continuance thereof each and every five days seminate any newspaper, pamphlet, magazine or any after the first conviction shall be deemed a separate printed paper devoted largely to the publication of offense punishable as herein provided; provided, nothing scandals, lechery, assignation, intrigues between men and herein shall authorize a violation of the zoning ordi- women, and immoral conducts of persons, or have in nonce of this city. (Revised, 1948) one's possession for sale, or keep for sale, or expose for 18-904. Dog Fighting. By words, sign, or other- sale, or distribute, or in any way assist in the sale, or wise, set any dog or dogs to fight, or cause any dog to gratuitously distribute or give away any such newspaper, attack any other dog or dogs, or aid or abet or encourage pamphlet, magazine or printed paper in this city. (G. any dog fight; or, by words, signs, or otherwise set on or S. 21-1103) (Revised, 1948) encourage any dog to attack or chase any human being, not engaged in malicious or criminal acts; or being the 18-803. Indecent or Immoral Pictures or Post Cards, Manufacture, print, paint or letter any post card with owner, keeper, or harborer of any dog knowingly permit an indecent or immoral picture or any words or sentence such dog to fight without endeavoring to prevent the on such cards of a suggestive or immoral nature or same. (Revised, 1948) character, or keep for sale or for the purpose of giving Note: Dogs, Chap. 3 Art. 2 away such indecent, immoral or suggestive post cards or have the same in one's place of business for the purpose ARTICLE 10. Offenses Relating to Lotteries of selling same or giving them away. (G. S. 21-1105) and Slot Machines (Revised, 1948) 18-1001. Lotteries • 18-1002. Slot Machines, Etc.; Penalty ARTICLE 9. Offenses Relating to Animals 18-1003. Same; Destruction by Police Chief 18-901. Cruelty to Animals 18-1004. Same 18-902. Cruelty by Owner or Person Having Charge of Animal 18-1001. Lotteries. In this city make, establish, promote, or aid or assist in making, establishing, pro- 18-903. Stables,Sheds, Pens moting, or be in any manner concerned, either by 18-904. Dog Fighting writing or printing or otherwise, in making, etablishing Ref: Chap. 3,Art. 1 or promoting any lottery, gift enterprise, policy or scheme of drawing in the nature of a lottery, whether 18-901. Cruelty to Animals. Overdrive, overload, drive when overloaded, overwork, torture, torment, de- the same is being or is to be conduced, held or drawn prive of necessary sustenance,cruelly beat, mutilate or kill within the City of Salina. (G. S. 21-1501) (Revised, • an animal, or cause or procure an animal to be so 1948) overdriven, overloaded, driven when overloaded, over- 18-1002. Slot Machines; Etc.; Penalty. Any, per- worked, tortured, tormented, deprived of necessary sus- son who shall set up or keep in any place in the City of tenance, cruelly beaten, mutilated, or killed, or, having Salina, any slot machine, or other gambling device, the charge or custody of an animal, either as owner or designed or devised for the purpose of gambling or of otherwise, inflict unnecessary cruelty upon it, or un- playing any game of chance for money or property or necessarily fail to provide it with proper food, drink, which is in fact commonly used for such purpose or who shelter or protection from the weather. (Sec. 20, Ord. I shall induce or permit any person to use or manipulate 635,3-7-88, Revised, 1948) (G. S. 21-1201) such machine or device or shall keep any such machine • • CHAPTER 18. PUBLIC OFFENSES 169 pose of determining the location of grades. (Sec. 7, in receiving and shipping merchandise; and provided Ord. 1040, 8-20-00, Revised, 1948) further, that any person erecting buildings in the city • 18-1119. Trees Overhanging Streets. Being the may for the time occupied in their erection, and while it is necessary to do so, occupy a reasonable portion of the Owner of o nny tree growing on private er it the'or limbs on streets and sidewalks-in front of the same for receiving parking of the street, adjacent overhang thereto permit the limbs and delivering materials, but in no case shall he obstruct is branches of such tree m overhang any sidewalk or the gutter so as to prevent the passage of water therein, Feet closer than eight feet above such sidewalk or and when it shall be necessary in any such case for the street. (Revised, 1948) owner of the property to take up and remove the side- 18-1120. Nitroglycerin. Transport or convey walk, he shall at the time of so taking up and removing, through or alongt`;he streets of the City of Salina, any construct a temporary sidewalk not less than 3 feet wide liquid nitroslyceriiie. (G.S. 21-2450) (Revised, 1948) for the public travel and convenience; and in case of 18-1121. Drug and Medicine Samples. Distribute open basements or other excavations the owner or oc samples of drug, or medicine or nostrum of any kind by copier of the property upon which the same are situated placing or leaving the same upon any street, alley, pub- or the person m charge of the excavation shall provide lic grounds or in the yard or upon the porch of any the same with sufficient guards to protect against ac- residence. (Sec. 1,Ord. 1605,4-17-11, Revised, 1948) cidents. (Sec. 31,Ord. 635, 3-7-88, Revised, 1948) 18-1122. B. B. Guns. Discharge any air gun or 18-1126. Saltwater on Pavement. Pour, dump, gun commonly called `B. B.," shooting bullets or shot. place or throw, or to cause to be poured, thrown, placed (Sec. 1, Ord. 2019, 1-19-1917, Revised, 1948) Upon con- or dumped into or upon the sidewalk, pavement or gutter viction the punishment shall be a fine in any sum not less in any street, alley or other public highway or thorough- than $5.00 nor more than $10.00 or imprisonment in fare in the City of Salina, Kansas, or in any such place the City jail not more than ten days or both such fine that the same will run or drain into or upon any such sidewalk pavement or gutter, any salt water, salt or ice and imprisonment. and salt, or salty solution, substance or liquid, commonly 18-1123. Parents or Guardian Permitting B. B. used in freezing or packing ice cream, ices and other Guns. Penalty. Any parent or guardian knowingly similar products. Any person, firm or corporation, either permitting a minor under his care to carry, upon the acting for himself or itself or as the agent, representative, streets or alleys of the City of Salina, an air gun or employee or member, officer or manager of any such gun commonly called, "B.B.," shall be deemed guilty of person, firm or corporation who shall violate any of the a misdemeanor and upon conviction thereof in police provisions of this section, upon conviction shall be fined court shall be fined in any sum not less than $5.00 nor not less than $5.00 nor more than $25.00 for each of- more than$25.00. (Sec. 3,Ord. 2019, 1-19-1917) fence. (Sec, 1,and 2,Ord. 3124, 7-11-15, Revised, 1948) 18-1124. Hauling Dirt, Trash, or Refuse. Haul 18.1127. Oil and Grease; Unlawful to Pour in over or through any of the streets,alleys or avenues loose Sewers or River. Place, run, pour or drain into any material, dirt, manure, trash, slop or any other material sewer or cause or permit the placing, running, pouring of any kind except in a vehicle having a tight box or or draining into any sewer or into any street, alley or tank so constructed to prevent the splashing or spilling other place from which the same may run or drain into of any substance therein contained upon any street, any sewer'or into any river or creek any fuel, oil, lubri- avenue or alley, (Revised, 1948) caring oil, crank case oil, or grease or any other kind 18-1125. Sidewalks; Streets; Encroaching on or Ob- of oil or grease whatsoever. Any person, firm or cor- structing. Obstruct or encroach upon any sidewalk, Potation or any member, officer, employee or agent street, avenue, alley or other public property; provided thereof who shall violate any of the provisions of this that wherever any obstruction may be found upon any section, upon conviction thereof, shall be fined not less sidewalk, street, avenue, alley or in ocher public places than $100 nor more than$500 for each offense and for a in the city, it shall be the duty of the chief of police second or any subsequent conviction of the same offense immediately to notify the owner or occupier of the shall be punished by a fine not less than $100 nor more - premises fronting thereon or the person placing the same than $500 and by imprisonment for not less than one thereon to remove the same without delay, and upon day nor more than thirty days for each offense. (Sec. - failure so to do the Chief of Police shall have the ob- 1 and 2,Ord. 4726, 3-8-37, Revised, 1948) struction removed at the expense of the owner or oc- 18-1128. Carrying Concealed Weapons. Not being copiers of the property and such expenses, if not paid, any officer of the law, or a deputy to such officer, be shall be a valid claim in favor of the city against such found within the limits of this city carrying on his per- persons; and provided further, that persons occupying son in a concealed manner any pistol, bowie-knife, dirk, premises fronting thereon may have such temporary use sling-shot, knocks, or any other deadly weapon. (Sec. of the streets and sidewalks as shall be actually necessary I, Ord. 1312, 6-18-06, Revised, 1948) (G. S. 21-2411) 170 ORDINANCES OF THE CITY OF SAUNA, KANSAS 18-1129. Knocks. Manufacture, sell, offer to sell, I hey shall be deemed to constitute a public nuisance and expose for sale, or carry upon one's person or display m iay be abated as other public nuisances are abated, at th any weapon generally called and known as "knucks". the cost of such person, firm or corporation, and in (G. S. 21-2429) (Revised, 1948) addition to such remedy by abatement, the Electrcal 18-1130. Food, Selling Decayed or Unwholesome. Inspector shall have authority to take down and remove Sell, or offer or expose for sale, any unwholesome, de- any such wires at any time at the cost of such person saying or sale food or provisions of any kind,.or sell, firm or corporation. (Sec. 2, Ord. 3070, 3-31-25,`Ig- or offer or expose for sale any adulterated milk, butter, vssed) lard or other article of provision. (Sec. 5, Ord. 1040, 18-1136. Barbed Wire in City Prohibited. Make 8-20.1900, Revised, 1948) any enclosure with or by means of barbed wire. (Sec. 18.1131. Entering Amusement Place Without Pay- 5, Ord. 636, 3-7-88, Revised, 1948) 'u ing. Enter Memorial Hall, or any theatre or public 18-1137. Smoking and Lighting MatchePor Lighters place of, amusement in the City of Salina except the on Busses. Ignite a match, lighter, or smoke a cigaret, lobby or other portion thereof for which no admission a cigar, a pipe or any other item or thing on any bus, fee is charged at any time during which any entertain- A bus for the purpose of this section is any motor vehicle ment or performance or other attraction is being held authorized under franchise granted by the City of Salina, therein for which an admission price is charged, or at Kansas, which is propelled by motor power and which any time when any such building is not open to the is used to convey passengers, for hire, over or on the public, whether such entrance is made by force or by streets of the City of Salina, Kansas, and which vehicle trick or device, or otherwise, without paying the regular has a capacity of ten (10) or more persons. (Secs.'1 admission charge or securing other lawful authority from and 2,Ord. 5242, 8-18-47, Revised, 1948) the persons in charge thereof for such entrance. (Sec. 1,Ord. 4137, 2-23-32, Revised, (1948) ARTICLE 12. 'Narcotic Drugs ' 18-1132. Railroad Property. Climb, jump, stop, 18-1201. Opium or Coca•Leaves and Their Derive- stand upon, cling to or in any manner attach oneself to Lives; "Hospital"defined; Penalties any locomotive, engine or railroad car, either stationary 18-1202. Same; Penalty for Sale or Distribution or in motion belonging to any railroad company, except 18-1203. Same; When 18-1201 to 18.1202. Inappli. when on business with such company or interfere with cable anything belonging to said engine or car as aforesaid 18-1204. Penalty • on any railroad in the City of Salina; or interfere with 18-1201. Opium or Coca Leaves and Their Derive- any goods or buildings in the care or under the control tives; "Hospital"defined; Penalties. It shall be unlawful of such company in said city, unless by the consent of for an said railroad. (Sec. 29, Ord. 635, 3-7-38, Revised, 1948) any person to keep or have in his possession or under his control, for personal use or otherwise, any opium or 18-1133. Curb Filling Stations. Construct or cause coca leaves or any compound, salt, derivative or pre- to- be constructed, maintain or operate any gasoline paration thereof, and such possession or control shall be filling station or similar apparatus or contrivance located Presumptive evidence of a violation of this section; or upon any public sidewalk or parking adjacent thereto to permit another to have or keep or use any of said or upon or adjacent to the curb of any public street and drugs on any premises owned or controlled by him, or used for the sale and delivery of gasoline. (Sec. 2, to sell or give away or furnish any of said drugs to • Ord. 2801, 6-15-23, Revised, 1948) another, except physicians, dentists, veterinary surgeons, registered nurses, hospitals, or registered pharmacists as 18-1134. Wires in Streets Prohibited. That it shall hereinafter provided. For the purpose of this article, be unlawful for any person, firm or corporation, except the term "hospital" shall mean a hospital which has a street railway, electric light, telephone and telegraph com- staff of physicians, a majority of whom are authorized panies, or other persons who shall have or may hereafter to administer narcotics. (Sec. 1, Ord. 2916, 1-28-24, secure a franchise or license so to.do, to construct, place Revised, 1948) (G.S. 1945 Supp., 65-615) or maintain any wires in, over or across any of the public streets or alleys or other public thoroughfares or public 18-1202. Same; Penalty for Sale or Distribution. places in the City of Salina. (Sec. 1, Ord 3070, 3-31-25) It shall be unlawful for any person to sell, barter, ex- change or give away any of the aforesaid drugs, except 18-1135. Wires to Constitute a Public Nuisance. in pursuance of a written order of the person to whom Any wires so constructed, placed or maintained con- such article is sold, bartered, exchanged or given away, trary to the provisions of the preceding Section shall be on a form to be issued on a blank for that purpose by removed by the.person, firm or corporation responsible the commissioner of internal revenue. Any person who therefor at the direction of the Electrical Inspector of shall accept any such order and in pursuance thereof the City of Salina. If such wires are 'not so removed I shall sell, barter, exchange, or give away any of the CHAPTER 18. PUBLIC OFFENSES 171 aforesaid drugs, shall preserve such order for a period of ARTICLE 13. Alcoholic Liquors two years in such a way as to be readily accessible to in- 18-1301, Definitions spection by the city officials charged with the enforce- 18-1302. Manufacture ment of this ordinance. Every person who shall give an order as herein provided to any other person for any of 18-1303. Sale the aforesaid drugs shall at or before the time of giving 18.1304. Possession and Transportation such order, make or cause to be made a duplicate thereof 18-1305. Prohibited Places of Consumption on a form to be issued in blank for that purpose by the 18-1306. Saloons,Prohibited commissioner of internal revenue, and in case of the 18.1307. License Requirements,Exceptions acceptance of such order shalt preserve such duplicate 18-1308. Penalty for said period of two years in such a way as to be Ref: Licenses Chap. 13, Art. 15; Drunkenness, readily accessible to inspection by the city officials here. Sec. 18-1117; Pool and Billiard Halls, Sec. 13-1107; inbefore mentioned. Nothing contained in this section Taxicabs, Sec. 13-1341; Cereal Malt Beverages, Chap. shall apply: 13.Art. 5. (a) To the dispersing or distribution of any of the aforesaid drugs to a patient by a physician, dentist, or 18-1301. Definitions. (a) "Alcoholic liquor" in- veterinary surgeon registered under the laws of the State eludes the following four varieties of liquor as defined of Kansas in the course of his professional practice below, and every liquid or solid, patented or not, con- only: Provided, That such physician, dentist, or veter- raining alcohol, spirits, wine or beer, and capable of inary surgeon shall keep a record of all drugs dispensed being consumed as a beverage by a human being, but or distributed, showing the amount dispensed or dis shall not include any beer or cereal,malt beverage con- tributed, the date, and the name and address of the mining not more than three and two-tenths percent patient to whom such drugs are dispensed or distributed, (3.2%) of alcohol by weight. except such as may be dispensed or distributed to a (1) "Alcohol" means the products of distillation of patient upon whom such physician, dentist or veterinary any fermented liquid, whether rectified or di. surgeon shall personally attend; and such record shall be luted, whatever may be the origin thereof, and kept for a period of two years from the date of dis- - includes synthetic ethyl alcohol, but does not pensing or distributing such drugs, subject to inspection, include denatured alcohol or wood alcohol. as provided in this ordinance. (2) "Beer", when its meaning is not enlarged, modi- (b) To the sale, dispensing or distribution of any of fled or limited by other words, means a bever- the aforesaid drugs by a registered pharmacist to a con- age, containing more than three and two-tenths sumer under and in pursuance to a written prescription percent (3.2%) of alcohol by weight, obtained issued by a physician, dentist or veterinary surgeon reg-. by alcoholic fermentation of an infusion or istered under the laws of the State of Kansas; Provided, concoction of barley, or other grain, malt and however , That such prescription shall be dated as of the hops in. water„ and includes, among other day on which signed and shall be signed by the physician, things, beer, ale, stout, lager, beer, porter and dentist or veterinary surgeon who shall have issued the the like having such alcoholic content. same: And provided further, That such registered (3) "Spirits" means any beverage which contains pharmacist shall preserve such prescription for a period alcohol obtained by distillation, mixed with of two years from the day on which such prescription is water or other substances in solution, and in- filled in such a way as to be readily accessible to inspect- dudes brandy, rum, whiskey, gin, or other ion by the city officers, agents, employees. (Sec. 2, Ord. spirituous liquors, and such liquors when recti- 2916, I-28-24, Revised, 1948) (G. S. 65-616) fled, blended or otherwise mixed with alcohol 18-1203. Same; When 18-1201 to 18-1203 Inappli- or other substances. cable. The provisions of this article shall not apply to (4) "Wine" means any alcoholic beverage obtained decocainized coca leaves or preparations made therefrom, by the normal alcoholic fermentation of the or to other preparations of coca leaves which do not con- juice of sound, ripe grapes, fruits or berries, or rain cocaine. (Sec. 3, Ord. 2916, 1-28-24, Revised, other agricultural produces, including such bev- 1948) (G. S. 65-617) erages containing added alcohol or spirits, as 18-1204. Penalty. Any person violating any of the above defined, or containing sugar added for provisions of this article shall, upon conviction, be fined the purpose of correcting natural deficiencies. in any sum not exceeding $500.00 or be imprisoned for (b) "Distributor" means a person importing or a term not to exceed six months, or be both so fined and causing to be imported into the state, or purchasing or imprisoned. (Sec. 4, Ord. 2916,.1.28-24, Revised, 1948) causing to be purchased within the state, alcoholic liquor (Power of cities to enact ordinances on narcotics. G. S. for.sale or resale to retailers under the provisions of the 65.418) Kansas Liquor Control Act. • • 172 ORDINANCES OF THE CITY OF SALINA, KANSAS • (c) "Manufacture" means to distill, rectify, fer- (b) Any drug store from employing a licensed ment, brew, make, mix, concoct, process, blend, bottle pharmacist from possessing and using alcoholic or fill an original package with any alcoholic liquor, or liquor in the compounding of prescriptions of with beer regardless of its alcoholic content, and includes duly licensed physicians. blending. . (c) The manufacture of denatured alcoholic pro- (d) "Manufacturer" means every brewer, fermenter, ducts in accordance with acts of Congress and distiller, rectifier, wine maker, blender, processor, bottler regulations promulgated thereunder. or person who fills or refills an original package and (d) The making of wine intended for use and used others engaged in brewing, fermenting, distilling, recti- by any church, or religious organization for fying or bottling alcoholic liquors as above defined or sacramental purposes. beer regardless of its alcoholic content, under the pro- visions of the Kansas Liquor Control Act. 18-1303. Sale. (a). No alcoholic liquor shall be (e) "Nonbeverage user" means all laboratories and sold at retail by any person within the corporate limits hospitals and sanatoria using alcohol for nonbeverage of the City e Salina unless such persons shall be licensed purposes, and every manufacturer of any of• the follow- therefor under the provisions of the Kansas Liquor Con- ing products when the same are unfit for beverage pur- trot Act. poses: (b) No person shall sell at retail any alcoholic (1) Patent and proprietary medicines and' medi- liquor within the corporate limits of the'City of Salina: cinal,antiseptic and toilet preparations; (1.) On the day of any national, state, county or • (2) Flavoring extracts and syrups and food pro- city election, including the primary elections, ducts; • during the hours the polls are open. • (3) Scientific,industrial and chemical products. (2) On the first day of the week, commonly called Sunday; • (f) "Retailer" means a person licensed under the (3) On Decoration or Memorial Day, Independence provisions of the Kansas Liquor Control Act to sell or Day, Labor Day, Thanksgiving Day and Christ- offer for sale alcoholic liquors for use and consumption mas Day; and not for resale in any form. (4) Before Nine (9) o'clock A. M. or after eleven (g) "Person" includes any natural person, corpora- (II) o'clock P. M. on any day when sale is Lion, partnership or association. permitted. (h) "Original Package" means any bottle, flask, jug, (c) It shall be unlawful for a retailer of alcoholic can, cask, barrel, keg, hogshead or other receptacle or liquor: container whatsoever, used corked or capped, sealed and (1) To permit any person to mix drinks on or in labeled by the manufacturer of- alcoholic liquor, to con- the licensed premises; • min and to convey any alcoholic liquor. • (i) "Sale" means any transfer, exchange or barter (2) To employ any person under the age of twenry- in any manner or by any means whatsoever for a con- one such retail years in li connection nt; with the operation of such retail esmblishmenr, or sideration, and includes and means all sales made by any (3) To employ any person in connection with the person, whether principal, proprietor, agent, servant or operation of such retail establishment who has employee. (j) "Sell at retail" and "Sale at retail" refer to and been adjudged guilty of a felony. mean sales for use or consumption and not for resale in (4) To furnish any entertainment in his premises any form, or permit any pinball machine or game of skill (k) "To Sell" includes to solicit or receive an order or chance to be located in or on such premises. for, to keep or expose for sale and to keep with intent to (d) No person shall knowingly or unknowingly sell, sell. give away, or dispose of, exchange or deliver, or permit the same, gift or procuring any alcoholic liquor for or 18-1302. Manufacture. No person shall manufac- to any minor; and no such minor shall represent that Lure, make, brew or distill any alcoholic liquor within he is of age for the purpose of asking for, purchasing the corporate limits of the City of Salina unless such per- or receiving alcoholic liquor from any persons, except son shall be licensed therefor under the provisions of the in cases authorized by law. No person shall knowingly Kansas Liquor Control Act; PROVIDED, that nothing sell, give away, dispose of, exchange or deliver, or permit contained herein shall apply to or prevent: the sale, gift or procuring of any alcoholic liquor to or (a) The making of wine, cider or beer by a per- for any person who is mentally incompetent, or any per- son from fruits, vegetables or grains, or the son who is physically or mentally incapacitated by the products thereof by simple fermentations and consumption of such liquor. Any person violating any without distillation, if it is made solely for the of the provisions thereof shall be punished by a fine of purpose of use by the maker and his family. not more than one hundred dollars ($100.00) or by im- • CHAPTER 18. PUBLIC OFFENSES 173 prisonment for not to exceed thirty (30) days, or by 18-1306. Saloons. It shall be unlawful for any per- both such fine and imprisonment. son to own, maintain, operate or conduct either directly • (e) It shall be unlawful for any person to have in or indirectly, an open saloon, within the corporate limits his possession for sale at retail any bottles, cask, or other of the City of Salina. For the purposes of this section containers containing alcoholic liquor, except in origi- the words "open saloon" mean any place, public or pri- nal packages. vate, where alcoholic liquor is sold or offered for sale or kept for sale by the drink or in any quantity of less than 18-1304. Possession and Transportation. Subject one-half pint, or sold, offered for sale, or kept for sale to the limitations hereinafter provided, the possession and for consumption on the premises where sold. Any per- transportation of alcoholic liquor for personal use only son violating the provisions of this section shall be deemed shall be legal: guilty of a misdemeanor, and upon conviction thereof (a) It shall be unlawful for any person to transport shall be punished by a fine of not more than five hundred in any vehicle upon a public highway, street or alley, dollars ($500.00) and by imprisonment for not more within the corporate limits of the City of Salina, any than ninety (90) days. alcoholic liquor, except in the original package or con- tainer which shall not have been opened and the seal 18-1307. License Requirements. General Exceptions. upon which shall not have been broken and from which (a) Nothing contained in this ordinance shall prevent: the original cap or cork hall not have been removed, un- (1) The making of wine, cider, or beer by a person less the opened package or container be in the locked from fruits, vegetables or grains, or the pro- rear trunk or rear compartment, or any locked outside duct thereof, by a simple fermentation and with- compartment which is not accessible to the driver or any out distillation, if it is made solely for the use other person in said vehicle while it is in motion. Any of the maker and his family. person violating this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished (2) Any duly licensed practicing physician or den by a fine of not more than two hundred dollars ($200.00) tist from possessing or using alcoholic liquor in or by imprisonment for not more than six (6) months or the strict practice of his profession; by both such fine and imprisonment. (3) Any hospital or other institution caring for the sick and diseased persons, from possessing and (b) I[ shall be unlawful for any person to transport using alcoholic liquor for the treatment of bona • or have in his possession for his personal use in excess of two (2) quarts of alcoholic liquor, upon which the tax fide patients of such hospital or institution; imposed by the Kansas Liquor Control Act has not been (4) Any drug store employing a licensed pharmacist paid, or on the containers of which each mark and stamp from possessing and using alcoholic liquor in required by the Kansas Liquor Control Act has not been the compounding of prescriptions of duly affixed; PROVIDED FURTHER, that nothing herein licensed physicians. contained shall apply to the possession and transportation (5) The possession and dispensation of wine by an of alcoholic liquors by any manufacturer, wholesaler, authorized representative of any church for the distributor, retailer, nonbeverage user or common carrier purpose of conducting any bona fide rite or operating pursuant to the provisions of the Kansas Liquor religious ceremony conducted by such church. Control Act. (b) None of the provisions of this ordinance shall 18-1305. Prohibited Places of Consumption. With- apply: - in the corporate limits of the City of Salina it shall be (I) To flavoring extracts, syrups, or medicinal, unlawful for any person to drink or consume alcoholic mechanical, scientific, culinary or toilet pre- liquor upon the public streets, alleys, roads or highways, parations, or food products unfit for beverage • or in beer parlors, taverns, pool halls, or places to which purposes. the general public has access, whether or not an ad- (2) To wine intended for use and used by any mission or other fee is charged or collected, or upon pro. church or religious organization for sacramental • petty owned by the state or any governmental subdivision purposes. thereof, or inside vehicles while upon the public streets, alleys, roads or highways. Any person violating pro- 18-1308. General Penalty. Any person who shall visions of this section will be deemed guilty of a mis- violate any provisions of this ordinance for which a demeanor, and upon conviction shall be punished by a penalty is not otherwise specifically provided shall upon fine of not less than fifty dollars ($50.00) nor more than conviction of any such violations be fined not to exceed two hundred dollars ($200.00) or by imprisonment for five hundred dollars ($500.00) or by imprisonment not not more than six months or be both so fined and im- to exceed six (6) months or by both such fine and im- prisoned. prisonment. , i , . CHAPTER 19. PUBLIC UTILITIES 175 • CHAPTER 19. Public Utilities any contrivance, mechanism or device which prevents, ARTICLE 1. Miscellaneous Regulations which may be designed or intended to prevent the whole quantity of gas or electric current supplied to any con- 19-101. Tampering with Electric or Gas Meters, sumer at meter rates from passing through and being Wires or Pipes measured by a meter provided for such purpose on the 19-102. Using or Taking Gas or Electric Current premises of any consumer of gas or electricity at meter not Passing Through Meter rates, shall be prima facie evidence that such consumer • 19-103. Unlawful Device on Premises; Prima Facie knew of the existence thereof, and that he was knowingly Evidence Against Consumer taking and using gas or electric current as the case may 19-104. Employees of Company; Enter Premises be, without the same having wholly passed through and for Inspection been measured by a meter provided for such 19-105. Violation of Secs. 19-101, 19.102 and 19- purpose. (Sec, 3,Ord. 2462, 3-6-22, Revised, 1948) I03; Company not Bound to Furnish Gas 19-104. Employees of Company; Enter Premises for or Electricity Inspection. The servants and employees of every com- 19-106. Painting of Poles Required an corporation su I m 19-107. Violation of Sec. 19-106. P y or cor p PP Y 8 gas or electric current to 19-108. Poles in Certain District Prohibited the City of Salina or its inhabitants shall have the right at all reasonable'times to enter the premises of every con- 19-109. Wires Underground; Exceptions 19-110. Violation of Secs. 19-108 and 19-109 sumer of gas or electric current at meter rates'for the 19-111. Trees; Light and Telephone Companies to purpose of inspecting its wires, pipes and meter to aster- . min whether or not the meters are correctly measuring Trim; Supervision the whole quantity of gas or electric current supplied to Ref. Waterworks regulations, Chapter 28; Statutory such consumer and a denial of such right of inspection regulations relating to tampering with gas meters, etc., during reasonable hours by any consumer at meter rates G. S. 21.580; Statutory regulations relating to tampering shall be prima facie evidence that such consumer is taking with electric meters, etc, G. S. 1945 Supp. 17-1921; and using gas or electric current as the case may be, with- Wires over streets, Sec. 18-1339; Railroad property, Sec. out the whole quantity thereof passing through and being 18-1337. measured by a meter provided for that purpose. (Sec. 4, 19-101. Tampering with Electric or Gas Meters, Ord. 2462, 3-6-22,Revised, 1948) Wires or Pipes. Every person who shall without author- 19-105. Violation of Sea. 19-101, 19.102 and 19- ity turn on, unseal or open an electric or gas meter or 103; Company Not Bound to Furnish Gas or Electricity. service or in any way tamper with any electric wires or gas Every person who shall knowingly or intentionally vita- pipes or meters owned by any individual, company or cor- late Section 19-I01, 19-102 or 19-103 of this article potation supplying gas or electric current to the City of shall be guilty of a misdemeanor and on conviction Salina or its inhabitants, or who shall attach thereto any thereof shall be fined in any sum not to exceed fifty contrivance, mechanism or device whatsoever,so as to pre- dollars ($50.00), and in addition thereto the individual vent,or which may be designed or intended to prevent the company or corporation, so supplying gas or electrical whole quantity of gas or electric current supplied to any current shall not be thereafter bound to furnish either consumer at meter rates from passing through and being gas or electrical current to the person so convicted of measured by the meter provided for such purposes, and fraudulently taking or using either gas or electrical every consumer of gas or electric current at meter rates current. (Sec. 5, Ord. 2462, 3-6-22, Revised, 1948) who shall knowingly permit the same to be done for his or her benefit, or for the benefit of any association or 19-106. Painting of Poles Required. That it is corporation in which he, or she may have any interest hereby made the duty of the owner or owners, or lessee shall be guilty of a misdemeanor. (Sec. 1, Ord. 2462, or lessees, or agent or agents of the owner or owners of 3-6.22, Revised, 1948) - all telegraph, telephone, electric light, and other poles now standing or hereafter placed in any parking, curb 19-102. Using or Taking Gas'or Electric Current or street of the City of Salina and used in any way by the not Passing Through Meter. Every consumer of gas or public service companies or corporations doing business electric current at meter rates who shall, by means of in said City, to keep such poles painted to the satisfaction any contrivance, mechanism or device whatsoever, know- of the City Manager. (Sec. I, Ord. 1482, 4-19.09, Re- ingly take, or use any gas or electricity without the whole vised, 1948; see G.S. 13-433) quantity so taken or used having passed through and 19-107. Violation of Sec. 19-106. Any person, been measured by a meter provided for such purpose firm, company or corporation failing or refusing to shall be guilty of a misdemeanor. (Sect 2, Ord. 2462, comply with the provisions of Section 19-106 shall be 3.6-22, Revised, 1948;see 13-432 G.S. 1935) deemed guilty of a misdemeanor and be punished by.a 19-103. Unlawful Device on Premises; Prima Facie fine not exceeding one hundred dollars. (Sec. 2, Ord. Evidence Against Consumer. Proof of the existence of 1482,4-19.09, Revised, 1948) • t>!. 176 ORDINANCES OF THE CITY OF SALINA, KANSAS 19-108. Poles in Certain District Prohibited. It 19-110. Violation of Secs. 19-108 and 19-109. Any shall be unlawful for any person, company or corpora- person, company or corporation setting poles or placing don to set or erect any telegraph or telephone poles or wires or cables in the streets, avenues or alleys of the City pole line in any street, avenue or alley in the City of' in violation of'Sections 19-108 or 19-109 shall upon con- . Salina, Kansas, within that part of the City lying between viction thereof be punished by a fine in any sum not ex- North Street on the north, South Street on the south, seeding fifty dollars for each offense. (Sec. 3, Ord. Front Street on the east and Tenth Street on the west; 1532, 1-6-I0, Revised, 1948; see G. S. 13-433). Provided, that this section shall not be construed to pre- vent the use, maintenance and repair of pole lines now 19-111. Trees; Light and Telephone Companies to in use within said limits. (Sec. 1, Ord. 1532, 1-6-10, Trim; Supervision. That where trees and branches ex- Revised, 1948) tending over the streets, avenues and alleys of the City of Salina obstruct and prevent the proper construction and 19-109. Wires Underground; Exceptions. All tele- graph and telephone lines constructed along or across operation of electric light, power and telephone lines, any street, avenue or alley in the territory described in such trees or branches may be cut and trimmed by the Section 19-108, shall be placed underground and in com- company operating such lines sufficient to permit the pliance with directions of the City Engineer of the said proper construction and operation of such lines, such City of Salina; Provided, that this section shall not be trimming, however, to be done under the direction and construed to prevent additional cables and lines being supervision of'the Superintendent of the Streets of said placed on telegraph or telephone poles in use prior to City and in such manner as not to unnecessarily injure January 1st, 1910. (Sec. 2, Ord. 1532, 1-6-10, Revised, or impair the life and appearance of such trees. Sec. 1, 1948; see G. S. 14-433). I Ord. 1573, 8-15-10, Revised, 1948) • ■ • • • • • l CHAPTER 20. REFUSE 177 •CHAPTER 20. Refuse matter enumerated in Section 20-101. (Sec. 3, Ord. ARTICLE 1, Trash,Waste, Garbage, Etc. 2772, 5-]4-22) (G. S. 12-1623) 20-101. Throwing Dirt, Filth, Sweepings, Manure, 20-104. Provide Metal Receptacle; Removal of Contents; Fly Proof, Closed. It shall be the duty of etc.,on Any Lots,Streets, Etc. every owner or occupant of any residence, business house,' 20.102. Private Premises Kept Clean hotel boarding house, mercantile or other business estab- 20-103. •Occupants of Ground Floor Responsible. lishment within said city to provide a tight metal re- 20-104. Provide Metal Receptacle; Removal of ceptacle in which to place or deposit all matter set forth Contents; Fly Proof; Closed in Section 20-101 hereof, and the contents of all such 20-105. Violation of Ordinance; Penalty receptacles shall be removed in a careful and cleanly 20-106. Public Nuisance; Penalty manner from all business houses, restaurants, hotels, 20-107. Notice to Owner, Occupant or Agent; boarding houses, mercantile or other business establish- Abatement by City; Assess Costs ments in said city at least once each day, and shall be 20-108. Sweepings From Business Buildings in removed from all residences not less than once each week Streets between the (1st.) day of October and April of each year 20-109. Violation of Sec. 20-108; Penalty and not less than twice each week between the first day 20-110. Who Responsible for Observance of Sec. of April and the first day of October each year. All 20-108. such receptacles shall be provided with fly-proof covers 20-111. Garbage Hauling; Regulated; Requirements; and shall be kept closed except at such times as matter Violations; Penalty is being placed therein or removed therefrom. (Sec. 4, •20-112. Unlawful to Dump Trash, Dirt, Etc., in Ord. 2772, 5-14-22, Revised, 1948) Smoky Hill River; Special Permission 10-113. Same; Removal 20-105. Violation of Ordinance; Penalty. Any 20-114. Violations; Penalty person, firm or corporation violating any of the terms of 20-115. Same; Public Nuisance Sections 20-101 to and including 20-104 shall upon con- Ref. Fire Prevention Sec. viction be fined in any sum not exceeding fifty Dollars 20-101. Throwing Dirt, Filth, Sweepings, Manure, ($50.00) and be committed to the city jail until such etc., on Any Lots, Streets, Etc. It shall be unlawful for fine is paid. (Sec. 5, Ord. 2772, 5-14.22,Revised, 1948) any person to throw, place or deposit, or leave or cause 20-106. Public Nuisance; Penalty. That it is to be thrown, placed or deposited or left on any private hereby declared to be a public nuisance and unlawful for premises within the City of Salina, except as hereinafter any person owning, occupying or having control of any provided for, or in any of the public streets, highways, lot, tract or parcel of ground in the City of Salina, Kan. alleys, lanes, lots, parks or thoroughfares of said city, sas, to throw, place or deposit, or permit the throwing, any dirt, filth, sewerage sweepings takings, dung, ex- placing, depositing or accumulation thereon of any filth, crement, compost, papers, cans, stable manure, boxes, sweepings, rakings, excrement, papers, cans, stable leaves, ashes, grass, weeds, vegetables, slop or litter of manure, boxes, weeds, trash, rubbish, waste or litter of any kind. (Sec. 1, Ord. 2772, 5-14-22, Revised, 1948) any kind whatsoever, and that any person who shall (G.S. 12-1621) knowingly permit such a nuisance to obtain and exist 20-102. Private Premises Kept Clean. All private through any of the causes herein enumerated or who premises in said city and the vacant space in the rear of shall knowingly violate any of the provisions hereof any business lot, house, or mercantile establishment be- shall, upon conviction, be punished by a fine of not less tween the rear of the building and the alley, if any such than Five Dollars ($5.00) and not more than One vacant space there be, shall at all times, be kept clean and Hundred ($100.00) Dollars. (Sec. I, Ord. 2489, 4-24.22) clear of all of the matter set forth in Section 20-101 20-107. Notice to Owner, Occupant or Agent; herein, and the occupant or occupants of the ground Abatement by City; Asess Costs. That in all cases where floor of any business house or mercantile establishment, y ty' the owner, occupant, agent or other person having con- as set forth herein, shall be and is hereby charged with trot of any property in said city upon which any nuisance the duty of keeping said space clean, except such refuse has obtained and exists by reason of- any of the things or filth as may be.deposited by other occupants of such defined in Section 20-106 hereof, shall fail, refuse or buildings, whose duty it shall be to remove the same. neglect to abate or remove said nuisance within five (5) (Sec. 2, Ord. 2772, 5.14-22) (G. S. 12-1622) days after receiving written notice from the City Health 20-103. Occupants of Ground Floor Responsible. Officer of the City of Salina so to do, then said city may It shall be the duty of the owner, or the occupant of the abate and remove said nuisance and the Public Health ground floor, if' the same be not occupied by the owner, Officer shall certify the cost thereof•to the City Clerk and to keep the ground floor, and the space between the such cost shall be assessed against the property on which rear of the building and alley clean and free from all mid nuisance has been abated the cost and expense of , � 178 - ORDINANCES OF THE CITY OF SALINA, KANSAS said abatement, which special assessment shall be by the 20-112. Unlawful to Dump Trash, Dirt, etc., in City Clerk of Salina, Kansas, certified to the County Smoky Hill River; Special Permission. That it shall be Clerk of Saline County, Kansas, and collected as other unlawful for any person, firm or corporation either on his special assessments are collected. (Sec. 2, Ord. 2489, or their own behalf or as the agent, representative, ser- .4-24-22, Revised, 1948) cant, employee, member, officer or manager or any such 20.108. Sweepings from Business Buildings in Streets, person, firm or corporation to dump, place or throw or That it shall be unlawful for any person, co-partnership, to direct or cause the dumping, placing or throwing, of any dirt, stone, garbage, trash, trees or parts thereof, pa- or corporation of any agent, servant, employee, member, officer or representative thereof to sweep or otherwise de- pars, cans, manure, ashes or any offensive, obnoxious or posit any dust, dirt, papers, sweepings or other refuse unsightly mane- of any kind into or on or about the from the interior of any store, office or other building banks of the Smoky Hill River or Dry Creek at any place or part thereof in the City of Salina into or upon any within or adjoining the city limits of the City of Salina, public sidewalk, street or alley in said city or from the except for revetment purposes authorized in writing by sidewalks into the vehicular used portion of a street or the City Manager. (Sec. I,Ord. 3249, 5-17-26) alley. (Sec. 1,Ord. 3050, 12-8-24, Revised, 1948) . 20-113. Same; Removal. That every such person, 20-109. Violation of Sec. 20-108; Penalty. Any firm, or corporation shall when so ordered by the Board person who shall violate or of Commissioners of the City of Salina, remove from said p permit the violation of Sec- Smoky Hill River or Dry Creek from the banks thereof tion 20.108 by any person in his employ or under his custody, supervision, charge or direction, shall be deemed any dirt, stone, garbage, trash, trees or parts thereof, guilty of a misdemeanor and upon conviction thereof papers, cans, manure, ashes, or any offensive, obnoxious or shall be fined in any sum not exceeding $25.00 (Sec. 2, he unsightly matter re any kind, which may have been of Ord. 3050, 12-9-24,Revised, 1948) heretofore or may hereafter be placed, thrown or dumped into said river or on or along the banks of said river, 20-110. Who Responsible for Observance of Sec. adjacent to or on the property owned or occupied by 20-108. The owner, manager or person in charge of them, or under their control, or placed, thrown or dump- any business, store or building in the City of Salina ed by them or at their direction at any point in, on or shall be deemed to be responsible for the observance of along said river or river banks. (Sec. 2, Ord. 3249, the provisions of Section 20-108 by all persons in his em- 5-17-26) ploy or under his direction and shall be deemed guilty of 20-114. Violation; Penalty. That any such per- the violation of Section 20-108 by any such servant or son, firm or corporation-who shall violate an •of the pro: employee; provided however, that the provisions of this visions of Section 20-112 of this article, or who shall fail section shall not be deemed to relieve the person actually within 5 days after receipt of notice of the order men- violating the same from punishment for such violation. boned in Section 20-113 of this article to remove from (Sec. 3,Ord. 3050, 12-8-24, Revised, 1948) the said river or river banks or said creek or creek banks 20-111. Garbage Hauling; Regulated; Requirements; any of the material ordered to be removed shall be deem- Violations; Penalty. That no garbage, offal, gleanings ed guilty of a misdemeanor and for each offense shall be sr refuse from poultry fined not less than $25.00 nor more than $100.00 or be p ry dressin g plants or packing houses imprisoned not more than ten days, or both, and any or other spoiled and decayed vegetable or animal matter such person so fined shall be committed to jail until such shall be hauled or transferred through or over-the public fine and the costs of said action are paid; provided that streets,alleys or thoroughfares in the City of Salina, Kan- each day's failure to remove any of the material ordered sas except in non-leaking barrels, vats or tanks provided to be removed as provided for in Section 20-113 of the with tightly fitting covers sufficient to prevent the contents thereof or effluvia•therefrom, or any noisome or offen- article, after the expiration de five days from the receipt of sive odors arising therefrom to escape from such con- of notice thereof, shall be deemed a separate offense. tainers, and that any such containers shall be kept in a ( 3, Ord. 3249, 5-17.26, Revised, 1948) clean and sanitary condition, and any person, firm or 20.115. Same; Public Nuisance. That any such corporation, or any agent, representative, employee or dirt, stone, garbage, trash, trees or pans thereof, papers, member thereof who shall haul or transport or who shall cans, manure, ashes or any offensive obnoxious or un- cause or direct the hauling or transportation of any such sightly matter of any kind thrown, placed or dumped substance through or over any street, alley or public into the Smoky Hill River or Dry Creek on or along the thoroughfare within said city, except in containers as banks thereof, or permitted to remain in said river or herein provided for, or who shall fail to keep such con- said creek, on or along the banks thereof in violation of tainers in a clean and sanitary condition, shall be deemed the provisions of these sections, 20-112. 20.113 and 20- guilty of a misdemeanor and upon conviction thereof 114, shall be deemed to constitute a public nuisance, and shall be fined not less than $5.00 and not more than upon the failure of any person, firm or corporation to re- $50.00 for each offense. (Sec. 11, Ord. 3168, 10-12-25) move the same from said river, or river banks, on or ad- i CHAPTER 20. REFUSE 179 jacent to any property owned by such person, firm or cor- and if such cost be not paid within five days, after a state- potation,within 5 days from the service upon said person, ment thereof shall be presented, such cost shall be assessed firm or corporation or upon the agent, occupant, or per- against the property and shall be certified by the City son in control of said property, of a notice so to do, Clerk to the County Clerk of Saline County, Kansas, in served in the same manner as summons in a civil action the same manner and at the same time other taxes are the nuisance so existing shall be abated by the City of certified, and collected as other special assessments are Salina at the cost of such person, firm or corporation, collected. (Sec. 4, Ord. 3249, 5-17-26, Revised, 1948) • • • • • • CHAPTER 21. SEWER CONNECTIONS; VAULTS; CESSPOOLS 181. • CHAPTER 21. SEWER CONNEC- it shall be unlawful for any person, firm or corporation TIONS; VAULTS; CESSPOOLS to use or permit the use of any vault or cesspool now Article 1. Sewers,Requiring Connection to constructed on any such property. (Sec. 1, Ord. 3779, 9-27-29) (G. S. 13-436) Article 2. Cesspools and Vaults 21-202. Same: Notice. That any vault or cesspool ARTICLE 1. Sewers,Requiring Connection to now or hereafter located or constructed on any pro- perty in the City pf Salina which abuts upon any street 21-101. Requiring Connection to Sewer 21-102. City May Connect • or alley upon which there is or in which there may be 21-103. Costs Assessed hereafter located any public sewer, or which is accessible Rd: G.S. 12-631 to any public sewer now or hereafter constructed, shall be and the same is hereby prohibited and suppressed and 21-101. Requiring Connection to Sewer. That per- the same shall be removed upon notice given by the Chief sons and property owners owning dwelling houses or of Police-to the occupant of any such premises, and to buildings within the City of Salina, Kansas, which build- the owner of such premises if such owner be a resident ing or buildings are or shall be, located near a sewer, or in of the City of Salina, or if such owner be a non-resident a block within any such sewer district in said city through of the City of Salina, then to the agent or such owner which a sewer extends are hereby required to make if such agent be a resident of the City of Salina, and if such connections with said sewer system of said city, as such agent can be found by or is known to the Chief of may be necessary in the judgment of the board of health Police. If any such occupant, owner or agent, or any of for the protection of the health of the public, for the them, are non-residents of the City of Salina, or cannot purpose of disposing of all substances from any such be found or located by the Chief of Police in said city, building affecting the public health which may be law- such notice as to any or all of such persons who are non- fully and properly disposed of by means of such sewer. residents or who cannot be located within the city, may (Sec. 1, Ord. 5231, 7-24-47) be posted in a conspicuous place on said premises and 21.102. City May Connect. That in the event any such posting shall have the same effect as to such non- person or persons shall fail or refuse to connect any residents or persons who cannot be found or located in building or buildings with the sewer system of said city said city, as if the same had been personally served upon as herein provided for, for more than 10 days after them. being notified in writing by the Board of health of said Each such vault or cesspool is hereby declared to be a city to do so, then the City of Salina, Kansas may cause public nuisance and if within ten days after the service of such premises and buildings to be connected with said any such notice, the same shall not be removed by the sewer system and said city is hereby authorized to adver- occupant or owner, or by the agent of the owner, such tise for bids for the construction and making of such vault or cesspool shall be abated and removed, and .sewer connections, and to contract therefore with the low- filled up, by some person employed for such purpose by est responsible bidder or bidders, and to cause such prem- order of the Board of Commissioners of the City of Se- ises to be connected with said sewer system. (Sec. 2, Ord. ling, and the cost thereof shall be reported to the Board 5231, 7-24-47) of Commissioners and shall be assessed and taxed 21-103. Costs Assessed. That to pay the costs and against the lot or tract of ground upon which such vault expenses of such work the said city may assess said costs or cesspool is located and maintained, and such cost shall be levied, certified and collected as a special assessment and expenses against the property and premises so con- nected, such assessment to be made in the same manner in the same manner as special assessments for repairing as other special assessments are made. (Sec. 3, OM. and building sidewalks. (Sec. 2,Ord. 3779,9-7-29) 5231, 7-24-47) 21-203. Definitions. The terms "vault" and 'cess- pool" as used herein shall be deemed to include all privy ARTICLE 2. Cesspools and Vaults vaults, septic tanks, and any receptacle for filth or ex- - 21-201. Vaults,Cesspools, Prohibited; When crement for the carrying off of which the sewers of the 21-202. Same;Notice city may be properly used, and all appurtenances thereto. 21-203. Definitions (Sec. 4, Ord. 3779,9-7-29) 21-204. Violations; Penalty • 21-204. Violations; Penalty. Any person, firm or 21-201. Vaults, Cesspools, Prohibited; When. It corporation, or the agent, employee, representative, of- shall be unlawful for any person, firm or corporation to ficer or member of any such person, firm or corporation construct on any property in the City of Salina, which who shall violate any of the provisions of this article, abuts on any street or alley in which there is located a or who shall fail, neglect, or refuse to comply with any public sewer, or which is sufficiently close to any public order or notice made or given pursuant to the provisions sewer to have access thereto, any vault or cesspool, and of this article, or who shall maintain or permit the • 182 ORDINANCES OF THE CITY OF SALINA, KANSAS maintenance of any nuisance described in this article, which any such nuisance shall be permitted to continue, shall be deemed guilty of a misdemeanor and upon con- or during which any violation of this article shall be per- viction thereof shall be fined not less than $25.00 nor mined or caused to exist, may be 'deemed a separate of- more than $100.00 for each offense and each day upon fense. (Sec. 5,Ord. 3779,9-7-29, Revised, 1948) • • • • • • • • • • • CHAPTER 22. SIGNS 183 CHAPTER 22. SIGNS cloth signs may be erected and maintained upon special Article 1. Signs permit secured from the Building Inspector, and under such regulations as the Building Inspector'may require, Article 2. Bill Boards but no such temporary cloth signs shall be used for more ARTICLE 1. Signs than thirty days, and no permit therefor shall be issued for a longer period. No sign of any kind shall be 22-101. Permits for Signs erected upon, or attached to any building within the fire 22-102. Application for Permit; Fees limits except upon a permit applied for and issued in the 22-103. Construction of Signs manner provided in Sections 22.101 and 22-102 of this 22-104. Projecting or Hanging Signs—Regulations article. (Sec. 3, Ord. 3021, 6-25-24; Amd. Sec. 1, Ord. 22.105, Signs Flat Against Building 3473, 10-5-27, Revised, 1948) 22.106. Swinging on Poles; Attached to Trees or Posts; Prohibited 22-104. Projecting or Hanging Signs—Regulations. 22-107. Signs on Hinged Brackets; Exceptions That no sign hereafter erected or constructed or re-erect- 22-108. Signs Inspected and'Approved ed, reconstructed or rebuilt, in the City of Salina, Kan- 22-109. All Signs Subject to Inspection; Unsafe sas, attached to or projecting from any building, struc- Signs Removed ture, post or other fixture, shall project into or hang 22-110. Signs Unsafe or Contrary to Ordinance; over or across any street or public thoroughfare, (In- ' Abated and Removed as Nuisance eluding that part thereof occupied by any sidewalk or 22-111. Signs May be Supported by Rod , parkway) a distance of more than 7 feet from the per- 22-112. Penalty pendicular side of the building, structure, post or other 22-101. Permits for Signs. No person or persons, fixture to which any such sign may be attached or affixed, corporation or company shall erect or cause to be erected and in.no event more than seven (7) feet vats the pro- or re-erected within the limits of the City of Salina, Kan- upon line between the street and the e, post property sas, any sign upon or attached to any building, across upon which any such building, structure, post or other or over any street or public highway therein, without first, fixture is located and the lowest part of any such sign before proceeding with the erection or hanging of any shall be at least ten feet above any such sidewalk or other such sign in said city, obtaining a permit for such erec- portion of the street or public thoroughfare above which don or hanging from the Building Inspector, and it shall such sign is erected, except that flat sign's made of one be unlawful to proceed with the erection or hanging of thickness of metal only and having an area on one side of three square feet or less and the outer edges of which any sign unless such permit shall first have been oh- do not extend more than two feet from the building or rained. All such signs hereafter constructed of erected shall comply with and be erected in accordance with the structure to which they are attached may have the low- provisions of this article. (Sec. I, Ord. 3021, 8.25-24, est edge thereof not less than eight feet above any such sidewalk or other portion of the street directly under- Revised, 1948) neath the same. Any sign, now existin g, which projects 21-102. Application for Permit; Fees. Before a into or hangs over or across any.street or public thor- permit is issued by the Building Inspector, the applicant oughfare or any portion thereof, the lower edge therefor shall sign an application in writing, which shall of which is closer to the sidewalk or other portion of show the proposed location, size, nature and method of such street directly underneath the same than the dis- construction of such sign, and any other information tance herein provided for the classes of signs herein de- which the Building Inspector may require in connection scribed shall be immediately removed by the owner there- therewith. If the sign to be erected, as shown by such of upon notice from the Building Inspector, and if any application, conforms with the provisions of this article, such owner shall refuse or neglect to remove any such the Building Inspector shall, upon payment of a fee of sign upon receipt of such notice the Building Inspector 50c therefor, issue such permit. All such fees collected shall, and he is hereby authorized to remove any such by the Building Inspector shall be•by him.paid into the sign; Provided, however, that the city shall have the right City Treasury between the 1st and 10th of the month fol- at any time to change the requirements or specifications lowing their collection, with a report in duplicate to the for any such signs or any other signs heretofore or City Clerk, showing from whom and for what purpose hereafter erected which project into or hang over any such sums were collected. (Sec. 2, Ord. 3021, 6-25-24, street or part thereof or to order the same removed at Revised, 1948) (G.S. 13-1406) any time hereafter and any permit for the erection or re- 22-103. Construction of 'Signs. All signs hereafter erection or construction of any such sign may be revoked erected or re-erected within the fire limits as now or here- at any time by the Board of Commissioners of the City after defined shall be either of metal or other non-com- of Salina. (Sec. 4, Ord. 3021, 6-25.24; Amd. Sec. 1, • bustible material (or of wood construction with both faces, Ord. 3800, 10.14-29; Amd. Sec. 1, Ord. 3838, 3-1-30; • or back and face, wholly covered by metal.) Temporary As changed by Sec. 1,Ord. 4973, 6-3-40) • 184 ORDINANCES OF THE CITY OF SALINA, KANSAS 22-105. Signs Flat Against Building. All signs 22-109. All Signs Subject to Inspections; Unsafe erected flat against any building or structure shall be Signs Removed. All signs now or hereafter erected shall securely anchored to such building or structure in a be, at all times, subject to the inspection of the Building manner sufficient to withstand the weight of the sign and Inspector or whenever any complaint has been made to the probable wind pressure, the method of anchoring him, or whenever he deems such inspection necessary. If such signs in each case to be approved by the Building the Inspector shall, at any time, find any sign insecurely Inspector. (Sec. 5, Ord. 3021, 6-25-24) anchored or in any manner unsafe or in such condition • - that it or any support or part thereof is liable to fall or 22-106. Swinging on Poles; Attached to Trees or break, he shall have authority to either order the same Posts; Prohibited. No sign hereafter erected or re- entirely removed or to order the same to be repaired or erected over or across any street or public thoroughfare secured in such a manner as he may deem necessary, if, or over or across any sidewalk or parkway therein except in his opinion, it can be safely repaired or secured. Any signs having an area of 4 square feet or less, and not ex- person, whether the owner of the sign or building to tending more than 3 feet from the building to which at- which it is attached or in charge of such building to Cached, shall be allowed to hang on a pole or rod in such which it is attached or in charge of such building or the a manner that the same will swing with the wind,but shall occupant thereof, or the agent, representative, officer or be anchored so that the same will be rigid and self-sup- member of any firm or corporation owning such sign or porting, and no such signs shall have less than two side owning or occupying such building, or in charge thereof, guy wires and one guy wire supporting same from the who refuses to comply with any such order shall be top, except by special permission from the Buildirg In- deemed guilty of a violation of this article. (Sec. 9, Ord. spector when he may deem such guy wires necessary. No 3021, 6-25-24, Revised, 1948) sign, which is now or hereafter erected, shall be sup- ported by a post or support placed in or upon any 22-110. Signs Unsafe or Contrary to Ordinance; street or public thoroughfare within the City of Salina, Abated and Removed as Nuisance. Any sign hereafter or in or upon any sidewalk or parkway therein, nor erected or maintained contrary to the provisions and re- shall any such sign be supported by or attached to any quirements of this ordinance, or any sign which may at tree in or upon any such street or other thoroughfare or any time be deemed by the Building Inspector to be in an any parkway or sidewalk therein. (Sec. 6, Ord. 3021, unsafe condition, shall be deemed and is hereby declared 6-2544) to be a nuisance and may be abated and removed at the cost of the owner thereof in the same manner as now 22-107. Signs on Hinged Brackets; Exceptions. All provided for the abatement and removal of other signs hereafter erected or re-erected, attached to build- nuisances. (Sec. 10, Ord. 3021, 6.25-24) ings or structures and extending over a sidewalk, street or public thoroughfare, except signs having an area of 4 22-111. Signs Which May be Supported by Rod. square feet or less and extending not more than 3 feet Flat signs f, which an area of 4 square feet or less on one from the building, shall be erected with hinged brackets, side thereon, which do not extend more than 3 feet from sup- the center of action of which shall be not more than six the buiIdin3 to which they are attached, may be sup- inches from the building or other structure to which the ported by a pole or rod securely fastened to the building same is attached, so that the sign will swing to the build- in a manner satisfactory to the Building Inspector and ing without falling, should the side guy wires or braces shall be otherwise supported in such a manner a3 the become loosened from any cause. The supports for any . Building Inspector may direct. (Sec. 11, Ord. 3021, such sign shall be fastened to the building or structure 6-25-24) in a safe and secure manner, sufficient to support the 22-112. Penalty. Any person who violates, neglects signs and to withstand the probable wind pressure, and or refuses to comply with or who resists or opposes the shall be subject to the approval of the Building Inspector. enforcement of any of the provisions of this article shall (Sec. 7,Ord. 3021, 6-25-24) be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor more than 22.108. Signs Inspected and Approved. All signs $200.00 for each offense. Whenever in this ordinance hereafter erected under the provisions of this article the word "person" is used, the same shall be deemed to shall have the final inspection and approval of the Build- apply to any agent, representative, member or officer of ing Inspector upon notice to him of the completion of any firm or corporation owning or in charge of any such sign, such approval to be evidenced by a certificate signs in this ordinance mentioned, or owning, occupying to that effect signed by the Building Inspector. Any or in charge of any building to which such sign may be person or corporation failing to notify the Building In- attached, or responsible for the erection or maintenance spector promptly upon the completion of any sign shall of any such sign. Each day's continuance of any of- be deemed guilty of a violation of this article. (Sec. 8, fence herein defined shall be a separate offense and Ord. 3021, 6-25-24, Revised, 1948) violation for each day in which such violation, neglect or • • CHAPTER 22. SIGNS 185 ref usal shall continue. (Sec. 12, Ord. 3021, 6-25-24, 22-203. Conform to Zoning Ordinances. Nothing Revised, 1948) contained in this article shall be deemed to permit the - erection, construction or maintenance of any billboard,or ARTICLE 2. Bill Boards sign of any nature whatsoever in any location in the City of Salina where the erection, construction and/or main- 22.201. Classification tenance of the same is or may be otherwise prohibited by 22-202. Definition the zoning ordinance of the City of Salina; or in any 22-203. Conform to Zoning Ordinances commercial district where commercial buildings are re- 22-204. Other Regulatory Ordinances stricted to residential type and residential set back, as de- 22-205. Licenses; Permits; Application 'fined in the ordinances amending said zoning ordinance; 22-206. Same-Amounts • or in any other location in the City of Salina except 22-207. Inspections where the license or permit therefor and the location of 22-208. Board of Commissioner to Pass on Ap- such sign or billboard shall be specifically approved by plications the action of the Board of Commissioners of the City of 22-209. Bond Required Salina; and wherever in this article provision is made for 22-210. Issuance of License the issuance of any license or permit, no such license or 22-211. Refunds of Fees permit shall be issued by the City Clerk or any other of- 22-212. Licenses; Expiration ficer of the City of Salina until the same shall have been 22-213. Conformance with Regulations; Required specifically approved and authorized by the Board of 22-214. Ground signs; Setbacks Commissioners. (Sec. 3, Ord. 3999, 1-8-31; Amd. Sec.,, 22-215. Ground Signs; Requirements I, Ord. 4043,4-11-31) 22-216. Area Around Signs to be Kept Free of Weeds, Etc. 22-204. Other Regulatory Ordinances: Nothing-in 22-217. Wall Signs; Regulations this article shall be deemed to apply to signs hanging over 22-218. Roof Signs; Requirements or extending over any street or part thereof in the City of 22-219. Licenses; Exemptions Salina, which signs are governed and regulated by other 22-220. Advertisement of Personal Business; Re- ordinances of said city. (Sec. 8, Ord. 3999, 1-831, Re- quirements vised, 1948) 22-221. Name 22-205. Licenses; Permits; Application. .No person 22-222. Single bond Required 22-223. Real Estate Signs shall engage in the business of outdoor advertising at 22-224. Pasted Posters any location within the City of Salina without first secur- ing, annually, a license from the City of Salina to con- 22-225. Violations-Notice of Removal of Signs duct such business in the City of Salina; and without 22-226. Definitions first having paid the annual license fee or occupation 22.227. Violation; Penalty tax, and filing the bond herein provided for. Any per- 22-201. Classification. For the purpose of this ar- son desiring to engage in such business, and desiring to tide, billboards and signs shall be divided into three erect and/or maintain signs or billboards, shall file a classes, to-wit: ground signs, roof signs and wall signs. written application with the City Clerk for such license, A ground sign shall be deemed to include any bill- and for a permit to erect any additional signs or bill- board, signboard or other structure, including fences, boards, which shall state the name and address of the erected or used for advertising purposes, and not used as applicant, the size and location of the billboards or signs a wall on any permanent building or attached flat against being operated or maintained by such applicant and of the wall of any such permanent building. A wall sign any additional signs or billboards which he may desire is a sign painted, posted, or otherwise attached to or to erect and maintain. When any such application for a displayed upon the wall of a permanent building. A roof license or permit, or both, is filed, the applicant shall ,sign is any sign erected above any building. (Sec. 1, deposit with the City Clerk the amount of the license, of Ord. 3999, 1-8-31, Revised, 1948) occupation tax, the inspection fees and bond hereinafter provided for. (Sec. 5, Ord. 3999, 1-8-31) 22-202. Definition. The business of outdoor ad- vertising shall be deemed to include the business of own- 22-206. Same-Amounts. Every person engaging ing, operating, erecting, constructing and/or maintain- in the business of outdoor advertising in the City of Sa- ing wall, roof or ground signs for the purpose of show. lina shall pay annually a license tax therefor, which shall ing, painting, pasting or otherwise displaying thereon or be based on the number and size of the billboards and/or attaching thereto'the advertising matter of any person signs owned, maintained and/or operated by such person other than the person owning, operating, erecting, con- as follows: strutting and/or maintaining such ground, roof or wall For each sign or billboard to separate panel being of sign. (Sec. 1,Ord. 3999, 1-8-31) a dimension of 25 feet by 11 feet,or less 50c. • • • 186 ORDINANCES OF THE CITY OF SALINA, KANSAS For each additional 200 square feet or fractional Board of Commissioners shall consider the same, and if part thereof of any sign or billboard, or panel thereof, in their opinion, tLe sign or bill board in controversy 50c; provided, that no single sign or billboard, or panel and the location or proposed location thereof, complies thereof, shall have an area in excess of 600 square feet; with the provisions of this and any other existing ordin. and provided further, ante, then -in such event, they shall instruct the City That the minimum annual license tax to be paid by Clerk to issue a permit to erect such billboard or sign at such location. If the Board of Commissioners are of each person engaged in such business shall be $100.00. the opinion that any such sign or billboard, or the loca- (Sec 6, Ord. 3999, 1-8-31, Revised, 1948) tion or proposed location thereof, is in violation with 22-207. Inspections. When any such application this, or any other ordinance, then such application shall for a license to engage in the business of outdoor adver- be rejcc:ed. (Sec. 8, Ord. 3999, 1-8-31) tising is filed with the City Clerk, properly filled out as 22-209. Bond Required. No license shall be is- herein provided for and signed by the applicant, and sued to any such when any application for a permit to erect and main a person the herein provided for until such as Lain billboards or signs has been filed, which applications person shall file with the Ciry Clerk a good and suf shall billboards the size and location of each existing or pro- ficient bond in the sum of $500.00, conditioned that he - will comply with all of the terms and conditions of this posed billboard or sign, and there has been deposited Article, with a corporate surety authorized to do busi- with the City Clerk of Salina, Kansas, the license tax and Hess in this state, which bond shall contain the written bond as hereinafter provided, together with an inspection consent of the principal and surety thai any suit instituted fee of 50c for each billboard or sign, or panel thereof, thereon may be brought in Saline County, Kansas. (Sec. then erected or thereafter to be erected, the City Clerk 9,Ord. 3999, 1-8.31, Revised, 1948) shall refer such applications to the Building Inspector of the City of Salina, who shall inspect the billboards or 22-210- Issuance of License. Upon the return of signs described in said applications, and the proposed an application by the Building Inspector to the City location of new billboards or signs. If, upon the in- Clerk with his approval of any such sign or billboard spection of any existing sign or billboard, the Building and the location thereof or in the event any application Inspector shall find it is constructed in accordance with has been referred to the Board of Commissioners, upon this, and any other ordinance of the City of Salina ap- receiving authority from the Board of Commissioners, plicable thereto, then the Building .Inspector shall in- and upon a showing that the license tax, the bond filed dorse such finding on the application and shall return it and the inspection fees have been paid, the City Clerk to the City Clerk. In the event the licensee shall file an shall issue a license to such applicant covering only the application for an application for a permit to erect, con- locations specifically described in such application. (Sec, struct and maintain additional boards, the Building In- 10, Ord. 3999, 1-8-31, Revised, 1948) specter shall inspect the proposed location and shall en- dorse on the application his finding as to whether or not 22-211. Refunds on Fees. If, in any case, the Build- such proposed billboard is in a place authorized by this ing Inspector or the Board of Commissioners as the case may be, shall reject the application of any person for the and any other existing ordinance of said city, and shall return the same to the City Clerk. If the application is permit to erect, construct and/or maintain any sign or approved, the applicant may construct such billboard,and billboard at any particular location, for which such per- • upon its completion, the Building Inspector shall inspect son has deposited the license fee as by this'at- approved, sign or billboard upon notice from the licensee of tide, the amount so deposited for said fee shall be re turned by the City Clerk to such person, but in no even[ its completion and if he finds the same has been erected in compliance with the article, he shall endorse such shall the inspection fee be returned. (Sec. 1 1, Ord. 3999, findings on the original application and the license there- Revised, 1948) for shall be issued as herein provided. (Sec. 7, Ord. 22-212. Licenses; Expiration. Any license herein 3999, 1-8-31, Revised, 1948) provided for, when issued by the City Clerk, shall expire. 22-208. Board of Commissioners to Pass on Applica- on the 31st day of December following the date of the Lions. If, in any case, the Building Inspector is in filing of the application therefor. (Sec. 12, Ord. 3999, doubt as to whether or not any sign or billboard 1:8-31) inspected by him, or the location or proposed location 22-213. Conformance with Regulations, Required. thereof is in conformity with the provision of this and No sign or billboard, governed by the provisions of this any other existing ordinance of the City of Salina, then article, shall be erected, constructed or maintained within he shall return such application, with his findings and the City of Salina unless the same shall be erected, con- recommendations thereon to the City Clerk who shall pre- strutted and maintained in accordance with the pro- sent such application and the Building Inspector's re- visions of this article, as hereinabove or'as hereinafter ' port to the Board of Commissioners. In such case, the set forth. (Sec. 13,Ord. 3999, 1-8-31, Revised, 1948) • CHAPTER 22. SIGNS 187 22-214. Ground Signs; Setbacks. Every ground to any such building shall be firmly anchored to the sign now or hereafter located, constructed, owned,operat- building in a manner satisfactory to the Building In- ed and/or maintained in the City of Salina by any per- specter and so as to make the same safe and secure and son shall be set back from the street line a distance at no such sign or any parts thereof or appurtenances there. least equal to the extreme height of such ground sign to shall cover or interfere with any door or window or fire from the ground upon which it is located, except where escape of any such building, provided, however, that located on State or Federal Highways, where such set any sign so erected flat against any wall may extend far ' back shall be not less than 25 feet from the street line enough from said wall to permit the safe and proper of such street, and except that electric arms for the construction of the same; and provided further, that illumination of any such sign may extend not more than no such wall sign shall,be erected and face any alley. six feet in front of such sign. If any buildings have (Sec. 17, Ord. 3999, 1-8-31) been constructed on the same side of the street within the block on which said sign is located such sign shall not 22-218. Roof Signs; Requirements, Every roof sign be constructed or maintained nearer to the street line shall be wholly of metal and of steel frame and con- - than the front line of any building next adjacent, on struction, and shall be safely and securely anchored to either side to such sign. In no event shall any such the building in a manner satisfactory to the Building sign be located nearer than 25 feet from the corner of Inspector, and in such a manner that the maintenance any intersection street. (Sec. 14,Ord. 3999, 1-8-31) thereof will not be dangerous to the public. (Sec. 18, Ord. 3999, 1-8-31) 22.215. Ground Signs; Requirements. No ground sign shall extend more than fifteen feet in height from 22-219. Licenses; Exemptions. That part of -this the ground nor shall the bottom of the solid portion of article requiring the securing of a license•and the pay- any such sign be closer than two feet to the ground, pro- ment of a license tax shall not apply to any sign or bill- vided that the space beneath such sign may be filled in board owned, leased, maintained and/or operated ex- with decorative lattice work. No such sign nor any part elusively by the person whose business is advertised there- thereof or any ornamentation connected therewith shall on, and•which is used exclusively for the purpose of ad- be erected, constructed or maintained within three feet vertising the business of or commodities sold or dealt in from the side line of any lot or tract of land upon which by any such person, but each and every other provision the same may be located or nearer than five feet to any of this article shall apply to each such sign or billboard; building, or within three feet of any other such sign, pro- and each person so desiring to erect or maintain vided that the space between any such sign, may be filled such sign shall make proper application annually, to the in with decorative lattice work. No such ground sign City Clerk for a permit to erect and/or maintain the shall exceed 50 feet in length. Each such sign shall be of same and made a deposit of the inspection fee required by modern, safe and substantial construction, sufficient to this ordinance, which application shall be delivered to the make it safe from the ordinary hazards of windstorm and Building Inspector who shall inspect the same as in this fire and the method of construction shall be subject to article provided, and all other provisions of this article the approval of the Building Inspector. • Each sign shall shall apply to such sign, the construction and the main- be maintained at all times in accordance with such re- tenance thereof. Any permit issued pursuant to this quirements. (Sec. 15,Ord. 3999, 1-8-31) article shall expire on December 31st following the is- 22-216. Area Around Signs to be Kept Free of suance thereof. (Sec. 19, Ord. 3999, 1.8-31, Revised, • Weeds, Etc. All of the ground owned or leased by the 1948) licensee for the erection, construction and maintenance 12-220. Advertisement of Personal Business; Require- of a billboard or sign, and in any event all ground ments. Any person who desires to construct own, operate between such sign and the street which it faces, and for and maintain any sign or billboard for the advertise- five feet on each side thereof, shall, at all times be kept meat of his own business or of commodities sold or dealt free from weeds, trash or other debris and unsightly ma- in by such person, but who is not required to secure a terial and in a sanitary condition by the person owning, license as required herein, shall file annually an applica- operating or maintaining such sign. (Sec. 16, Ord. Lion with the City Clerk for a permit to maintain such 3999, 1-8-31) signs or billboards giving the location or proposed loca- 22-217. Wall Signs; Regulations. No wall sign non of any such signs or billboards, and shall deposit shall be erected and/or maintained unless the same be with the City Clerk the inspection fees as provided for in painted or posted directly upon the wall of a building, this article, which application shall be referred to the or attached or affixed directly to and flat against such Building Inspector, who shall thereupon proceed to make wall, provided that arms for the illumination of any such an inspection thereof in the same manner as hereinbefore wall sign may extend not to exceed six feet in front of provided. If upon such inspection, the Building Inspector any such sign and shall be not less than ten feet above the shall find that the construction of any such sign or bill- ground or sidewalk level. Any such sign when attached board does not conform with the provisions of this article • 188 ORDINANCES OF THE CITY OF SALINA, KANSAS i or that the location or proposed location thereof is in board, immediately remove such poster, and every part violation of any of the provisions of this article or of thereof,therefrom. (Sec. 24, Ord. 3999, 1-8-31) the provisions of any other ordinances in the City of Sa- 22-225. Violations—Notice Removal of Signs. If lino, he shall endorse such findings on the application, any sign or billboard is now or hereafter erected, owned, and no sign or bilboard shall be erected at such location, operated, and/or maintained within the City of Salina and if erected any such sign or billboard shall be in violation of any of h p f romptly removed from such location. If upon such in- Y o the provisions of this article ector spection the Building Inspector shall find that the sign any other existing ordinance, the Building Inspector shall immediately notify the licensee thereof, or the per- 04 billboard or the proposed sign or billboard, and the son owning, maintaining and/or operating the same, or location thereof conforms with this and other provisions the owners of the land upon which the same is located, of of the ordinances of the City of Salina, he'shall endorse such violation, and if within ten days from the giving of such finding on the application and return the same to such notice any such the City Clerk, who shall thereupon issue a Y person shall not remove such sign Y p permit for or billboard, or shall fail to comply with any of the pro- the maintenance and operation of such sign or bill- visions of the ordinance which are being violated, the board. (Sec. 20,Ord. 3999, 1-8-31, Revised, 1948) Building Inspector shall remove such sign or billboard at the expense of any such person, which expense shall be 22-221. Name. The name of the person owning, operating and/or maintaining any sign or billboard gov- reported to the Board of Commissioners by the Build- erned by the provisions of this article shall be attached ing Inspector and assessed against any such person or the land upon which such billboard is located, and col- in a conspicuous place to each such sign or billboard. (Sec. 21, Ord. 3999, 1-8-31, Revised, 1948) lected as other special taxes are collected, or the same may be collected under the provisions of the bond herein 22-222. Single Bond Required. Only one bond, as required, and'in addition thereto, the license or permit required by this article, shall be required of any ap- issued for any such sign or billboard may be revoked by plicant for a license as provided for herein, and if any the Board of Commissioners. (Sec. 25, Ord, 3999, person applying for a license shall have previously filed 1.8-31, Revised, 1948) such bond and the same shall be in force and effect, no additional bond shall be required for the issuance of 22-226. Definitions. The term "person" as used in such additional license. Whenever any bond shall ex- this article shall be deemed to include any individual, pire or,be cancelled by the surety, and the licensee shall co-partnership, association or corporation, or any agent, fail within 10 days thereafter to file a new bond, the servant, representative, member, officer, manager or di- license of such person shall be cancelled by the Board of rector thereof. (Sec. 26, Ord. 3999, 1-8-31, Revised, Commissioners. (Sec. 22, Ord. 3999, 1- 1948) ( 8-31, Revised, 1948) 22-227. Definition. Any person who shall violate '22-223. Real Estate Signs. This article shall not or shall fail to comply with any of the provisions of this •apply to signs having an area of not more than thirty- article shall be deemed guilty of a misdemeanor and six'sduare feet, located on real estate within the lot lines, upon conviction shall be punished by a fine of not less (Sec, than $10.00 nor more than $25.00 for each offense, and and advertising such real estate for sale or rent. each days continued violation of or failure'to comply 23, Ord. 3999, 1-8.31, Revised, 1948) with this ordinance shall be deemed to constitute a sep- 22-224. Pasted Posters. No person shall permit orate offense, and provided further, that upon conviction any pasted posters to remain on any sign or billboard of more than one violation of this article in any year by after such posters or any part thereof shall have been any person required to have.a license under the provisions loosened or torn from any such sign or billboard, and of this article, the license of such person may be revoked every person shall, when any such poster or any part by the Board of Commissioners of said city. (Sec. 27, thereof becomes loosened from any such sign or bill- Ord. 3999, 1-8-31, Revised, 1948) • • • • CHAPTER 23. STREETS - 189 CHAPTER 23 STREETS house or building described in such application, and, if in his opinion, such house or building is in a proper and Article 1. House Moving fit condition to be moved to the destination designated by Article Z. Numbering of Buildings the applicant, and that after such moving it will remain •Article 3. Driveways in a proper and fit condition for the use intended, he Article 4. Excavations shall endorse his certificate of approval upon the ap- Article 5. Grades; Bench Marks plication. If the application is approved by the Build- Article 6. Miscellaneous Matters Relating to Streets ing Inspector he shall submit the same to the Fire Chief Article 7. Protection of Paving and Sidewalks for his approval of the route over which such building is Article 8. Construction and Maintenance of Inter- to be moved. Such approval shall be noted on the ap. sections with Railroads - plication, and if the route is rejected, the Fire Chief Article. 9. Street Lights at Railroad Crossings shall note thereon a route which is satisfactory to him. Article 10. Service Pipes and Sewers Ahead of When such application is filed, with the certificate of such • Paving Building Itsspector and Fire Chief noted thereon, the Article 11. Sidewalks, Curbing, Guttering, Drive- Cit Clerk shall issue the ways, Etc. y permit provided for in the preceding section thereof. (Sec. 2, Ord. 2947, 3-8.24) Ref: Wires over,Sec. 18-1339 23-103. Removal of Wires; Charges. Any person ARTICLE 1. House Moving or persons desiring to .move any such house or other 23-101. Moving House or Building; Permit Re- building, on, over or across any street, avenue, alley or quired other public thoroughfare, across or along which any 23-102. Building Inspector; Fire Chief Approve telegraph, telephone, electric light or fire alarm wires Route; Clerk Issue Permit have been placed, shall give to the person, firm or cor- 23-103. Removal of Wires; Charges poration owning or in charge of such wires at least twen- 23-104. Moving Along Certain Streets Prohibited ty-four (24) hours' written notice of the time and 23-105. Standing in Streets; Signals place, when and where, it may be necessary to cut or 23-106. Signals at Ends of Block remove such wires to permit the moving of such house 23-107. Extending Over Curb Line or other building and shall deposit in advance with such 23-108. Trees; Trimming; Supervision; Responsi- person, firm or corporation the estimated cost of cutting, ' bility • removing and replacing such wires. The owner or per-, 23-109. Violation; Penalty son in charge of such wires shall, within a reasonable 23-110. Bond Required; Sureties time after the hour mentioned in such notice, remove said Moving House or Building; Planking Re- id wires for a sufficient length of time to permit such moving, and the entire cost and expense of removing, quired cutting and replacing of said wires, including the time 23-112. Violation Sec. 23.111; Penalty Ref: 99 Kan. 608; 126 Kan. 103 spent by the employees of the owner of such wires in going to and from such place, so as to permit the moving 23-101. Moving House or Building; Permit Requir- of any such house or other building, shall be paid by ed. That no person or persons, either as an individual the person or persons making such request, provided . or as the agent, employee, officer, representative or mem- however, that where such wires are less than twenty (20) ber.of any firm or corporation shall move any house or feet above the surface of the street the owner shall re- other building, or any part thereof from one place to an- move and replace the same without charge; provided, other within the City of Salina, Kansas, and through, however, that if by the terms of any existing franchise over, on or across any street, avenue, alley or other or ordinance, any person, firm or corporation has been ' public thoroughfare within said city; without first making given the right to maintain wires on, along or across any application for, and securing a permit so to do from the street or public thoroughfare in the City of Salina at a City Clerk of said city. The application shall contain distance of not less than sixteen (16) feet from the a description of the building, its location, the location to ground, then the person, firm or corporation owning which it is to be moved and the proposed route; and for such wires shall not be required to remove and replace such permit such applicant shall pay to the City of the same without charge unless such wires shall be less Salina, Kansas, at the time such application is filed, a fee than sixteen (16) feet above the surface of street. (Sec. of two dollars ($2.00) to be paid to the City Clerk. (Sec. 3, Ord. 2947, 2-8-24; as amended by Sec. 1, Ord. 2963; 1,Ord, 2947, 3-8-24) 4-14-24) 23-102. Building Inspector; Fire Chief Approve 13-104. Moving Along Certain Streets Prohibited. Route; Clerk Issue Permit. Before any such application It shall be unlawful for any of the persons mentioned in is filed it shall be referred to the Building Inspector of section 23-101 of this article to move any house or other the City of Salina, Kansas, who shall inspect any such building into, along, through, upon or across Santa Fe • • 190 ORDINANCES OF THE CITY OF SAUNA, KANSAS Avenue, Fifth Street and Seventh Street, between the I broken, cut off or removed by any such person or persons south line of Elm Street and the south line of Walnut for the purpose of moving any house or building, ex- Street, or into, through, along, upon or across Ash ceps under the direction and supervision of the Superin- Street, Iron Avenue or Walnut Street in said city between tendent of Parks of the City of Salina or of a person the east line of Fourth Street and the west line of Ninth duly authorized by him, and in such manner and way Street, except that for the moving of any house or other and with such treatment of said tree thereafter as may building across the Smoky Hill River or across or along be approved by said Superintendent of Parks, Any per- any of such streets, a special permit may be granted by son so breaking or removing any tree or part thereof as the City Manager. (Sec. 4, Ord. 3947, 3-8-24 Revised herein provided for or who shall direct or request such 1948) breaking, cutting or removing, or who may be respon- 23.105. Standing in Streets; Signals. It shall be sible therefor, shall pay the expense of such supervision and the expense of any employees of said Superintendent unlawful for any of the persons mentioned in section of Parks or of the City of Salina in and about such • 23-101 of this article to permit any such house or other supervision or in the cutting or treatment of such tree building to stand in or upon any street, avenue, alley or provided , • ded however, that this section shall not be deemed any other public thoroughfare in said city between the to permit the cutting or trimming of any tree contrary hour of sunset'and the hour of sunrise without placing to the provisions of the laws-of the State of Kansas, nor and maintaining between such hours aforesaid, in a to relieve any such conspicuous position on said house or other building,-at Y suc person of-any liability on account of any such cutting,or trimming as provided for by the least three red lights or lanterns on each side of such laws of the a State of Kansas, and provided further that house from which direction any traffic may-approach,and for the purpose of this section, the Superintendent of without placing and maintaining between such'house, Parks or his employees or other employees of the City of upon any and all apparatus or equipment used in con- Salina, shall, when engaged in the cutting, trimming or action with such house moving, and remaining in any removing of any tree or such street and thoroughfare, a sufficient number of right e Y part thereof for the purpose of lights of lanterns-so as to make the same visible to all permitting any house or building to be moved, or when engaged in any manner in trimming or cutting any tree approaching traffic. (Sec. 5, Ord. 2937, 3-8-24 Revised or part thereof at the direction or request of any, such• • ]948) person, be deemed to be the agent and representative of •• .23-106. Signals at Ends of Block. If any such the person'on whose behalf such cutting and trimming house:or other building shall be left standing in any is done, and who secured the permit for moving such street at night or at any other time, while no work is house or other building, and such person shall be being done in connection with the moving thereof, the responsible for the acts of such Superintendent of Parks person, firm or corporation doing such moving shall or any other such employees in connection with the place at each end of the block a warning sign of such cutting, trimming or destruction of any such tree or size and method of construction as may be approved by parts thereof. (Sec. 8, Ord. 2947, 3-8-24, Revised 1948) the Street Commissioner, which shall, however, leave space at either side of such sign for the passing of traffic, 23-109. Violation; Penalty. Any person, either as for the purpose of notifying users of such street that the an individual or as the officer, agent, representative, em- same is blocked and impassable, and any such sign shall Ployee or member of any firm or corporation, and wheth- be sufficiently lighted at night so as to make it plainly er as the owner or as the representative of such owner of visible to all approaching the same and the person so the house being or to be moved, or whether as the con- moving any such house or building at the close of work tractor for the moving of any such house, who shall on each day notify the Fire Chief of the exact location violate any of the provisions of this article,'or who shall of any such house or other building in any street, avenue, order, direct, authorize, or permit the violation of any alley or other public thoroughfare in the City of Sall . , of the provisions of this article shall be deemed, upon (Sec. 6, Ord. 2947, 3-8-24) conviction thereof, guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more 23-107. Extending Over Curb Line. No house or than $100.00 for each violation, provided, that each and other building shall be moved over, through, on or across every violation of any provision of this article shall be any street, avenue, alley or other public thoroughfare in .eemed a separate offense and that each separate day's • the City of Salina, where any part of such house or violation of the provisions of this article shall be deemed building extends over either curb line of such street,alley a separate offense and provided further, that the person or public thoroughfare, except in the block from which making the application for the permit provided for in or into which the house is to be moved. (Sec. 7, Ord. this article, whether as an individual or as an agent, em- 2947, 3-8-24) ployee or representative of any firm or corporation shall 23.108.Trees; Trimming; Supervision; Responsibility. be deemed to have authorized and shall be responsible for No tree nor any branch, limb or part thereof shall be any violation of this article by any other person in any • CHAPTER 23. STREETS 191 • way connected with the moving of such house or build- of planking where required and used, shall not relieve the ing, but nothing,herein contained shall be considered as person moving any such house or other building or the relieving any other person from responsibility of any surety on bond, from liability for any damage which violation of the terms of this article of which such per- may be done to any pavement over or along which son may be found guilty. (Sec. 9, Ord. 2947, 3.8-24 Re- such house or building may be moved. (Sec. 1, Ord. vised 1948) 3541, 6-9-28;Amd.'Sec. I, Ord. 3620, 11-22-28) 23-110. Bond Required; Sureties. That before the 23-112. Violation Sec. 23-111; Penalty. Any per-' issuance of any permit by the City Clerk, as provided son who shall move any house or other building in the for in section 23-101, the applicant therefor shall file with City of Salina contrary to the provisions of this article said City Clerk a bond in the sum of $2,000.00, condi- shall be deemed guilty of a misdemeanor and shall be tioned that said applicant shall and will carry out and punished by a fine of not less than $25.00 and not more perform all of the duties imposed upon him by the pro- than $500.00 for each offense. (Sec. 2, Ord. 3541, visions of this article, and that such applicant will in- 6-9-28 Revised 1948) demnify and save harmless the said City of Salina.and all other persons from and ancr against all damages and in- ARTICLE 2. Numbering of Buildings jury caused by such moving and from and against all claims for injury or damage whatsoever suffered or 2340 L. All Buildings Numbered claimed to have been suffered on account of the moving 23-202. Starting Points • of any such house or building or on account of the 23-203. Even and Odd Numbers; 25 Feet for Each omission or commission of any act in connection there- Number with, and indemnifying the City of Salina and the public 23-204. Size of Figures and any and all persons against any injury, damage or 23-205. City Engineer Assign Numbers • loss suffered by them or caused by reason of said moving 23-206. Violation; Penalty or resulting therefrom or from the violation of any of Ref: Removal of Numbers,Sec. 18-1110 the terms of this ordinance. Such bond shall be ap• 23-201. All Buildings Numbered. That all the proved as to form by the City Attorney of the City of business houses and dwellings situated within the cor- Salina and as to the sufficiency of the sureties by•the City porate limits of the City of Salina shall be numbered Manager of the City of Salina. Any individual who is in the manner and according to the plan hereinafter damaged by reason of such moving, may file suit di- specified. Sec. 1,Ord. 621, 1-16-88) rectly against the.surety named in such bond.- One bond may be filed by any person to cover any and all 23-202. Starting Points. The initial or starting moving of houses or buildings by such person during the lines shall be Santa Fe Avenue and Iron Avenue; num- period of such bond. Any surety may cancel any such bering as follows: North and South from Iron Avenue bond as to future liability by giving ten days' notice in and East and West from Santa Fe Avenue, and allowing writing of such cancellation to the City Clerk, to take 100 numbers to each block. All short and angling streets effect at the expiration of said`ten days, and after the shall take the nearest parallel corresponding block num- giving of such notice, no permit shall be issued to the ber. (Sec. 2, Ord. 621, 1-16-88) principal and in such bond until he shall file another. 23-203. Even and Odd numbers; 25 Feet for Each bond as required by this section. (Sec. 10, Ord. 2947, Number. The even numbers shall be put on the right 3.8-24, Revised 1948) hand side of the streets and the odd numbers on the • 23-111. Moving House or Building; Planking Re- left hand side of the streets allowing not more than quired. That no house or other buildings shall be moved twenty-five (25) feet for each number. (Sec. 3, Ord. over or along any paved street in the City of Salina un• 621, 1-16-88) less planking not less than 2 inches in thickness, of a 23-204. Size of Figures. The figures used shall not width equal to the full width of the rollers on which said be less than two and one-half (21/2) inches high. (Sec. 4, building is moved, shall be laid under all such rollers: Ord. 621, 1-16-88) Provided, that where any such house or building has a • total floor area on all floors intended for living or busi- 23-205. City Engineer Assign Numbers. It shall be ness purposes, of 1250 square feet or less, the person the duty of the City Engineer to see that all buildings • moving the same, with the consent and written permission which may hereafter be erected, or changes in the fronts of the City Engineer, on a showing made to such en- of buildings already erected shall be supplied with the gineer that such house or building can be moved with- number or numbers to which they shall be entitled under, out planking without injury to the paving on any street, this article by the owners thereof and in all such cases omit such planking on any such street or such part there-. the figures shall correspond with the plan or system and of as may be described in such permit, provided, how- I specifications herein contained. (Sec. 5, Ord. 621, ever, that a permit to omit such planking, or, the use 1-16-88 Revised 1948) • • 192 ORDINANCES OF THE CITY OF SALINA, KANSAS 23-206. Violation; Penalty. Any person who shall ing and guttering, no driveway or driveway returns, from fail to number his buildings as provided by this article any street to private property abutting thereon shall be shall be deemed guilty of a misdemeanor and upon con- constructed or used excepting upon compliance with the viction thereof in the Police Court shall be fined in any following provisions of this article.. (Sec. 4, Ord. 4166, sum not exceeding Five ($5 00) Dollars. (Sec. 6, Ord. 6-14-32 Revised 1948) 621, 1-16-88 Revised 1948) 23-305. Same; Requirements. Whenever any curb- ARTICLE 3. Driveways ing and guttering, or curbing, guttering and paving is hereafter constructed by any contractor pursuant to a 23-301. Cutting Curb; Permit Required contract with the City of Salina for such work, such 23-302. Specifications of City Engineer; Condition contractor shall not be permitted and he is hereby pro- . of Permit hibited from installing any driveway returns in any curb- 23-303. Violation of Permit; Penalty ing being or to be constructed by him unless the owner of 23-304. Cutting Curb; Unpaved Driveways the property to be served by such driveway or driveway • 23-305. Same; Requirements returns shall make arrangements, either with such con- 23-306. Curb; Reconstruction tractor or with some other person engaged in and auth- 23-307. Violations; Penalty orized to do similar work, for the construction of a paved 23-301. Cutting Curb; Permit Required. That no and curbed driveway leading to the property line of such person, firm or corporation shall cut into, destroy or re- property, and proof of such arrangement shall be fur- move any curbing along or on any street in the City of nished to the City Engineer before any permit for such Salina now or hereafter existing, for the purpose of aE• work is issued, all of such work to be constructed in ac- fording an entrance for a driveway from such street to cordance with specifications for such work prepared by any private property abutting thereon, or for any other the City Engineer and on file in his office and in the purpose, without first securing from the City Engineer office of the City Clerk; provided, that where such pro- of the City of Salina, a permit therefor. (Sec. I, Ord. posed driveway crosses a cement sidewalk in good condi- 2874, 11-5-23) tion, such driveway shall be constructed only to the edge of such concrete sidewalk nearest the street; Provided 23-302. Specifications of City Engineer; Condition further, that if the street in which any such driveway or of Permit. That no permit for the purpose mentioned driveway returns are to be constructed is nor paved, or in the preceding section hereof, shall be issued by the if the paving thereof has not been contracted for, then City Engineer to any person, firm or corporation, except the driveway to be constructed need not be paved at that on the express condition, which shall be provided for in time, if the owner of the property shall file with the City such permit, that such driveway shall be constructed in Clerk, as a condition to securing a permit for such accordance with plans and specifications as to size, ma- driveway return, a written agreement to construct the terial and construction to be furnished by said City paving in such driveway whenever the paving in such Engineer, which plans and specifications shall be made street is constructed. (Sec. 2, Ord. 4166, 6-12-32) a part of such permit, and shall be completed within thirty (30).days after the date of the issuance of such 23-306. Curb; Reconstruction. In the event the use permit. (Sec. 2, Ord. 2874, 11-5-23). of any driveway into private property from a street and is not used for access thereto, or that a building or strut- 23-303. Violation of Permit; Penalty. That if the cure, is erected at or near the property line so as to not terms and conditions of such permit, either as to the block access upon the property from the street, to which completion of said driveway from the curb line to the the driveway admits access, in the "C" Commercial Dis- property line or as to the specifications for the construe- trict, "D" Light Industrial District or "E" Heavy In- tion thereof shall not be complied with within the time dustrial District as the limits of those districts are now above mentioned the person applying for such permit or may be hereafter defined by ordinance No. 3188 (zon- either for himself or for any firm or corporation shall be ing ordinance) of the City of Salina, then it shall be the deemed guilty of a misdemeanor and shall, upon con- duty of the owner or occupant of such land.to recon- viction thereof, be subject to a fine of twenty-five struct the curb, gutter and sidewalk omitted or removed ($25.00) dollars, and provided further, that each day's from any part of the street in compliance with plans and failure to comply with the conditions of such permit specifications provided therefor by the City Engineer. after the time limited herein shall be deemed a separate (Revised 1948) offense, punishable by a fine of $5.00 for each such 23-307. Violations: Penalty. Any person who shall subsequent offense. (Sec. 3, Ord. 2874, 11-4-23) violate any of the provisions of this article, or who shall 23-304. Cutting Curb; Unpaved Driveways.. That fail to construct the paving of any such driveway°, after because of the damage to pavements and curbing and the street paving in such street is constructed and shall guttering resulting from the flow and seepage of water maintain such unpaved driveway, in violation of the from unpaved driveways to and under such paving, curb- agreement made by any such person as a condition to • CHAPTER 23. STREETS 193 securing a permit for the construction of any such drive- which may be granted to him under the provisions of this. way, shall be deemed guilty of a misdemeanor and upon article for the making of any excavation in any street, conviction shall be fined not less than $25.00 for each alley or other public grounds in the City of Salina, and offense. (Sec. 3,Ord. 4166, 6-14-32 Revised1948) • that all work done thereunder shall be done in strict con- . formity with all ordinances of the City of,Salina relating ARTICLE 4. Excavations to such work and in accordance with the plans and specifications of the City Engineer relating thereto, and 23-401. Excavations; Permit Required that the principal in said bond will indemnify and save 23-402. Permit; Application - harmless the said city and all other persons against all 23-403. Same; Bond costs, damages and injuries sustained by said city or by 23-404. Same; Deposit for Cost of Refilling;Charges any other person whomsoever, by reason of the careless- 23-405. Filling to be Done by Street Department ness or neglect of the principal of said bond or his 23.406. Same; Refunds on Deposits; Permits to agents, servants, employees or representatives, either on Public Service Corporations account of their failure to comply with the provisions of 23-407. Refilling Excavations; Notice to City En- the ordinances of the City of Salina relating to such gins& work or with the rule's and regulations adopted pursuant 23-408. Money Credited to Street Department Fund thereto or with any of the plans and specifications gov. 23-409. No Rod or Stake Driven Through Pave- erning the performance thereof, or otherwise; and no meet - • bond so given by any person shall be cancelled nor shall 23-410. Excavations to Precede Paving; Property the surety thereon be relieved from further liability un- Owners Notified; No Paving Broken for der any such bond until he shall file with the City Clerk One Year • a notice in writing at least ten days prior to the date of 23-411. Excavations; Signals; Regulations the cancellation thereof, of the intention of said surety 23.412. Removal of Signals, Etc. of its cancellation of liability under such bond and 23-413. General Penalty after the filing of such notice with the City Clerk, no 23-401. Excavations; Permit Required. No person, further permit shall be granted to the principal in any firm or corporation shall make any excavation in any such bond so cancelled until a new bond shall have been street, alley or other public ground in the Cite of Sa- filed and approved, and provided further, that no can- lina, for any purpose whatoever, except excavations re- cellation of any bond shall affect the liability of the quired for work, under contract with the City of Salina Principal or surety thereupon on any 'work done pur- for which usual performance and maintenance bonds are suant to any permit issued prior to the receipt of the required until he shall first secure from the city engineer notice of such cancellation. (Sec. 3, Ord. 3644, 12-26-28 a permit, countersigned by the City Clerk, to make such Revised 1948) excavation. (Sec. I, Ord. 3644, 12.26.28) 23-404. Same; Deposit for Cost of Refilling; Charges. 23-402. Permit; Application. For the purpose of No such permit shall be granted to any person until he obtaining the permit above mentioned the person desiring shall deposit with the City Clerk a sum sufficient to cover the same shall file with the City-Engineer a written ap. the cost of refilling said excavation and of replacing, re- plication, signed by such person,.which shall show the lo. pairing and maintaining any pavement over such excava- cation, size and purpose of the excavaton and such other lion as provided for herein, the amount of deposit so re- information as may be required by'the City Engineer. A quired to be estimated by the City Engineer As provided duplicate copy of such aplication approved by the City for in Section 23-402 of this article, in no case to be less Engineer, and on which he shall note the amount of the than $10.00. The City Engineer shall prepare.a sched- estimated deposit, as required by section 23-404 of this ule of charges for the refilling of and the replacing, re- article, shall be filed with the City Clerk. (Sec. 2, Ord. pairing and maintenance of the pavement over such ex- 3644, 12-26-28 Revised 1948) cavation, which schedule shall be filed in the office of the 23-403. Same; Bond. No such permit shall be• City Clerk and the City Engineer. (Sec. 4, Ord. 3644, 12-26-28 Revised 1948) granted until there shall be filed with the City Clerk a . bond to be given by the applicant as principal with good 23-405. Filling to be Done by Street Department and sufficient sureties approved by the City Manager, The filling and tamping of all such excavations and the in the principal sum of not less than $2,000, running.to repair of all pavements over any such excavation shall be the City of Salina as obligee for the benefit of the City done by the street department on order of the city en- of Salina and any other person who may be injured by gineer and in accordance with the specifications for such any violation of the conditions thereof, such bond to be work prepared by the City Engineer. The City Engineer conditioned for the faithful performance by the prin. shall from time to time prepare standard plans and cipal thereof of all work which may be done by him specifications for the making of excavations in the within the period covered by said bond under any permit streets, alleys and other public grounds of the City of • 194 ORDINANCES OF THE CIT-Y.OF'SALINA, KANSAS Salina and for the making of pavement cuts and for re- same has been taken charge of by the Street Depart- filling and tamping the same and for repairing pave- ment as provided for above or until the expiration of meets, which shall be submitted to the Board of Commis- twenty-four hours, exclusive of Sundays and legal holi- sioners for approval, and when so approved shall.be days, after the City Engineer has received written no- filed in the offices of the City Clerk and the City Engineer, rice'that the excavation is ready for refilling, and after and it shall be a condition of any permit issued under the expiration of said twenty-four hours, exclusive of this article that the person'receiving the same shall corn- Sundays and legal holidays, from the receipt of notice ply in all respects with all such standard plans and by the City Engineer, the person making such excavation specifications. (Sec.- 5, Ord. 3644, 12-26-28 Revised under any such permit shall not be liable in connection 1948) with any injuries which may be sustained in connection with Same; Refunds on Deposits; Permits to Pub- tth such excavation except such as may result from de- lis Service'Corporations. Upon notification by the City fective work done by such person in connection with Engineer that any excavation is to be refilled the Superin- such excavation, or the actual negligence of such per- tendent of Streets shall, within 24 hours exclusive of Sun- son. (Sec. 7,Ord. 3644, 12-26-28) days and legal holidays, take charge of such excavation 23-408. Money Credited to Street Department Fund. and shall refill the same and make all necessary paving All money received by the city to pay the cost of refilling repairs all in accordance with the plans and specifica- excavations and repairing pavements shall be credited to [ions of the City Engineer, and shall certify to the City the Street Department fund. (Sec. 8, Ord. 3644, Clerk the quantitites of filling and paving repairs re- 12-26-28) quired and the-total charges as calculated.from such 23.409 No Rod or Stake Driven Through Pave- quantities and the schedule of charges prepared by the City Engineer shall be char ed against the ment. No person, firm or corporation shall at any dine, g g person obtain- for an ing the permit for the excavation, and taken out of the any purpose whatever, drive any rod or stake through deposit made when the permit therefor was issued, and any pavement on any street, alley or other public ground, the balance, if any, refunded to such in the City of Salina, without first obtaining the written. person, or if the permit of the City Commission to do so. (Sec. 14, Ord: deposit is found to be insufficient to pay such charges, .1882 9.25-15 Revised 1948) such person shall pay the balance due thereon to the City . Clerk immediately on demand;.Provided, however, that 23-410. Excavations to Precede Paving; Proporty the city engineer may permit any public service cor- Owners Notified; No Paving Broken for One Year. potation to furnish labor and materials and refill ex- Whenever a street, avenue or alley is about to be paved, cavations and repair pavements under the supervisions the City Engineer,.or his authorized representative, shall of- the street department, in which case the deposit to notify the property holders, lessees or tenants on such cover cost of repairs may be waived and the charges street, avenue, or alley, so that all,water, steam, gas, against the public service corporation shall be the actual drain or sewer connections can be made prior to the pav- cost to the street department of such supervision plus ing of the same. After the sub-grade has been rolled 25 per cent for overhead, but the application and permit preparatory to the laying of the pavement,•no permit required by this article.shall be required in all cases and shall be issued for the excavation in or on said street with- all such work shall be done strictly in accordance with in twelve months from the completion of-the paving, ex- . the plans and specifications of the City Engineer as here- cent for the purpose of repairing leaks in any water, in provided for. (Sec. 6, Ord. 3644, 12-26-28 Revised steam, gas, drain, sewer or other pipe or conduits, mean- 1948) ing hereby to prohibit excavations for all new work in said block within the time above mentioned. (Sec. 4, 23-407. Refilling Excavations; Notice to City En- gineer. The person to whom any such permit is issued Ord. 1695, 12-16-12) shall notify the City Engineer in writing when he is , 23-411. Excavations; Signals; Regulations. Every ready'for the excavation to be refilled. The City En- person, persons, company or corporation to whom any gineer shall note thereon the time of receipt of such no- permit is issued,as hereinbefore provided,shall enclose all tice and shall immediately order the street department to excavations .which he or they may make in the public refill the excavation and the Street Department shall streets, avenues or alleys with sufficient barriers and dan- within twenty-four hours, exclusive of Sundays and legal ger signals at all times; and.must maintain sufficient holidays, take charge of such excavation and shall there- red lights at night, and must take all the neces- after maintain the necessary barriers, barricades and lan- sary precautions to guard the public against all accidents terns until the refilling and repaving is completed and from the beginning of said work to the completion of the ready to open to traffic. The person to whom the per- same, and shall only make such excavations on condition hilt is issued'shall maintain all barriers, barricades and that he is or they are liable for all damages that may re- lanterns and shall be responsible for all damages or in- suit from the necessary prosecution against the City of juries arising from or incidental to such excavation until Salina in consequence.of, any accident or accidents to • • CHAPTER 23. STREETS 195 persons, animals, vehicles, conduits or property of any Ref: Molesting grade stakes, etc. Sec. 18-1118. kind, and such persons, person, company or corporation 23-501. Bench Marks Established. That the bench shall also be liable to the City of Salina on their bond for marks heretofore established in the City of'Salina by the same. Trenches or ditches in depth of six feet or the United States Coast and Geodetic Survey and placed more, and in all made or otherwise treacherous soil,.or upon certain established buildings and at other places in near buildings, the sides of said trenches or ditches shall the City of Salina, as hereinafter set forth, be and they• be so braced as to prevent caving or injury to the adjoin- are hereby established as the official' bench marks to be ing premises; and the party excavating and his bondsmen used in ascertaining and fixing the elevations arid grades shall be liable to said City for all damages arising by rea- of the streets and alleys in the City of Salina, the location son of the neglect or carelessness in this respect. All ex- of said established bench marks and their elevations cavating and refilling shall be made-with such material above sea level, as fixed by said Survey, (and as shown and in such manner as may be directed by the City on pages 38 and 39• of Bulletin 571 of the United States Engineer, or his authorized representative, and all pay. Geological'Survey of the Department of the Interior), ing, curbing, guttering or macadamizing shall be replaced located in what is known in the records of said Depart- and renewed in as perfect and substantial condition as ment as the "Salina Quadrangle," being as follows, to- • before being disturbed; and all such paving, curbing, wit:• guttering and macadamizing shall be done by men who are experienced in such work and fully qualified to do Salina, in the northeast part of, east of tanks of the same in a proper and substantial manner. Any Standard Oil Co., 42.75 feet north of line of telegraph directions that may be given, either in writing or orally, poles which parallel on north side of the Union Pacific by the City Engineer, or any person intrusted with the R.R. track, 10 feet east of north-south fence bounding supervision of such work, to any person, persons, or cor-. land of Standard'Oil Co., in limestone block 30 inches poration engaged.in making or refilling any such excava- square and 15 inches high, set in concrete, which is sur- tion shall be immediately obeyed; and the violation of face mark of Station; top of copper bolt lettered "U.S.C. such directions, or the failure to perform the same, shall &G. 18 96 Survey" (C.&G.S.b.m. Salina West Base) be deemed a violation of the provisions of this article. All 1,220,008 feet. parties making excavations under the provisions of this Salina, 'Missouri Pacific Ry. station, which is con- article in any of the streets, avenues, alleys or side- strutted of rough stone, under window in west side of bow walks of said city, shall, at all times be required to keep window in front of building, in face of stone window open in said streets, avenues, alleys and sidewalks good, sill;.intersection of two lines forming,a cross, marked ' sufficient, secure and unobstructed passageways for the "U.S.C.&G.S.B.M." (C.&G.S.b.m.F 1) safe passage of all vehicles and pedestrians. (Sec..5, 1,224.506 feet Ord. 1695, 12-16-1912 Revised, 1948) Salina, brick building owned and occupied by H. D. 23.412. Removal of Signals„etc. Any person, per- Lee Mercantile Co., at left side of steps to main en- sons, company or corporation who shall make or attempt trance on Santa Fe Avenue, in upper surface of stone to make any excavation or refill the same, or do or at- coping to vestibule; bottom of square cut, marked "U.S. tempt to do any other act, in violation of the provisions B.M." (C.&G.S.b,m.G I) of this article, or any person, company or corporation 1,225.828 feet who shall remove or attempt to remove from the site of (Sec. 1,Ord. 3077, 2-23.25, Revised, 1948) the excavation or work any of the barricades, danger 23-502. Present Grades; Contour Maps. That the signals or lights, required by the provisions of this article, present grades of all of the streets and alleys in the City shall be deemed guilty of a violation of the terms and of Salina Kansas, which are now paved,be and the same provisions of this article. (Sec. 7, Ord. 1695, 1.2-16-12, are hereby declared to be the established grades'for such Revised, 1948) street and alleys, and that the City Engineer of the City 23.413. General Penalty. Any person who violates of Salina shall hereafter make a contour map of the any of the provisions of this article for which no other City of Salina, marking thereon the grades of such. penalty is provided shall upon conviction be fined in a streets and alleys, based upon the elevations referred to sum not less than Three ($3.00) Dollars nor more than in Section One (1.) hereof. (Sec. 2, Ord. 3077, 2-23-25). One Hundred ($:0000) Dollars. (Revised, 1948) 23-503. Grades Hereafter Established. That it shall be the duty of the City Engineer, whenever any ARTICLE 5. Grades; Bench Marks street or alley is graded or paved or any new sidewalk 23.501. Bench Marks Established , • placed thereon to establish and fix the grade of such 23-502. Present Grades; Contour Maps street or alley based upon the elevations established 23-503. Grades Hereafter Established and referred to in Section 23-501, and recorded as pro-• 23-504. Grades Established by Engineer; Change by vided in the next section hereof. (Sec. 3, Ord. 3077, Ordinance 2.23-25, Revised, 1948) 196 ORDINANCES OF THE CITY OF SALINA, KANSAS 23-504. Grades Established by Engineer; Change by in the City of Salina, Kansas, and which projects into Ordinance. That all of the grades of streets and alleys any such street or thoroughfare and onto the pavement in the City of Salina or any part thereof established or thereof, the culvert or runway herein referred to being fixed by the City Engineer, pursuant to the provisions of such as is commonly used for the purpose of driving this article be recorded by the City Engineer as a part of automobiles or other vehicles over the curb when no the permanent records of his office, and any such grade driveway entrance is cut into said curb. (Sec. 1,, Ord. shall thereafter be considered as the established grade of 2619, 11-20-1922). any. such street or alley until the same be changed by ordinance of the City of Salina. (Sec. 4, Ord. 3077, 23-605. Violation; Penalty. That any person who 2-23-25,Revised, 1948) shall violate the provisions of this article be fined in an amount not to exceed$50.00. (Revised, 1948) ARTICLE 6, Miscellaneous Matters Relating to Streets . ., • ARTICLE 7. Protection of Paving and Sidewalks- 23-601. Hedge Fences along Streets or Alleys 23-602. Growing Crops ' - 23-701. Removing Barrier Protecting Paving or • 23-603. Hauling Stone, Coal, Sand, Rubbish, etc. on Sidewalk - Streets; Wagon Bed; Violation; Penalty - - 23-702. thing Sidewalk or Paving Protected by 23-604. Wooden Culvert and Runways Prohibited Barriers 23-605. Violation; Penalty 23-703. Certain Construction; Permits Required Ref: Taking dirt from. street, Sec. 18-1125; En- 23-704. Stairway or Areaway; Protection; Require- croaching on and obstructing, Sec. 18.1125; Throwing ments trash on streets, Sec. 18,1124, Generally, Chap. 18, Art. 23-705. Penalty I1. 1 23-701. Removing Barrier Protecting Paving or 23-601. Hedge Fences along Streets or Alleys. It Sidewalk. That it shall hereafter be unlawful for any shall be unlawful for the owner or occupant of any real person to remove, displace, take away or in any manner estate in the City of Salina to permit or allow any hedge interfere or meddle with any barricade, barrier, obstruc- standing or growing thereon as a fence along any of tion, railing, light or other warning signal placed by the public streets or alleys of said city and be or become the City of'Slina, or any agent thereof or by any com- more than three feet in height or to permit or allow the pany or person acting under the authority or with the ' same to extend-into said streets or alleys more than one consent of said City, for the purpose. of protecting foot. (Sec. 1,Ord. 853, 6-18-1894, Revised, 1948) any pavement, sidewalk, or other public improvement in 23-602. Growing Crops. That it shall be unlawful the course of construction in said city. Sec. I, Ord. for any person to grow or raise, or permit to be grown 2613, 11.6-22). � . or raised on that portion of any lot or tract of land in 23-702. Using Sidewalk or Paving Protected by Bar- the City of Salina, lying within 15 feet of the property riers. 11 shall hereafter be unlawful for any person to line of any such lot or tract abutting upon any street walk upon or use any sidewalk or to use or operate any or avenue, or within 15 feet of any other property line kind'of vehicle upon and over any pavement in the ' of such lot or tract which abuts upon any other lot or course of construction in said city'when the sate shall be tract on which is located a residence, any corn, sweet protected against such use by means of barriers, barn- corn, kaffir corn, cane, milo maize.and other tall grow- i e cades, obstructions, lights or other warning signals placed ing forage crops. (Sec. 1 Ord. 3839, 2-24-30). there by said city or by persons acting with authority and 23-603. Hauling Stone, Coal, Sand, etc. on Streets; consent of said city, for the purpose of protecting such Vehicle; Violation; Penalty. It shall be unlawful for unfinished pavement, sidewalk or other public work MC), person'to draw or haul over the paved streets of the against damage until its completion. (Sec. 2, Ord. 2613, City of Salina, any broken stone, coal, sand, manure, 11-6-22). - -mud, dirt,'clay, ashes, or rubbish of any kind, except in 23-703. Certain Construction; Permits Required. a wagon, cart or other vehicle with a tight box or bed That no person, firm or corporation shall hereafter con- thereon so constructed as to prevent the spilling or'scat- struct in any street or in or under any sidewalk in the -taring of any of the substances therein contained, upon City of Salina any bulkheads, cellar or basement ways, said paved streets. (Sec. 1, Ord. 1888, 9-20-1915, Re- areaways, railings, or stairways, or excavations for any wised, 1948) • ' of the same without first securing from the Board of 23-604. Wooden Culvert and Runways Prohibited. Commissioners of said city a permit for the same which That it shall be unlawful for any person, firm or cor- shall in each case state specifically the terms and condi- poration to place or use; or to permit, cause or allow to tions under which such permit issued and the manner be placed or used any wooden culvert or runway attached in which and the conditions under which the iame shall to the curb on or along any public street or thoroughfare be maintained. (Sec. 1,Ord.4039, 3-30-31) • • • CHAPTER 23. 'STREETS 197. • 23-704: Stairway or Areaway; Protection; Require-I 23-802. Provisions May Be Waived in Writing. ments. That no person, firm or corporation shall here- The City Manager may waive the provisions of this-at- after use or maintain in any street or in or under any title by written waiver as to any crossing which it is un- sidewalk in the City of Salina any cellar or basement way; necessary to construct and maintain in accordance here- areaway or stairway, unless the same shall be-protected with on account of light traffic over such crossing, and a by an iron railing on all exposed sides thereof-which shall written waiver from the City Manager as to any such• consist of at least two rails, the top one of which shall be 'crossing until such time as such waiver is revoked by the at least 39 inches above the street level and the other rail City Manager or the Board of Commissioners, which may one-half that height from the street level. In the case be done at any time, The City Manager shall file with of stairways- leading into any such cellar or basement the City Clerk a copy of all such waivers, and the City • way or areaway, the head of such stairway shall be pro-, Clerk shall keep them on file until they are revoked. tected by an iron gate comprised of at.least,two rails of (Sec. 2,Ord. 1941;5.15-16, Revised, 1948) the same height from the street as herein specified for 23-803. Penalty. Every railroad company .which other railings, which shall open outward from such shall violate any of the provisions of this article shall up- cellar or basement way or areaway, and shall be con- on conviction thereof be fined in any sum not less than strutted that the same shall at all times be securely fifty nor more than five hundred dollars, for each suite latched so that the same cannot be opened by a person violation. (Sec.4,Ord. 1941, 5-15-16,Revised, 1948) walking into or against the same from the outside thereof, and such gate shall be constructed that it shall at all ARTICLE 9. Street Lights at Railroad Crossings times be kept closed except when in actual use. (Sec. 2, Ord.4039, 3-30-31). (G. S. 13-439) 23-901, Railway Companies Required to Light Cer- . min Streets -. 23-705. Penalty. Any person, firm or corporation 23-902. Same;Streets Designated • .or any member, officer, agent or representative thereof 23-903. Same; Requirements who shall violate or cause or permit the violation of any 23-904, Same; Intallation of Lights of the provisions of this article shall upon conviction 23-905. Same; Failure of Companies to Comply; thereof be fined not less than $25.00 nor more than Taxation of Costs $100.00 for each offense. (Revised, 1948) 23-906. Same;Time Lights Required • • 23-901. Railway Companies Required to Light Cer- ARTICLE 8. Construction and Maintenance of min Streets. Sec. 1. That the Board of Commissioners Intersections with Railroads of the City of Salina, Kansas,'deem it necessary that the 23-801. Railroad Companies Maintain Crossings; streets and street intersections in the City of Salina•as Specifications specifically mentioned in the following sections of this 23-802. Provisions May Be Waived in Writing ordinance, over, along and across which the railway 23-803. Penalty lines and tracks owned and/or operated by railway com- panies, be lighted, and that such railway 'companies be 23-801 Railroad Companies Maintain Crossings; required to adequately light the same in -accordance Specifications. It shall be the duty of every company, with the provisions and authority contained in Section owning, managing or operating any steam railroad 13-904 of the Revised Statutes of Kansas 1923. (Sec.A, within the limits of the City of Salina, which crosses any Ord. 4027, Mch. 31) street, alley or highway or which traverses any such street,alley or highway, within such city,to construct and 23-902. Same; Streets Designated- Sec. 2. That keep in repair substantial and suitable crossings at each the following named railway companies shall install and intersection of such railroad with such streets, alleys or maintain, where there is an existing light at the street highways, such crossings to be constructed in accordance intersection or at the point hereinafter designated an with some one of the plans and specifications for rail- any street, such railroad companies shall maintain, street road crossings hereto attached and made a part hereof, lights sufficient to adequately light such street intersec- marked Exhibit "A", provided, however, that it shall be tions,at the following points where the railway lines-or deemed a compliance with this article for any railroad tracks of such companies run over, along,or across.such 'company to construct and maintain such crossings in a streets,to-wit: manner as substantial and suitable, as provided in the Santa Fe Avenue and the main line of the Union plans and specifications made a part of this article, in Pacific Railroad, to be installed and/or maintained 'by which event, however, said company shall first file with the Union Pacific Railroad Company; . • the City Clerk plans and specifications for the construct- Santa Fe Avenue and North Street to be initalled ion of such crossings, and obtain from the City Manager and/or maintained jointly by the Union- Pacific Rail- permission to construct such crossings in accordance road Company'and the Atchison, Topeka & Santa Fe therewith. (Sec. I,Ord._1941, 5-15.16, Revised, 1948). Railroad Company; - • 198 ., _ ORDINANCES OF THE CITY OF SALINA, KANSAS • Third and Elm"Streets, to be installed or maintained Street; Fifth,Street (at Pine'Street);.Santa Fe.,Avenue; by the Union Pacific Railroad'Company; ,.. Seventh Street and Ninth Street; -such. lights-to be in- Fourth anclElm Streets, to be installed and/or'main stalled and/or maintained by the'Missouri Pacific Rail- fained liy the Union Pacific Railroad Company; . road Company, with:the exception of the Ninth..Street Seventh and North Streets, to be installed and/or light to be maintained jointly with the city. maintained' by the Union Pacific Railedad Company Walnut Street and the main line of the Missouri.Pa- (one-half of cost of maintenance to be paid by the'Ciry cific Railroad Company, to be installed and/or.main- of Salina); -. rained by said- company, (one-half of the cost -of Ninth Street.and the main line of the Union Pacific maintenance to be paid by the City of Salina) Railroad Company; to he.installed and/or maintained, North Street and Arthur Street, to be installed - by the Union Pacific Railroad Company; and/or Maintained by'the Missouri Pacific Railroad Com- Fourth and Ash Streets, to be installed and/or main- pay (one-half of'the cosh to'be paid by the'City of se- rained by'the Union Pacific Railroad'Company; - lina); Front Street-and the tracks of the Missouri Pacific . Fourth Street, 150 feet south of Iron Avenue, to be Railroad Company at Pine Street, to be'inscalled and/or installed and/or maintained by the Union Pacific Rail= maintained, by said company (one-half of cos[ of'maiti- road Company;,, - tenance to be paid.by the City of'Salina); ' . Fifth and North Streets, to be installed and/or main- Eighth Street and the tracks-of the Missouri Paci- tained,jointly. by':the Union Pacific Railroad Company fie Railroad Company at. Pine S[reei to be in stalled and the Atchison, Topeka & Santa Fe Railroad Company and/or maintained by said company (one-half of the' (one:third of the cost of maintenance to be paid by the cost of maintenance to be paid by the City of Salina); City of Salina); -(Sec. 2,Ord.4027, Mch. 31) - ' • North and Fourth Streets, to be installed and/or maintained jointly-by the.Union Pacific Railroad Com- 23-903• Same; Requirements. Sec ,3. That the party, and•the Atchison, Topeka ec Santa Fe Railroad railroad companies mentioned in the preceding sections Company; • of this ordinance be and they are hereby required to light the streets and crossings above described, at the points Ohio Street end.the Main line of.:[he Union Pacific in the preceding sections described, with adequate street Railroad Company, to be installed and/or maintained g general kind and character as those .J - - lights of the same by the,Union Pacific Railroad Company; . I now used by the city in lighting its street intersections, Seventh Street,,midway betweeen the main line tracks being arc lights of the.suspension type with capacity of Of the Atchison,Topeka & Santa Fe Railroad Company, not less than four hundred candle,power, except that if 1and,The Chicago, Rock Island & Pacific Railroad Com- the board of commissioners deem proper-lights of a dif- 'parry, to be installed and/or maintained jointly by such ferent kind of less capacity May be installed .and/or ' companies; maintained at such points, provided that special per- .Ninth Street, midway between the main line tracks of mission for any.such change shall be first secured from • -the Atchison; Topeka & Santa.•Fe Railroad Company the Board of Commissioners. (Sec: 3;•Ord. 4027, Mch. 1 and The-Chicago, Rock.Island &. Pacific Railroad Corn- 31) , .party„to be installed and/or•mMrtained jointly by such 23-904. '-Same; Installation'of Lights. Sec. 4. That companies; said railroad companies shall have'the right to furnish, 1 Third and North :Streets, to be installed..and/or install and maintain such lights themselves to contract maintained by.the Chicago, Rock Island & Pacific.Rail- with any other person, firm or corporation for such light- road Company,,(one-half of cost of maintenance to be ing,and to pay the cost and maintenance thereof direct to paid by the Ciry.of.Salina);, any such person, firm,or corporation, or may pay the• Fifth- Street; at the crossing of the tracks of the cost of such installation and maintenance to the City of .Chicago, Rock,:Island & Pacific Railroad Company be- Salina, in which event, upon the written agreement to any 'tween'Pint and North,Streets; to-'be installed and/or such railroad company to pay such cost, the City of Sa- maintained by,said railroad company; - lina shall install or cause the installation of such lights Santa Fe Avenue, between Pine and North Streets to and maintain the same as a part of its street lighting sys- ,be insta(led.,and/or maintained by the Chicago, Rock tem and collect the cost of such installation and main- Island &;Pacific Railroad Company; . tenance from such railroad companies. , (Sec. 4, Ord. One light at the'intersection of each of the following :4027, Mc . 31) • Its„tirsemivrith the Main line-of the Missouri Pacific Rail.: 23-905.' Same; Failure of Companies to Comply; 'road Companyl tto-witr', Taxation of Costs. Sec. 5. If any of such railroad corn- ' . Elm Street; Park Street; Ash Street; State Street; parties shall fail, refuse or neglect to install and/or main- Crawford Avenue; Ohio Street; Second Street; Third taro any of such lights as in this ordinance required, the • • CHAPTER 23, STREETS • . . • 199 City of Salina may install and/or maintain the same or service pipes, gas service'pipes or sewers within 30 days contract with any person, firm or corporation for such from and after the last,publication of such order, then installation and/or maintenance and the cost of such the Board of Commissioners of the City of Salina shall installation and/or maintenance shall.be charged against proceed to construct or cause to be constructed -and any such railroad company so'failing, refusing or neglect- laid such water service pipes, gas•service pipes or-sewers' ing to install and/or maintain the same and such cost in accordance with the provisions of law and' the cost' shall be a lien upon the property and franchises of any thereof shall be assessed against the two adjoining lots'or' such company and shall be taxed against the property of fractional parts thereof for which such service pipes-or •such company in the same manner as other taxes are sewers are laid, and such assessments shall be certified levied. (Sec. 5, Ord. 4027,Mch. 31) by'the City Clerk'of Salina, Kansas, to the County Clerk • of Saline County, Kansas, to be collected according to law • 23-906. Same; Time Lights Required. Sec. 6. All in the same manner as paving assessments are collected; lights Squired by this ordinance to be installed and/or Provided however, that after the expiration of the time maintained by any such railroad companies shall be kept designated in,such order 'for the construction of such burning at all times from sundown on each day until sun- service pipe; or sewers than such owner or owners shall- rise on the following day, and in any event during all not construct or cause the same to be constructed with- hours on each day when other street lights of the City out first having written authority therefor 'from said of'Salina are kept burning. (Sec. 6, Ord. 4027, Mch. Board of Commissioners. (Sec. 2, Ord. 2410, 10.24-21):` 31) - _ (G.S. 12-833) • ARTICLE 10. Service Pipes and'Sewers 23-1003x' Work According to Specifications. .That. ... • Ahead of Paving . the'laying and construction of all service pipes and sew- ' ers as hereinbefore provided for shall be in accordance 23-1001. Lo[. Owners Lay Se. rvice Pipes and Sewers with all city ordinances regulating the same and shall. Prior to Paving be in accord with the plans, specifications and require- 23-1002. Notice'to Owners; City May Lay Pipes; meats as provided for by ordinance or direction of the. Special Assessments Board of Commissioners.. (Sec. 3,Ord. 2410, 10-24-21). 23-1003. Work According to Specifications • 23-1001. Lot Owners Lay Service Pipes and Sewers ARTICLE 11.. Sidewalks,Curbing,Guttering, .. Prior to Paving. That it shall be the duty of the owner Driveways,Etc. • . or owners of any lot or lots within the corporate limits of the City of Salina to construct and lay water service 23-1101. Sidewalks, Driveways,Curb and Gutters; pipes, gas service pipes and sewers to the back of the Construction , curb abutting such lot or lots whenever ordered so to do 23-1102. Procedure for Sidewalks by order, resolution or ordinance of the Board of Com- 23-1103. Same; License Fee; Bond missioners of the City of Salina, made in conformity to' 23-1.104. Same; Bond; Amount law; Provided however, that such water service pipes, gas 23.1105. Same; Permit service pipes and sewers shall not by said Board of Com- 23-1106. Plans and Specification Adopted missioners be ordered constructed or laid under the pro- 23-1107. Same; Additional Requirements visions of this article except in regard to property abut- 23-1108. Same; Completion of Work; Notice; In- ring upon streets upon which paving has been ordered in ' spection; Revocation of License and provided further that the Board of Commissioners • .23-1109. Definition , • • . shall not order the laying or construction of more than 23-1110. Penalty one water service pipe, one gas service pipe or one sewer for each two lots or fractional parts thereof along and " 23-1101. Sidewalks, Driveways, Curb and'Gutters; abutting said 'paving, nor shall any "service pipes or Construction. That all sidewalks,driveways,curbing and sewers be so ordered in on any streets within said city guttering hereafter constructed, reconstructed or rebuilt where the mains for the same are not laid. (Sec. 1, Ord. in any of the streets or public grounds of the City-of '2410, 10-24-21). (G:S. 12-832) Salina shall be constructed of concrete and'in accordance, with plans and specifications as to'material and methods 23 4002. Notice to Owners; City May Lay Pipes; of construction to be furnished by the City Engineer'oft Special Assessments. That the Board of Commissioners the City of Salina as hereinafter provided for. Sec. 1, shall give notice of any order to construct water service Ord. 3509, 3.12.28) pipes, gas service pipes or sewers by publishing an order to such effect for three consecutive days in the official 23-1102. Procedure for Sidewalks. The' procedure city paper and that in event the owner or owners of such for the construction, reconstruction and repair of side- lot or lots ordered to lay and construct the same shall walks shall be as provided by Article;18 of.Chapter 12, refuse'o,r neglect to lay down or construct such water of the 1947 Supplement to the General Statutes of 1935 • 200. ORDINANCES OF THE CITY OF SALINA, KANSAS and amendments thereto, and according to requirements a license and bond is required until such license shall be specified by ordinance. (Revised, 1948) I issued and such bond filed and approved. ,.(Sec. 4, Ord. 23-1103. Same; License Fee; Bond. That no pen 3509, 2-12-28) son'shall engage in the work of constructing, recon- 23-1106. Plans and Specifications Adopted. The strutting or rebuilding sidewalks, driveways, curbing, gut- plans and specifications for sidewalks, driveways, curbing tering or other concrete work for others, in the streets, and guttering,and other concrete work in the streets, and alleys or other public grounds in the City of Salina with- designated "Concrete Sidewalks and Driveways" and out first securing from the City Clerk a license therefor, dated August 17, 1935 are hereby adopted by reference. for which such licensee shall pay to the City of Salina Copies shall be kept on file in the office of the Ciry'Clerk an annual fee of $10.00, which license shall expire on and the City Engineer. No changes, amendments or December 31st after the issuance thereof (provided that additions shall be made in or to said plans and speci- if the license is issued after July 1st the license fee shall fications except by adoption by ordinance. (Revised, be one-half of the foregoing amount) and no such license 1948) shall be issued until the applicant therefor shall furnish a 23-1107. Same; Additional' Requirements. Before bond, in the amount and conditioned as hereinafter re- he shall issue any permit, the City Engineer shall ascer- quired, with corporate securities to be approved by the tain that the bond filed by the applicant therefore is suf. Board of Commissioners, the form thereof to be ap- ficient to cover the amount of the work to be done under proved by the City Attorney; provided that this ordin- such permit, and in addition thereto the amount of all ante shall not apply to any person doing or performing work being done by the same person under permits pre- any work of the nature above described for the City viously issued and which is then uncompleted, and if the of Salina, under a contract with such city and for which amount of any such bond is insufficient to cover all out- regular performance, maintenance and statutory bonds standing and uncompleted work under permits issued or are required by the city and furnished by the contractor applied for, no additional permit shall be issued until for the specific work covered by any such contract. (Sec the applicant therefor shall file an additional bond in 2,Ord. 3509, 3-12.28) an amount sufficient to cover all such work, provided 23-1104. Same; Bond; Amount. The bond herein- that in lieu of any such additional general bond, the op- above provided for shall be in a principal sum not less plicant for any permit may file a special maintenance than $1,000.00 and shall run to the City of Salina as bond covering only the specific work to be done under obligee, for the benefit of the city and of all persons with any specific permit, and the amount of such work shall whom the principal named therein may contract for the not be counted as a part of the work covered by the gen- construction of such work, conditioned that any such eral bond. (Sec. 6,Ord. 3509, 2-12-28) work shall conform in all respects to the plans and specifications prepared by the City Engineer and on file 23-1108. Same; Completion of Work; Notice; In• in his office and according to stakes and grades as set by notify the Revocation of License. The contractor. shall the City Engineer and that any such work shall endure notify the City Engineer of the completion of any work without need of repair for two years from the date of the for which a permit has been issued. If the City En- completion of any such work, and that such contractor gineer shall upon inspection of any such completed work will, without charge,' make any repairs or replace any find that such work has not been done in conformity with such work, if the same shall, in the opinion of the City Ent, the plans and specifications for such work, the City Engineer, become so defective as to require the same Engineer shall have authority to order any changes in within such period of two years. (Sec. 3, Ord. 3509, in his opinion b such work which may be necessary, or may on 3-12-28) order the same removed and reconstructed. If any con- tractor shall fail to comply with any order of the City 23.1105. Same; Permit. No such sidewalks, drive- Engineer in connection with any such work, the City En- ways, curbing, guttering or any other concerte work in gineer may.issue an order revoking the license of such any street or public grounds in said city, shall be con- contractor, which order'may on application of the con- structed, reconstructed or rebuilt until a permit there- tractor filed with the City Clerk within ten days from the for shall have been issued by the City Engineer, upon the date of such order be reviewed, and approved or set aside, application of the person by whom such work is to be by the Board of Commissioners. (Sec. 7, Ord. 3509, done, which application shall show the location and na- 3-12-28) ture of the work, the approximate cost, and such other facts relating thereto as may be required by the City 23-1109. Definition. The word "person" when City Engineer, and shall be on such form as may be pre- used in this article shall be deemed to refer to any per- scribed by him, and any such application and the plans son or persons, firm, copartnership or corporation. (Sec. - and specifications referred to in this ordinance shall be 8,Ord. 3509, 3-I2-28, Revised 1948) deemed to be a part of any such permit, provided that • 23-1110. Penalty. Any person whether acting for no such permit'shall be issued to any person from whom himself or as the agent representative, employee, of- ' t CHAPTER 23. STREETS 201 ficer or member of any corporation or co-partnership, any such work without securing the license and filing the who shall construct, reconstruct or rebuild any of the bond or bonds required by this ordinance, or who shall work mentioned in this article in violation of the pro- otherwise violate any of the provisions of.this article ' visions hereof or contrary to the plans and specifications shall be deemed guilty of a misdemeanor, and upon con- " for such work as provided for herein or who shall do any viction shall be fined no less than $10.00, nor more than such work without securing a permit therefor as herein $50.00 for each offense. (Sec. 10, Ord. 3509, 3-12-28, required, or who, when required by this article shall do Revised, 1948) • • • • C 1 ■ • • CHAPTER 24. TRAFFIC 203 CHAPTER 24. TRAFFIC and operated for.compensarion for the transportation of Article I. Definitions children to or from school. Article 2. Obedience to Ordinance • Truck Tractor. Every motor vehicle designed and Article 3. Licenses used primarily for drawing other vehicles and not so con- Article 4, Traffic Control structed as to carry a load other than a part of the weight Article 5. -Accidents • f the vehicle and load so drawn. Article 6. Unlawful Driving . Farm Tractor. Every motor vehicle designed and Article 7, Speed Regulations used primarily as a farm implement for drawing plows, Article 8. Driving Regulations mowing machines,and other implements of,husbandry. Article 9. Signals Road Tractor. Every motor vehicle designed and Article 10. Street Restrictions ' used for drawing other vehicles and not so constructed as Article 11. Pedestrians to carry any load thereon either independently or any Article -12. Safety Zone . part of the weight of a vehicle or load so drawn. Article 13. Trains and Railroads. Trailer. Every vehicle without motive power design- Article 14. Stopping and Parking ed for carrying persons or property and so constructed Article 15. Riding Vehicles that no part of its weight rests upon the towing vehicle. • Article 16. Bicycles,etc. • Semitrailer, Every vehicle without motive power de- Article 17. Miscellaneous signed fnr carrying persons or property 'nnd for being Article 18. Lights and Lamps, drawn by a motor vehicle and,so constructed that some Article !9. Equipment part of its weight and that of its load rests upon or is Article 20. Explosives carried by another vehicle. Article 21. Weights, Widths, Heights and Loads Pneumatic Tire. Every tire in which compressed air Article 22. Penalties is designed to support the load. • Article 23. Parking Meters Solid Tire. Every tire of rubber or other'resilient material which does not depend upon compressed air for ARTICLE I. Definitions the support of the load. 24-101. Definition of Words and Phrases: The fol- Metal Tire. Every tire the surface of which, in con- lowing words and phrases when used in this ordinance tact with the highway, is wholly or partly of metal or shall, for the purpose,of this ordinance, have the mean- other hard non-resilient material. ings respectively ascribed to them in this section, and Railroad. A carrier of persons or property upon such definitions shall also apply to such terms when used cars, other than street cars, operating upon stationary in any other ordinance of said city unless specifically in rails. conflict with the terms of such other ordinance. Railroad Train. A steam engine, electric or other Vehicle. Every device in, upon, or by which any motor, with or without cars coupled thereto, operated person or property is or may be transported or drawn up- upon rails, except streetcars. • on a highway, except devices moved by human power Street Car. A car other than a'railroad train for or used exclusively upon stationary rails or tracks. transporting persons or property and operated upon rails Motor Vehicles. Every vehicle which is self-pro- principally within the City of Salina. pelted and every vehicle which is propelled, by electric Explosives. Any chemical compound or mechanical power obtained from overhead trolley wires, but not mixture that is commonly used or intended for the operated upon rails. purpose of producing an explosion, and which contains Motorcycle. Every motor vehicle having a saddle, any oxidizing and combustive units or other ingredients seat or standing space for the use of the rider, including in such proportions, quantities, or packing that an vehicles commonly known as motor scooters, motor bikes ignition by fire, by friction, by concussion, by percussion, and other similar vehicle and designed to travel on not or by detonator of any part of the compound or mixture more than three wheels in contact with the ground, but may cause such a sudden generation of highly heated excluding a tractor. gases that the resultant gaseous pressures are capable of Authorized Emergency Vehicle. Vehicles of the fire producing destructible effects on contiguous objects or of department, fire patrol, police vehicle, and such ambul- destroying life or limb. antes and emergency vehicles as are designed or auth- Flammable Liquid. Any liquid which has a flash orized by the Chief of Police. point of 70 degrees Fahrenheit, or less, as determined by School Bus. Every motor vehicle owned by a public a tabliabue or equivalent closed cup test device. or governmental'agency and operated for the trans/aorta- Commissioner. The commissioner of motor vehicles don of children to or from school, or privately owned of this state. 204 ORDINANCES OF THE CITY OF SALINA, KANSAS Department. The department of motor vehicles of Safety Zoire. The area or space officially set apart this state acting directly or through its duly authorized within a roadway for the exclusive use of pedestrians and officers and agents. • which is protected or is so marked or indicated by.ade- Person. • Every natural person, firm, copartnership, quate signs as to be plainly visible at all times while set association, or corporation. - apart as a safety zone. Pedestrian. Any person afoot. Business District. The territory contiguous to and Driver. Every person who drives or is in actual phy- including a highway whew:fifty percent or more of the •sisal control of a vehicle. frontage thereon for a distance of 300 feet or more is oc- Owner. A person who holds the'legal title of a ve- cupied by buildings in use for business. hick or in the event a vehicle is the subject of an agree- Residence District. The territory contiguous to and ment for the conditional sale or lease thereof with the including a highway for distance of 300 feet or more is right of purchase upon performance of the conditions in the main improved with residence or residences and stated in the agreement, and with an immediate right of buildings in use for business. - possession vested in the conditional vendee or lessee, or Official Traffic-Control Devices. All signs, signals, in the event a mortgagor of a vehicle is entitled to pos- markings, and devices, not inconsistent with this ordin- session, then such conditional vendee or lessee or more- ance placed or erected by authority of a public body or gagor shall be deemed the owner for the purpose of this official having jurisdiction, for the purpose of regulating, ordinance. warning,or guiding traffic. , Police Officer. Every officer authorized to direct or Official Traffic-Control Signal. Any device, whether • regulate traffic or to make arrest for violations of traffic manually, electrically or mechanically operated,. by regulations. which traffic is alternately directed to stop and to -pro- Street or Highway. The entire width between pro- teed. • • perry lines of every way or place of whatever nature Railroad Sign or Signal.any part thereof is open to the use of the public, g final. Any sign, signal, or device as a matter of right,for purposes of vehicular traffic. erected by authority of a public body or official or by a railroad and intended to give notice of the presence of Private Road or Driveway. Every way or place in railroad tracks or the approach or a railroad train. private ownership and used for vehicular travel by the owner and those 'having express or implied permission Traffic.• Pedestrians, ridden or herded animals, ye- from the owner,but not by other persons. hicks, streetcars, and other conveyances either singly or Roadway. The portion of a highway improved, de- together while using any highway for purposes of travel. signed,or ordinarily used for vehicular travel. Right of Way. _ The privilege of the immediate use of Sidewalk. That portion of a street between the curb the highway. - lines, or the lateral lines of a roadway, and the adjacent Alley. Every passage way between two parallel property lines intended for the use of pedestrians. streets, used by the public. Laned Highway. A highway the roadway of•which Stop. When required means complete cessation of • is divided into three or more clearly marked lanes for ve- movement. • hicular traffic. • Through Highway. Every highway or Stop or Stopping. When prohibited means any y g y portion there- stopping of a vehicle except when necessary to avoid of at the entrances to which vehicular traffic from inter- conflict with other 'traffic or in compliance with the Bi- secting highways is required by law to stop before enter- rection of a police officer or traffic control sign or signal. ing or crossing the same and when stop signs are erected • as provided in this ordinance or state law. Standing. Any stopping of a vehicle, whether oc- cupied or not. • Intersection. The area embraced within the pro- -" - • '• longation or connection of the lateral curb lines, or, if Park. The standing of .a vehicle, whether oc- none, then the lateral boundary lines of the roadways of copied or not, otherwise than temporarily for the pur- pose of and.while actually engaged in loading or un- two highways which join one another at, or approxi- mately at, right angles, or the area within which vehicles loading. ., traveling upon different'highways joining at any other This Ordinance. For the purposes of this revision angle may come in conflict, articles 1 to.22, both inclusive, of this chapter. . Crosswalk:- Thai portion of a roadway ordinarily in- Official Time Standard. Whenever certain hours are cluded within the prolongation or connection of the named herein they shall mean standard time or daylight lateral lines of sidewalks at intersections. Any portion saving time as may be in current use in this city. (G. S. of a roadway distinctly indicated for pedestrian crossing 1947 Supp., 8-501: Sec. 1, Ord. 4953, 9-18.39 Revised, by lines or other markings on the surface. 1948) - • CHAPTER 24. TRAFFIC 205 ARTICLE 2. Obedience to Ordinance. vehicles when traveling to or from such work. G. S. 24-201. Provisions of Ordinance Refer to Vehicles 1947 Supp., 8.505; Sec. 5,Ord. 4953,9-18.39) upon the Highways; Exceptions 24-205. Traffic Laws Apply to Persons Riding Bi- 23-202. Required Obediance to Traffic Laws; Mis- cycles or Animals or Driving Animal-drawn Vehicles. demeanors Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway or driving or 24-203. Obedience to Police Officers g P Y g 23-204. Public Officers and Employees to Obey leading any animal or animals, shall be subject to the Ordinance; Exceptions. provisions of this ordinance applicable to the driver of 24-205. Traffic Laws Apply to Persons Riding Bi- a vehicle, except those provisions of this ordinance which cycles or Animals or driving Animal-drawn by their nature can have no application. (G. S. 1947 Vehicles Supp. 8-506: Sec. 6, Ord. 4953, 9-18-39) 23-201. Provisions of'Ordinance Refer to Vehicles ARTICLE 3. Licenses upon the Highways: Exceptions. The provisions of this ordinance relat- 24-301. Driver's License Required ing to the operation of vehicles refer exclusively to the 24-302. Same operation of vehicles upon highways except; Where a 24.303. License Number different place is specifically referred to in a-given sec- 24-304. Driving Vehicle When License Revoked or tibn. (G. S. 1947 Supp., 8-502: Sec. 2, Ord. 4953, Suspended; Penalty 9-18-39 Revised 1948) 24-305. Violation of Sections 7 to 10 (24-301 to 24-304) 24-202. Required Obedience to Traffic Laws: Mis- 24-306. This Ordinance nor to Interfere with Rights demeanors. It is unlawful and. unless otherwise de- of Owners of Real Property with Reference - dared in this ordinance with respect to particular of- Thereto feasts, it is a misdemeanor for any person to do any act 24-301. Driver's License Required. No person, ex- forbidden ordiace or fail to perform any act required in this cept those expressly exempt in Chapter 73 of the Laws of ordinance. (G. S. 1947 Supp., 8503: Sec. 3, Ord. 4953, Kansas for 1937, (Chap. 8, Art. 2, 1947 Supp.), shall 9-18-39 Revised 1948) drive any motor vehicle upon any street, alley or public 24-203.' Obedience to Police Officers. No person way in the City of Salina, Kansas, unless such person has • shall willfully fail or refuse to comply with any lawful or- been licensed as an operator or chauffeur as provided by der or direction of any police officer invested by law the Laws of Kansas. (Sec. 7,Ord. 4953, 9-18-39) with authority to direct control, or regulate traffic. (G. 24-302. Same. It shall be unlawful for any person S. 1947 Supp., 8-504: Sec. 4, Ord. 4953 9-18-39) within the City of Salina to authorize or knowingly per- 24-204. Public Officers and Employees to Obey mit a motor vehicle owned by him, or under his control, Ordinance; Exceptions. (a) The provisions of this to be driven by any person who has no legal right to do ordinance applicable to the drivers of vehicles upon the so, or who does not have a valid drivers or chauffeurs li- streets or highways shall apply to the drivers of all ye- dense. (G. S. 1947 Supp. 8-264; Sec. 8, Ord. 4953, hides owned or operated by the United States, this state 9-18-39) or any county, city, town district or any other political 24-303. License Number. Every motor vehicle sub-division of the state subject to such specific exceptions operated on the streets of the City of Salina shall carry a as are set forth in this ordinance with reference to auth- state license number plate as provided by the statutes orized emergency vehicles. (b) The driver of any of the State of Kansas. It shall be unlawful for any per. authorized emergency vehicle upon approaching a red or son or persons to remove, conceal, alter, mark or deface stop signal or any stop sign shall slow down as neces- the license number plate or any other mark of identifica- sary for safety, but may proceed cautiously past such red Pon upon any vehicle. License plates shall be kept clean or stop sign or signal. At other times drivers of auth- and shall be placed on said vehicles as required by state orized emergency vehicles shall stop in obedience to a law and so as to be plainly legible. (Sec. 9, Ord. 4953, stop sign or signal. (c) No driver of any authorized 948-39,Revised 1948) emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is 24-304. Driving Vehicle When License Revoked or _ operated in response to an emergency call, or in Suspended; Penalty. Any person whose operators' or the immediate pursuit of an actual or suspected violator chauffeurs' license has been suspended or revoked and of the law. (d) The provisions of this ordinance shall who shall drive any motor vehicle upon any highway in not apply to persons, teams, motor vehicles and other the City of Salina while such license is suspended or re- equipment while actually engaged in work upon the sur- yoked shall be deemed guilty of a misdemeanor. (G. face of a highway, but shall apply to such persons and S. 1947 Supp. 8-262: Sec. 10,Ord.4953,9-18-39) 206 ORDINANCES OF THE CITY OF SALINA, KANSAS 24-305: Violation of Sections 7 to 10. Any person 14-403. Same; On State Highway Links. All traf- who shall be found guilty of violating any of the terms fic control devices erected on any street designated by the or provisions of Sections 7, (24-301) 8, (24-302) 9, State Highway Commission as a connecting link in the (24-303) or 10 (24-304) of this ordinance, shall upon State Highway system shall conform to the manual conviction be adjudged guilty of a misdemeanor, and be and specifications approved by the State Highway Com- fined in any sum not exceeding $500.00 or be imprisoned mission, except as herein specifically provided for. All in the City jail not exceeding six months, or by both such traffic control devices erected pursuant to this or any fine and imprisonment. (Sec. PI,Ord. 4953,9-18-39) other ordinance and not inconsistent with the provisions 24-306- This Ordinance not to Interfere with Rights of state law or this ordinance shall be official traffic con- trol devices. (G. S. 1947 Supp. 8-512: Sec. 13 C, Ord. of Owners of Real Property with Reference Thereto. 4953 9-18-39) Nothing in this ordinance shall be construed to prevent the owner of real property used by the public for pur- 24-404. Same; State Control on State Highway . poses of vehicular travel by permission of the owner and Links. In placing and maintaining traffic control de- not as a matter of right from prohibiting such use, or vices to indicate and carry out the provisions of state from requiring other or different or additional conditions law or city ordinances, or to regulate, worn, or guide than those specified in this ordinance or otherwise regu- traffic the governing body and city officers and em- lating such use as may seem best to such owner. (G. S. Ployees shall be subject to the direction and control of 1947 Supp.,8-509: Sec. 12,Ord. 4953,9-18-39) the State Highway Commission in reference to streets designated by said Commission as connectinglinks in the ARTICLE 4. Traffic Control State Highway System. (G. S. 1947 Supp. 8-512; Sec. 13 D Ord. 4953,9-18-39) 24-401. Traffic Control Devices 24-402. Same; Placing 24-405. Signs at One-way Streets and Alleys. 24-403. Same; On State Highway Links Whenever, by this or any other ordinance, a one-way 24-404. Same; State Control on State Highway street or alley is described or any time limit parking is Links imposed, it shall be the duty of the City Manager to 24-405. Signs at One-Way Streets and Alleys erect appropriate signs giving notice thereof, and no such regulations shall be effective until said signs are 24-406. City Manager to Erect Signs on Through erected. (G. S. 1947 Supp. 8508: Sec. 13 E, Ord. 4953, Streets and to Determine and Post Stop 9-18-39) and Reduced Speed Intersections 24-407. Same; City Manager to Designate Zones 24-406. City Manager to Erect Signs on Through and Lanes Streets and to Determine and Post Stop and Reduced 24-408. Obedience to Official Traffic-control De- Speed Intersections. Whenever any ordinance of this vices city designates and describes a through street it shall be 24-409. Traffic-control Signal Legend the duty of the City Manager to place and maintain.a 24-410. Traffic-Control Signals: Where stop sign on each and every street intersecting such through street or that .portion thereof described and 24-411. Flashing Signals designated as such by an ordinance of this city. (G. S. 24-412. Flashing Signals: Where 1947 Supp. 8508; Sec. 13 F,Ord. 4953, 9-18-39) 24-413. Display of Unauthorized Signs, Signals, or Markings 24-407. Same; City Manager to Designate Zones 24-414. Interference with Official Traffic-contro4 De- vices or Railroad Signs or Signals (1) to designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, cross- 24-401. Traffic Control Devices. It shall be the walks and intersections where in his opinion there is general duty of the City Manager to install, maintain particular danger to pedestrians crossing the roadway, and determine the timing of traffic control devices. (Sec. and at such other places as may be deemed necessary; 13 A,Ord. 4953,9-18-39 Revised 1948) (2) to establish safety zones of such kind and character 24.402. Same; Placing. The City Manager shall and at such places as he may deem necessary for the place and maintain traffic control devices when and as re- protection of pedestrians; (3) and to mark lanes for traf- _ quired under this and other traffic ordinances of this fic on street pavements at such places as he may deem ad- . city to make effective the provisions of such ordinances, visable consistent with this ordinance and other traffic and may place and maintain such additional traffic con- ordinances of this city. (G. S. 1947 Supp. 8-501: 507: trol devices as the Board of Commissioners may deem ne- Sec. 13 G,Ord.4953,918-39) cessary and so order to regulate traffic under the traffic 24-408. Obedience to Official Traffic-control De- ' ordinances of this city or under state law, or to guide or vices. No driver or rider of a vehicle shall disobey the warn traffic. (Sec. 13 B:, Ord.4953,9-18-39) instructions of any official traffic-control device placed in • CHAPTER 24. TRAFFIC 207 accordance with the provisions of this ordinance unless at the nearest crosswalk at an intersection or at a limit line the time otherwise directed by a police officer. (G. S. when marked, and the right to proceed shall be subject to 1947 Supp. 8-513; Sec. 14,Ord. 4953, 9.18.39) the rules applicable after making a stop at a stop sign. 24-409. Traffic-control Signal Legend. Whenever (2) Flashing yellow (caution signal). When a yellow lens •traffic is controlled by traffic-control signals exhibiting is illuminated with rapid intermittent flashes, drivers of • the words "go", "caution", or "stop", or exhibiting dif- vehicles may proceed through the intersection or past ferent colored lights successively one at a time, the fol- such signal only with caution. (G. S. 1947 Supp. 8-515; lowing colors only shall be used and said terms.and lights Sec. 16, Ord. 4953,9-18-39) shall indicate as follows: 24-412. Flashing Signals: Where. That there shall (a) Green alone or "go". (1) Vehicular traffic lac-. ac be installed and maintained a traffic-control device or de- ing the signal may proceed straight through or turn right vices of the type described in Section 16, (24-411) of this or left unless a sign at such place prohibits either such ordinance at the fallowing intersections,to-wit: turn. But vehicular traffic shall yield the right-of-way to (1) Ninth Street and Claflin Avenue other vehicles and to pedestrians lawfully within the (2) State Street and Broadway Boulevard (Revised, intersection at the time such signal is exhibited. (2) 1948) Pedestrians facing the signal may proceed across the 24-413. Display of Unauthorized Signs, Signals, or roadway within any marked or unmarked crosswalk. Markings.g (a) No person shall place, maintain, or (b) Yellow alone or "caution" when shown follow- display upon or in view of any highway any unauthorized ing the green or "go" signal. (1) Vehicular traffic sign, signal, marking, or device which purports to be or facing the signal shall stop before entering the nearest is an imitation of or resembles an official traffic-control crosswalk at the intersection, but if such stop cannot be device or railroad sign or signal, or which attempts to made in safety a vehicle may be driven cautiously direct the movement of traffic, or parking of vehicles, or through the intersection. (2) Pedestrians facing such which hides from 'view or interferes with the effective- signal are thereby advised that there is insufficient time to ness of any offical traffic-control device or any rail- cross the roadway, and any pedestrian then starting to road sign or signal, and no person shall place or cross shall yield the right of way to all vehicles. , maintain nor shall any public authority permit upon (c) Red alone or "stop." (1) Vehicular traffic fac- any highway any commercial 'advertising. This shall not ing the signal shall stop before entering the nearest cross- be deemed to prohibit the erection upon private property walk at an intersection or at such other point as may be adjacent to highways of signs giving useful directional indicated by a clearly visible line, and shall remain information and of a type that cannot be mistaken for standing until green or "go" is shown alone. (2) No official signs. (b) Every such prohibited sign, signal, or pedestrian facing such signal shall enter the roadway. (G. marking is hereby declared to be a public nuisance and S. 1947 Supp. 8-514; Sec. 15, Ord. 4953, 9.1839) the authority having jurisdiction over the highway is 24-410. Traffic-Control Signals; Where. That there hereby empowered to remove the same or cause it to be shall be installed and maintained traffic-control signal de- removed without notice. (G. S. 1947 Supp. 8-516: Sec. 17, Ord.4953, 9-18-39) vices of the type described in Section IS, (24-409) of this ordinance on each of the four corners of the following 24-414. . Interference with Official Traffic-Control intersections in the City of Salina, Kansas: Devices or Railroad Signs or Signals. No g g person shall (1) Santa Fe Avenue and Ash Street without lawful authority attempt to or in fact alter, de- (2) Santa Fe Avenue and Iron Avenue face, injure knock down or remove any official traffic- (3) Santa Fe Avenue and Walnut Street control device or any railroad sign or signal or any in- (4) Santa Fe Avenue and Elm Street scription, shield, or insignia thereon, or any part thereof. (5) Santa Fe Avenue and Mulberry Street (G.S. 1947 Supp. 8-517: Sec. 18. Ord. 4953, 9-18-39) (6) Fifth Street and Iron Avenue (7) Ninth Street and Ash Street (8) Ninth Street and Iron Avenue AATICLB 5. Accidents (9) Ninth Street and Walnut Street 24-501. Accident Involving Death or Personal In- (10) Ninth Street and Crawford Street juries (11) Pacific Avenue and Ninth Street (Revised, 24-502. Accident Involving Damage to Vehicle 1948) 24-503. Duty to Give Information and Render Aid 24.411- Flashing Signals. Whenever flashing red 24-504. Duty upon Striking Unattended Vehicle or yellow signals are used they shall require obedience by 24-505. Duty upon Striking Fixtures upon a High- vehicular traffic as follows: (I) Flashing red (stop way signals).When a red lens is illuminated by rapid intermit- 24-506. Duty to Report Accident tent flashes, driven of vehicles shall stop before entering 24-507. When Driver Unable to Report 208 ORDINANCES OF THE CITY OF SAUNA, KANSAS 24-501. Accident Involving Death or Personal In- 24-505. Duty upon Striking Fixtures upon a High- juries. (a) The driver of any vehicle involved in an ac- way. The driver of`any vehicle involved in an accident cident resulting in injury to or death of any person shall resulting only in damages to fixtures legally upon or ad- immediately stop such vehicle at the scene of such ac-- jacent to a highway shall take reasonable steps to locate cident or as close thereto as possible, but shall then forth- and notify the owner or person in charge of such pro. with return to and in every event shall remain at the perty of such fact and of his name and address and of scene of the accident until he has fulfilled the require- the registration number of the vehicle he is driving, and ments of Section 21 (24-503). Every such stop shall be shall upon request and if available exhibit his operator's made without obstructing traffic more than is necessary. or chauffeur's license and shall make report of such ac- (b) Any person failing to stop or to comply with said cident when and as required in Section 24 (24-506) here- requirements under such circumstances shall upon convic- of. (G. S. 1947 Supp. 8-522: Sec. 23, Ord.- 4953, tion be punished by imprisonment for not more than I 9-18-39) year or by a fine of not less than $25.00 nor more than 24506. Duty to Report Accident. The driver of a $500.00, or by both such fine and imprisonment. (G. S. vehicle involved in an accident resulting in the injury to 1947 Supp. 8-518: Sec. 19,Ord. 4953,9-18-39) or death of any person or in any y p property damage shall • immediately thereafter file with the Police Department of 24-502. Accident Involving Damage to Vehicle. the city a report of such accident and the driver of a The driver of any vehicle involved in any accident re- vehicle involved in an accident resulting in an injury to suiting only in damage to a vehicle which is driven or at or death of any person or total tended by any person shall immediately stop such ve- y p property damage to an hide at the scene of such accident or as close thereto as apparent extent of $50.00 or more shall within 24 hours possible, but shall forthwith return to and in every event after such accident forward a written report of such'acci- dent to the State Vehicle Department upon a form pro. shall remain at the scene of such accident until he has vided and approved by such department and shall file fulfilled the requirements of Section 21 (24-503). Every with the Police Department of the city a copy of an such stop shall be made without obstructing traffic more y such report so filed with the State Vehicle Department. than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be (G. S. 1947 Supp. 8-523: 528; Sec. 24, Ord. 4953, 9.18-39) guilty of a misdemeanor. (G. S. 1947 Supp. 8-519: Sec. 20, Ord.4953,9-18-39) 24-507. When Driver Unable to Report. Whenever a driver of a vehicle is physically incapable of making a 24-503. Duty to Give Information and Render Aid. required accident report and there was another occupant The driver of any vehicle involved in an accident re- in the vehicle at the time of the accident capable of mak- sulting in injury to or death of any person or damage to ing a report, such occupant shall make or cause to make any vehicle which is driven or attended by any person a report and his failure to do so will constitute a violation shall give his name, address, and the registration number of this ordinance. (G. S. 1947 Supp. 8-524: Sec. 25, of the vehicle he is driving and shall upon request and if Ord.4953, 9.18-39) available exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person ARTICLE 6. Unlawful Driving attending any vehicle collided with and shall render to 24-601. Persons Under the Influence of Intoxicating any person injured in such accident reasonable assistance, Liquor or Narcotic Drugs including the carrying, or the making of arrangements 24-602. Reckless Driving for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is,ap- 24-601. Persons Under the Influence of Intoxicat- parent that such treatment is necessary of if such carry- Liquor or Narcotic Drugs. (a) It is unlawful and pun- ing is requested by the injured person. (G. S. 1947 Supp. ishable as provided in subdivision (b) of this section 8-520: Sec. 21,Ord.4953, 9-18-39) for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating 24-504. Duty upon Striking Unattended Vehicle. liquor or narcotic drugs to drive any vehicle within this The driver of any vehicle which collides with any vehicle city. (b) Every person who is convicted of a violation of which is unattended shall immediately stop and shall then this section shall be punished by imprisonment for not and there either locate and notify the operator or owner more than one year of by fine of not less'than $100.00 of such vehicle of the name and address of the driver and nor more than $500.00 or by both such fine and im- owner of the vehicle striking the unattended vehicle or prisonment. On a second or subsequent conviction he shall leave in a conspicuous place in the vehicle struck a shall be punished by imprisonment for not less than written notice giving the name and address of the driver ninety days nor more than one year, and in the dis- and of the owner of the vehicle doing the striking and cretion of the court, a fine of not more than $500.00. a statement of the circumstances thereof. (G. S. 1947 (G. 5. 1947 Supp. 8-530; Sec. 26, Ord. 4953, as amend- Supp. 8-521: Sec. 22, Ord. 4953, 9-18-39) ed by Sec. 1,Ord. 5111, 10-1-45) CHAPTER 24. TRAFFIC 209 24-602. Reckless Driving. (a) Any person who floored steel bridge over any river or creek in the City of drives any vehicle in such a manner as to indicate either a Salina, or any part of which is in the City of Salina,at a willful or a wanton disregard for the safety of persons rate of speed greater than fifteen miles per hour. or property is guilty of reckless driving. (b) Every per- (c) The fact that the speed of a vehicle is lower than son convicted of reckless driving shall be punished upon the foregoing prima facie limits shall not relieve the a first conviction by imprisonment for a period of not driver from the duty to decrease speed when approach- less than five days or more than ninety days or by fine ing and crossing an intersection, when approaching and of not less than $25 nor more than $500 or by both such going around a curve, when approaching a hill crest, fine and imprisonment and on second or subsequent con- when traveling upon any narrow or widening roadway, or viction shall be punished by imprisonment for not less when special hazard exists with respect to pedestrians or than ten days nor more than six months, or by a fine of other traffic or by reason of whether or highway condi- not less than $50 nor more than $500 or by both such cions, and speed shall be decreased as may be necessary fine and imprisonment. (G. S. 1947 Supp. 8-531; Sec. to avoid colliding with any person, vehicle, or other con- 27,Ord. 4953,9-18-39) veyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due ARTICLE 7. Speed Regulations care. 24-701. Speed Restrictions (d) In every charge of violation of this section, the 24-702. Minimum Speed Regulation complaint, also the summons, warrant or notice to ap- 24-703. Special Speed Limitation on Elevated Strut- Pear shall specify the'speed at which the defendant is al- lures leged to have driven, also the prima facie speed applic- 24-704. When Speed Restrictions Not Applicable able within the district or at the location. 24-701. Speed Restrictions. (a) No person shall (e) The foregoing provisions of this section shall not be construed to relieve the plaintiff in any action drive a vehicle on a highway at a speed greater than is civil reasonable and prudent under the conditions then exist- from the burden of proving negligence as the proximate cause of an accident. (G. S. 1947 Supp. 8-532; Sec. 28, 1°g' Ord. 4953,9-18-39, Revised 1948) (b) Where no special hazard exists the following speeds shall be lawful, but any speed in excess of said 24-702. Minimum Speed Regulation. No person limits shall be prima facie evidence that the speed is not shall drive a motor vehicle at such a slow speed as to reasonable or prudent and that it is unlawful: (1) impede or block the normal and reasonable movement Twenty (20) miles per hour in any business district, Thir- of traffic except when reduced speed is necessary for safe ty (30) miles per hour in any residence district, and Fif- operation or in compliance with law. Police officers are teen (15) miles per hour in any public park, except in hereby authorized to enforce this provision by directions school zones as hereinafter provided for. (2) Speed to drivers, and in the event of apparent willful dis- Limits Past Schools: No person shall drive any motor obedience to this provision and refusal to comply with di- vehicle on any portion of any street adjacent to any pub- rection of an officer in accordance herewith, the con- lie or private school grounds at any time when any school tinued slow operation by a driver shall be a misdemeanor. children are on or adjacent to the grounds or buildings (G.S. 1947 Supp. 8-534; Sec. 29,Ord. 4953,9-18-39) of such school, or approaching the same, at:a rate of speed greater than fifteen (15) miles per hour, or at a . 24-703. Special Speed Limitation on Bridge or rate of speed greater than is reasonable and proper, Elevated Structures. (a) No person shall drive a vehicle having regard for the traffic and use of the road and over any bridge or other elevated structure constituting a the condition of the road, nor at a rate of speed such as part of a highway at a speed which is greater than the to endanger the life or property or limb of any person; maximum speed which can be maintained with safety to provided further, that the driver of any vehicle traveling posted by the City of Salina or by the State Highway' bridge or structure, when such structure is sign- on any street adjacent to any private or public school y building, shall bring such vehicle to a complete stop Commission as provided for by law. (b) Upon the trial of any person charged with a violation of this Section, before passing or approaching such school building proof of said determination of the maximum speed by whenever he is signalled or requested so to do by a traffic officer or traffic director placed in such street for the pur- said commission or city and the existence of said signs of pose of directing traffic past any such school building, shall constitute conclusive evidence of the maximum and after being signalled to stop, it shall be unlawful for speed which can be maintained with safety to such bridge the driver of any such vehicle to proceed along any such or structure. (G. S. 1947 Supp. 8.535; Sec. 30, Ord. street until such street is clear of school children and 4953,9-18-39) until the person giving such signal shall have signalled 24-704. When Speed Restrictions Not Applicable. the driver of such vehicle to proceed. (3) That no per- The prima facie speed limitations set forth in this ordin- son shall drive any vehicle over or across any wooden ante shall not apply to authorized emergency vehicles • a • • • 210 ORDINANCES OF THE CITY OF SALINA, KANSAS when responding to emergency calls and the drivers there- may overtake and, allowing sufficient clearance, pass an of sound audible signal by bell, siren, or exhaust whistle. other vehicle proceeding in the same direction either This provision shall not relieve the driver of any .auth- upon the left or upon the right on a roadway with un- orized emergency vehicle from the duty to drive with due obstructed pavement of sufficient width for four or more regard for the safety of all persons using the street, nor lines of moving traffic when such movement can be shall it protect the driver of any such vehicle from the made in safety. No person shall drive off the pavement consequence of a reckless disregard of the safety of oth- or upon the shoulder of the roadway in overtaking or ers. (G. S. 1947 Supp. 8-536; Sec. 31, Ord. 4953, passing on the right. (G. S. 1947 Supp. 8-539; Sec. 34, 9-18-39) Ord. 4953, 9-18-39) ARTICLE 8. Driving Regulations 24-804. Limitations on Overtaking on the Left. (a) No vehicle shall be driven to the left side of the 24-801. Drive on Right Side of Roadway; Excep- center of the roadway in overtaking and passing another tions vehicle proceeding in the same direction unless such left 24-802. Overtaking a Vehicle on the Left side is clearly visible and is free of oncoming traffic for 24-803. When Overtaking on the Right Is Permitted a sufficient distance ahead to permit such overtaking and 24-804. Limitations on Overtaking on the Left passing to be completely made without interfering with 24.805. One-way Roadways and Rotary Traffic Is- the safe operation of any vehicle approaching from the lands opposite direction or any vehicle overtaken. In every 24-806. Driving on Roadways Laned for Traffic event the overtaking vehicle must return to the right 24-807. Following Too Closely • hand side of the roadway before coming within 100 24-808. Turning at Intersections feet of any vehicle approaching from the opposite di- 24-809. Turning on Curve or Crest of Grade Pro- rection. (6) No vehicle shall, in overtaking and passing hibited another vehicle or at any other time, be driven to the 24-810. Starting Parked Vehicle left side of the roadway under the following conditions: (1) When approaching the crest of a grade or upon a 24-801. Drive on Right Side of Roadway; Ex- ceptions. Upon all roadways of sufficient width a ye- curve in the highway where the driver's view along the hide shall be driven upon the right half of the road- highway is obstructed; (2) When approaching within 100 feet of any bridge, viaduct, or tunnel or when ap- way, except as follows: (I) When overtaking and pass- proaching within 100 feet of or traversing any intersec- ing another vehicle proceeding in the same dirmovement; (2) When the tmn or railroad- grade crossing; (3) Where official signs under the rules governing such movemen right half of a roadway is closed to traffic while under are in place directing that traffic keep to the right, or a construction or repair; (3) Upon a roadway divided into distinctive center line is marked, which distinctive line three or more marked lanes for traffic under the rules also so directs traffic as declared in the sign manual applicable thereon; or (4) upon a roadway designated adopted by the State Highway Commission. (G. S. 1947 and sign-posted for one-way traffic. (G. S. 1947 Supp. Supp. 8-540; Sec. 35, Ord.4953, 9--I8-39) 8-537; Sec. 37, Ord. 4953,9-18-39) 24-805. One-Way Roadways and Rotary Traffic Is- 24-802. Overtaking a Vehicle on the Left. The fol- lands. (a) Upon a road-way designated and sign-posted lowing rules shall govern the overtaking and passing of for one-way traffic a vehicle shall be driven only in the vehicles proceeding in the same direction, subject to direction designated. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of those limitations, exceptions, and special rules hereinafter stated: (a) The driver of a vehicle overtaking another such island. (G. S. 1947 Supp. 8-541; Sec. 36, Ord.• vehicle proceeding in the same direction shall pass to the 4953,9-18-39) left thereof at a safe distance and shall not again drive 24-806. Driving on Roadways Laned for Traffic. to the right side of the roadway until safely clear of the Whenever any roadway has been divided into three or overtaken vehicle. (b) Except when overtaking and more clearly marked lanes for traffic the following rules passing on the right is permitted, the driver of an over- in addition to all other consisting herewith shall apply; taken vehicle shall give way to the right in favor of the (a) A vehicle shall be driven as nearly as practical overtaking vehicle on audible signal and shall not in- entirely within a single lane and shall not be moved from crease the speed of his vehicle until completely passed by such lane until the driver has first ascertained that such the overtaking vehicle. (G. S. 1947 Supp. 8-538; Sec. movement can be made with safety. 33, Ord. 4953, 9-18-39) (b) Upon a roadway which is divided into three lanes 24-803. When Overtaking on the Right Is Permit- a vehicle shall not be driven in the center lane except ted. (a) The driver of a vehicle may overtake and pass when overtaking and passing another vehicle where the upon the right of another vehicle which is making or roadway is clearly visible and such center lane is clear of about to make a left turn. (b) The driver of a vehicle traffic within a safe distance, or in preparation for a -0 • • CHAPTER 24. TRAFFIC 211 left turn or where such center lane is ai the time allocated less and until such movement can be made with reason- exclusively to traffic Moving in the direction the vehicle able safety. is proceeding and is sign posted to give notice of such allocation. ARTICLE 9. Signals (c) Official signs may be erected directing slow-mov- 24-901. When Signal Required ing traffic to use a designated lane or allocating specified 24-902. Method of Giving Hand and Arm Signals lanes to traffic moving in the same direction and drivers 24-903. Vehicles Approaching or Entering Inter- of vehicles shall obey the directions of every such sign. section (G. S. 1947 Supp. 8-542; Sec. 37,Ord. 4953,9-18-39) 24-904. Vehicle Turning Left at Intersection 24-807. Following Too Closely. (a) The driver of 24-901. When Signal Required. (a) No person • a motor vehicle shall not follow another vehicle more shall turn a vehicle from a direct course upon a highway closely than is reasonable and prudent, having due re- unless and until such movement can be made with reason- gard for the speed of such vehicle and the traffic upon able safety, and then only after giving a clearly audible and the condition of the highway. (b) The driver of signal by sounding the horn if any pedestrian may be any motor truck when traveling upon a roadway outside affected by such movement, or after giving an appro- of a business or residence district shall not follow within priate signal in the manner hereinafter provided in the one hundred and fifty feet of another motor truck. (c) event any other vehicle may be affected by such move- The driver of any motor truck or truck tractor drawing a meat. (b) A signal of intention to turn right or left semi-trailer or another vehicle when traveling upon a shall be given continuously during not less than the last roadway.outside of a business or residence district shall 100 feet traveled by the vehicle before turning. (c) No not follow within two hundred fifty feet of another mo- person shall stop or suddenly decrease the speed of a tor truck or truck tractor drawing a semi-trailer or an- vehicle without first giving an appropriate signal in the other vehicle. The provisions of subdivisions (b) and manner provided herein to the driver of any vehicle im- (c) shall not be construed to prevent overtaking and mediately to the rear when there is opportunity to give passing, nor shall the same apply upon any lane specially such signal. (G. S. 1947 Supp. 8-547; Sec. 42, Ord. designated for use by motor trucks. (G. S. 1947 Supp. 4953,9-18-39) 8-543; Sec. 38,Ord.4953,9-18-39 Revised 1948) 24-902. Method of Giving Hand and Arse Signals. 24-808. Turning at Intersections. The driver of a All signals herein required given by hand and arm shall vehicle intending to turn at an intersection shall do so be given from the left side of the vehicle in the following as follows: (a) Both the approach for a right turn manner and such signals shall indicate as follows: (1) and a right turn shall be made as close as practical to Left turn—hand and arm extended horizontally. (2) the right-hand curb or edge of the roadway. (b) Ap- Right turn—hand and arm extended upward or moved proach for a left turn shall be made in that portion of with a sweeping motion from the rear to the front. (3) the right half of the roadway nearest the center line there- Stop or decrease of speed—hand and arm extended down- of, and after entering the intersection the left turn shall ward. G. S. 1947 Supp. 8-549; Sec. 43, Ord. 4953, be made so as to leave the intersection to the right of the 9-18-39) center line of the roadway being entered. (c) Approach 24.903. Vehicles Approaching or Entering Intersec- for a left turn from a two-way scree[ into a one-way Lion. (a) The driver of a vehicle approaching an inter- street shall be made in that portion of the right half of section shall yield the right-of-way to a vehicle which has the roadway nearest the center line thereof and by entered the intersection from a different highway. (b) passing to the right of such center line where it enters When'two vehicles enter an intersection from different the intersection. A left turn from a one-way street highways at the same time the driver of the vehicle on into a two-way street shall be made by passing to the the left shall yield the right-of-way to the vehicle on the right of the center line of the street being entered upon right. (c) The foregoing rules are modified at through leaving the intersection. (G. S. 1947 Supp. 8-544; Sec. highways and other wise as hereinafter stated in this 39, Ord. 4953,9-18-39) ordinance. (G. S. 1947 Supp. 8-550; Sec. 44, Ord. 24-809. Turning on Curve or Crest of Grade Pro- 4953,9-18-39) hibited. No vehicle shall be turned so as to proceed 24-904. Vehicle Turning Left at Intersection. The in the opposite direction upon any curve, or upon the ap- driver of a vehicle within an intersection intending to proach to, or near the crest of a grade, where such ve- turn to the left shall yield the right-of-way to any vehicle hide cannot be seen by the driver of any other vehicle approaching from the opposite direction which is within aproaching from either direction within 500 feet. (G. the intersection or so close thereto as to constitute an S. 1947 Supp. 8-545; Sec. 40, Ord.4953, 9-18-39) immediate hazard, but said driver, having so yielded and 24-810. Starting Parked Vehicles. No person shall having given a signal when and as required by this start a vehicle which is stopped, standing, or parked un- ordinance may make such left turn and the drivers of all 212 ORDINANCES OF THE CITY OF SALINA, KANSAS other vehicles approaching the intersection from said dicating the course to be traveled by vehicles turning at opposite direction shall yield the right-of-way to the ve- such intersections and such course to be traveled as so in- hide making the left turn. (G. S. 1947 Supp. 8-551; dicated may conform to or be other than is prescribed Sec.45; Ord. 4953,9-18-39) by law or ordinance. (Sec. 46, Ord. 4953, 9-18-39 Re- . vised, 1948) ARTICLE 10. Street Restrictions 24-1001. Obedience to no-turn Signs and Turning 24-1002. No-U-Turn Areas between Intersections. Markers The driver of any vehicle shall not turn such vehicle so 24-1002. No-U-Turn Areas between Intersection as to proceed in the opposite direction on Fourth Street, 24-1003. Limitations on Backing Fifth Street, Santa Fe Avenue, Eighth Street and Ninth Street from Mulberry Street to Elm Street; on Mul- 24-1004. Vehicle Entering Through Highway or Stop Intersection berry Street, Walnut Street, Iron Avenue, Ash Street and 24.1005. Through Streets Elm Street from Fourth Street to Ninth Street; on Craw- 24-1006. Additional Stops ford Street, from Montrose Street to Merrill Street; on 24-1007. Stop Signs; Traffic Control Devices Ninth Street from Elm Street to Otis Street; on Bishop 24-1008. Slow Signs Street from Ninth Street to Phillips Street; on Pacific 24-1009. Vehicle Entering Highway from Alley or Avenue from the east city limits to Ninth Street; and on Private Road or Driveway Broadway Boulevard from Pacific Avenue to Walnut 24-1010. Stop When Traffic Obstructed Street and shall not upon any other street so turn a ve- 24-1011. Operation or Vehicles on Approach of hide unless such movement can be made in safety and Authorized Emergency Vehicles without interference with other traffic; and without back- ing. (Revised, 1948) 24-1001. Obedience to no-turn Signs and Turning Markers. (a) Whenever authorized signs are erected in- 24.1003. Litititations on Backing. The driver of a dicating that no right or left or "U" turn is permitted vehicle shall not back the same into an intersection, or no driver of a vehicle shall disobey the directions of any over a crosswalk and shall not in any event or at any place such sign and when authorized marks, buttons, or other back a vehicle unless such movement can be made in indications are placed within an intersection indicating safety, and without danger to vehicles approaching from the course to be travelled by vehicles turning thereat, no the rear, which are lawfully using such street, and unless driver of a vehicle shall disobey the directions of such in- such vehicles lawfully approaching from the rear will dications. have ample time to see the backing vehicle and avoid (b) Jr shall be unlawful for the driver of any ve- colliding with the same. (G. S. 1947 Supp. 8-507; Sec. • hide to make a complete "U" turn on Santa Fe Avenue, 47,Ord. 4953,9-18-39) between and including the intersections of Santa Fe 24-1004. Vehicle Entering Through Highway or Avenue and Mulberry Street and Santa Fe Avenue and Stop Intersection. (a) The driver of a vehicle shall Elm Street or on Iron Avenue at its intersection with stop as required by this ordinance at the entrance to a Fifth Street, Seventh Street or Ninth Street, or on Wal- through highway and shall yield the right-of-way to other nut Street at its intersection with Fifth Street, Seventh vehicles which have entered the intersection from said Street or Ninth Street, or on Ash Street at is intersection through highway or which are approaching so closely on with Seventh or Ninth Street, or on Ninth Street at its said through highway as to constitute an immediate intersection with Mulberry Street, Crawford Street, Pacific hazard, but said driver having so yielded may proceed, Avenue or Claftin Avenue, or on State Street at its inter- and the drivers of all other vehicles approaching the ection with Broadway Boulevard, or at any other inter- intersection on said through highway shall yield the right- section or place on any highway in said city which may of-way to the vehicle so proceeding into or across the be hereafter designated by ordinance, or at any inter- through highway. section or place on any highway in said city now or hereafter designated by ordinance to be controlled by (b) The driver of a vehicle shall likewise stop in automatic electric traffic-control devices, and the City obedience to a stop sign as required herein at an intersec- Manager shall place proper signs at such intersections; non where a stop sign is erected at one or more en- provided, that no "U" turns or other turns shall be made trances thereto, although not a part.of a through high- on any streets unless such turn can be made without inter- way, and shall proceed cautiously, yielding to vehicles not fering with other traffic on such street and without danger so obliged to stop which are within the intersection or to other traffic and only when no other traffic is ap• approaching so closely as to constitute an immediate proaching which might collide with the vehicle being hazard, but may then proceed. (G. S 1947 Supp. 8-552; turned. 8-568; Sec. 48A, Ord. 4953, 9-18-39) (c) The City Manager is authorized to place markers, • 24-1005. Through Streets. Those streets and parts buttons, or signs, within or adjacent to intersections, in- of streets described as follows: except where the inter- • CHAPTER 24. TRAFFIC 213 section of the intercepting street is controlled by electric connecting link in the State Highway system shall con- traffic-control device: form to the State Manual and specifications adopted by Santa Fe'Avenue from the south line of Otis Street the State Highway Commission. All other stop' signs to the north line of Claflin Avenue, except at Pacific and traffic control devices erected by the City of Salina Avenue. pursuant to this ordinance shall be of such kind and Iron Avenue from the west line of College Avenue character as are sufficient to indicate and carry out the to the east line of Marymount Road, except at the en- provisions of this ordinance and of the laws of the trance to Iron Avenue from the north on College State of Kansas relating to traffic in cities and of such Avenue. type as may be selected and installed by the City Ninth Street from the north city limits to the south Manager with the approval of the Board of Commis' line of Cloud Street, except at its intersection with Pa- sioners. (G. S. 1947 Supp.8-511, 8-568; Sec. 48C, Ord. cific Avenue and Broadway Boulevard. 4953,9-18-39) Ash Street from the east line of Seventh Street to the 24-1008. Slow Signs. Wherever at any intersection west line of Phillips Street. or other place on any street the volume or condition of College Avenue from the north line of Elm Street to the traffic is such, in the judgment of the City Manager the south line of Walnut Street except at Iron Avenue, and the Chief of Police, as to make the same necessary and except at the entrance.to College Avenue from the for the safety of traffic, or wherever on any street the west on State Street. Board of Commisioners may order the same, signs shall State Street from the east line of Broadway Boulevard be placed in such streets bearing the word "SLOW". to the east line of College Avenue; except at the en- Whenever any such sign is placed in any street, the same trance to State Street from the south on College shall be deemed to be a warning to all traffic approach- Avenue. • ing such sign that a dangerous or hazardous condition Pacific Avenue from the east city limits to the west exists, and it shall be the duty of the driver of any ve- line of Ninth Street, and Broadway Boulevard, from the hide approaching such sign or entering any intersection west line of Ninth Street to the south city limits. where such sign is placed to slow down the speed of his Walnut Street from the west line of Ninth Street to vehicle to such speed as is reasonable under the cir- the east line of Broadway Boulevard. cumstances in view of the condition of traffic at such Mulberry Street from the east line of Second Street to place, and so as to have his vehicle under sufficient con- the east line of Ninth Street. trol to avoid any collision with any other vehicle, person Walnut Street from its intersection with the center or object, and he shall not increase the speed of his ve- line of the channel of the Smoky Hill River to the east hide until the danger thereof has passed. (G. S. 1947 line of Ninth Street. Supp. 8-507; Sec. 49, Ord. 4953, 9-18-39) Crawford Street from the west line of the city limits to the east line of the city limits, excepting at its inter- 24-1009. Vehicle Entering Highway from Alley or section with Ninth Street and Santa Fe Avenue. G. S. Private Road or Driveway. The driver of a vehicle 1947 Supp. 8-508; Sec. 48B, Ord. 4953, 9-18-39) (Sec. about to enter or cross a highway from an alley or from 1, Ord. 5345, 10-4-48. Revised 1948) a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway. (G. S. 1947 24-1006. Additional Stops. No vehicle shall enter Supp. 8-553,Sec. 50, Ord. 4953,9-18-39, Revised 1948) any of the following named streets from the streets here. inafter designated, or any other intersection to the en- 24-1010. Stop When Traffic Obstructed. No driver trance to which a stop sign may be erected by order of shall enter an intersection or a marked crosswalk unless the Board of Commissioners, without first being brought there is sufficient space on the other side of the inter- ' to a full and complete stop at the street line of the street section or crosswalk to accommodate the vehicle he is which is to be entered, and shall not proceed until dan- operating without obstructing the passage of other ve- ger of colliding with vehicles lawfully proceeding along hides or pedestrians, notwithstanding any traffic control any such street or approaching or going through any signal indication to proceed. (Sec. 51, Ord. 4953, such intersection has passed, to-wit: Ash Street, from 9.18-39) Columbia Avenue (south side only), from Penn Avenue, 24-1011. Operation of Vehicles on Approach of and from Third Street; Mulberry Street, from Fifth Authorized Emergency Vehicles. (a) Upon the im- Street (north side only); Walnut Street from Seventh mediate approach of an authorized emergency vehicle, Street and Eighth Street. (Sec. 48C, Ord. 4953, as when the driver is giving audible signal by siren, exhaust amended by Sec. I,Ord. 4981 11-25-40) whistle or bell, the driver of every other vehicle shall 24-1007. Stop Signs: Traffic Control Devices. Ev- yield the right-of-way and shall immediately drive to a ery such stop sign and every traffic control device here- position parallel to, and as close as possible to the right. after erected upon any street or at the entrance to any hand edge or curb of the highway, clear of any intersec- street designated by the State Highway Commission as a don, and shall stop and remain in such position until the 214 ORDINANCES OF THE CITY OF SALINA, KANSAS • authorized emergency vehicle has passed, except when upon the right half of crosswalks. (G. S. 1947 Supp. otherwise directed by a police officer. (b) This section 8-558; Sec. 56,Ord. 4953,9-18-39) shall not operate to relieve the driver of an authorized 24-1105. Pedestrians Soliciting Rides. No person emergency vehicle from the duty to drive with due regard shall stand or walk in a roadway for the purpose of for the safety of all persons using the highway. (G. S. soliciting a ride from the operator of any private vehicle. 1947 Supp.•8-554; Sec. 52,Ord. 4953,9-18-39) (Sec. 57,Ord. 4953,9-18-39) ARTICLE 11. Pedestrians ARTICLE 12. Safety Zone 24.1101. Pedestrians Subject to Traffic-control 24-1201. Driving Through Safety Zone Prohibited. Signals No vehicle shall at any time be driven through, within, 24-1102. Pedestrians' Right-of-Way at Crosswalks or parked in a safety zone. . (G. S. 1947 Supp.Crossing at Other than Crosswalks P ty pp- 8-563; 24-1104. Pedestrians to use Right Half of Crosswalks Sec.58,Ord.4953,9-18-39) 24-1105. Pedestrians Soliciting Rides ARTICLE 13. Trains and Railroads 24-1101. Pedestrians Subject to Traffic-control Sig- 24-1301. Obedience to Signal Indicating Approach nals. Pedestrians shall be subject to traffic-control signals of Train at intersections as heretofore declared in this ordinance, 14-1302. All Vehicles Must Stop at Certain Railroad but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Grade Vehicles Certain Ve Vehicles Must Stop at All Railroad this ordinance. (G. S. 1947 Supp. 8-555; Sec. 53, Grade Crossings Ord.4953,9-18-39) 24-1304. Manager to Sign 24-1102. Pedestrians' Right-of-Way at Crosswalks. 24-1305. Moving Heavy Equipment at Railroad • Where traffic-control signals are not in place or in opera- Grade Crossing tion the driver of a vehicle shall yield the right-of-way, 24-1306. Railroad Trains Not to Block Streets slowing down or stopping if need be to so yield, to a 24-1307. Railroads,Backing Across Streets pedestrian crossing the roadway within any marked cross- 24-1301. Obedience to Signal Indicating Approach walk or within any unmarked crosswalk at an intersection, of Train. (a) Whenever any person driving a vehicle except as otherwise provided in this ordinance, (b) approaches a railroad grade crossing and a clearly visi- Whenever any vehicle is stopped at a marked cross- ble electric or mechanical signal device or a flagman walk or at any unmarked crosswalk at an intersection gives warning of the immediate approach of a train, the to permit a pedestrian to cross the roadway, the driver driver of such vehicle shall stop within fifty feet but not of any other vehicle approaching from the rear shall not less than ten feet from the nearest track of such railroad • overtake and pass such stopped vehicle. (G. S. 1947 and shall not proceed until he can do so safely (b) The Supp. 8-556;Sec. 54, Ord. 4953, 9-18-39) driver of a vehicle shall stop and remain standing and 24-1103. Crossing at Other than Crosswalks (a) and not traverse such grade crossing when a crossing gate Every pedestrian crossing a roadway at a point other is lowered or when a human flagman gives or continues to than within a marked crosswalk or within an unmarked give a signal of the approach or passage of a train. (G. crosswalk at an intersection shall yield the right-of-way S. 1947 Supp. 8-564; Sec. 59,Ord. 4953, 9-18-39) to all vehicles upon the roadway. (b) Any pedestrian 24-1302. All Vehicles Must Stop at Certain Railroad crossing a roadway at a point where a pedestrian tunnel Grade Crossings. The State Highway Commission is or overhead pedestrian crossing has been provided shall hereby authorized to designate particularly dangerous yield the right-of-way to all vehicles upon the roadway. highway grade crossings of railroads and to erect stop (c) Between adjacent intersections at which traffic-con- signs thereat. When such stop signs are erected the trol signals are in operation pedestrians shall not cross at driver of any vehicle shall stop Within fifty feet but not any place except in a marked crosswalk. (d) Notwith- less than ten feet from the nearest track of such grade standing the provisions of this section every driver of a crossing and shall proceed only upon exercising due care. vehicle shall exercise due care to avoid colliding with any (G. S. 1947 Supp. 8-565; Sec. 60, Ord 4953,9-18-39) pedestrian upon any roadway, and shaft give warning by sounding the horn when necessary, and shall exercise 24-1303. Certain Vehicles Must Stop at All Railroad proper precaution upon observing any child or any con- Grade Crossings. The driver of every vehicle shall fused or incapacitated person upon a roadway. (G. S_ bring such vehicle to a complete stop before entering the 1947 Supp. 8-557; Sec. 55, Ord.4953,9-18-39) intersection of the streets hereinafter named, with the rail- road tracks or crossings hereinafter named, in the City 24-1104. Pedestrians to use Right Half of Cross- of Salina, and before driving or propelling such vehicle walks. Pedestrians shall move, whenever practicable, • into or across any such railroad crossing,to-wic • CHAPTER 24. TRAFFIC 215 South bound vehicles, on Santa Fe Avenue and on use of any street for purposes of travel for a period of Ninth Street, at the intersection or crossing of such time longer than 5 minutes, except that this provision streets and the Union Pacific main line tracks, shall stop shall not apply to trains of cars in motion other than before entering such railroad crossings, at the north side those engaged in switching. (Sec. 63, Ord. 4953, of such tracks, at a point approximately even with the 9-I8-39) stop sign or signs to be placed as hereinafter in this 24-1307. Railroads, Backing Across Streets. It shall ordinance provided for. be unlawful for the directing officer or the operator of North bound vehicles, on Santa Fe Avenue and on any railroad train or any brakeman, switchmen, engineer, Ninth Street, at the intersection or crossing of such or other employee or officer of any railroad to permit or streets and the Missouri Pacific Railroad tracks, and at cause to permit any train or car or cars of a train or other the intersection or crossing of such streets and the Union object moving along such track to back across any street, Pacific tracks at the south side of such crossings, at avenue or thoroughfare in the City of Salina without points approximately even with the stop sign to be first stationing, or causing to be stationed in said street, placed as hereinafter in this ordinance provided for. avenue or thoroughfare, a flagman or other employee of (Sec. 1,Ord. 4990, 1-20-41, Revised 1948) said railroad whose duty it shall.be to warn, by suitable 24.1304. Manager to Sign. Stop signs, of such type signals, all approaching traffic of the immediate ap- or types as may be selected by the City Manager with the proach of such train or car or cars of such train or other approval of the Board of Commissioners, shall be object moving along such track; provided further, that placed at the entrance to the intersections or crossings no railroad car or cars, or other object moving along designated in the previous section of this ordinance. such track shall be shuttled, switched, driven or "bump- Such stop signs shall be placed at the side or curb line ed" across any street, avenue or thoroughfare in the City of Salina unless such cars are attached to an engine and of such streets, facing the approaching traffic which is g required by this ordinance to stop at such places, and under proper control. (Sec. 64, Ord. 4953,9-18.39) shall be either of a reflector type which is self illuminat- ing at night, or equipped with flashing illuminated sig- ARTICLE 14. Stopping and Parking nals, and in addition the City Manager may, if he deems 24-1401. Stop Before Emerging from Alley or Pri- necessary, place in the street at such places flexible rub- vale Driveway ber flap stop signs or metal button type stop signs. (Sec. 24-1402. Stopping, Standing, or Parking Outside of 2, Ord. 4990, 1-20-41, Revised 1948) . Business or Residence Districts 24-1305. Moving Heavy Equipment at Railroad 24-1403. Officers Authorized to Remove Illegally Stopped Vehicles Grade Crossings. (a) No person shall operate or move 24-1404. Streets as Parking Zones or Stations for any crawler type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating Buses; Prohibited; Exceptions speed of six or less miles per hour or a vertical body or 24-1405. Same; Violation; Penalty load clearance of less than nine inches above the level 24-1406. Stopping, Standing, or Parking Prohibited surface of a roadway upon or across any tracks at a in Specified Places railroad grade crossing without first complying with this 24-1407. Use of Alleys by Trucks section. 24-1408. One-way Alleys (b) Before making any such crossing the person 24-1409. Parking Adjacent to School operating or moving any such vehicle or equipment shall 24-1410. Parking of Vehicles first stop the same not less than ten feet nor more than 24-2411. Angle Parking thirty feet from the nearest rail of such railway, and 24-1412. No Parking Zones while so stopped shall listen and look in both directions 24-1413. No Parking Signs along such track for any approaching train and for 24-1414. Parking Time Limited in Designated signals indicating the approach of a train, and shall Places; One Hour Parking Zone not proceed until the crossing can be made safely. 24-1415. Same; Two Hour Parking Zone (c) No such crossing shall be made when warning is 24-1416. Same; 30 Minute Parking Zones given by automatic signal or crossing-gates or flagmen or 24-1417. Same; Twenty Minutes Parking Zones otherwise of the immediate approach of a railroad train .24-1418. Marking of Vehicles or car. (G. S. 1947 Supp. 8-567; Sec. 62, Ord. 4953, 24-1419. Bus and Taxicab Stands 9-18-39) 24-1420. Truck Parking; Generally 24-1306. Railroad Trains Not to Block Streets. It 24-1421. All Night.Truck Parking; Truck Parking shall be unlawful for the directing officer or the operator In Driveway and Yards of any railroad train to direct the operation of or to 24-1422. Impounding Vehicles Becoming a Nuis- . operate the same in such a manner as to prevent the ante 216 ORDINANCES OF THE CITY OF SALINA, KANSAS 24-1401. Stop Before Emerging from Alley or Pri- shall be fined not less than $25.00 nor more than $100.00 vate Driveway. The driver of a vehicle within a busi• for each offense, (Sec. 69, Ord. 4953,9-18-39) ness or residence district emerging from an alley, drive- way, or building shall stop such vehicle immediately 24-1406. Stopping, Standing, or Parking Prohibited prior to driving onto a sidewalk or into the sidewalk area in Specified Places. (a) No person shall stop, stand, or extending across any alleyway or private driveway. (G. park any vehicle upon a street other than an alley, in 'S. 1947 Supp. 8-569,Sec. 65,Ord. 4953 9-I8-39) such a manner or under such conditions as to leave available less than 20 feet of the width of the roadway 24-1402. Stopping, Standing, or Parking Outside for free movement of vehicular traffic, except that a of Business or Residence Districts. (a) Upon any high- driver may stop temporarily during the actual loading or way outside of a business or residence district no person unloading of passengers, or when necessary to avoid shall stop, park or leave standing any vehicle, whether at- conflict with other traffic or in compliance with the di- - :ended or unattended, upon the paved or improved or rections of a police officer or traffic-control device. main traveled part of the highway when it is practical to (b) It shall be unlawful for any person to park any stop, park, or so leave such vehicle off-such part of said vehicle in any of the following places: (1) On a side- highway, but in every'event a clear and unobstructed walk, or so that any part of such vehicle or the contents width of at least twenty feet of such part of the highway thereof extends across such sidewalk; (2) in front of a. opposite such standing vehicle shall be left for the free public or private driveway; (3) within an intersection; passage of other vehicles and a clear view of such stop- (4) within fifteen feet of a fire hydrant; (5) on a cross- ped vehicle be available from a distance of 200 feet in walk; (6) within twenty feet of a crosswalk at an intersec- each direction upon such highway. (b) This section Lion; (7) within thirty feet upon the approach to any shall not apply to the driver of any vehicle which is dis- flashing beacon, stop sign, or traffic-control signal lo- abled while on the paved or improved or main traveled cased at the side of a roadway; (8) between a safety portion of a highway in such manner and to such extent zone and the adjacent curb or within thirty feet of that it is impossible to avoid stopping and temporarily points on the curb immediately opposite the ends of a leaving such disabled vehicle in such position. (G. S. safety zone, unless a different length is indicated by 1947 Supp. 8.570; Sec. 66,Ord. 4953,9-18-39) signs or markings; (9) within fifty feet of the nearest 24-1403. Officers Authorized to Remove Illegally rail of a railroad crossing; (10) within twenty feet of the Stopped Vehicles. (a) Whenever any police officer driveway entrance to any fire station and on the side of a finds a vehicle standing upon a highway in violation of street opposite the entrance to any fire station within any of the foregoing provisions of Section 66, (24.1402) seventy-five feet of said entrance (when properly sign- such officer is hereby authorized to move such vehicle, or posted); (11) alongside or opposite any street excavation require the driver or other person in charge of the ve- or obstruction when such stopping, standing, or parking hide to move the same, to a position off the paved or Mould obstruct traffic; (12) on the roadway side of any improved or main traveled of such highway. (b) When- vehicle stopped or parked at the edge of curb of a ever any police officer finds a vehicle unattended upon street; (13) upon any bridge or other elevated structure any bridge or causeway or in any tunnel or on any part upon a highway or within a highway tunnel; (14) at any of any highway where such vehicle constitutes an place where official signs prohibit stopping. obstruction to traffic, such officer is hereby authorized to (c) No person shall move a vehicle not owned by provide for 'the removal of such vehicle,to the nearest such person into any such prohibited area or away from garage or other place of safety. (G. S. 1947 Supp. a curb such distance as is unlawful. 8-571; Sec. 67, Ord. 4953,9-18-39) (d) It shall be unlawful to park any vehicle in any 24-1404. Streets as Parking Zones or Stations for alley, except for the purpose of loading or unloading Buses; Prohibited; Exceptions. That afier this ordin- merchandise or other property from or onto premises ance takes effect, it shall be unlawful for any person, co- adjacent to such alley, and then only for such time partnership or corporation, or any agent, representative as is reasonably necessary to complete such loading or or employee thereof to use any of the streets in the City unloading. (G. S. 1947 Supp. 8.572; Sec. 70, Ord. of Salina or any part or 'parts thereof as a parking 4953,9-18-39, Revised 1948) zone or as a loading or unloading station for buses and 24-1407. One-way Alleys. (1) The following alleys stages, except as provided for in any bus franchise ordin- are hereby designated as one-way alleys and traffic may ance. (Sec. 68,Ord.4953, 9-18-39) move in one direction.only along said alleys. (a) Alley 24.1405. Same: Violation: Penalty. Any person, between Fifth Street and Santa Fe Avenue from Ash copartnership or corporation, or any agent, servant or Street to Walnut Street. (b) Alley between Santa Fe employee thereof who shall violate or cause or permit and Seventh Street from Elm to Walnut Street. (c) the violation of any of the provisions of Section 68 Alley between Seventh Street and Eighth Street from (24-1404) shall be deemed guilty of a misdemeanor and Iron to Ash. • • • CHAPTER 24. TRAFFIC 217 (2) The City Manager shall cause suitable signs to City Manager and the Street Department to cause to be be maintained designating the direction of the flow of plainly marked upon the curb or along the curb line, by traffic through said alleys. means of painted lines set at an angle of 45 degrees with (3) Parking in said alleys is hereby prohibited ex- the curb line, and (10) ten feet (6) inches distant from cept for the'purpose of loading and unloading, and in no center to center of such lines at the curb line, indicating instance may a vehicle be parked longer than fifteen the spaces within which and the angle at which all ve- hides shall be parked on such portions of such streets, minutes in any one 'place or one stop when other ve- hides are waiting for passage along the alley. and it shall be unlawful for any driver or owner of any vehicle to park or permit the same to be parked on any (4) All parking is prohibited in the alley between portion of any such street except within the space so Fifth Street and Santa Fe Avenue from Ash Street south indicated, and at the angle so indicated, the streets upon one-hundred (100) feet, for purpose of allowing Fire which such angle parking is to be required being as fol- Department trucks free and clear ingress and egress. lows: (Sec. 1, 2, 3,4,Ord. 5129, 12-10-45, Revised 1948) Santa Fe Avenue between Pine Street and Mulberry 24-1408. Use of Alleys by Trucks. It shall be un- Street. lawful on account of danger to other traffic and to East side of Santa Fe Avenue from Claflin Avenue property of other persons caused thereby and the hazard to Kirwin Avenue. to other traffic when such vehicles are driven into or East side of Santa Fe Avenue from Ellsworth Avenue from alleys for any person to drive or back, or cause to to the alley north of Ellsworth Avenue. be driven or backed into or from, or to stand in any West side of Santa Fe Avenue from Mulberry Street alley in the City of Salina, where the width of such to South Street. alley is not more than 10 feet, any truck having a total West side of Santa Fe Avenue from Jewell Avenue length of more than twenty feet, or any combination of to Kirwin Street. vehicles commonly known as truck and trailer or semi- Fifth Street between Ash Street and Walnut Street. trailer, or tractor and trailer or semi-trailer (Sec. 71, Seventh Street between Elm Street and Walnut Ord. 4953, 9-18-39) Street. 24-1409. Parking Adjacent to School. There are East side of Eighth Street between Ash Street and hereby created "No Parking" zones 30 feet in length Walnut Street. along the curb lines immediately in front of and adjacent Iron Avenue between Fourth Street and Ninth Street. to the entrance or entrances of every school building in North side of Mulberry Street from Fifth Street to the City of Salina and on the north side of Mulberry the alley west of Santa Fe Avenue. • Street adjacent to the.Washington High School build- Claflin Avenue between Highland Avenue and ing, and on the west side of Ninth Street adjacent to Fourth Street. the grounds of the Bartlett School, and it shall be un- Provided further, that wherever the curbs of any street lawful for any person to park any vehicle in any such have been set back and additional width of paving pro- "No Parking" zone. (Sec. 72, Ord. 4953, 9.18-39) vided, the City Manager may designate such spaces for 24-1410. Parking of Vehicles. Except as herein angle parking and may cause the same to be marked for otherwise provided, all vehicles when parked or left such purpose, in which event they shall be governed by standing in any street shall be parked parallel with the the same regulations as streets specifically designated curb or gutter line of such street, and with the right for such purpose. Where curbs have been cut for drive- hand side of the vehicle not more than one foot distant ways, but such driveways are not being used for such pur- from the said right hand curb or gutter line of such pose the space along the curb line in front of such street, and where there is no curb it shall be stopped or driveways shall be used for parking. (G. S. 1947 Supp. parked with the right hand wheels parallel with and as A-573; Sec. 74, Ord. 4953, as amended by Sec. 1, Ord. close as may be practicable to the right hand edge of 5115, 10-15-45) the roadway; Provided, that on Iron Avenue between 24-1412. No Parking Zones. At the end of each • Delaware Street and Marymount Road, no vehicle shall block within the business district and specifically upon all be parked or stopped on the concrete pavement slab or streets where angle parking is required and at such oth- within two feet from either side of such pavement. (G. er places on any street as the City Manager may deem S. 1947 Supp. 8-573; Sec. 73,Ord. 4953,9-18.39) necessary or as may be ordered by the Board of Com- 24-1411. Angle Parking. On the following named missioners, zones shall be set aside and designated where streets, vehicles shall be parked with the right side of any parking of vehicles shall be prohibited, and it shall be such vehicle toward and at an angle'of 45 degrees with the duty of the City Manager to cause signs to be erected the right hand curb line of such street, and with the right or the curbs to be marked, but such distance within each front wheel of such vehicle against the curb or on the such district, designating and setting apart such no park- curb line of such streeet, and it shall be•the duty of the ing zones, as in his judgment is reasonable and propel • 218 ORDINANCES OF THE CITY OF SAUNA, KANSAS for the safety of traffic and pedestrians using such streets, Street. (G. S. 1947 Sapp. 8-508; Sec. 1, Ordinances or for such distance as may be hereafter specifically 5004, 5133, 5143, 5192 Revised 1948) ordered by the Board of Commissioners, and when such signs are erected or painted, it shall be unlawful for any 24-1416. Same; 30 Minute Parking Zones. Two person to parking zones for five cars each, are hereby stablished on p park any vehicle within any zone so designated each side of Santa Fe Avenue in the City of Salina be- and marked. (G. S. 1947 Supp. 8-572; Sec. 75, Ord. City 4953, 9-18-39) twecn Ash Street and Elm Street. The City Manager shall designate and have marked such zones, and after 24-1413. No Parking Signs. Each zone or place on they are so marked, it shall be unlawful for any person any street in the City of Salina where parking is pro- to park or leave or cause or permit to be parked or left hibited under the provisions of this ordinance or any in any space in any such zone, any vehicle for more than other ordinance of said city shall be plainly marked and thirty minutes at any one time between the hours of 7 designated by signs or by having marked on the curb the o'clock A.M. and 7 o'clock P.M. (G. S. 1947 Supp. words "No Parking", and this ordinance shall not be el- 8-508; Sec. 77B, Ord. 4953, 9-18-39) fective as to any zone or place unless the same is so marked, except in case of parking near a fire hydrant. 24-1417. Same; Twenty Minutes Parking Zones. (G. S. 1.947 Supp. 8-572; Sec. 76, Ord. 4953, 9.18.39) The City Manager shall and he is hereby authorized and directed to designate and have marked three zones on 24-1414. Parking Time Limited in Designated each side of each block on Santa Fe Avenue between Ash Places; One Hour Parking Zone. No person shall park Street and Walnut Street, and two zones on the west side or leave or cause or permit to be parked or left, any of the one zone on the east side of Fifth Street between vehicle for more than one hour at any one time, and in Iron Avenue and Ash Street, and two zones on each any one place, between the hours of 7 o'clock A. M. and side of Fifth Street between Iron Avenue and Walnut 7 o'clock P. M. on any day of the week except Sunday, Street with parking spaces in each of such zones for five on any of the following street in the City of Salina be- cars, and one zone in each block, on each side of Iron tween the limits hereinafter mentioned,to-wit: Avenue between Fifth Street and Seventh Street, and two On Fifth Street from Ash Street to Walnut Street. zones on each side of Seventh Street between Ash Street On Iron Avenue from Fourth Street to Fifth Street. and-Iron Avenue, with parking spaces in each of such On the south side of Iron Avenue from a point half zones for three cars, and all of the south side of Iron way between Seventh Street and Eighth Street thence Avenue between Eighth Street and the driveway east of west to Eighth Street. the Post Office building,and all of the east side of Eighth On Walnut Street from Fifth Street to Seventh Street between Iron Avenue and the driveway south of the Street. Post Office building, and after such zones are designated' On Ash Street from Fifth Street to Seventh Street. and marked it shall be unlawful for any person to park or Provided that the parking limits herein provided for leave or cause or permit to be parked or left in any one • shall not apply where other limits within the zones here- car parking space in any such zone any vehicle for more than twenty minutes at one time, between the hours of 9 by created are otherwise specifically provided for by ordinance. (G. S. 1947 Supp. 8-508; Sec. 77A, Ord. o'clock A. M. and 9 o'clock P. M. on any day except 4953 as amended by Sec. 2, Ord. 4981, 11-25-40 Re- Sunday. (G. S. 1947 Supp. 8-508; Sec. 77C, Ord. 4953 vised 1948) as amended by Sec. 3,Ord. 4981, 11-25-40) 24-1415. Same; Two Hour Parking Zone. No per- 24-1418. Marking of Vehicles. The Chief of Po- 'son park or leave or cause or permit to be parked or left lice shall cause all vehicles parked on that portion of the any vehicle for more than two hours at any one time at streets designated in Sections 77A, (24-1415) 77B, any one place between the hours of 7 o'clock A.M.and 7 (24.1410) and 77C, (24-1417) of this ordinance to be o'clock P.M. on any day of the week except Sunday, on marked in such manner as to distinguish such vehicles any of the following streets in the City of Salina, be- during the hours in which the parking requirements tween the limits hereinafter mentioned,to-wit: within such limits are effective, and any person who On each side of Eighth Street from Iron Avenue shall remove, erase, or destroy or cause to be removed, north to a point 150 feet south of the south line of Ash erased or destroyed any mark plated'upon any such ve- Street. - hide or upon the Tires thereof by any police officer, On the east side of Eighth Street between Walnut otherwise than for the purpose and in the course of com- Street and the driveway south of the post office, said plying with the provisions of this ordinance, shall be driveway being the first driveway south of Iron Avenue. deemed guilty of a violation of this ordinance. (G. S. On the north and on the south side of Ash Street be- 1947 Supp. 8-507; Sec. 78,Ord. 4953, 9-18-39) tween Seventh Street and Eighth Street. 24-1419. Bus and Taxicab Stands. It shall be un- On the north side of Iron Avenue from the east line lawful for any person to use any part of any street for of Ninth Street thence east to the west line of Eighth the parking of any taxicab for a taxicab stand or station CHAPTER 24. TRAFFIC • 219 except as are specifically prescribed and designated in none of the provisions contained in the foregoing sec- the ordinances of the City of Salina relating to taxicabs, [ion shall be deemed to permit the temporary parking and it shall be unlawful for any person to use any por- for any purpose on portions of streets where angle park- don of any street for the parking of any passenger ing is required by any ordinance, of a combination of carrying bus or stage or as a station or stand for any such vehicles commercially known as truck and trailer or . bus or stage, except as specifically prescribed or de- semi-trailer, and the parking of such vehicles on such signated by an ordinance of the City of Salina relating streets shall be covered by the provisions of the first thereto or as permitted in any franchise ordinance or sentence of this section. (G. S. 1947 Supp. 8-507; Sec. agreement duly entered into by the Board of Commis- 80,Ord. 4953, 9-18.39) • sinners of said city and owners or operators of any such 24-1421. All Night Truck Parking; Truck Parking bus or stage, provided however, that this provision shall in Driveway and Yards. It shall be unlawful for any not prevent the driver of any bus or taxicab from tem- person to use any street in the City of Salina for what is porarily stopping in accordance with other stop or commonly known as the all-night parking of any truck or parking regulations at any place for the purpose of and commercial vehicle, or to park or permit any such truck while actually engaged in loading or unloading pas- or commercial vehicle to stand all night in any street; sengers. Provided further, that no person shall stop, and no such truck or commercial vehicle shall be parked stand or park such vehicle other than a bus in a bus stop or kept all night in any driveway or front yard of any or other than a taxicab in a taxicab stand when such stop private premises in the City of Salina in any residential or stand has been officially designated and nppro- district as designated by the zoning ordinance of said princely signed, except that the driver of a passenger ve- city or amendments thereto, between the street line and hide may temporarily stop therein for the purpose of and the building set back line as designated by such zoning while actually engaging in loading or unloading pas- ordinance; and if such truck or commercial vehicle is sengers when such stopping does not interfere with any one used for the transportation of live stock or gasoline bus or taxicab waiting in or about to enter such zone. or other flammable liquid, the same shall not be parked (See also Sec. 24-1404 and Chap. 13, Art. 13.) (G. S. at-any time in any driveway or yard within 50 feet of 1947 Supp. 8-507; Sec. 79, Ord. 4953,9-18-39- any dwelling house occupied by any person or family • 24-1420. Truck Parking; Generally. It shall be un- other than the person or family of the person owning lawful for any person to park or leave any combination or using such truck or commercial vehicle. For the pur- of vehicles commonly known as a truck and trailer or pose of this ordinance, all night parking is defined as the truck and semi-trailer on any portion of a street in the parking of any vehicle in one or more places within any City of Salina where angle parking is required by ordin- prohibited area, for a total of more than three hours be- ance, at any time, either for loading or unloading pro- tween the hour of 10 o'clock P. NI. and 7 o'clock A. M. perty or for any other purpose. It shall be unlawful G. S. 1947 Supp; 8-507; Sec. 81, Ord. 4953; 9-18-39) for any person to park or leave any vehicle of any kind 24-1422. Impounding Vehicles Becoming a Nuis- having a total length of more than 18 feet on any street ante. (a) Any unoccupied vehicle left parked con- in the City of Salina where angle parking of vehicles is tinuously upon any street of The City of Salina for twen- required by ordinance, except temporarily for the pur- ty-four (24) hours or more, is hereby declared to be a pose of loading or unloading merchandise and then only nuisance. It shall be the duty of the Chief of Police to when the use of such vehicle for such purpose does not cause such vehicles to be removed and impounded in interfere with the regular traffic on such street, and will a public vehicular storage garage.• Thereafter such ve- leave at least 20 feet of clear space for the travel of ye- hides shall be surrendered to the duly identified owners hides on such street. Any projection or extension from thereof only upon the payment of the pound fee of Two the front or rear of any vehicle whether a part of such and 50-100 Dollars ($2.50), together with any additional vehicle or of the contents thereof shall be deemed to be storage charge or towing-in fee, which is necessarily included in the total length of such vehicle under the incurred by the Chief of Police, or.any other depart- provisions of this ordinance and in the case of a horse ment of The City of Salina for the towing-in and stor- drawn vehicle the distance from the horses' heads to the age of such vehicle. rear of the vehicle or any extension thereof shall be in- (b) Any vehicle against which there has ben issued eluded in the length of such vehicle. All vehicles above three or more trdffic summons, either for exceeding the referred to when parked or left in any street in the City parking limit or for being parked at a place where park- of Salina (except as herein specifically permitted) shall ing is prohibited, either by this ordinance or any other be parked or left in some portion of the street where ordinances of the City of Salina, where the owner of parking parallel with the curbing is required by ordin- such vehicle has failed to appear in Police Court for the ance and when so parked or left such vehicle shall have disposition of such cases, is hereby declared to be a nuis- its right wheels next to and not more than one foot from ance. It shall be the duty of the Chief of Police to the curb line of such street. Provided however, that cause such vehicle to be removed on sight and impound- ' • • 220 • ORDINANCES OF THE CITY OF SALINA, KANSAS ed. Thereafter such vehicles shall be surrendered to the 24-1603. Police to Take Up Bicycles and Other duly identified owners thereof only upon payment of the I Vehicles pound fee of Ten Dollars ($10.00), together with any 24-1604. Use of Coasters, Roller Skates, and Similar additional storage charge or towing-in fee, which is Devices Restricted necessarily incurred by the Chief of Police, or any other department of the City of Salina, for the towing in and 24-1601. Bicycles and Other Vehicles on Sidewalks. storage of such vehicle. (Revised 1948) No vehicle, except bicycles, shall be operated or parked on any sidewalk or parkway space, except in crossing the same in a driveway space provided for such crossing for ARTICLE 15. Riding Vehicles the purpose of reaching the paved or traveled portion of 24-1501. Obstruction to Driver's View or Driving a highway, and no person shall ride a bicycle on any Mechanism; Unlawful Riding sidewalk in any business district. In residence districts, 24-1502. Boarding or Alighting from Vehicles no person shall ride a bicycle on a sidewalk except with 24-1503. Clinging to Vehicles due care for the safety of pedestrians, and the rider of a 24-1504. Riding on Handlebars or Other Parts Pro- bicycle on a sidewalk when approaching or passing a hibited pedestrian shall slow or stop the.same if necessary to avoid colliding with or interfering with the passage of 24-1501. Obstruction to Driver's View or Driving any pedestrian on such sidewalk. (Sec. 85B, Ord. 4973, Mechanism; Unlawful Riding. (a) No person shall 948.39) drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, 24-1602. Parents or Guardians Responsible for Acts as to obstruct the view of the driver to the front or sides of Children. Any parent or guardian of any child un- of the vehicle or as to interfere with the driver's control der the age of sixteen years who permits such child to over the driving mechanism of the vehicle. (b) No pas- ride or operate any bicycle or other vehicle in the City senger in a vehicle shall ride in such position as to inter- of Salina shall be responsible for the obedience of such child to the requirements of this ordinance, and it shall fere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of be unlawful for any parent or guardian of any such child the vehicle. (G. S. 1947 Supp. 8-574) (c) No person to knowingly permit the violation by such child of any shall ride on any vehicle upon any portion thereof not of the provisions of this ordinance, or to furnish to or designed or intended for the use of passengers. This permit the use by any such child of any bicycle or provision shall not apply to any employee engaged in other vehicle in violation of the provisions of this ordin- the necessary discharge of a duty, or to person riding ance, and the continued violation by any such child of within truck bodies in space intended for merchandise. any provisions of this ordinance after notice of such vio- (Sec. 82, Ord. 4973, 9-18-39, Revised 1948) lation has been brought to the attention of such parent or guardian shall be presumed to be with the knowledge 24-1502. Boarding or Alighting from Vehicles. No and consent of such parent or guardian. (Sec. 85C, person shall board or alight from any vehicle while such Ord. 4953, 9-18-39) vehicle is in motion. (Sec. 83, Ord. 4973, 9-18-39) 24-1603. Police to Take Up Bicycles and Other 24-1503. Clinging to Moving Vehicles. No person Vehicles. If any child under the age of sixteen years riding upon any bicycle, motorcycle, coaster, sled, roller shall operate or ride on any bicycle or other vehicle in skates or any toy vehicle shall attach the same or himself violation of the provisions of this ordinance or if any to any moving vehicle upon any roadway. (Sec. 84, Ord. such bicycle or other vehicle, or the equipment of the 4973, 9-18-39) same, fails to comply with the requirements of this ordinance, any police officer of the city may take posses- 24-1504. Riding on Handlebars or Other Parts Pro- lion of such vehicle and take the same to the police hibited. The operator of a motorcycle or bicycle when headquarters in said city, and there keep the same until upon a street shall not carry any other persons upon the the parents or guardian of such child are notified and handle bar, frame, or tank of any such vehicle, or any until arrangements are made by such parent or guardian place on any such vehicle except on a regular seat pro- to comply with the requirements of this ordinance. (Sec. vided for such purpose, nor shall any person to ride SSD, Ord. 4953, 9.18-39) upon any such vehicle. (Sec. 85A, Ord. 4973, 9-18-39) 24-1604. Use of Coasters, Roller Skates, and Similar ARTICLE 16. Bicycles,Etc. Devices Restricted. No person upon roller skates, or rid- ing in or by means of any coaster, toy vehicle, or similar 24-1601. Bicycles and Other Vehicles on Side- device, shall go upon any roadway except while crossing walks a street or crosswalk or except upon streets set aside as 24.1602. Parents or Guardians Responsible for Acts play streets when and as authorized by ordinance of of Children this city. (Sec. 86, Ord 4953, 9-18-39) • • • CHAPTER 24. TRAFFIC 221 ARTICLE 17. Miscellaneous shall not apply at intersections where traffic is controlled 24-1701. Unattended Motor Vehicle by traffic control signals or police officer. (Sec. 91, Ord. 24-1702. Vehicles; Repairing, Washing on Street; 4953, 9-18-39) Prohibited 24-1706. Zone of Quiet. Whenever authorized 24-1703. Permits for Parades and Processions sign are erected indicating a zone of quiet, no person 24-1704. Funeral and Other Processions operating a motor vehicle within any such zone shall, 24-1705. Driving Through Procession sound the horn or other warning device of said vehicle 24-1706. Zone of Quiet except in an emergency.• The City Manager shall have 24-1707. Play Streets authority to temporarily establish a zone of quiet upon 24-1708. Following Fire Apparatus Prohibited any street where a person is seriously ill if requested so to 24-1709. Crossing Fire Hose do by the written statement of at least one registered phy- 24-1710. Putting or Permitting Glass, etc., on High- sician certifying to its necessity. Said temporary zone way Prohibited • of quiet shall embrace all territory within a radius of 24-1711. Unsafe Vehicles and Equipment; Scope 200 feet of the building occupied by the person named in and Effect of Regulations the request of said physician. Said temporary zone of 24-1701. Unattended Motor Vehicle. No person quiet and any other zone of quiet declared by any ordin- driving or in charge of a motor vehicle shall permit is ante of this city shall be designated by the City Man- to stand unattended without first stopping the engine, or alter by placing at a conspicuous place in the street a sign when standing upon any perceptible grade without ef- or marking bearing the words "Quiet Zone"'. (Sec. 92, fectively setting the brake thereon and turning the front Ord. 4953, 9-18-39) • wheels to the curb or side of the highway. (Sec. 87, Ord. 24-1707. Play Streets. Whenever authorized signs 4953, 9.18-39) are'erected indicating any street or part thereof as a 24-1702. Vehicles; Repairing, Washing on Street; play street, no person shall drive a vehicle upon any such Prohibited. No person shall repair any vehicle or any street or portion thereof except drivers of vehicles having part or tires thereof or paint any vehicle,•or permit the business or whose residence are within such closed area, same to be done, on any street, except in case of emer- and then any said driver shall exercise the greatest care gency as set forth in Section 66 (24-1402) of this ord- in driving upon any said street or portion thereof. The iance. No vehicle shall be washed in any street in any City Manager shall have authority to declare any street commercial or industrial district as defined by the zon- or part thereof a "play street" and to place appropriate ing ordinance. (Sec. 88,Ord. 4953,9-18-39) signs or devices in the roadway indicating and helping • to'protect the same. (Sec. 93, Ord. 4953, 9-18-39) 24-1703. Permits for Parades and Processions. No 24-1708. Following Fire Apparatus Prohibited. The procession or parade other than a funeral procession, excepting the forces of the United States Army or Navy, driver of any vehicle other than one on official business the military forces of this state, and the forces of the shall not follow any fire apparatus traveling in response police and fire department, shall occupy, march, or pro- to a fire alarm closer than 500 feet or drive into or park teed along any street except in accordance with a permit such vehicle within the block where fire apparatus has issued by the Chief of Police and other regulations as stopped in answer to a fire alarm. (G. S. 1947 Supp. are set forth herein which may apply. ' (Sec. 89, Ord. 9-575; Soc. 94, Ord. 4953,9-18-39) 4953,9-18-39) 24-1709. Crossing Fire Hose. No vehicle shall be driven over any unprotected hose of a fire department 24-1704. Funeral and Other Possessions. (a) A when laid down on any street, private driveway or•else- Funeral composed of a procession of vehicles shall be where, to be used at any fire or alarm of fire, without the identified as such by the display upon the outside of at consent of the fire department official in command. (G. least the first four vehicles in such procession, of a pen- S. 1947 Supp. 8-576; Sec.-95, 9.18-39) Want of a type designated by the Chief of Police or the traffic division of the Police Department. 24-1710. Putting or Permitting Glass,Etc.,on High- (b) Each driver in a funeral or other procession way Prohibited. (a) No person shall throw or deposit or shall drive as near to the righthand edge of the roadway cause or permit to be placed or to remain, upon any as practical and follow the vehicle ahead as closely as is highway, any glass bottle, glass,nails, tacks, wire, cans, or practical and safe. (Sec. 90, Ord. 4953, 9-18-39) an any other subtarice likely to injury any person, animal, or vehicle upon such highway. (b) Any person who ' 24-1705. Driving Through Procession. No driver drops, or causes or permits to be dropped or thrown, of a vehicle shall drive between the vehicles comprising a upon any highway, as the result of an accident or other- funeral or other authorized-procession while they are in wise, any destructive or injurious material shall immedi- motion and when such vehicles are conspicuously de- ately remove the same or cause it to be removed. (c) Any signated as required in'this ordinance. This provision person removing a wrecked or damaged vehicle from a • 222 ORDINANCES OF THE CITY OF SALINA, KANSAS • highway shall remove any glass at other injurious sub- division (a) of this section, upon a straight, level, un- stance, dropped upon the highway from such vehicle. lighted highway under normal atmospheric conditions un- (G. S. 1947 Supp. 8-577; Sec. 96, Ord. 4953, 9-18-39) less a different time or condition is expressly stated. (G. S. 24.1711. Unsafe Vehicles and Equipment; Scope 1947 Supp. 8-581; Sec. 98,Ord. 4953, 9-18-39) and Effect of Regulations. (a) It is a misdemeanor for 24-1802. Head Lamps on Motor Vehicles. (a) any person to drive or move, or for the owner to cause Every motor vehicle other than a motorcycle shall be or knowingly permit to be driven or moved on any high- equipped with at least two head lamps with at least one way any vehicle or combination of vehicles which is in on each side of the front of the motor vehicle, such unsafe 'condition as to endanger any person, or which head lamps shall comply with the requirements which does not contain those parts or is not at all times and limitations set forth in this ordinance. (b) Every equipped with such lamps and other equipment in pro- motorcycle shall be equipped with at least one and not per condition and adjustment as required in this ordin. more than two head lamps which shall comply with the ante, or which is equipped in any manner in violation requirements and limitations of this ordinance. (G. S. of this ordinance, or for any-person to do any act for- 1947 Supp. 8-582; Sec. 99, Ord. 4953, 9-18-39 Revised bidden or fail to perform any act required under this 1948) ordinance. (b) The provisions of this ordinance with respect to equipment on vehicles shall not apply to im- 24-1803. Rear Lamps and Reflectors. (a) Every plements of husbandry, road machinery, road rollers, or motor vehicle and every vehicle'which is being drawn at farm tractors except as herein made applicable. (G. S. the end of a train of vehicles shall be equipped with a 1947 Supp. 8-580; Sec. 97, 9-18-39) lighted rear lamp, exhibiting a red light plainly visible from a distance of 500 feet to the rear. (b) Either such ARTICLE 18. Lights and Lamps rear light or a separate lamp shall be so constructed and 24-1801. When Lighted Lamps Are Required placed as to illuminate with a white light the rear regis- 24-1802. Head Lamps on Motor Vehicles tration plate and render it clearly legible from a distance Reflectors fifty feet to the rear. When the rear license plate 24-1803. Rear Lamps and Refle Illuminated by an electric lamp other than the required 24-1804. Clearance, Identification, and side-marker Lamps rear lamp, said two lamps shall be turned on or off by 24-1805. Lamp or Flag on Projecting Load the same control switch at all times whenever head lamps 24-1806. Lamps on Parked Vehicles are lighted. (c) Every new motor vehicle, trailer, or semi- 24-1807. Lamps on Bicycles trailer hereafter sold, and every commercial vehicle 24-1808. Lamps on Other Vehicles and Equipment hereafter operated on a highway, shall also carry at the rear, either as a part of the rear lamp or separately, a 24-1809. Spot Lamps•and Auxiliary Driving Lamps 24-1810. Signal Lamps and Signal Devices red i-eflecter meeting the requirements of this section. (d) 24-1811. Additional Lighting Equipment Whenever a red reflector is required or permitted to be 24-1812. Multiple-beam Road-Lighting Equipment used in substitution of lamps upon a vehicle under any of the provisions of this ordinance, such reflector shall 24-1813. Use of Multiple-Beam Road-Lighting Equipment be mounted upon the vehicle at a height not to exceed 24 4814. Alternate Road-Lighting Equipment sixty inches nor less than twenty-four inches above the 24-1815. Number of Driving Lamps Required or ground upon which the vehicle stands, and every such Permitted • reflector shall be so designed and maintained as to be 24-1816. Special Restriction on Lamps visible at night from all distances within 300 feet to 24-1817. Selling or Using Lamps or Devices fifty feet from such vehicle, except that on a commercial vehicle the reflector shall be visible from all distance with- 24-1801. When Lighted Lamps Are Required. (a) in 500 feet to fifty feet from such vehicle, when directly Every motor-vehicle upon a highway within this city at in front of a motor vehicle displaying lawfully lighted any time from a half hour after sunset to a half hour be- head lamps as provided in Section 98 hereof. (G. S. fore sunrise, and at any other time when there is not 1947 Supp. 8-583; Sec. 100,Ord. 4953, 9-18-39) sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead, 24-1804. Clearance. Identification, and side-marker shall display lighted lamps and illuminating devices as Lamps. Every motor vehicle or motor-drawn vehicle hereinafter respectively required for different classes of designed or used for the transportation of property or vehicles subject to exceptions with respect to parked for the transportation of passengers for compensation, vehicles as hereinafter stated. (b) Whenever require- except buses operated entirely within the city, when their ment is hereafter declared as to the distance from which interiors are illuminated, shall display lighted lamps at certain lamps and devices shall render objects visible or the times mentioned in Section 98 when and as required within which such lamps or devices shall be visible, said in this section, except that such lamps may be but are not, provisions shall apply, during the times stated in sub- required to be lighted when any such vehicle is upon a • • • CHAPTER 24. TRAFFIC 223 highway which is sufficiently illuminated by street lamps 24-1806. Lamps on Parked Vehicles. Whenever a to render any person or vehicle visible at a distance of vehicle is parked or stopped upon a roadway or shoulder 500 feet. adjacent thereto, whether attended or unattended during 1. Clearance Lamps. Every such vehicle having a the times mentioned in Section 98, (24-1801) such ve- width at any part in excess of eighty inches shall be hide shall be equipped with one or more lamps which equipped with two clearance lamps located on the extreme shall exhibit a white light on the roadway side visible left side of such vehicle, one located at the front and from a distance of 500 feet to the front of such vehicle displaying an amber light visible from a distance of 500 and a red light visible from a distance of 500 feet to feet to the front of the vehicle and the other located at the rear, except that no lights need be displayed upon the rear of the vehicle and displaying a red light visible any such vehicle when stopped or parked in accordance from a distance of 500 feet to the rear of the vehicle, with local parking regulations upon a highway where which said rear clearance lamp shall be in addition to the there is sufficient light to reveal any person or object wa A within a distance of 500 feet upon such highway.red rear lamp hereinbefore required. P g Y� n Y 2. Identification lamps, front and rear. Every such lighted head lamps upon a parked vehicle shall be de- vehicle or combination of such vehicles having a length pressed or dimmed. (G. S. 1947 Supp. 8-586; Sec. 103, • in excess of thirty feet or a width in excess of eighty Ord. 4953,9-18-39) inches shall be equipped with lamps on the front dis- 24-1807. Lamps on Bicycles. Every bicycle operat- playing three amber lights and lamps on the rear display- ed upon any street or highway in the night time shall be ing three red lights, and the lights in each such group equipped with a lamp on the front exhibiting a white - shall be evenly spaced not less than six nor more than light visible from a distance of at least 500 feet to the twelve inches apart along a horizontal line near the top front and with a lamp on the rear exhibiting a red light of the vehicle, and said lights shall be visible from dis- visible from a distance of 500 feet to the rear; except tance of 500 feet to the front and rear, respectively, of that a red reflector meeting the requirements of this the vehicle. ordinance may be used in lieu of a rear light. (G. S. 3. Side-marker lamps. Every such vehicle or com- 1947 Supp. 8-587; Sec. 104,Ord. 4953, 9-18-39) bination of such vehicles which exceed twenty feet in 24.1808. Lamps on Other Vehicles and Equipment. over-all length shall be equipped with at least four side- All vehicles, including animal-drawn vehicles and in- marker lamps, one on each side near the front and one eluding those referred to in Section 97 (24-1711) not on each side near the rear. Said lamps near the front hereinafter specifically required to be equipped with shall display amber lights and said lamps near the rear lamps, shall at the times specified in Section 98 (24-1801) shall display red lights, each visible from a distance of thereof be equipped with at least one lighted lamp or 500 feet to the side of the vehicle on which it is lo- lantern exhibiting a white light visible from a distance Gated. • of 500 feet to the'front of such vehicle and with a lamp If the clearance lamps on the left side of a vehicle or lantern exhibiting a red light visible from a distance as hereinbefore required display lights visible from a dis- of 500 feet to the rear. (G. S. 1947 Supp. 8-588; Sec. tance of 500 feet at right angles to the left of the ye- 105, Ord. 4953, 9-18-39) hide they shall be deemed to meet the requirements as to left marker lamps in this paragraph. In lieu of such 24-1809. Spot Lamps and Auxiliary Driving Lamps. side marker lamps any such vehicle may be equipped (a) Any motor vehicle may be equipped with not to ex- with four reflectors, two on each side and otherwise ceed one spot lamp and every lighted spot lamp shall be meeting their requirements of this ordinance. (G. S. so aimed and used upon approaching another vehicle 1947 Supp. 8-584; Sec. 101, Ord. 4953, 9-18-39, Re- that no part of the high intensity portion of the beam vised 1948) will be directed to the left of the prolongation of the ex- creme left side of the vehicle.nor more than 100 feet . 24-1805. Lamp or Flag on Projecting Load. When- ahead of the vehicle. (b) Any motor vehicle may be ever the load upon any vehicle extends to the rear four equipped with not to exceed three auxiliary driving lamps feet or more beyond the bed or body of such vehicle there 'mounted on the front at a height not less than twelve shall be displayed at the extreme rear end of the load, at inches nor more than forty-two inches above the level sur- the times specified in Section 98 (24-1801) hereof, a face upon which the vehicle stands, and every such auxil- red light or lantern plainly visible from a distance of at iary driving lamp or lamps shall meet the requirements least 500 feet to the sides and rear. The red light or lan- and limitations set forth in this ordinance. (G. S. 4947 tern required under this section shall be in addition to the Supp. 8-589; Sec. 106, Ord 4953, 9-18-39) red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of 24-1810. Signal Lamps and Signal Devices. (a) such load a red flag or cloth not less than sixteen inches Any motor vehicle may be equipped and when a signal square. (G. S. 1947 Supp. 8-585; Sec. 102, Ord. 4953, lamp or device is required under this ordinance shall be 9-18-39) I equipped, wih,a signal lamp or signal device which is so • • • • .Z24 ORDINANCES OF THE CITY OF SALINA, KANSAS constructed and located on the vehicle as to give a signal inches above the level on which the vehicle stands at a of intention to stop which shall be red or yellow in color distance of seventy-five feet ahead. (c) Where one inter- and signals of intention to turn to the right or left, all.of mediate beam is provided, the beam on the left side of which signals shall be plainly visible and understandable the road shall be in conformity with (b) (1) of this sec- in normal sunlight and at night from a distance of 100 ,don except when arranged in accordance with the prac- feet to the front and rear but shall not project a glar- rice specified in (e). (d) All road lighting beams shall ing or dazzling light; except that a stop signal need be be so aimed and of sufficient intensity to reveal a person • visible, only from.the rear. (b) All mechanical signal or vehicle of at least 100 feet ahead. (e) All road light- devices shall be self-illuminated when in use at the times ing equipment manufactured and installed on and after mentioned in Section 98. (G. S. 1947 Supp. 8-590; Sec. January 1, 1938, shall be so arranged that whenever any 107,Ord. 4953, 9-18-39) beam is used which is not in conformity with paragraph 24-1811. Additional Lighting Equipment. (a) Any (b) (I) of this section, two white or yellow lights, one on each side of the vehicle, visible to an oncoming driver motor vehicle may be equipped with not more than two and to the driver of said vehicle shall be lighted, except side cowl or fender lamps which shall emit an amber or that other suitable alternate means may be provided for white light without glare. (b) An: motor vehicle may indicating to the driver behind the light when such beams be equipped with not more than one running board are on. Indicator light shall not be connected other- courtesy lamp on each side therof which shall emit a wise than as required in this paragraph. Beam indicator white or amber light without glare. (c) Any motor ve- li hts and front g parking lights shall be so connected hicle may be equipped with a back-up lamp either sep- that neither of said lights shall be lit when a beam is in arately or in combination with another lamp; except that no such back-up lamp shall be continuously lighted when use which conforms with paragraph (b) (1) of this sec- con. (G. S. 1947 Supp. 8-592; Sec, 109, Ord. 4953, the motor vehicle is in forward motion. (G. S. 1947 9-18-39) Supp. 8-591; Sec. 108, Ord.4953, 9-18-39) 24-1813. Use of Multiple-Beam Road-Lighting ' '24-1812. Multiple-beam Road-Lighting Equipment. Equipment. (a) Whenever a motor vehicle is being Except as hereinafter provided, the headlamps, or the operated on a roadway or shoulder adjacent thereto auxiliary driving lamps, or combination thereof, on during the times specified in Section 98 (24-1801) the motor vehicles shall be so arranged that the driver may driver shall use a distribution of light, or composite beam, select at will between distributions of light projected directed high enough and of sufficient intensity to reveal to different elevations, subject to the following require- persons and vehicles at a safe distance in advance of the menu and limitations: (a) There shall be an upper- vehicle, subject to the following requirements and limita- most distribution of light, or composite beam, so aimed eons. (b) Whenever the driver of a vehicle approaches and of such intensity as to reveal persons and vehicles an oncoming vehicle within 500 feet, such driver shall at a distance of at least 350 feet ahead for all conditions use a distribution of light or composite beam so aimed of loading. The maximum intensity of this uppermost that the g:acing rays are not projected into the eyes of distribution of light of composite beam one degree of the oncoming driver, and in no case shall the high-inten- arc or more above the horizontal level of the lamps when si:y portion which is projected to the left of the pro- ' the vehicle is not loaded shall not exceed 8,000 ap- longation of the extreme left side of the vehicle be • parent candlepower, and at no other point of the •aimed higher than the center of the lamp from which.ic distribution of light or composite beam shall there be an comes at a distance of twenty-five feet ahead, and in no intensity of more than 75,000 apparent candlepower. case higher than a level of forty-two inches above the (b) There shall be a lowermost distribution of light, or level upon which the vehicle stands at a distance of composite beam, so aimed that: (I) When the vehicle is not loaded, none of the high intensity portion of the seventy-five feet ahead. The lowermost distribution of light specified in Section 109, (24-1812) paragraph (b), light which is directed to the left of the prolongation shall be deemed to avoid glare at all times regardless of of the extreme left side of the vehicle shall, at a distance road contour and loading. G. S. 1947 Supp. 8-593; Sec. of twenty-five feet ahead, project higher than a level of 110,Ord. 4953,9-18-39) ten inches below the level of the center of the lamp from which it comes. (2) When the vehicle is not loaded, 24-1814. Alternate Road-Lighting Equipment. Any none of the high-intensity portion of the light which motor vehicle may be operated under the conditions is directed to the right of the prolongation of the specified in Section'98 when equipped with two lighted extreme left side of the vehicle shall, at a distance of lamps upon the front thereof'capable of revealing persons twenty-five feet ahead, project higher than a level of five and objects seventy-five feet ahead in lieu of lamps re- inches below the level of the center of the lamp from quired in Section 109; (24-1812) Provided, however, which it comes. (3) In no event shall any of the high that at no time shall it be operated at a speed in excess of intensity of such lowermost distribution of light or coin- twenty miles per hour. . (G. S. 1947 Supp. 8-595; Sec. polite beam project higher than a level of forty-two 111, Ord. 4953,9-18-39) • • • • CHAPTER 24. TRAFFIC 225 24-1815. Number of Driving Lamps Required or ARTICLE 19. Equipment Permitted. (a) At all times specified in Section 98 24-1901. Brakes (24.1801) at least two lighted lamps shall be displayed, 24-1902. Horns and Warning Devices one on each side at the front of every motor vehicle 24-1903. Mufflers, Prevention of Noise except when such vehicle is parked subject to the regu- 24-1904. Mirrors lotions governing lights on parked vehicles. (b) When- 24-1905. Windshields must be Unobstructed and ever a motor vehicle equipped with head lamps as herein • Equipped with Wipers required is also equipped with any auxiliary lamps or a 24-1906.- Restrictions as to Tire Equipment spot lamp or any other lamp on the front choral pro- jecting a beam of an intensity greater than 300 candle- 24-1901. Brakes. (a) Brake Equipment Required; power, not more than total of four of any such lamps on (1) Every motor vehicle or combination of vehicles other the front of a vehicle shall be lighted at any one time than a motorcycle, when operated upon a highway, shall when upon a highway. (G. S. 1947 Supp. 8-596; Sec. be equipped with brakes adequate to control the move-' 112,Ord 4953,9-18-39) ment of and to stop and hold such vehicle or combination of vehicles, including two separate means of applying 24-1816. Special Restriction on Lamps. (a) Any the brakes, each of which means shall be effective to lighted lamps or illuminating device upon a motor Ve- apply the brakes to at least two wheels. If these two hide other than head lamps, spot lamps, or auxiliary separate means of applying the brakes are connected in driving lamps which project a beam of light of an inten- any way, they shall be so constructed that failure to any one part of the operating mechanism shall not leave the sity greater than 300 candle power shall be so directed motor vehicle without brakes on at least two wheels. (2) that no part of the beam will strike the level of the road- Every motorcycle, bicycle, and bicycle with motor at- way on which the vehicle stands at a distance of more tached, when operated upon a highway shall be equip- than seventy-five feet from the vehicle. (6) No person ped with at least one brake, which may be operated by shall drive or move any vehicle or equipment upon any hand or foot. (6) Performance ability of brakes. (1) highway with any lamp or device thereon displaying a The service brakes upon any motor vehicle or corn- red light visible from directly in front thereof. This bination of vehicles shall be adequate to stop such ve- section shall not apply to authorized emergency ye- hide or vehicles when traveling twenty miles per hour hides. (c) Flashing lights are prohibited on motor ve- within a distance of thirty feet when upon dry asphalt or hides, except as a means for indicating a right or left concrete pavement surface free from loose material where turn. (G. S. 1947. Supp. 8-597; Sec. 113, Ord. 4953, the grade does not exceed one per cent. (2) Under the 9.18:39) above conditions the hand brake shall be adequate to stop such vehicle or vehicles within a distance of fifty-five 24-1817. Selling or Using Lamps or Devices. (a) feet and said hand brake shall be adequate to hold such No person shall have for sale, sell or offer for sale for vehicle or vehicles stationary on any grade upon which use upon or as a part of the equipment of a motor've- operated. (3) Under the above conditions the service hide, trailer or semi-trailer or use upon any such vehicle brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted hereunder, shall be any head lamp, auxiliary driving lamp, rear lamp, adequate to stop the vehicle within a distance of forty signal lamp or reflector which reflector is required here- feet and the hand brake adequate to stop the vehicle under, or parts of any of the foregoing, which tend to within a distance of fifty-five feet. (4) All braking change the original design or performance, unless of a distance specified in this section shall apply to all vehicles type which has been submitted to the commissioner and mentioned, whether such vehicles are not loaded or are approved by him. (6) No person shall have for sale, loaded to the maximum capacity permitted under this sell or offer for sale for use upon or as a part of the ordinance. (5) All brakes shall be maintained in good equipment of a motor vehicle, trailer or semi-trailer any working order and shall be so adjusted as to operate as lamp or device mentioned in this section which has been equally as practicable with respect to the wheels on op- approved by the commissioner unless such lamp or device Postre sides of vehicles. (G. S. 1947 Supp. Sec. 115, Ord.4953,9-18.39) bears thereon the trademark or name under which it is approved so as to be legible when installed. (c) No per. 24-1902. Horns and Warning Devices. (a) Every son shall use upon any motor vehicle, trailer or semi- motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable trailer any lamps mentioned in this section unless said of emitting sound audible under normal conditions from lamps are equipped with bulbs of a rated candlepower a distance of not less than 200 feet, but no horn or other and are mounted and adjusted as to focus and aim in warning device shall emit an unreasonable loud or harsh accordance with instructions of the commissioner. (G. S. sound or a whistle. The driver of a'motor vehicle 1947 Supp. 8-598; Sec. 114, Ord. 4953, 9-18.39) shall when reasonably necessary to insure safe operation 226 ORDINANCES OF THE CITY OF SALINA, KANSAS give audible warning with his horn but shall not other- block, stud, flange, cleat, or spike or any other protuber- wise use such horn when upon a highway. (b) No ve- antes of any material other than rubber which projects hide shall be equipped with nor shall any person use beyond the tread of the traction surface of the tire, ex- upon a vehicle any siren, whistle, or bell, except as oth- ceps that it shall be permissible to use farm machinery erwise permitted in this subdivision. It is permissible but with tires having protuberances which will not injure the not required that any commercial vehicle be equipped highway, and except also that it shall be permissible to with a theft alarm signal device which is so arranged that use tire chains of reasonable proportions upon any ve- it cannot be used by the driver as an ordinary warning hide when required for safety because of snow, ice, or signal. Any authorized emergency vehicle may be other conditions tending to cause a vehicle to skid. (d)' equpped with a siren, whistle, or bell, capable of emitting The Board of Commissioners may, in their discretion, sound audible under normal conditions from a distance issue special permits authorizing the operation upon'a of not less than 500 feet and of a type approved by the highway of traction engines or tractors having movable department but such siren shall not be used except when tracks with transverse corrugations upon the periphery of such vehicle is operated in xesponse to an emergency call such movable tracks or farm tractors or other farm ma- or in the immediate pursuit of an actual or suspected chinery, the operation of which upon a highway could violator of the law, in which said latter events the driver otherwise be prohibited under this ordinance. (G. S. of such vehicle shall sound siren when necessary to warn 1947 Supp. 8-5,106; Sec. 120,Ord. 4953, 9-18-39) pedestrians and other drivers of the approach thereof. (c) No bicycle shall be equipped with nor shall any ARTICLE 20. Explosives person use upon a bicycle any siren or whistle. (G. S. 24-2001. Vehicles Transporting Explosives, Any 1947 Supp. 8-5, 102; Sec. 116, Ord.4953, 9-18-39) person operating any vehicle transporting any explosive 24-1903. Mufflers, Prevention of Noise. Every mo- as a cargo or part of a cargo upon a highway shall at for vehicle shall at all times be equipped with a muffler all times comply with the provisions of this section (a). in good working order and.in constant operation to pre- Said vehicle shall be marked or placarded on each side vent excessive or unusual noise and annoying smoke, and the rear with the word "explosives" in-letters not and no person shall use a muffler cutout, bypass or simi- less than eight inches high, or there shall be displayed G. S. on the rear of such vehicle a red flag not less than twenty- bar device upon a motor vehicle on a highway. (1947 Supp. 8-5, 103; Sec. 117, Ord. 4953, 9-18-39) four inches square marked with the word "danger" in white letters six inches high. (b) Every said vehicle shall 24-1904. Mirrors. Every motor vehicle which is so be equipped with not less than two fire extinguishers, fill- constructed or loaded as to obstruct the driver's view to ed and ready for immediate use, and placed at a con- the rear thereof from the driver's position shall be equip- venient point on the vehicle so used. (G. S. 1947 Supp. ped with a mirror so located as to reflect to the driver 8-5,109; Sec. 121, Ord:4953, 9-18-39) a view of the highway for a distance of at least 200 feet to the rear of such vehicle. (G. S. 1947 Supp. 8-5,104; ARTICLE 21. Weights,Widths,Heighths and Loads Sec. 118,Ord.4953, 9-18-39) 24-2101. Scope and Effect of Ordinance 24-1905. Windshields must be Unobstructed and 24-2102. Width of Vehicles Equipped with Wipers. (a) No person shall drive any 24-2103. Projecting Loads on Passenger Vehicles motor vehicle with any sign, poster or other non- 24-2104. Height and Length of Vehicles transparent material upon the front windshield, side- 24-2105. Spilling Loads on Highways Prohibited wings, side or rear windows of such vehicle other than 24-2106. Trailers and Towed Vehicles; Drawbar a certificate or other paper required to be so displayed by Connections and Safety Hitch law. (b.) The windshield on every motor vehicle shall 24-2107. Wheel and Axle Loads be equipped with a device for cleaning rain, snow or 24-2108. Gross Weight of Loads other moisture from the windshield, which device shall 24-2109. Officers may Weigh Vehicles and Require be so constructed as to be controlled or operated by the Removal of Excess Loads driver of the vehicle. (G. S. 1947 Supp. 8-5,105; Sec. 24-2101. Scope and Effect of Ordinance. 119, Ord.4953, 9-18-39) (a) It is a misdemeanor for any person to drive or move, or for 24-1906. Restrictions as to Tire Equipment. (a) the owner to cause or knowingly permit to be driven or Every solid rubber tire on a vehicle shall have rubber on moved on any highway, any vehicle or vehicles of a size its entire traction surface at least one inch thick above or weight exceeding the limitations stated in this ordin- the edge of the flanges of the entire periphery. (b) No ance or otherwise in violation of this ordinance. (b) person shall operate or move on any highway any motor The provisions of this ordinance governing size, weight vehicle, trailer, or semi-trailer having any metal tire in and load shall not apply to fire apparatus, road ma- contact with the roadway. (c) No tire on a vehicle chinery, or to implements of husbandry temporarily moved on a highway shall have on its periphery, any moved upon a highway, or to a vehicle operated under • • CHAPTER 24. TRAFFIC 227 the terms of a special permit issued as herein provided. (G. S. 1947 Supp., 8-5,118 amended; Sec. 125, Ord. (G. S. 1947 Supp. 8-5,113; Sec. 122, Ord.4953, 9-18-39) 4953, 9-18-39 Revised) 24-2102. Width of Vehicles. (a) The total outside 24-2105. Spilling Loads on Highways Prohibited. width of any vehicle or the load thereon shall not exceed No vehicle shall be driven or moved on any highway un- cight feet except as otherwise provided in this section. lass such vehicle is so constructed or loaded as to prevent (b) The total outside width of a farm tractor shall not any of its load from dropping, sifting, leaking or other- exceed ten feet. (c) Whenever pneumatic tires in sub- wise escaping therefrom except that sand may be dropped stirution of the same type or other types of tires, have for the purpose of securing traction, or water or other been heretofore or are hereafter placed upon a vehicle in substance may be sprinkled on a roadway in cleaning or operation upon the effective date of-this ordinance, the maintaining such roadway. (G. S. 1947 Supp. 8-5,117; maximum width from the outside of one wheel and tire to Sec. 126, Ord. 4953, 9-18-39) the outside of the opposite wheel and tire shall not ex- ceed eight feet six inches, but in such event the outside 24-2106. Trailers and Towed Vehicles; Drawbar ' width of the body of such vehicle or the load thereon Connections and Safety Hitch. (a) When one vehicle shall not exceed eight feet. (G. S. 1947 Supp. 8-5, 114; is towing another the drawbar or other connection shall Sec. 123, Ord. 4953, 9-18-39) be of sufficient strength to pull, stop and hold all weight 24-2103. Projecting Loads on Passenger Vehicles. towed thereby, and said drawbar or other connection No passenger-type vehicle shall be operated on any high- shall not exceed fifteen feet from one vehicle to the other way with any load carried thereon extending beyond the except the connection between any two vehicles trans- line of the fenders on the left side of such vehicle nor porting poles, pipe, machinery or other objects of struc- extending more than six inches beyond the line of the tural nature, which cannot readily be dismembered. (b) fenders on the right side thereof. (G. S. 1947 Supp. In addition to the drawbar connections between any two 8-5,115; Sec. 124,Ord.4953,9-18-39) , such vehicles there shall be provided an adequate safety hitch. (c) When one vehicle is towing another and the 24-2104. Height and Length of Vehicles. (a) No connection consists of a chain, rope, or cable, there shall vehicle unladen or with load shall exceed a height of be displayed upon such connection a white flag or cloth twelve feet six inches. (b) No vehicle or single truck nor less than twelve inches square. (G. S. 1947 Supp. shall exceed a length of thirty-five feet extreme overall 8-5, 118; Sec. 127,Ord. 4953,9-18-39) dimensions, inclusive of front and rear bumpers except no single bus shall have an over-all length, inclusive of 24-2107. Wheel and Axles Loads. The gross front and rear bumpers, in excess of forty feet; Provided, weight upon any wheel of any vehicle shall not exceed That a bus in excess of thirty-five feet in over-all length the weights specified in Section 119, Chapter 283, Laws shall have no less than three axles, except when used in of Kansas 1937, under the conditions therein specified. local urban transit operations. (c) No combination of (Sec. 128,Ord. 4953, 9-18-39) truck-tractor and semi-trailer shall have an over-all 24-2108. Gross Weight of Loads. No vehicle or length, inclusive of front and rear bumper, in excess of combination of vehicles shall be moved or operated on fifty feet. (d) No combination of vehicles coupled to- any highway or bridge when the gross weight thereof ;ether shall consist of more than two units and no such exceeds the limits specified in Senate Bill 331, Section l combination of vehicles shall exceed a total length of of 1949 Session Laws. (Sec. 129, Ord. 4953, 9-18-39) fifty feet, except vehicles operating in the daytime when transporting poles, pipe, machinery or other objects of a 24-2109. Officers may Weigh Vehicles and Require structural nature which cannot readily be dismembered, Removal of Excess Loads. (a) Any police officer hav- and vehicles transporting such objects operated at night- ing reason to believe that the weight of a vehicle and time by a public utility when required for emergency re- load is unlawful is authorized to require the driver to pair of public service facilities or properties or when stop and submit to a weighing of the same either by operated under special permit as provided in section means of portable or stationary scales, and may require 8-5,122 of the General Statutes.Supplement of 1947 or that such vehicle be driven to the nearest public scale in any amendment thereto but in respect to such night trans- the event such scales are within two miles. (b) When- portation every such vehicle and the load thereon shall ever an officer upon weighing a vehicle and load, as be equipped with a sufficient number of clearance lamps above provided, determines that the weight is unlawful. on both sides and marker lamps upon the extreme ends such officer may require the driver to stop the ve- of any projecting load to clearly mark the dimensions of hide in a suitable place and remain standing until such such load. (e) The load upon any vehicle operated portion of the load is removed as may be necessary to re- alone, or the load upon the front vehicle of a combina- .duce the gross weight of such vehicle to such limit as per tion of vehicles,shall not extend more than three feet be- mitted under this ordinance. All material so unloaded yond the Eront wheels of such vehicle or the front bump- shall be cared for by the owner or operator of such ve- er of such vehicle if it is equipped with such a bumper. hide at the risk of such owner or operator. (c) Any • 228 ORDINANCES OF THE CITY OF SALINA, KANSAS driver of a vehicle who fails or refuses to stop and sub- case in which a person is charged with any violation of mit the vehicle and load to a weighing, or who fails or this ordinance or of any other law regulating the opera- refuses when directed by an officer upon a weighing of' ;ion of vehicles on highways. (b) Within ten days after the vehicle, to stop the vehicle and otherwise comply the,conviction or forfeiture of bail of a person upon a with the provisions of this section, shall be guilty of a charge of violating any provision of this ordinance or misdemeanor. (G. S.'1947 Supp. 8-5, 121; Sec. 130, other law regulating the operation of vehicles on high- Ord.4953,9-18-39) ways said judge shall prepare and immediately forward to the department, an abstract of the record of said court ARTICLE 22. Penalties covering the case in which said person was so convicted 24-2201. Penalties for Misdemeanor or forfeited bail, which abstract must be certified by 24-2202. Parties of Offense the person so required to prepare the same to be true and 24-2203. Offenses by Persons Owning or Controlling correct. (c) Said abstract must be made upon a form Vehicles furnished by the department and shall include the name 24-2204. Conviction to be Reported to Department and address of the party charged, the registration num- 24-2205. Constitutionality her of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail 24-2201. Penalties for Misdemeanor. (a) It is a forfeited and the amount of the fine or forfeiture as the misdemeanor for any person to violate any of the provis- case may be. (Sec. 134,Ord. 4953, 9-18-39) ions of this ordinance, and all sections of articles 1 to 22 both inclusive, of this chapter in this revision shall 24-2205. Constitutionality. If any part or parts of constitute this ordinance as the word is used in this chap- of this ordinance, being articles I to 22 both inclusive, ter. (b) Every person convicted of a misdemeanor for a of this chapter, shall be held to be unconstitutional, such violation of any of the provisions of this ordinance for unconstitutionality shall not affect the validity of the re- which another penalty is not provided shall for first con- maining part of this ordinance. The Board of Commis- viction thereof be punished by a fine of not more than sioners hereby declares that it would have passed the re- $100.00 or by imprisonment for not more than ten days; maining parts of this ordinance if it had known that such for a second such conviction within one year thereafter part or parts thereof would be declared unconstitutional. such person shall be punished by a fine of not more than (Sec. 135, Ord. 4953, 9-18-39 Revised 1948) $200.00 or by imprisonment of not more than twenty days or by both such fine and imprisonment; upon a ARTICLE 23. Parking Meters third or subsequent conviction within one year after the first conviction such person shall be punished by a fine 24-2301. Vehicles Defined of not more than $500.00 or by imprisonment for not 24-2302. Parking Meters Defined more than six months or by both such fine and imprison- 24-2303. Parking Meter Zone Defined meet. (G. S. 1947 Supp. 8-507; 8-5,125; Sec. 131, Ord. 24-2304. Parking Meter Zones 4953,9-18-39 Revised 1948) 24-2305. Meters Installed 24-2306. City Managers Duties 24-2202. Parties to Offense. Every person who 24-2307. Meters, Where Placed commits,attempts to commit,conspires to commit, or aids or abets in the commission of, any act declared herein to 24-2308. Stalls Designated 24-2309. Parallel Parking be a misdemeanor, whether individually or in connection 24-2310. Duty of Parker with one or more other persons or as principal, agent, or 24-2311. Unlawful to Overpack accessory, shall be guilty of such offense, and every per- 24-2312. Permitting Vehicles to be Parked Overtime son who falsely, fraudulently, forcibly, or willfully in- 24.2313. Mutilating Meter duces, causes, coerces, requires, permits, or directs another 24-2314. Depositing Slugs to violate any provision of this ordinance is likewise 24-2315. Duty of Police guilty of such offense. (G. S. 1947 Supp. 8-5,126; Sec. 24-2316. Penalty 132, Ord. 4953, 9-18-39) 24-2317. Reason for Charge - 24-2203. Offenses by Persons Owning or Controlling 24-2318. Supplemental Vehicles. It is unlawful for the owner, or any other per- son, employing or otherwise directing the driver of any 24-2319. Saving Clause vehicle, to require or knowingly to permit the operation 24-2320. Repeal • of such vehicle upon a highway in any manner contrary 24-2301. Vehicle Defined. The word vehicle as to law. (G. S. 1947 Supp. 8-5,127; Sec. 133, Ord. 4953, used herein, shall mean any device by which any person 9-18-39) or property may be transported upon a public highway, 24-2204. Conviction to be Reported to Department except those operated upon rails or permanent tracks. (a) The Police Judge shall keep a full record of every (Sec. 1,Ord. 5166, 12-15-47) • CHAPTER 24. TRAFFIC 229 24.2302. Parking Meter Defined. The term park- workable condition and the City Manager is hereby vested ing meter as used herein, shall mean a mechanical de- with power and authority to enter into a contract for a vice located upon a public street or sidewalk in a place six months trial period, after approval of the terms and regularly designated as a parking zone as hereinafter conditions thereof by the Board of Commissioners of defined, which device(shall record a certain number of the City of Salina for the leasing and installation of park- minutes by the use of a clock mechanism determining the ing meters, the payment for such meters and/or installa- period of time for which parking privileges may be ex- Lion to be provided for solely from the receipts, funds and tended to the person so depositing such coin. (Sec. 2, revenues obtained from the operation of said parking Ord. 5266, 12-15-47) meters without in any manner obligating the city to pay for the same from any ocher source. And the City Man- 24-2302. Parking Meter Zone Defined. A parking ager is further authorized and empowered to enter into a meter zone as used herein, shall mean representing a contract, after approval of the terms and conditions certain designated and marked off section of the public thereof by the Board of Commissioners of the City of &- street within the marked boundaries where the vehicle lina, for such protection and maintenance of said park- may be temporarily parked and allowed to remain for ing meters as may be necessary to maintain the same in such period of time as the parking meter attached there- good operating condition and to pay for such parts, to may indicate. Such parking meter zones shall be protection and maintenance of said parking meters further designated by a parking meter which shall be exclusively from the receipts, funds and revenues located upon the sidewalk opposite the marked boun- received from the operation of said parking meters. (Sec. daries of said zone. (Sec. 3,Ord. 5266, 12-15-47) 6,Ord. 5266, 12-15.47) 24-2304. Parking Meter Zones. Parking meter 24.2307. Meters, Where Placed. The parking met- zones as hereinabove described are hereby created on the ers installed in the parking meter zones established as following streets in the City of Salina: provided in Section 4 (24-2304) hereof shall be placed On both sides of Santa Fe Avenue from Mulberry upon the curb immediately adjacent to the individual Street to Elm Street. parking places hereinafter described. Each parking On both sides of Seventh Street from Walnut Street meter shall be placed or set in such manner as to show to Ash Street. or display by a signal that the parking space adjacent On both sides of Iron Avenue from Fifth Street to a to such meter is or is not legally in use. Each parking certain north and south public alley, extended south ly- ing meter installed shall indicate by proper legend the legal ing between Seventh and Eighth Street and connecting parking time established by the City and when operated Iron Avenue and Ash Street and the north side of Iron shall indicate on and by its dial and pointer the dura- Avenue from said certain alley to Eighth Street. Lion of the period of legal parking, and on the expiration of such period, shall indicate illegal or over parking. And from time to time hereafter as traffic conditions re- (Sec 7,Ord. 5266, 12-15-47) quire in such other streets and avenues as are selected by resolution of the governing body of the City of Salina 24-2308. Stalls Designated. The City Manager for the location of such zone. (Sec. 4, Ord 5266, shall have markings painted or placed upon the curb 12-15-47) and/or upon the street adjacent to each parking meter 24-2305. Meters Installed. And in said parking for the purpose of designating the parking space for meter zones the City Manager shall cause meters to be which said meter is to be used and each vehicle parking installed and,shall cause parking meter spaces to be adjacent or next to any parking meter shall park within designated as hereinafter provided, and shall fix the the'lines or markings so established. It shall be un- time limitations for legal parking in such zones, and the lawful and a violation of this ordinance to park any hours during the day and night when the parking meter vehicle across any such line or marking or to park said or meters must be used and when the time limitations vehicle in such position that the same shall not be en- shall be effective, in compliance with the provisions of tirely within the area so designated by such lines or this ordinance; and shall indicate the time limitations by markings. (Sec. 8,Ord. 5266, 12-15-47) • designating the same on the parking meter or meters or 24-2309. Parallel Parking. When a parking space, by appropriate signs posted in proximity to said meter or in any parking meter zone is parallel with the adjacent meters in said zones. (Sec. 5, Ord. 5266, 12-15-47) curb or sidewalk, any vehicle parked in such parking 24-2306. City Manager's Duties. City Manager is space shall be parked with the foremost part of such ve- heeeby directed to provide for the purchase, leasing, ac- hide nearest to such meter. (Sec. 9, Ord. 5266, gutting, installation, operation, maintenance, supervision, 12-15-47) regulation and use of the parking meters provided for in 24-2310. Duty of Parker. . When any vehicle shall this ordinance and to maintain the said meters in good be parked in any space adjacent to which a parking • • 230 ORDINANCES OF THE CITY OF SALINA, KANSAS meter is located in accordance with the provisions of this (a) The number of each parking meter which in- ordinance, the operator of said vehicle shall, upon en- dicates that the vehicle occupying the parking tering the said parking space, immediately deposit or space adjacent to such parking meter is or has cause to be deposited a coin of the United States, in been parking in violation of any of the pro- such parking meter, of a denomination or denominations visions of this ordinance. indicated on each of said meters, and put such meter in (b) The Stare license number of such vehicle. operation, and failure to deposit such coin or coins and (c) The time during which such vehicle is parking put the meter in operation shall constitute a breach of in violation of any of the provisions of this this ordinance and shall subject such person to the pen- ordinance. alty prescribed in Section 16 (24-2316) hereof. Upon (d) Any other facts, a knowledge of which is ne- the deposit of such coin or coins and placing said meter cessary to a thorough understanding of the cir- in operation, the parking space may be lawfully occu- cumstances attending such violation. pied by such vehicle during the period of parking time Each such police officer shall also attach to such ve- which has been prescribed-for the part of the street in hide a notice to the owner or operator thereof that such which said parking space is located. If said vehicle vehicle has been parked in violation of a provision of shall remain parked in any such parking space beyond this ordinance and instructing such owner or operator the parking time limit fixed for such parking space, the to report at the police station of the City of Salina in parking meter shall by its dial and pointer indicate such regard to such violation. Each such owner or operator, illegal parking, and in that event, such vehicle shall be may, within 24 hours of the time when such notice was considered as parked overtime and beyond the period of attached to such vehicle, pay to the Desk Sergeant at the legal parking time and the parking of a vehicle over- police station as a penalty for and in full satisfaction time or beyond the period of legal parking shall be a of such violation, the sum of One Dollar, the failure of violation of this ordinance and punished as hereafter set such owner or operator to make such payment within out. (Sec. 10,Ord. 5266, 12-15-47) said 24 hours, shall render such owner or operator sub- 24-2311. Unlawful to Overpark. It shall be un- ject to the penalties hereinafter provided, for violation lawful and a violation of the/provisions of this ordin- of the provisions of this ordinance. (Sec. 15, Ord. 5266, 12.15-47) ante for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by such 24-2316. Penalty. Any person who shall violate person to be parked overtime or beyond the period of any of the provisions of this ordinance and any person legal parking rime established for any parking meter who aids, abets or assists therein, shall, upon conviction zone as herein described. (Sec. 11,Ord. 5266, 12-15-47) thereof by the Police Court be subject to a fine of any amount not exceeding $50.00 for each offense or viola- 24-2312. Permitting Vehicle to be Parked Overtime. tion or be imprisoned for a term not exceeding 15 days, P. shall be unlawful and a violation of the provisions of in the city jail or in any place provided by the municipal- this ordinance for any person to permit a vehicle to re- iry for the detention of prisoners or both. (Sec. 16, Ord. main or be placed in any parking space adjacent to any 5266, 12-15-47) parking meter while said meter is displaying a signal in- dicating that the vehicle occupying such parking space 24-2317. Reason for Charge. The coin or coins re- has already parked beyond the period of time prescribed gaited to be deposited in parking meters as provided for such parking space. (Sec. 12, Ord. 5266, 12-15-47). herein are hereby levied and assessed as fees to pro- vide for the proper regulation and control of traffic upon 24-2313. Mutilating Meter. It shall be unlawful the public streets, improvement of traffic facilties, and and a violation of the provisions of this ordinance for the cost of supervision and regulating the parking of any person to deface, injure, tamper with, open or wil- vehicles in the parking meter zones created hereby, and fully break, destroy, or impair the usefulness of any to cover the cost of the purchasing, leasing, acquiring, parking meter installed under the provisions of this ordi- installation, operation, maintenance, supervision, regula- nance. (Sec. 13,Ord. 5266, 12-15-47). Lion and control of the parking meters described herein. 24-2314. Depositing Slugs. It shall be unlawful and (Sec. 17,Ord. 5266, 12-15-47) a violation of the provisions of this ordinance to deposit 24-2318. Supplemental. This ordinance shall be or cause to be deposited in any parking meter, any slug, deemed to be in addition and supplementary to, and not device or metallic substance, or any other substitute, for in conflict with nor a repeal of prior or existing ordin- a coin of the United Stares. (Sec. 14, Ord. 5266, antes of this city, but shall be an additional provision 12-15-47) For the regulation of traffic-and parking in those zones • • 24-2315. Duty of Police. It shall be the duty of provided for herein. (Sec. 18, Ord. 5266, 12-15-47) police officers of the City, acting in accordance with in- 24-2319. Saving Clause. If a section, part of sec- structions issued by the City Manager to report: tion, sentence, clause or phrase of this ordinance shall • • • CHAPTER 24. TRAFFIC 231 be held unconstitutional or invalid, the remaining pro- conflict with the provisions of this ordinance be and the visions hereof shall nevertheless remain in full force and same are hereby repealed. This ordinance shall take ef- effect. (Sec. 19,Ord. 5266, 12-15-47) feet and be in force from and after its passage and pub- Repeal- That Ordinance No 5124 be and it is here- lication in the official city paper. (Sec. 20, Ord.,5266, by repealed and all ordinances or parts of ordinances in 12.15-47) • • • • • • • I i CHAPTER 25. TRAILER CAMPS 233 CHAPTER 25. TRAILER CAMPS from any house-car trailer shall be construed as convert- ARTICLE 1. Trailer Camps ing the same•into a permanent structure subject to all requirements of the building, electrical, plumbing and 25-101. Definitions gas ordinances, sanitary ordinances and zoning ordin- 25-102. Habitation and Maintenance of House-Car ance. Trailers 4. It shall be permissible hereunder for a bona fide 25-103. Trailer Camp License guest of the householder to park a house-car trailer in. 25-104. Location and Area Requirements the rear yard of any dwelling house for a period of time 25-105. Sanitary Requirements not to exceed fifteen (15) days, provided, however, such 25-106. Safety Requirements house-car trailer may be used only for sleeping purposes • 25-107. Records and Enforcement during such fifteen (15) day period. 25-101. Definitions. When used in this chapter, 5. A house-car trailer may be parked or stored in words in the singular number include the plural and the City of Salina regardless of the other provisions here- words in the plural number include the singular; the of, provided that it shall not be used for living or sleep- word, "building", includes the word, "structure" and the ing purposes during such time it is so stored or parked word "shall" is mandatory and not directory. and provided, moreover, that it shall not be a nuisance • For the purpose of this chapter certain words and and does not constitute a fire hazard. terms are herewith defined as follows: 6. No house-car trailer shall be maintained in the HOUSE-CAR TRAILER is any structure intended City of Salina as a permanent office. Such office use as for or so constructed that it will be primarily suitable for is compatible with the demonstration and sale of such ar- living or sleeping quarters or for office purposes, mount- ticks or services as may be readily transported in a ed upon wheels, or any other device upon which it may house-car by a distributor or salesman may be permitted readily be transported, either by its own power or some in a house-car trailer on a legally located parking lot externally, applied tractive effort; provided,however, that for a period of time not exceeding seven (7) days, pro- this definition shall not apply to any vehicle lawfully vided such house-car trailer is not used for living or operated upon fixed rails. sleeping purposes during such time. (Revised, 1948) TOWING UNIT is any vehicle furnishing traction effort for a house-car or trailer. 25-103. Trailer Camp License. 1. It shall be un- lawful for any person to establish, maintain, or operate AREA UNIT is an area of ground space set aside for within the corporate limits of the City of Salina any the accommodation of one house-car trailer and towing trailer camp unless such person shall first obtain a license unit • therefor as hereinafter provided. PERSON refers to any individual, firm, partnership, association or corporation. • 2. Any person desiring to establish a trailer camp TRAILER CAMP is any plot of ground where house- shall file with the Building Inspector plans to show fully car trailers are invited or allowed to be located regardless the location of the camp and the location therein of all of whether or not any charge is made for the use of the buildings, toilet, bath, and laundry, washing facilities, slop sinks, water faucets, or hydrants, sewer connections, plot of ground. and driveways, or other improvements, proposed or ex- PARKING LOT is any plot of ground used for tern-, fisting. porary storage of automobiles. 3. The Building Inspector shall issue, after find- STREET is any recognized thoroughfare in'the City ing the proposed camp outlined on such plans will com- of Salina. (Revised, 1948) ply with the ordinance, a permit to erect or construct 25-102. Habitation and Maintenance of House-Car such required facilities as are not already in existence. Trailers. 1. It shall be unlawful for any person to 4 After the completion of such construction, the maintain a house-car trailer in the City of Salina out- site shall be inspected by proper officers, who, after find- side of a trailer camp which is duly licensed hereunder, ing that all requirements of this ordinance are complied • except as herein specifically permitted. with, shall so certify to the City Clerk. -Upon such cer- 2. It shall be unlawful for any person, except the tification, together with written application by the owner proprietor or his bona fide employees, to remain in any or lessee of such trailer camp stating the name and ad- trailer camp longer than ninety (90) consecutive days, dress of such owner or lessee, the location of the'trailer or more than ninety (90) days within any six month per- ramp. the maximum number of house-car trailers the iod, or for more than ,two ninety (90) days periods in camp will accommodate, and the name of the manager any one year period. who will be directly responsible for the maintenance and 3. Removal of the wheels or other transporting operation of said trailer camp, and upon present. device, except the temporary detachment of a towing unit, ment of the receipt of the City Treasurer for the proper • 234 ORDINANCES OF THE CITY OF SALINA, KANSAS fee, as hereinafter provided, the City Clerk shall issue al farther than two hundred (200) feet from a toilet. The license for the operation of such trailer camp. use of any chemical closet or any toilet in a house-car • 5. Each application for such license shall be ac- trailer shall be forbidden while such house-car trailer is companied by a license fee of $5.00 for a trailer camp located within the city limits. capable of accommodating twenty (20) house-car trail- (b) One shower shall be provided for each sex for ers or less, and an additional fee of $2.50 for each area every ten (10) units, or fraction thereof, provided that unit in excess of twenty (20). Each- such license shall tubs may be substituted for one-tenth of the required expire on June 30 or December 31 next following. Before number of showers. One wash basin shall be provided any license shall be renewed the premises shall be subject for each sex for each five (5) units or fraction thereof. to the same inspection as above provided on original ap- Such showers or bath tubs and wash basins shall be lo- plication. cared in buildings or structures in accordance with the 6. Such license shall be conspicuously posted on the ordinances of the city and of such material as shall per- premises of the trailer camp at all times. mit satisfactory cleaning. The floors of each such building shall be of concrete or other non-porous ma- 7. Any trailer camp license may be transferred upon serial, and lights for such buildings shall be such as to the presentment to the City Clerk of a written applica- don of the holder of such license approved by the Sani- provide ample illumination at night. tary Department. (Revised, 1948) (c) Slop sinks shall be provided with running water for every five (5) units, or fraction thereof. No sink lo- . 25-104. Location and Area Requirements. 1. sated within a house-car trailer shall be used unless it Nothing herein in this chapter shall be construed as discharges into a sewer in an approved manner, or into authorizing a trailer camp in any part of the city con- an approved type container which shall be fly-tight and Crary to the zoning ordinance. secured from spilling. Such containers must be emp- 2. Each unit shall be at least twenty (20) feet by tied into slop sinks regularly so as to prevent spillage thirty-five (35) feet, clearly defined by appropriate upon the ground. and in any case at least once in every markers, and shall be so graded as to provide adequate twenty-four (24) hour period. and proper drainage. (d) All waste water and sewage from toilets, showers, 3. No house-car trailer shall be permitted to park bathtubs, wash basins, slop sinks, and other plumbing closer than five (5) feet to the side line of its area unit, fixtures, in the trailer camp shall be carried to the city nor shall it be so parked that it is closer than ten (10) sewers by means of appropriate drains, except that when feet to any other house-car trailer, or any building lo- a city sewer is greater than three hundred (300) feet in cued in the trailer camp. a horizontal distance from the nearest point to the trail- 4. No trailer camp shall be located within a dis- er camp, or when resort would have to be made to pumps tance of six hundred (600) feet of any public park, to gain access to the city sewers, such means of treat- public buildings, hospital, school or college. ing sewage may be provided as may be specified by the Sanitary Department. 25-105. Sanitary Requirements. I. An adequate (e) A tightly covered metal garbage can shall be supply of pure water for drinking purposes of a qual-. provided for each occupied area and such means of ity that will meet the requirements of the United States Department of Public Health Standards shall be fur- transferring garbage therefrom to larger containers shall be provided as is acceptable to the Sanitary Department. Wished to meet the requirements of each trailer camp. (Revised, 1948) 2. Water shall be supplied from faucets or ap- proved type drinking fountains only. Faucets or drink- 25-106. Safety Requirements. I. Every trailer camp shall be equipped at all times with at least one fire ex- ing fountains shall not be farther in distance than eighty (80) feet from any area unit. No common drink- tinguisher of a type of'at least two and one-half gallon • ing cups shall be permitted. . (21/4) capacity, of a foam type, in good working order at all times and adequately protected from freezing for 3. Each trailer camp shall provide toilets, shower baths, slop sinks, and every ten units (10),or fraction thereof. P garbage containers under the fol- lowing conditions: 2. Such extinguishers shall be so located as to be (a) One toilet of the flush type shall be provided not farther than one hundred (100) feet from any area for each sex for every ten (10) units, or fraction there- unit. (Revised, 1948) of, provided that one-fourth of the required toilets for 25-107. Record and Enforcement. I. It shall be men may be substituted with urinals of the water flush the duty of the owner, his agent or caretaker, to keep type. Entrances to all toilet facilities shall be screened, a register and to record therein all house-car trailers fly-tight, and provided with sufficient lights to provide and occupants which occupy space at his trailer camp. ample illumination at night. No trailer unit shall be Said register shall specify dates and time of arrival, the • • CHAPTER 25. TRAILER CAMPS 235 name of the owner of the house-car trailer and towing tify the licensee of such trailer camp of such condi- unit, and the state in which the house-car trailer and don. If the violation is not corrected to the satisfaction cowing unit are registered and the numbers of the ve- of the department complaining, within a reasonable time hide licenses. • after notification, the license for such trailer camp may be revoked by the City Manager on the recommendation 2. It shall be the duty of the City Manager to en- of such department. force the general provisions of this chapter. 4. Any person who shall violate any provision of 3. If at any time a trailer camp is found to be violat- this chapter shall be punished upon conviction by a fine ing the provisions of this chapter, or other pertinent or- of not less than Ten Dollars ($10.00) and not more than dinances of the City of Salina, any duly constituted of- One Hundred Dollars ($100.00). Each day that such ficer or agent of any department of the City df Salina violation continues to exist shall constitute a separate of- charged with the duty to inspect trailer camps shall no- fense. • • • • • • • • CHAPTER 26. TREES 237 CHAPTER 26. TREES person in charge of said property in the same manner, Article 1... Trees and if within five days from the date of the service of any such notice, such owner, or such occupant, agent or per- 26-101. Trees; Trimming Required son in charge of such property, shall fail to comply with 26-102. Same; Dead Trees; Limbs Removed the provisions of such notice,such person shall be deemed 26-103. Same;Notice guilty of a violation of this article, and the superintend- 26-104. Same; Violation; Penalty ent of streets shall cause a complaint to be filed in the police court of said city and such owner, or occupant, 26-105. Same; Public Nuisance; How Abated or person in charge of said properry.shall be prosecuted Ref: Mutilating, Sec. 18-412; Utility Companies to for the violation of the provisions of this article, but trim,Sec. 19-111; House Moving, Sec. 23-108; Signs,Sec. failure to serve such notice shall not relieve any person 22406. from complying with the provisions of Sections 26-101 and 26-102 of this article, and any violator thereof shall 26-101 Trees; Trimming Required. That the owners be punished as herein provided, whether such notice be occupants or persons in charge of real estate in the City served or not. (Sec. 3, Ord. 3396, 6.25-27, Revised of Salina abutting upon any public streets and avenues 1948) in said city be and they are hereby required to cause all trees growing and situated in front of such real estate, but 26-104. Same; Violation; Penalty. That any per- within the boundary line of the streets or avenues and son who shall violate any of the provisions of this article within the curb line thereof, and all trees or branches or shall be deemed guilty of a misdemeanor and upon con- limbs thereof growing or situated on any such real estate, viction thereof shall be fined not less than $5.00 nor more which overhang any such street or avenue, to be properly than $25.00 for each offense, and for each day upon trimmed in such a manner as not to interfere with public which any condition by this ordinance prohibited is per- travel upon the streets and sidewalks in front or abutting mined to continue, after the time fixed in any notice upon any such property,and such trimming shall be done given by the Superintendent of Streets, a separate of- in a proper and scientific manner by a person familiar fense shall be deemed to be committed. (Sec. 4, Ord. with the proper manner of doing such work, so as not to 3396. 6-25-27, Revised, 1948) injure or destroy such trees. (Sec. I, Ord. 3396, 6-25-27). (G. S. 12-1611) 26-105. Same; Public Nuisance; How Abated. That 26-102. Same; Dead Trees; Limbs Removed. That in addition to the other provisions of this article, any tree which is not trimmed in accordance with the provis- the owners, occupants or persons in charge of real estate ions hereof, or any dead tree or dead branch or limb of abutting upon any public street or avenue in the City of any tree which is not removed, in accordance with the Salina be and they are hereby required to remove or provisions hereof, or any other dead tree or dead branch cause to be removed all dead trees or all dead limbs or or limb of any tree situated on any premies in the City of branches on any trees, situated or growing in front of Salina, which is or may become in danger of falling and such real estate but within the boundary line of any such street or avenue and within the curb line thereof, or injuring any person or property in said city, is hereby any dead tree or any dead limb or branch of any tree situ- declared a public nuisance, and if any such tree be aced or growing upon any such real estate, but over- not properly trimmed, or any such dead tree or dead be hanging any such street or avenue (or sufficiently near branch or limb of any tree en no[ removed, within nt. thereto to become dangerous to the public traveling time fixed in any notice given to the owner, occupant. thereon or on any sidewalk thereon) which said dead agent or person in charge of any such premises by the trees or dead limbs or branches hereof are or may become Superintendent of Streets, as herein provided or other- dangerous and a menace to public travel upon the wise, the nuisance so existing shall be abated as other nuis- streets and sidewalks in front of or abutting upon any antes are abated according to law, and upon a finding by such propery. (Sec. 2,Ord. 3396, 6-25.27). the police judge in a proper action brought for such pur- pose that such nuisance exists, such nuisance shall, if 26-103. Same; Notice. That the superintendent of not abated and removed by the owner, occupant, agent or Streets be and he is hereby authorized and directed, when- person in charge of such premises within the time (not ever in his opinion it becomes necessary, to notify in writ- to exceeed•five days) to be fixed by the police judge, be ing the owner of any such real estate to cause the trim- abated and removed by the Superintendent of Streets ming of any trees as required by Section 26-101 of this and the cost thereof reported by him to the City Clerk, article, or to cause the removal of any dead trees or dead and assessed against the lot or piece of land upon which limbs or branches of any trees as required by Section the same exists, or abutting the street or avenue upon 26-102 of this article. whenever in his opinion the same which the same exists, and certified by the City Clerk to may be necessary; or if such owner cannot be found in the County Clerk and collected as other taxes are collect- the City of Salina, then to notify the occupant, agent or ed; Provided, however, that nothing in this article shall 238 ORDINANCES OF THE CITY OF SALINA, KANSAS be deemed to impair the right of the city to trim, protect either of them are hereby authorized and directed, when- or otherwise care for trees upon all public streets, avenues, ever it may be necessary,to perform or to cause to be per- boulevards, parks and other public grounds, and the formed any such work. (Sec. 5, Ord. 3396, 6-25-27, Re- Superintendent of Streets, or Superintendent of Parks or vised 1948) • • • • • • CHAPTER 27. WARDS 239 CHAPTER 27. WARDS [Iron Avenue and Otis Avenue and west of Fifth Street Article 1. Wards between Otis Avenue and the north city limits and north of Iron Avenue (and the center line of Iron Avenue ex- 27-101. City Divided into Wards and Precincts tended through the replat of part of University Addi- 27-102. First Ward tion) and north of Marietta Avenue, between Santa Fe 27-103. First Precinct of First Ward Avenue and the west city limits shall constitute the Second 27-104. Second Precinct of First Ward Ward. (Sec. 5, Ord. 4837, 2.14-38) 27-105. Second Ward 27-106. First Precinct of Second Ward. The First • 27406. First Precinct of Second Ward Precinct of the Second Ward shall include all of that 27-107. Second Precinct of Second Ward part of the Second Ward as herein defined which lies 27-108. Third Precinct of Second Ward north of Grand Avenue between Santa Fe Avenue and 27-109. Fourth Precinct of Second Ward the west city limits, and west of Santa Fe Avenue be- 27-110. Third Ward tween Grand Avenue and Otis Avenue, and west of Fifth 27-111. First Precinct of Third Ward Street between Otis Avenue and the north city limits. 27-112. Second Precinct of Third Ward 27-113. Third Precinct of Third Ward (Sec. 6,Ord.4837; 2-14-38) 27-114. Fourth Precinct of Third Ward 27-107. Second Precinct of Second Ward. The 27-115. Fourth Ward Second Precinct of the Second Ward shall include all of 27-116. First Precinct of Fourth Ward that part of the Second Ward as herein defined which 27-117. Second Precinct of Fourth Ward lies east of Santa Fe Avenue between Elm Street and 27-118. Fifth Ward - Grand Avenue. (Sec. 7,Ord 4837, 2-14-38). 17-119. First Precinct of Fifth Ward 27.108. Third Precinct of Second Ward. The 27-120. Second Precinct of Fifth Ward Third Precinct of the Second Ward shall include all of 27-121. Third Precinct of Fifth Ward that part of the Second Ward herein defined which 27-122. Fourth Precinct of Fifth Ward lies south of Elm Street, and west of Twelfth Street from 27-123. Territory Outside City Limits; Attached For Elm Street to State Street, and west of Eleventh Street School Purposes Residents; Voting from State Street to Iron Avenue. (Sec. 8, Ord. 4837, 27-124. Additional Territory Amd.by Sec. I, Ord. 4983, 12-16-40). 27-101. City Divided into Wards and Precincts. 27-109. Fourth Precinct of Second Ward. The That the City of Salina be and the same is hereby divided Fourth Precinct of the Second Ward shall include all of into five wards to be known and numbered as the First, that part of the Second Ward as herein defined which lies Second, Third, Fourth and Fifth Wards, each of which south of Elm Street, and east of Twelfth Street from Elm shall be divided into the number of voting precincts as Street to State Street, and east of Eleventh Street from • hereinafter provided for. (Sec. 1,Ord.4837, 2-14-38) State Street to Iron Avenue. (Sec. 9, Ord. 4837, Amd. 27-102. First Ward. All of that part of the City of by Sec. 2,Ord. 4983, 12-16-40) Salina lying north of Iron,Avenue between Santa Fe 27-110. Third Ward. All of that part of the City Avenue and the east line of Section 18, Township 14, of Salina which lies west of Santa Fe Avenue between Range 2 (Marymount Road) and lying east of Santa Fe Iron Avenue (and the center line of Iron Avenue extend- Avenue between Iron Avenue and Otis Avenue and east ed west throught the replat part of University Addition) of Fifth Street Between Otis Avenue and the north city and Marietta Avenue, on the north, and Prescott Avenue limits shall constitute the First Ward. (Sec.2, Ord. 4837, on the south, shall constitute the Third Ward. (Sec. 10, 2-14-38). Ord.4837, 2-14-38). 27-103. First Precinct of First Ward. The First . 27-111. First Precinct of Third Ward. The First Precinct of the First Ward shall include all of that part Precinct of the Third Ward shall include all of that part of the First Ward as herein defined which lies north of of the Third Ward as herein defined which lies west of the Smoky Hill River and north of Iron Avenue bewteen the center line of Twelfth Street between Iron Avenue the Smoky Hill River and Santa Fe Avenue.. (Sec. 3, and the center line of the alley which runs east and west Ord.4837, 2-14-38). in Phillips 2nd Addition, and which lies north of a boun- 27-104. Second Precinct of First Ward. The Sec- dary line described as follows: Commencing at the inter- section of the center line of Twelfth Street and the center ond Precinct Of the First Ward shall include all of that part of the First Ward as herein defined which lies south line of the alley which runs east and west through Phillips of the Smoky Hill River. (Sec. 4, Ord.4837, 2-14-38) 2nd Addition, thence west along the center line of said alley to the center line of Baker Street, thence north in 27-105. Second Ward. All of that portion of the the center line of Baker Street to a point 72 feet south of ' City of Salina lying west of Santa Fe Avenue between the south line of Cedar Street, thence west along a line • 240 I ORDINANCES OF THE CITY OF SALINA, KANSAS parallel with and 72 feet south of the south line of Cedar Eleventh Street with the center line of the alley which Street to the intersection of said line with the center runs east and west in Phillips 2nd Addition, thence west line of Phillips Street, thence south in the center line of along the center line of said alley to its intersection with Phillips Street to its intersection with the center line of the center line of Twelfth Street, thence south along the Spruce Street, thence west in the center line of Spruce center line of Twelfth Street to the center line of South Street to the west city limits. (Sec. 11, Ord. 4837, Amd. Street, thence east along the center line of South Street by Sec. 3, Ord. 4983, 12-16-40). to the center line of Eleventh Street (south of South 27-1I2. Second Precinct of Third Ward. The Sec- Street) thence south along the center line of Eleventh and Precinct of the Third Ward shall include all of that Street to the center line of Prescott Avenue, thence east part of the Third Ward as herein defined which lies be- along the center line of Prescott Avenue to the.point of tween Santa Fe Avenue and Twelfth Street and south of beginning. (Sec. 14, Ord. 4837, Amd. by Sec. 5, Ord. Iron Avenue and north of Mulberry Street between 4983, 12-16-40). Santa Fe Avenue and Ninth Street and north of the 27-115. Fourth Ward: All of that part of the City north line of Seitz Addition between Ninth Street and of Salina which lies east of Santa Fe Avenue between Eleventh Street and north of the alley which runs east Iron Avenue and Prescott Avenue and east of Mary- and west in Phillips Second Addition between Eleventh mount Road and south of the Country Club Road shall Street and Twelfth Street. (Sec. 12, Ord. 4837, 2-14-38). constitute the Fourth Ward. (Sec. 15, Ord. 4837, Amd. 27-113. Third Precinct of Third Ward. The Third Sec..l, Ord. 4840, 2-28-28). Precinct of the Third Ward shall include all of that part 27-116. First Precinct of Fourth Ward. The First of the Third Ward as herein defined which lies within the Precinct of the Fourth Ward shall include all of that part following described boundaries, to-wit: Commencing at of the Fourth Ward as herein defined which is bounded the intersection of the center lines of Eleventh Street on the west by Santa Fe Avenue, on the north by Iron and Prescott Avenue, thence north in the center line Avenue, on the south by Prescott Avenue and on the east •of Eleventh Street to the center line of Eleventh'Street to by Front Street (and Front Street extended) between Iron the center line of South Street, thence west in the center Avenue and Prescott Avenue. (Sec. 16, Ord. 4837, line of South Street to the center line of Twelfth Street, 2_14-38). thence north in the center line of Twelfth Street to the • center line of the alley which runs east and west in Phil- 27-117. Second Precinct of Fourth Ward. The lips 2nd Addition, thence west along.the center line of Second Precinct of the Fourth Ward shall include all of said alley to its intersection with the center line of Baker that part of the Fourth Ward as herein defined which lies Street, thence north in the center line of Baker Street to south of Iron Avenue between Front Street and Mary- a point 72 feet south of the south line of Cedar Street, mount Road and south of the Country Club Road be- thence west along a line which lies parallel with and 72 tween Marymount Road and the east city limits. (Sec. 17, feet south of the south line of Cedar Street to the inter- Ord. 4837, 2-14-38). • section of said line with the center line of Phillips Street, 27-118. Fifth Ward. All of that portion of the thence south in the center line of Phillips Street to its City of Salina which lies south of Prescott Avenue (and intersection with,the center line of Spruce Street, thence Prescott Avenue extended east) shall constitute the Fifth west in the center line of Spruce Street to its intersection Ward. (Sec. 18, Ord. 4837, 2-14-38). with the west city limits, thence south and along the - westerly city limits to the intersection of the westerly city 27-119. First Precinct of Fifth Ward. The First limits line with the center line of Prescott Avenue, thence Precinct of the Fifth Ward shall include all of that east along the center line of Prescott Avenue to point of part of the Fifth Ward as herein defined and is bounded•beginning. (Sec. 13, Ord. 4837, Amd. by Sec. 4, Ord. on the north by Prescott Avenue, on the south by Wilson 4983, 12-16-40). Street, on the east by Ninth Street and west by the west city limits. (Sec. 19,Ord. 4837, 2-14-38). 27-114. Fourth Precinct of Third Ward. The Fourth Precinct of the Third Ward shall include all of 27-120. Second Precinct of Fifth Ward, The Sec. that part of.the Third Ward as herein defined which lies and Precinct of the Fifth Ward shall include all of that within the following described boundaries to-wit: Com- parr of the Fifth Ward as herein defined which lies'east mencing at the intersection of the center lines of Santa of Ninth Street, south of Prescott Avenue (and Prescott Fe Avenue and Mulberry Street, thence west along the Avenue extended east) and north of Wilson Street (and center line of Mulberry Street to the west line of Ninth Wilson Street extended east). (Sec. 20, Ord. 4837,Amd. Street, thence south to the northeast coiner of Seitz Sec. 2,Ord. 4840, 2-28-38). Addition, thence west along the north line of Seitz 27-121. Third Precinct of Fifth Ward. The Third ' Addition to the northwest corner of said Addition, Precinct of the Fifth Ward shall include all of that part thence westerly to the intersection of the west line of of the Fifth Ward as herein defined which lies south of • • CHAPTER 27. WARDS 241 Wilson Street and west of Ninth Street. (Sec. 21, Ord. person resides, and the boundaries of which voting pre- 4837, 2-14-38). cinct, if extended, would include the residence of such 27-122. Fourth Precinct of Fifth Ward. The Fourth school district voter. and the ballots furnished to any Precinct of the Fifth Ward shall include all of that part such persons for the purpose of voting at any such elec- of the Fifth Ward as herein defined which lies east of non shall be so prepared as to permit such persons to vote Ninth Street and south of Wilson Street (and Wilson for school purposes only and the judges and clerks of Street extended east). (Sec. 22, Ord. 4837, 2-14-38). election in any voting precinct at which any such votes 27-123. Territory Outside City Limits; Attached For are cast shall prepare and keep a separate record of the ' School Purposes; Residents; Voting. That all territory persons casting such ballots, their place of residence and outside of the corporate limits of the City of Salina of the number of such ballots received by them at any which has been attached to the City of Salina for school such election. (Sec. 25, Ord. 4837, 2-14-38). purposes and which is a part of the City of Salina School District shall be and the same is hereby attached to the 27-124. Additional Territory. That any territory several voting precincts of the City of Salina contiguous hereafter added to the City of Salina shall become a part thereto and all persons residing in any such attached of that ward and voting precinct to which it is contiguous territory and possessing the qualifications of an elector and whose boundaries intersecting the city limits if ex- under the laws of the State of Kansas shall be qualified tended, would include such added territory, unless such to vote at an election in the City of Salina for school territory shall by ordinance be specifically attached to purposes only in any voting precinct of such city which some other ward or voting precinct. (Sec. 26, Ord. 4837, lies contiguous to the attached territory in which such 2-14-38). ■ • • • • CHAPTER 28. WATERWORKS 243 CHAPTER 28. WATERWORKS hcers, employees, servants and agents of said depart- ARTICLE 1. Waterworks ment when appointed by the City Manager shall be un- der the immediate control and management of the super- 28.101. Waterworks Department intendent. The superintendent shall perform all such 28-102. Officers and Employees other duties as may be prescribed by said Board of Corn- 28-103. Superintendent missioners by ordinance or resolution. (Revised, 1948) 28-104. Cashier (G. S. 1945 Supp. 13-2402) • 28-105. Bookkeeper 28.104. Cashier. The cashier of the Waterworks 28-106. Finances shall be responsible for, receive and collect all revenue 28-107. Petty Cash Fund due the waterworks department. (Revised, 1948) '28-108. Rules • 28-109. Application 28-105. Bookkeeper. The bookkeeper shall keep 28-110. Taps complete books showing in detail the business transactions 28-Ill. Care of Service Lines of the waterworks department, At the beginning of each 28-112. Meters month the bookkeeper shall strike a trial balance and 28-113. Use make a report to the City Manager portraying the finan- 28-114. Rates cial condition of the department and all collections. ex- 28-115. Rates Outside City penditures and approved claims entitled to payment. (Re- 28-116. Accounts vised, 1948) 28.117. Payment and Collection of Charges 28-106. Finances. All revenues derived from the 28.118. Consumers sale and consumption of water and from the manage- 28-119. Unlawful Use of Water ment and operation of the waterworks, shall be deposited, 28-120. Water for City Departments daily, in the city treasury to the credit of the water- 28-121. Hydrant Rentals works department and shall be kept in a separate fund 28-122. Penalty . to be known as the waterworks department fund. Such Ref: Hydrant offense, Secs. 18-1003, 18-1004 revenues shall be used only for the purposes authorized 28-101. Waterworks Department. That there be by law. and there is hereby created in the City of Salina, Kansas, In addition to customer's accounts, there shall be kep: a department to be known as "The Water Works Depart- a set of cost books and records complete enough to show ment of the City of Salina" which shall hereafter in this the cost of producing and distributing water and repair- • chapter be referred to as the "Department"; which in ing and maintaining the waterworks plant and equipment, accordance with the provisions of this chapter shall have and such other items as shall be necessary for the in[el- the control and 'management of the system of water ligent management of the department. (Revised, 1948) works'of the City of Salina. • The city manager under 28-107. Petty Cash Fund. That there is hereby the direction of the Board of City Commissioners shall established a petty cash fund in the sum of one thousand have control and management of said water works sys- dollars ($1000.00) for the use of the waterworks depart- tem. (Sec. 1, Ord. 3191, 12-14.25 Revised, 1948) (G. S. 13-2401) ment for the purpose of paying postage, freight, tempor- ary labor, and other emergency expenses, including re- 28-102. Officers and Employees. That there be and fund of deposits made to secure payment of accounts. there are hereby created certain offices in said depart- (G. S. 1945 Supp., 12-825a) ment as follows: to-wit: superintendent, bookkeeper, cash- The petty cash fund shall be deposited in the de- ier, and such other employees, servants and agents as signaled city depository bank as a separate account and shall be necessary to properly improve, operate and main- shall be paid out on the order of the cashier of the tam said water works system. The City Manager may act waterworks by checks which shall state clearly the pur- as superintendent, if qualified. (Revised, 1948) pose for which issued. (G. S. 1943 Supp. 12-825a.) 28-103. Superintendent. The Superintendent of The payees of all checks shall certify thereon over the Waterworks, hereafter referred to as the Superintend- their signatures that such services were rendered, sup- ent, shall, under the direction of the City•Manager, have plies furnished, or refunds received, as the case may be charge of said waterworks and all property connected and any false'certification on any check shall be deemed therewith and shall manage and control the same. He obtaining money under false pretenses and punished as shall inspect all parts of said waterworks and see that provided by law. (G.S. 1945 Supp., 12-825b) they are maintained in good condition for use, and that Whenever the petty cash fund becomes low or de- ' all employees of the department attend to their respec- pleted, the cashier shall prepare vouchers covering such rive duties. He shall keep in good repair the pumps, expenses as have been paid from the perry cash fund, and hydrants, and other waterworks property. All other of shall submit such vouchers together with the paid checks • 244 ORDINANCES OF THE CITY OF SALINA, KANSAS to the governing body for audit, and allowance of the interest credited shall be subject to call and payment at amount from the contributing funds. Warrants issued any time, but shall not draw interest. The amount of therefor shall be payable to the petty cash fund and deposit required shall at all times be reasonable, and shall be deposited therein to restore the petty cash fund shall be based upon the value of the maximum service to its original amount, for use as herein provided. (Re- rendered; and such advance deposit, together with the vised, 1948) (G.S. 1945 Supp., 12-825c) interest due thereon, may be applied to the payment of any accrued bills. or bills due on discontinuance of 28-108. Rules. The rates, rules and regulations service. (Sec. 6, Ord. 3191, 12-14-25 Revised, 1948) herein established shall be considered a part of the con- ( G.S. 12-822) tract with every person, firm and corporation supplied with water by and through the waterworks system, 28-110. Taps. The department shall tap all mains either within or without the corporate limits of the City or distributing pipes, inserting a corporation cock and of Salina. Such person, firm or corporation, by ap- furnishing the union for the connection to the service plying for and accepting water shall be held and con- pipe. The charge for each tap shall be four ($4.00) Doh sidered as consenting to be bound thereby, and in case lars for three-quarter (3/a) inch corporation cock and six of violation of any rules or regulations in force or. upon ($6.00) dollars for one (1) inch corporation cocks, and failure to pay any charges or penalties herein provided larger sizes of corporation cocks shall be as established for. the water may be cut off from the premises or place by the superintendent, predicated on actual cost, plus 10 of violation and not turned on again except by order of per cent, to be paid to the water department when the the Superintendent of the Waterworks Department after tap is ordered. (Sec. 7, Ord. 3191, 12-14-25 Revised, satisfactory assurance that there shall be no further cause 1948) (Ref.: See 13-2410, 2411,'G. S. 1935) for complaint and upon payment of any such charges. (Sec. 5, Ord. 3191, 12-14-25 Revised, 1948) 28-111. Care and Installation of Service Lines. All consumers shall keep their own fixtures, service lines, and 28-109. Applications. Any person making proper curb cocks in good repair and protected from frost at application and complying with the requirements herein their own expense, and shall prevent all unnecessary set forth shall be supplied with water by the department waste of water, keeping all fixtures closed when not in providing his property adjoins a water main or distri- use. It is expressly stipulated that no claim shall be buting pipe. All applications for water shall be on a made against the City or the Waterworks Department be- form to be furnished by the department and ,shall be cause of any break in the service or any damage arising signed by the person making such application and shall from the cutting off of water to repair mains, 'make con- state the location of the premises for which water is to nections, or for any other purpose, that becomes neces- be furnished and all purposes for which water is re- sary; the right is hereby reserved to cut off water at any quired and any other information required by the de- time when deemed necessary. Defective service lines partment. Unless such application be signed by the must be promptly repaired; otherwise the water may be owner, or the authorized agent of the owner of the pro- shut off at the main, notice having first been given, and perty to be supplied, such application must be accom- the cost charged against the service. When it becomes panied by a cash deposit for an amount equal to double necessary for installation of service lines to be effected the estimated monthly water bills for such premises but or repairs to be made to existing service lines between the in no case less than two dollars ($2.00), and any ap- main and the curb cock, or when curb cocks are broken plicant shall, upon demand of the superintendent, in or cannot be closed, service boxes are misplaced, filled crease such deposit when, if in the opinion of such with debris or require new lids, or when other repairs superintendent, such increase may be necessary to pro- or replacements are necessary to the proper operation rect the city from loss. Whenever such application is of the system and the supplying of water to users, or to made by any person other than the owner of the pro- prevent waste of water, reasonable efforts shall be made perty or the authorized agent of such owner, the ap- to request or notify the owner or party liable for the plicant shall secure the written consent of such owner or expense and to induce him to make the necessary in- agent to the furnishing of water of such premises and to stallations, repairs or alterations; but in cases where, af- such applicant in accordance with the rules and regula- ter reasonable effort, it is found impossible or imprac- tions herein provided for. A separate account of each ticable to notify the owner or party liable, or where the deposit shall be made showing the date on which such owner reports inability to obtain a plumber to install a deposit is received, the name of the depositor, and the service line, or where the owner or party fails or refuses amount thereof. The city shall pay to the customer mak- to have the necessary repairs made within a reasonable ' ing the deposit interest at the rate of four percent per length of time, or where an emergency does not permit annum, such interest to be credited on the first day of the necessary delay in finding the owner or party liable, January thereafter, and shall be payable at the office of then the Waterworks Department shall make such re- the utility, in cash, on demand of the depositor. Any pairs or alterations or cause service lines to be installed • • CHAPTER 28. WATERWORKS 245 to the curb cock as are necessary and charge the actual water through a single meter except by special written cost of labor and material involved, plus 25% for over-I permission of the superintendent. (Sec. 11, Ord. 3191, head expenses, against the property served, and the same 12-14-25) shall be collectible in the same manner as monthly water 28-114. Rates. The following are hereby established bills. No service lines shall be abandoned without first as the meter rates which consumers of water shall pay for having been shut off and capped or plugged at the tor- water furnished them by The Waterworks Department of poration cock at the expense of the property owner. (Sec. the City of Salina: 9, Ord. 3191, 12.14-25 Revised, 1948) (Ref.; See 13.2410, 2411,G. S. 1935) (I) First 3000 cubic feet @ $.168 per 100 cubic feet or$.225 per 1000 gallons. 28-112. Meters. All water sold by the department (2) Next 6000 cubic feet @ $.135 per 100 cubic shall be measured by meter. All meters shall be furnished feet or $.18 per 1000 gallons. by the department and installed without cost to the con- sumer. The meters shall be located adjacent to the curb (3) Next 6000 cubic feet @ $.106 per 100 cubic cock where practicable in a meter box to be furnished feet or$.14 per 1000 gallons. by the department at the expense of the consumer, and (4) Over 15000 cubic feet @ $.056 per 100 cubic otherwise at such point as the superintendent shall direct, feet or$.075 per 1000 gallons. • The owner shall leave a gap in the service line of proper Users and consumers of water are hereby granted size to accommodate the meter and connections furnish- the privilege of purchasing water by contract on a ed by the Waterworks Department and shall leave suf- monthly or annual basis at their option, provided that ficient room about the meter for the installation of a users of water on an annual basis shall be charged at the meter box in case the meter is placed outside the build- uniform rate of $.168 per 100 cubic feet for use of water ings. No person shall molest, injure, or in any way in- over the annual minimum as hereinafter prescribed. terfere with any water meter, meter box or cover, or any- The following are hereby established as the minimum thing appertaining thereto, and no person shall deposit charges for regular users of water, using the prescribed dirt, stone or rubbish of any nature in any meter box size of meter and the maximum volume of water for each or service box. The occupant of any building or prem- minimum charge on a monthly and annual basis: ises where a meter is located shall keep the meter free from all obstructions so that. it is at all times conven• MONTHLY ANNUAL Meter Minimum Cu. L Gallons Minimum Cu.ANNUAL Gallons t.iently accessible for reading, inspecting or repairing. Size Charge Allowed Allowed Charge Allowed Allowed The superintendent, or persons authorized by him, may 34" $ 115 685 5,138 $13.80 8,232 61,656 enter at any reasonable hour any premises supplied with ' 1.65 982 7,365 33.00 11.784 88.380 Y Y PP 1�' 2.75 1637 12,278 33.00 19.644 147,336 water in order to inspect or repair meters, pipes or fix- 1-4' 5.00 2976 2'2,320 60.00 35,712 267.840 2" 6.75 4267 32,000 81.00 51,204 384,000 tures or to investigate the use of water. Where a meter is located in an approved meter box or housing in the 28-115. Rates Outside City. The general specific parking or sidewalk, the consumer or owner of the pro- and minimum rates charged for water produced and sold perty in which such meter is placed shall be responsible by the Water Works Department of the City of Salina for its protection and preservation and any damage sus- as now or hereafter prescribed by ordinance are hereby twined by such meter shall be charged to the consumer declared to be applicable only to water consumed or or owner of the property served in the same manner as used within the limits of the City of Salina. That the prescribed for repairs to service lines. Whenever a minimum charge for water consumed or used outside the meter is damaged by hot water or steam or by improper limits of the City of Salina shall be two times the min- method of thawing when frozen, the cost of the repairs itnum charge for water consumed within the city. That shall be chargeable to the property in the same manner for water consumed or used outside the city in a volume as prescribed for repairs to services. In case any meter in excess of the minimum for each meter shall be charged fails to register for any cause, the amount charged for at the regular rate plus 25% thereof. That the rates water during such period shall be estimated by the super- prescribed by Section 2 hereof shall not apply to situa- intendent, such estimate to be based on the average tions wherein the water works department of the City of amount registered during a like preceding period and Salina is bound by non-cancellable contracts to pro- such other information as is available. (Sec. 10, Ord. vide water at other rates to consumers or users outside 3191, 12-14-25) (See 13-2410-11, G.S. 1935) • the said city. 28113.' Use. Patrons shall not allow water to be 28-116. Accounts. All meters shall be read as taken from the premises nor permit any 'connection being nearly as practicable on the last day of the month and made to his service line without first obtaining written bills shall be rendered by the first day of the month fol- permission from the superintendent. Water shall be lowing. All bills shall be payable on or before the tenth used only on the premises to which the service is ex- day of the month in which the bill is rendered, and if tended, and not more than one consumer shall receive any parson, firm or corporation shall fail to pay his water • • 246 ORDINANCES OF THE CITY OF SALINA, KANSAS bill on or before the tenth day of said month, a penalty more means of entrance. Whereby special written per- of ten (10%) per cent of the amount of the bill, in no mission of the superintendent more than one consumer is event less than ten cents, shall be added and collected. If permitted to obtain water through a single meter, the any person, firm or corporation, shall fail to pay his minimum charge for each consumer shall be made. (Sec. water bill on or before the twentieth day of said month, 14,Ord. 3191, 12-14-25 Revised; 1948)• service shall be discontinued and water shall be shut off from the premises until all unpaid water bills and pen- 28-119. Unlawful Use of Water. It shall be un- alties shall have been paid, together with an additional lawful for any person to take or use water fromthe charge of One ($1.00) Dollar to cover the cost of shut- waterworks of the City of Salina without notice to the ting off and turning on the water regardless of any change department and without payment for the same as pro- in occupancy or ownership. The superintendent shall vtded by the rules and regulations herein contained. have authority to make correction or refunds of over- No person shall turn on or shut off the water at any payments or improper water bills due to error in the valve, curb cock, corporation cock or other places re- waterworks department, but shall have no authority to re- gulating the supply of water to any premises or part of mit or diminish bill for any other reason. (Sec. 13, Ord. the waterworks system except duly authorized employees 3191, 12-14-25, Revised, 1948) of the department or persons authorized to do so by the superintendent; provided however, that any licensed 28-117. Payment and Collection of Charges. That whenever any consumer of water shall move from one plumber may turn on or shut off water for the purpose of testing his work but he shall leave the valve or curb cock location or premises to another in or adjacent to the City of Salina, or whenever water is turned off at any in the same position in which he found it. (Sec. I5, premises on account of the failure of the consumer to Ord. 3191, 12-14-25) pay the water charges for water used on any such prem- 28-120. Water for City Departments. All water ises, or whenever any consumer or applicant for water used by any city department for any purpose whatso- service is indebted to the water department of the City of ever, excepting only that used by the fire department Salina for any water previously furnished to him either for extinguishing fires, shall be measured and charged at the premises for which an application is made or at for in the same manner as water used by private con- any other place in the City of Salina, the superintendent semen at a rate to be fixed by the Board of Commis- of the Waterworks Department shall refuse to turn on or sinners. Where it is impracticable to meter the water so authorize the turning on of water for any such con- used, it shall be estimated by the superintendent. (Sec. 16, sumer or applicant at any place, until all previous Ord. 3191, 12-14-25) charges due to the water department for whatever prem- ises, have been fully paid by such consumer or applicant, 28-121. Hydrant Rentals. To cover the cost of and all other requirements and charges, whether in the furnishing and maintaining fire hydrants, fire mains and nature of penalties, shut off or turn on charges, or water for extinguishing fires an annual hydrant rental deposits as required by ordinance, shall have been paid, shall be paid to the Waterworks Department by the City and no applicant or consumer shall be entitled to have of Salina in such sum as the Board of Commissioners water turned on at any premises until all such charges may hereafter determine. For all fire hydrants located in and requirements have been fully paid and complied water mains outside of the limits of the City of Salina, with, and the superintendent of the water department the person for whose benefit such fire hydrants are in- shall be authorized to make all reasonable rules and regu- stalled shall pay a fire hydrant rental of $1.00 per lations to secure the payment of any sums due to the annum per hydrant which shall be payable quarterly in water department of the City of Salina as may in his advance. No fire hydrant shall be connected to any judgment be necessary. (Sec. 1, Ord. 3737, 7-1-29) water main outside of the City of Salina without notice and without securing permission from the superintendent 28-118. Consumers. The consumer, as referred to and no such hydrant shall be or remain connected to any herein, shall be the party receiving water or service for a such water main unless the rental due thereon shall be property classified as follows: First, an apartment (a household unit, designed, used or suitable for occupancy paid within ten days after the same becomes due. (Sec. • for one or more persons) or a building under one roof, 17, Ord. 3191, 12-14-25) occupied by one business or residence: Second, a coin-. 28-122. Penalty. Any person, firm or corporation bination of buildings, owned by one party, in a common who shall, violate any of the provisions of this chapter enclosure, used for one residence or business; Third, shall, upon conviction thereof. be fined in any sum not the one side of a double house having a solid vertical less than $25.00 nor more than $100.00 for each offense, partition wall; Fourth, a building owned by one party, and in case of continued violation each day during which having a number of offices, or sleeping or living rooms such violation continues shall be and constitutes a sep- (not including apartments designed for occupancy by arate offense. (Sec. 18, Ord. 3191, 12-14-25 Revised, a separate family) using in common one hall and one or 1948) • CHAPTER 29. ZONING 247 CHAPTER 29. ZONING 29-130. Conflicting Provisions Repealed Article 1. Zoning Ordinances 29-131. When Effective Article 2. Additions to "B" Residence District 29-132 to 29-141. "AX" Residence District Article 3. Additions to "C" Commercial District 29"142 to 29-149. Class "B" Emergency Zone Article 4. Additions to "D" Light Industrial Dis- shown Additions and exclusions from districts are shown in Articles 2, 3,4 and 5. trict Article 5. Additions to "E" Heavy Industrial Dis- Ref: Building Code, Chap. 6, Art. 2; Planning trict Commission Chap. I, Art. 11; Zoning Ordinance No. 3188 upheld in Piper v. Moore, 163 Kan. 565. ARTICLE 1. Zoning Ordinances • 29-101. Definitions NO. 3188 29-102. Use Districts 29-101a. Title and Preamble. An ordinance•divid- 29.103. "A" Residence District Boundaries ing the City of Salina, Kansas, into Zones and Districts 29-103a. Changes in "A" Residence District and regulating and restricting the location of trades and 29-1036. "AX" Residence District industries, and the location, erection, alteration and 29-104. "B" Residence District Boundaries repair of buildings designed for specified uses; and 29-104a. Changes in"B" Residence District the uses of land within each of such Districts or Zones, 29-1046. Crass "B" Emergency Zone and establishing regulations relating thereto, prescrib- 29-105. "C"Commercial District Boundaries ing a penalty for the violation of its terms and repealing 29-I05a. Changes in and Additions to "C" Com- all ordinances inconsistent with the terms. mercial District WHEREAS, pursuant to Ordinance Number 3174 29-106. "D" Light Industrial District Boundaries heretofore adopted by the Board of Commissioners of the 29-106a. Changes in "D"Light Industrial District City of Salina, Kansas, the City Planning Commision of 29-107. "E" Heavy Industrial District Boundaries said City did on October 26th, 1925. submit to said Board 29-I07a. Additions to "E"Heavy Industrial District of Commissioners a tentative report as required by law, 29-108. "A" Residence District Uses making the recommendations of said City Planning Com- 29-109. "B" Residence District Uses mission as to the boundaries of Districts or Zones to be 29-109a. Advertising Signs in "A" and "B" Resi- established in the City of Salina in which the location dente Districts of trades and industries and the location, erection, altera- 29-110. "C"Commercial District Uses tion and repair of buildings designed for specified uses, 29-110a. Monument Business in Part of "C" Com- and the use of land within each such District or Zone mercial District; Restrictions are to be regulated and restricted,and 29-1 11. "D"Light Industrial District Uses WHEREAS, after the submission of said tentative re- 29-112. "E"Heavy Industrial District Uses port said City Planning Commission did, as required by 29-113. Existing Use; Alteration; Restoration said Ordinance No. 3174, hold public hearings thereon at 29-114. Area Districts the time and place required by said Ordinance. having 29-115. "A"Area District Boundaries previously given three days public notice thereof by no- 29-116. "B"Area District Boundaries tice published in the Salina Journal, all as shown by the 29-117. "C"and"D'Area District Boundaries final report of said City Planning Commission submitted 29.117a. Additions to "C"Area District to said Board of Commissioners on the 2nd day of No- 29.118. "A"Area District vember, 1925, including the affidavit of the publisher 29-119. - "B" Area District showing publication of said notice, as attached to said 29-119a. Special Setback in Pan of "B" Residence final report,now therefore, District Be It Ordained by the Board of Commissioners of the 29-1196. Apartment Loc Area in "B" Residence City of Salina, Kansas: District 29-120. "C" Area District 29-101. Section 1. Definitions. That for the put- 29-121. "D"Area District pose of this ordinance, certain terms and words are 29-122. Area District Exceptions hereby defined as follows: 29-123. Certificate of Occupancy and Compliance Words used in the present tense include the future; 29-124. Plats words in the singular number include the plural; words 29-125. Interpretation and Purposes in the plural include the singular number; the word 29-126. Additions to City Limits "building" includes the word "structure"; the word 29-127. Violation; Penalty "shall" is mandatory and not directory. Any words not 29-128. Validity specifically defined herein shall be construed and defined • 29-129. Changes and Amendments in the building code. • 248 ORDINANCES OF THE CITY OF SALINA, KANSAS Accessory Building. A subordinate building or por- District. A section of the City of Salina for which Lion of main building located in and occupying not more. the regulations governing the area of the use of building than thirty (30) per cent of the rear yard of the main are the same. Building, its use being incidental to that of the main Group House. A group of not more than four (4) building, and not exceeding twelve (12) feet in height. attached dwellings erected simultaneously and each Alley. A public thoroughfare not over twenty (20) dwelling having accommodations for one (1) family feet wide. only. Apartment. A household unit in a tenement or apart- Hotel- A hotel is a building in which lodging is pro- ment house, designed, used or suitable for occupancy for vided with or without meals, and open to transient guests one or more persons. in contradistinction to boarding or lodging houses which Apartment House. A building or portion thereof de- are herein specifically defined. signed, used or intended to be used as a residence for Lodging House. A lodging house is a building or three (3) or more families living in separate apart- place providing lodging to individuals pursuant to pre- , ment. vious arrangement and not to any one who may apply. t Apartment Hotel. An apartment hotel is an apart- Lot. Land occupied or to be occupied by a building ment house in which are provided dining room accommo- and accessory bulidings and including such open spaces dations for the joint use of the apartment house tenants as are required under this ordinance, and having its prin- only. cipal frontage upon a public street or officially approved Basement. A story partly under-ground, which, if Place. not occupied for living purposes by other than the jani- (Lot Corner). tor or his family,shall not be included as a story. Lot Triangular. A lot fronting on two (2) or more Boarding House. A boarding house is a building or streets at their junction said streets forming with each place wherein table board is provided to five (5) or more other an angle of'forty-five (45) degrees or more, is a individuals pursuant to previous arrangement and not to corner lot. When the angle formed by the intersecting anyone who may apply. streets is less than forty-five (45) degrees, such a lot shall Building. A structure having a roof supported by be known as a triangular lot. For the purpose of deter- y ming the percentage of lot occupancy, corner and tri- columns or walls for the shelter, support or enclosure of angular lots shall be assumed to have an area of not persons, animals, or chattels; and when separated by di- greater than five thousand (5000) square feet and a vided walls from the ground up, and without openings, frontage not greater than one hundred (100) feet on each portion of such building shall be deemed a separate either of the intersecting streets. building except as provided in Section 15. "Area Ex- ceptions." Lot, Interior. A lot other than a cornet lot or tri- angular lot. Cellar: See basement. Lot, Through. An interior lot having frontage on Community Garage. A series of private garages of two street. capacity of not more than one automobile each,'located Lot Lines. The fines bounding a lot as defined jointly on a common lot and having no public shop or herein. service in connection herewith with total capacity for not more than five (5) automobiles. Community garages Non-Conforming Use. A building or premises oc- may exceed a five (5) automobile capacity provided the cupied by a use that does not conform with the regulations lot whereon such community garages are located shall of the use District in which it is situated. contain one thousand (1000) square feet for each auto- One-Family Dwelling. A 'detached building having mobile stored. accommodations for and occupied by one family. Curb Level. The curb level is the level of the es- Place. An open unoccupied space dedicated to pur-1 tablished curb in front of the building measured at the poses of access for abutting property. center of such front. Where no curb has been estab- Private Garages. A garage with a capacity for not fished the city engineer shall establish such curb level, more than four (4) steam or motor-driven vehicles, of or its equivalent for the purpose of these regulations. which not more than one (I) may be a commercial mo- Depth of Rear Yard. The mean horizontal distance for vehicle of not more than two (2) tons capacity. between the rear line of the building and the cen- Public Garage. Any premises used for housing or ter line of the alley, where an alley exists, otherwise the care of more than four (4) steam or motor-driven ve- rear lot line. hides,or where any such vehicles are equipped for opera- Depth of Lot- The mean horizontal distance be- tion, repaired, or kept for remuneration, hire or sale; tween the front and rear lot lines. not including exhibition or show rooms for model cars. • CHAPTER 29. ZONING 249 •Private Stable. A stable with a capacity for not more 29-103. Section.3. "A" Residence District Boun- than four (4) horses. dories. "A" Residence District Boundaries shall be all of Public Stable. A stable with a capacity for more that part of the City of Salina not included in the "B" than four (4) horses. Residence District; "C" Commercial District; "D" Light Industrial District, and "E" Heavy Industrial District, as Rear Yards. An open unoccupied space (exclusive defined in the four succeeding sections hereof. of accessory buildings), on the same lot with a building between the rear line of the building and the rear line 29-103a. Changes in "A" Residence District. (For of lot,for the full width of the lot. land removed from this district and added to others, see Row House. A row of attached dwellings erected Articles 2, 3,4 and 5,this Chapter.) simultaneously and each dwelling having accommodations • for one (1) family only. 29-1036. "AX" Residence District- See Sections Set Back. The minimum horizontal distance be- 29-132 m 29-141. tween the front line of the building (exclusive of steps 29.104. Section 4. "B" Residence District Boun- and open porches) and the front property line. dories. The boundaries of "B" Residence District shall Street. A public thoroughfare more than twenty be as follows: Commencing at the intersection of Wal. (20) feet wide. nut Street with the Smoky Hill River; thence West to the Structural Alterations. Any change in the support- alley which runs north and south between Third and ing members of a building, such as bearing walls or ex- Fourth Streets; thence South to Mulberry Street; thence cepting such alterations as may be partitions, columns, West to the alley which runs north and south between beams, or girders, required for the safety of the building. Santa Fe and Fifth Street; thence South along said alley to South Street; thence West to Seventh Street; thence Tenement House. See Apartment House. North to Walnut Street; thence West to Eighth Street; Terrace. A natural or artificial earthen embank- thence North to Elm Street; thence West to Ninth ment between a building and its street front. The Street; thence North to the intersection of said Street "height of terrace" shall be the difference in elevation be- with the south line of Lot 16 on Ninth Street in Bishop's tween the average curb level and the average elevation of addition; thence West along the South line of said Lot the terrace at the building wall. and of Lot 57 and 58 on Tenth Street in said Addition Two-Family Dwelling. A building used or intended and Lot 10 on Eleventh Street in Weaver's Addition to w be used as a dwelling by not more than two families. the alley which runs North and South between Eleventh and Twelfth Streets in said Addition; then South along 29-102. Section 2. Use Districts. That for the said alley to the south line of Lot 4 on Twelfth Street in purpose of regulating and restricting the location of said Addition; thence west along the south line of Lot 4 trades and industries and the location, erection, alters- on Twelfth Street to the Southeast corner of said Lot; tion and repair of buildings erected or altered for thence West to the intersection of the West line of specified uses, and the uses of land within such specified Twelfth Street with the center' line of the alley which districts, the City of Salina is hereby divided into "Use runs east and west.along the North line of Weaver's Districts,"of which there shall be five (5) known as Addition; thence west along said alley to College Avenue; "A" Residence District thence south to Park Street; thence east to Eleventh "B" Residence District ' Street; thence south to State Street; thence west to "C"Commercial District Twelfth Street, (South of State Street); thence south "D" Light Industrial District to Iron Avenue; thence west to the center line of Twelfth "E" Heavy Industrial District Street (south of Iron Avenue) (formerly Faulkner Ave- nue); thence south to Walnut Street; thence east to the The City of Salina is herby divided into five (5) alley.which runs north and south between eleventh and Districts as aforesaid, and the boundaries of such dis- Twelfth Streets (South of Walnut Street); thence south trics are as set out in the five (5) succeeding Sections of to South Street; thence West to the alley which runs this ordinance. It shall be the duty of the City Plan- north and south between Eleventh and Twelfth Streets Bing Commission to cause to be prepared and filed with (South of South Street); thence south to Morrison Ave this ordinance a map showing such Use Districts as here- nue; thence east to the eqst line of Ninth Street; thence in created, to be designated as the "Use District Map" south to the southwest corner of Lot 2 Block 6, Beebe's and to make such changes thereon from time to time as Addition; thence east along the south line of said lot to may be required by any amendments to this ordinance. the west line of Eighth Street; thence easterly to the Except as herein provided no building shall be erected or northwest corner of Lot 2, Block 5,.Beebe's Addition; altered, nor shall any building or premises be used for thence east along the south line of Weil Place to the any purpose other than is permitted in the Use Districts northwest corner of Lot 1, Block 5, Beebe's Addition; in which such building or premises is located. thence south to the south line of Lot I, Berk's Addition; • 250 ORDINANCES OF THE CITY OF SALINA, KANSAS thence east along the south line of said lot and along Pacific Avenue; thence east to Fifth Street; thence south the south line of Lot 5 in Block 1 of the Re-Plat of to Decatur Street; thence west to point of beginning. Beebe's Second Addition to a point One Hundred Twenty Five (125) feet east of the East line of Santa Fe 29-105a Changes in and Additions to "C" Corn- Avenue; thence south parallel with the east line of Santa menial District. (For changes in and additions to this Fe Avenue to a point in the east line of Prescott Street, district, see Articles 2, 3, 4 and 5, this Chapter.) east to the intersection of said line with the easterly line, 29-106. Section 6. "0" Light Industrial District thence produced, of Lot 7, Plat "C"; thence north along Boundaries. That the boundaries of "D" Light Indus- . the easterly line of said Lot and of Lots 12, 16, and 15 trial District are as follows: Commencing at the inter- of Smith and Colvard's Addition to the Smoky Hill section of Ohio and North Streets; thence south to the River; thence down the River to the point of beginning. Smoky Hill River; thence up said River to Walnut Street; Also commencing at the point of intersection of Front thence west to the alley which runs north and south be- Street (south of Iron Avenue) near its intersection with tween Fourth and Third Streets; thence south to Mul. Walnut Street with the Smoky Hill River; thence down berry Street; thence west to alley which runs north and said River to Front Street (North of Iron Avenue) near south between Santa Fe Avenue and Fifth Street; thence its intersection with Ash Street; thence south to place of north to Ash Street; thence west to Eighth Street; thence beginning. Also commencing at the point of intersection north to Elm Street; thence west to Ninth Street; thence of Eighth Street and Decatur Street; thence north along north to Bishop Street; thence west to the alley which , Eighth Street to Harsh Avenue; thence east to Fourth runs north and south between Thirteenth Street and Street; thence south to Pacific Avenue; thence east to Phillips Street; thence south to the alley which runs east Front Street; thence south to Woodland Avenue; thence and west along the north line of Weaver's Addition; west to Fifth Street; thence north to Pacific Avenue; thence west to College Avenue; thence south to Park thence west to Seventh Street; thence south to Decatur Street; thence west to Dry Creek; thence northwesterly Street; thence north to point of beginning. Also all of down Dry Creek to the right-of-way of the Union Pacific block 11,Riverside Park Addition. Railroad; thence,northeasterly along said right-of-way to Chicago Avenue, in Chicago Addition; thence north to 29-104a. Changes in "B" Residence District. (For changes in or additions to this district, see Articles 2, 3, Dry Creek; thence northerly along said Creek to North 4 and 5, this Chapter.) Street; thence east to the west line of North Park Addl- . tion; thence north to Lincoln Street; thence east to Ninth 29-1046. Class "B" Emergency Zone. See Sections Street; thence north to Decatur Street; thence east to 29-142 to 29-149. Fifth Street; thence south to Lincoln Street (formerly Pacific Street) thence east to Fourth Street; thence south 29-105. Section 5. "C" Commercial District Boun- to Pine Street; thence east to the intersection of said dories. That the boundaries of the "C" Commercial street with the southerly line of the right-of-way of the District shall be as follows: Commencing at the inter- Missouri Pacific Railroad at a point near the east side of section of Eighth and Ash Streets; thence east to the Front Street; thence easterly along the southerly line of alley which runs north and south between Santa Fe and Fifth Streets; thence south along said alley m South said right-of-way to the intersection of said line with the Street; thence west to Seventh Street; thence north to center line of North Street-, thence east to point of Walnut Street; thence west to Eighth Street; thence north. beginning. Also commencing at the intersection of Fifth to place of beginning. Also commencing at the inter- Street and Woodland Avenue; thence east to Front section of Bishop and Ninth Streets; thence south to the Street; thence south to Forest Avenue; thence west w south line of Lot 16 on Ninth Street in Bishop's Addi- Fifth Street; thence north to point of beginning. tion; thence west along the south line of said lot and the 29-106a. Changes in "D" Light Industrial District. south lines of Lots 57 and 58 on Tenth Street in Bishop's (For changes in and additions to this District, see Articles Addition and Lot 10 on Eleventh Street in Weaver's 2, 3 4 and 5,this Chapter.) Addition to the alley which runs north and south between Eleventh and Twelfth Streets, thence south to the south 29-107. Section 7. "E" Heavy Industrial District line of Lot 4 on Twelfth Street in Weaver's Addition; Boundaries. The boundaries of the "E" Heavy Indus- then west along the south line of said Lot and along the trial District are as follows: Commencing at the inter- south line of the alley which runs east and west on the section of Fifth Street and Forest Avenue; thence east north side of Weaver's Addition to the alley which runs to Front Street; thence south to the south line of the north and south between Thirteenth and Phillips Streets right-of-way of the Union Pacific Railroad; thence easter. in Weaver's Second Addition; thence north along said ly along said line to Ohio Avenue; thence south to the alley to Bishop Street; thence easterly along Bishop Street north line of the right-of-way of the Missouri Pacific to point of beginning. Also commencing at the inter- Railroad; thence westerly along said line to the inter- section of Decatur and Seventh Streets; thence north to section of said line with the center line of North Street; • • • CHAPTER 29. ZONING 251 thence south to the southerly line of the right-of-way of I1. Institutions of a philanthropic or eleemosynary said railroad; thence westerly to the intersection of said nature. line with the south line of Pine Street at a point near 12. Accessory buildings incidental to the above uses the east line of Front Street; thence west to Fourth and located on the same lot, not involving the conduct Street; thence north to Lincoln Avenue (formerly Pacific of a retail business. Street)y thence west to Fifth Street; thence north to point of beginning. Also commencing at the inter- 29-109a. Advertising Signs in "A" and "B" Resi- dente Districts. That no advertising sign, billboard, or section of Chicago Avenue in Chicago Addition, with Dry Creek; thence south to the right-of-way of the Union any name plate, exceeding one square foot in area, except Pacific Railroad; thence westerly along said line to Dry signs not exceeding 8 square feet in area which apper- Creek; then down Dry Creek to point of beginning. taro to the lease, hire or sale of a building or premises upon which such sign is situated; and except signs now 29-107a. Additions to "E" Heavy Industrial District. in use upon business or commercial buildings in the "A" (For additions to this district,see,Article 5, this Chapter.) or "B" Residence Districts which were in existence at the 29-108. Section 8. "A" Residence District Uses. time of the adoption of Ordinance No. 3188. shall be per- That in the "A" Residence District as defined by Section mitted in any part of the "A" or "B" Residence Districts Two hereof, no building or premises shall be used, and as defined in said Ordinance No. 3188, or in said ordi- no building shall be hereafter erected or altered, unless nance as now or hereafter amended and any person who otherwse provided in this ordinance, except for one or shall erect or maintain or permit the erection or main- more of the following uses: tenance of any such sign, billboard or any name plate, 1. One Family Dwellings. contrary to the provisions of this ordinance shall be 2. Two Family Dwellings. deemed guilty of a misdemeanor, shall be subject to the 3. Churches and Temples. same penalty as provided in Section 27 (See 29-127) of said Ordinance No. 3188. (Sec. 4, Ord. 3576, 7.21-28). 4. Libraries. 5. Farming and Truck Gardening. 29-110. Section 10. "C" Commercial District Uses. 6. Schools and Colleges. That in the "C" Commercial District, as defined by Sec- non Two of this ordinance, all buildings and premises 7. Accessory buildings incidental to the above uses and located on the same lot (not involving the conduct except as otherwise provided in the ordinance, may be of.a retail business) including one (1) private garage, used for any use permitted in the "B" Residence Uis- private stable or community garage when located not tract or for any other use except the following: less than fifty (50) feet from the front lot line or in a I.. .Bakery (employing more than five (5) persons). fireproof compartment as a part of the main building, 2. Blacksmith or hurseshoeing shop. and including also home occupations engaged in by 3. Bottling works. the occupants of a dwelling not involving the conduct 4. Building material storage yards. of a retail business on the premises, and including the , office of a physician, surgeon, dentist, musician or artist 5. Carting,express,hauling or storage yard. when situated in the same dwelling used by such physi- 6. Contractor's plant or storage yard (except during cian, surgeon, dentist, musician or artist as his or her construction of any building within three hundred (300) private dwelling. feet. • 29-109. Section 9. "B" Residence District Uses. 7. Coal, coke or wood yard. That in the "B" Residence District, as defined in the 8. Cooperage yards. terms of Section Two of this-ordinance, no building or 9. Dyeing and cleaning works (employing more premises shall be used and no building shall be hereafter than five (5) persons). erected or altered unless otherwise provided in this ordi- 10. Ice plant or storage houses of more than five nance,except for one or more of the following uses. (5) tons capacity. 1. Any use permitted in the "A" Residence District. 11. Laundry (employing more than five (5) persons). 2. Apartment Houses. 12. Livery stable.• 3. Group Houses. 13. Lumber yard. 4. Row Houses. 14. Machine shop (employing more than five (5) 5. Hotels. persons). • 6. Private Clubs and Fraternity Houses. 15. Milk distributing stations. 7. Boarding and Lodging Houses. 16. Stone yard or monumental works. • 8. Boathouses. 17. Storage warehouses. 9. Hospitals. 18. Storage, wholesale, or petroleum or products 10. Nurseries and Greenhouses. - thereof. • 252 ,ORDINANCES OF THE CITY OF SALINA, KANSAS 19. Storage or curing of leather, raw hides or skins. 6. Asphalt manufacture, refining or paving mix- 20. All uses excluded from the "D" Light Industrial ture plants. District. 7. Blast furnaces. 21. Any kind of manufacture or treatment other than 8. Boiler works. the manufacture or treatment of products clearly inci- 9. Brick, tile or terra coca manufacture. dental to the conduct of a retail business conducted on 10. Candle manufacture. the premises. Il. Celluloid manufacture. 22. A public garage may be established or erected in 12. Coke ovens. a commercial district if, when the permit is issued, 13. Crematory. there are on file with the Building Inspector, the written 14. Creosote treatment or manufacture. consents of the owners of seventy-five per cent (75%) 15. Disinfectants manufacture. of all the property within a radius of two hundred 16. Distillation of bones, coal or wood. (200) feet of the proposed establishment, PROVIDED 17. Dyestuff manufacture. that this provision shall not apply to an automobile 18. Exterminator and insect poison manufacture. show or sales room for model cars wherein less than 19. Emery cloth and sand paper manufacture. one-half the floor space is used for. the repair or stor- 20. Fat rendering. age of automobiles which is incidental to the sales de- 21. Fertilizer manufacture. partment, PROVIDED, further, that no public garage 22. Fish smoking and curing. shall have an entrance for motor vehicles within two 23. Forge plant. hundred (200) feet of an entrance or exit of a public 24. Gas (Illuminating or heating) manufacture. or private school, playground, public library, church, 25. Glue, size or gelatine manufacture. hospital, children's or old .people's home. 26. Gunpowder manufacture or storage. 27. Fireworks or explosive manufacture or storage. 29-110a. Monument Business in Part of "C" Com- 28. Incineration or reduction of garbage, dead ani- mercial District; Restrictions. That Ordinance No. mals, offal or refuse. 3188 'of the City of Salina, be amended by permitting 29. Iron, steel, brass or copper mills. the erection on Lot 3 and 4, Block 4, in Evergreen Park 30. Lamp black manufacture. Addition to the City of Salina now located in the "C" 3I. Mills, alfalfa. Commercial District of an office building and studio 32. Oil cloth or linoleum manufacture. or work room for the purpose of conducting a monu- 33. Preparation or treatment of oiled, rubber, or • went business therein and on said lots including the leather goods in their raw state. business of coloring, carving and selling monuments 34. Ore reduction. under such conditions and regulations as the Board of 35. Paint, oil, shellac, turpentine or varnish manu- Commissioners of said city may heeeafter prescribe facture. and provided that before any building for such purpose 36. Paper and pulp manufacture. is erected, reconstructed or used on such lots, the plans 37. Petroleum refining. therefor •including the set-back and landscaping shall 38. Plating works. be submitted to and approved by the Board of Com- 39. Potash works. missioners of said city and that all improvements and 40. Printing ink manufacture. construction used on such lots for such purpose shall 41. Pyrolin manufacture. be in accordance with the plans so approved. (Sec. 42. Round house. - • 1, Ord. 4641, 5-23-36). 43. Rock crusher. 29-I11. Section 11. "D" Light Industrial Die- 44. Rubber or gutta percha manufacture or treat- trict Uses. That in the "D" Light Industrial Districts meet. • as defined and fixed by the terms of Section Two hereof, 45. Salt works. all buildings and premises except as otherwise provided 46. Sauerkraut manufacture. in this ordinance may be used for any use permitted 47. Sausage manufacture. in the "C" Commercial District or for any other use 48. Shoe blacking manufacture. except the following: 49. Smelters. 1. Abbatoirs. 50. Soap manufacture. 2. Acetylene gas manufacture. 5I.. Soda and compound manufacture. 3. Acid Manufacture. 52. Stockyards. 4. Ammonia. bleaching powder or chlorine manu- 53. Stone mill or quarry. facture. - 54. Storage or baling of scrap paper, iron, bottle, 5. Arsenal. rags or junk. • • CHAPTER 29. ZONING 253 •55. Stove polish, manufacture. of such parcel of ground for a distance of not greater 56. Sulphuric, nitric or hydrochloric acid manufac- than twenty-five (25) feet. The Board of City Corn- ture. missioners may authorize in a 'residence district, for a 57. Tallow, grease or lard manufacture or refining, period of not more than two (2) years from the date of such permit, a temporary building for commerce or 58. Tanning of leather, rawhides or skins. 59. Tar distillation, manufacture or paving mixture industry incidental to the residential development, plants. PROVIDED, however, that such permit shall not be renewed. A structure or premises may be erected or 60. Tar roofing or water proofing manufacture. used in any location by a public service corporation 61. Tobacco (chewing) manufacture or treatment. or for public utility purposes which the Board of City 62. Vinegar manufacture. Commissioners deems reasonably necessary for the public 63. Wool pulling or scouring. convenience and welfare. The Board of City 64. Yeast plant. Commissioners may grant a permit for the enlargement 65. And in general those uses which have been of existing building or buildings, or erection on the declared a nuisance in any court of record, or which same lot or plot of ground of.additional buildings for may be noxious or offensive by reason of the emission a trade, business or industry located in a district re- or odor, dust, smoke, gas or noise; Provided, however, stricted against its use, where such enlargement or ex- nothing herein shall be construed to prohibit the erec- pansion of such trade, business or industry will not be tion or maintenance of an industrial use permitted by detrimental to or tend to alter the character of the this section which shall have not more than twenty- neighborhood. five (25) per cent of the floor area devoted to a pro- hibited use which is clearly and customarily incidental 29-114. 'Section 14. Area Districts. That in order to regulate and determine the area of yards and to the primary use. other open spaces surrounding buildings which may here- 29-112. Section 12. "E" Heavy Industrial Dis- after be erected or altered, the City of Salina is hereby trict Uses. That in the "E" Heavy Industrial District, divided into districts of which there shall be four (4) as defined and fixed by the terms of Section Two hereof,, known as: buildings and premises may be used for any purpose "A" Area District. whatsoever, provided the provisions of the present or "B" Area District. hereafter adopted ordinance' of. the City of• Salina, "C Area District. regulating the location or maintenance of nuisances, "D" Area District. are complied with. The City of Salina is hereby divided into four (4) • districts as aforesaid and the boundaries of such dis- 29-113. Section 13 Existing Use; Alteration; Res- tricts are as set forth in the four (4) succeeding para- toration. That this ordinance shall not apply to ex- graphs of this ordinance. It shall be the duty of the isting structures nor to the existing use of any building, City Planning Commission to cause to be prepared but shall apply to any alteration of a building to provide and filed with this ordinance a map showing such Area for its use for a purpose, or in any manner different Districts as herein created and to make such changes frcm the use to which it was put before alteration, pro- thereon from time to time as may be required by amend- vided that this ordinance shall not be construed to ments to this ordinance, the same to be designated as the • prevent, the restoration of a building damaged not "Area District Map." No new building shall be more than fifty (50) per cent of its assessed valuation erected, nor shall an existing building be altered, en- by fire, explosion, act of God, or the public enemy, larged or rebuilt, nor shall any open spaces surround- or prevent the continuance of the use of such build- ing any building be encroached upon or reduced in ing, or part thereof, as such use existed at the time of any manner, except in conformity with the regulations such damage; nor shall the same be construed to pre- hereby established for the district in which such build- . vent a change of such existing use under higher classi- ing is located. fication as herein provided. And no building which • has been damaged as above provided to the extent of 29-115. Section 15. "A" Area District Boun- more than fifty,(50) per cent of its assessed valuation daries. "A" Area District shall comprise all of that shall be re-built or repaired except in conformity with portion of the City of Salina, Kansas, not included in the B, C, and D Area Districts hereinafter provided the regulations contained in this ordinance. When the boundary line of any use district divides a lot in for. single ownership at the time of the adoption of this 29-116. Section 16. "B" Area District Boun- ordinance, nothing herein shall be construed to pre- daries. The boundaries of "B" Area District are as vent the extension of the use existing on either portion follows: All that portion of the City of Salina lying • 254 ORDINANCES OF THE CITY OF SALINA, KANSAS north of the following line; commencing at the inter- Street in Weaver's Addition; thence west along the section of Woodland Avenue and Front Street; thence south line of said lot and along the south line of the west to Fifth Street; thence north to Pacific Avenue; alley which runs east and west along the North side of thence West to Seventh Street; thence south to Decatur Weaver's Addition to College Avenue; thence south to Street; thence north to Ninth Street; thence south to Park Street; thence west to the point of beginning. Lincoln Avenue; thence west to the west line of North Also all that territory west of Front Street between Wal- Park Addition being the westerly limits of the City of nut and Ash Streets; and east of the Smoky Hill River Salina. Also commencing at the intersection of Park between such points. Street and Dry Creek; thence westerly up Dry Creek to 29-117. Section 17. "C" and "D" Area District State Street; thence west to the northwest corner of Boundaries. The boundaries of "C" Area District and Leavenworth Addition; thence south to the southwest "D" Area District shall, until this ordinance shall be corner of Leavenworth Addition; thence east to the further amended. be identical and such Area District right-of-way of the Missouri Pacific Railroad; thence shall comprise all of the land now within the three Use north along said line to its intersection with the alley Districts herein designated as "C" Commercial District, which runs east and west between Park Street and Ash and "D" Light Industrial District and "E" Heavy In- Street; thence east along said alley to College Avenue; dustrial District. thence north to Park Street; thence east to Eleventh • Street; thence north to State Street; thence west to 29-117a. Additions to "C" Area District. (For addi- Twelfth Street (south of State Street); thence south to dons to this district see 29-202 and 29-313). Iron Avenue; thence west to Twelfth Street (formerly 29-118. Section 18. "A" Area District. In the Faulkner Street); thence south to Walnut Street; "A" Area District, the minimum dimensions of yards thence east to she'alley which runs north and south be- and the minimum lot area per family shall be as fol- tween Eleventh and Twelfth Streets (South of Walnut lows: . . Street); thence south to South Street; thence west to the Rear Yard: There shall be a rear yard having a alley which runs north and south between Eleventh and depth of not less than twenty (20) feet. Twelfth Streets (south of South Street); thence south to Side Yard: There shall be a side yard on each side Morrison Avenue; thence east to east line of Ninth Sneer, thence south to southwest corner of Lot of the lot of not less than six (6) feet in width, PRO- 2, Block 6, Beebe's Addition; thence east to the VIDED, however, that on a lot of record at the time of west line of Eighth Street; thence easterly to the adoption of this ordinance. having a width of less the northwest corner of Lot 2, Block 5, Beebe's Addi- than forty (40) feet and held under a distinct owner- tion; thence east along south line of Weil Place to ship from adjacent lots, the width of each side yard shall northwest corner of Lot I, Block 5, Beebe's Addition; not be less than three (3) feet. thence south to South line of Lot I, Berk's Addition; Setback. Where eighty (80) per cent of all the thence east along the south line of said lot and along buildings fronting on one side of a street between two the south line of Lot 5, Block 1, Replat of Beebe's Sec- intersecting streets have observed a minimum setback and Addition, to a point one hundred twenty five (125) line from the street line, no building hereafter erected feet east of the east line of Santa Fe Avenue; thence or altered shall project beyond the setback line so es- south to the north line of Prescott Avenue; thence tablished, PROVIDED, however, no building shall be cast to the southeast corner of Lot 7, Plat "C"; thence required to set back a distance greater than forty (40) north along the southerly lines of said Lot and of Lots feet from the street line in complying with this regula- 12, 16 and 15 of Smith and Colvard's Addition to the 41on. and PROVIDED, further that this regulation shall Smoky Hill River; thence down said River to Walnut not be interpreted as m reduce the buildable width of a corner lot facing an intersecting street of record at Street; thence west to Fourth Street; thence south to the time of the adoption of this ordinance, to less than Mulberry Street; thence west to Fifth Street; thence thirty (30) feet. Where there are no buildings on one south to South Street; thence west to Seventh Street; side of a street between two intersecting streets, there thence north to Walnut Street; thence west to Eighth shall be a minimum setback of at least twenty (20) feet. Street; thence north to Elm Street; thence west to Ninth Lot Area per Family. In the "A" Area District no Street; thence north to the southeast corner of Lot 15 dwelling shall be hereafter erected or altered to accom- on Ninth Street in Bishop's Addition; thence west along modate or make provisions for more than one family the south line of said lot and of Lots 57 and 58 on on each three thousand five hundred (3,500) square Tenth Street in said addition and Lot 10 on Eleventh feet of Jot area, PROVIDED, however this regulation Street in Weaver's Addition to the alley which runs shall not prohibit the erection of a building on a lot of north and south between Eleventh and Twelfth Streets; record at the time of the adoption of this ordinance, thence south to the southeast corner of Lot 4 on Twelfth held under a distinct ownership from adjacent lots. • • CHAPTER 29. ZONING 255 29-119. Section 19. "B" Area District. In the street between two intersecting streets have.observed a "B" Area District, the minimum dimensions of yards minimum setback line from the street line, no building and the minimum lot area per family shall be as follows: hereafter erected or altered shall project beyond the Rear Yard: There shall be a rear yard having a ,setback tic so established. PROVIDED, however, no depth of not less than twenty (20) feet. building shall be required to set back a distance greater Side Yard: There shall be a side yard on each side than forty(40) feet from the street line in complying of the lot of not less than five (5) feet. with this regulation, and PROVIDED, further, that this regulation shall not be interpreted as to reduce the Sotback: Where eighty (80) per cent of all the buildable width of a corner lot facing an intersecting buildings fronting on one side of a street between two street, of record at the time of the adoption of this intersecting streets have observed a minimum setback ordinence, to less than thirty (30) feet. Where there are line from the street line, no building hereafter erected or in buildings on one side of a street between two inter- altered shall project beyond the setback line so estab sewing streets there shall be a minimum setback of at fished, PROVIDED, however, no building shall be re- least twenty (20) feet. • quired to sat back a distance greater than forty (40) feet from the street line in complying with this regulation. Lot Area per Family: In the "C" Area District every building'hereafter erected or altered shall provide and PROVIDED, further that this regulation shall not be interpreted as to reduce ,the buildable width of a a lot area of not less than five hundred and eighty (580) corner.lot facing an intersecting street, of record at the square feet per family. time of the adoption of this ordinance, to less than thirty 29-121. Section 21. "D" Area District. In the (30) feet. "D" Area District buildings may occupy the entire area Lot Area per Family: Every building hereafter of lots when used entirely for commercial or industrial erected or altered shall provide a lot area of not less Purposes. All buildings or parts of buildings used for than one thousand one hundred and sixty (1,160) square residential purposes shall comply with the area regu- feet per family. lations of the "C" Area District. 29-119a. Special Setback in Part of "B" Residence 29-122. Section 22. Area District Exceptions. District. That in that part of the "B" Residence District That the foregoing requirements in the area 'districts which is located within the block bounded by Santa Fe shall be subject to the following exceptions and regu- Avenue. Fifth Street, South Street and Prescott Avenue, lations: a setback line of thirty (30) feet from the property line First: For the purpose of the area regulations, a on Santa Fe Avenue snd twenty (20) feet from the pro- semi-detached dwelling, group house, row house in the perty line on Fifth Street be and the same is hereby es- "B" Residence District may be considered as one build- tablished. (Sec. 2, Ord. 4247, 4.9-33). ing and occupying one lot. 29-1196. Apartment Lot Area in "B" Residence Second: For purposes of the area regulations a District. That in apartment buildings, erected in the commercial building in the "A" and "B" Area District, "B" Residence District a lot area per family be and the the Board of Commissioners may waive the requirements same is hereby fixed at 1,000 sq. ft. per family for each for side yards and rear yards,,but if a side yard is pro- floor of any such building, and that in apartment build- vided it shall have a minimum width as required, PRO- ings of the court type the rear yard area requirements VIDED, however, that, where one hundred (100) per provided for in Ordinance No. 3188 shall not apply. cent of the front feet in any block is zoned, (Commercial (Sec. 3, Ord. 4247. 4-9-33). "C" Use), the setback requirements may be waived by the Board of City Commissioners for commercial build- 29-120. Section 20. "C" Area District. In the ;rigs. Area District the minimum lot area per family in Third: In computing the depth of a rear yard or buildings used for dwelling purposes shall be as follows: the width of a side yard for any building where such Rear Yard: There shall be a rear yard of not less yard opens into an alley or street, one-half (t/z) of such than ten (10) feet on corner lots and not less than fif- alley or street may be assumed to be a portion of the teen (15) feet on interior lots. yard. Side Yard: Buildings used for residential purposes Fourth: Every part of a required yard shall be shall have a side yard on each side of the lot of not less open from its lowest point to the sky unobstructed, than five (5) feet. In commercial or industrial district,. except for the ordinary projection of sky-line above the a side yard, if provided, shall be not less than five (5) bottom of such yard, and except for the projection of feet. sills, bolt courses, cornices and ornamental features. Setback: In a residential use district where eighty (80) Fifth: Open or lattice enclosed fire escapes, fire. per cent of all the buildings fronting on one side of the proof outside stairways and balconies opening into fire • 256 ORDINANCES OF THE CITY OF SALINA, KANSAS towers, projecting into a yard not more than five (5) fere with or abrogate or annul any ordinance, rules, feet, and the ordinary projections of chimneys and flues, regulations, or permits previously adopted or issued may be permitted by the Building Inspector where same and not in conflict with any of the provisions of this arc so placed as not to obstruct the-light and ventilation. ordinance or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises, nor 29-123. Section 23. Certificate of Occupancy and is it intended by this ordinance to interfere with or Compliance. The existing character of the use and abrogate or annul any easements, covenants, or other occupancy of premises shall not be changed nor shall agreements between g parties, provided, however, that any building, the use of which is proposed to be altered where this ordinance imposes a greater restriction upon or changed be hereafter erected or altered. until a ter- the use of buildings or premises or requires larger open tificate shall have been issued by the Building Inspector, spaces than one imposed or required by such ordinance, stating that the proposed use of such building or prem- rules, regulations or permits, or by.easements, covenants, ises complies with all of the building and health ordi- or agreements, the provisions of this ordinance shall nances of the City of Salina and with the provisions control. The area and use of all buildings now under of this ordinance. Certificates of occupancy and corn- construction and which were actually under construction pliance shall be applied for co-incident with the/appli- in pursuance to.a lawful building permit, prior to 'the • cation for a building permit and shall be issued,within date of the first reading of this ordinance, or under a ten (10) days after the erection or alteration of such building permit issued by the Building Inspector pre- . buildings shall have been completed, in conformity vious to the date of adoption of this ordinance, shall with the provisions and of these regulations. A record be unaffected by the provisions of this ordinance, pro- of all certificates shall be kept on file in the office of vided however, (one) that any building may be altered the Building Inspector and copies shall be furnished, to the extent of not more than fifty per cent of its strut- on request, to any person having a proprietary or ten- rural value and (two) that any such building destroyed ancy interest in the building affected. No fee shall be vy Aire or other calamity, or for any reason whatsoever charged for an original certificate applied for co-incident reconstructed or re-erected, shalt conform to the area with the application for a building permit; for all other and use restrictions for the district in which such build- certificates or for copies of any original certificates there ing is located, as shown on the maps accompanying and shall be a charge of one (1) dollar for each copy there- made a part of this ordinance. or those maps duly of. No permit for excavation for or the erection of any amended, wherever in this ordinance any street, avenue, building shall be issued before the application has been alley, river, creek, or railroad right-of-way is referred made fora certificate of occupancy and compliance. No to as a boundary of any district, the center line thereof building or premises may be occupied until such cer- is meant unless otherwise described, except where either tificate shall have been issued. side line thereof is necessary to make proper connec- 29-124. Section 24. Plats. All applications for non with any point or line referred to in the description building permits shall be accompanied by a plat in dup- of such boundary, in which case line necessary for atom- licate'drawn to scale, showing the actual dimensions of plete description is deemed to be referred to; and where the lot to be built upon, the size of the building-to be any boundary is completed by use of lot or block lines,the erected, and such other information as may be necessary description thereof shall be deemed to include any ex[en- to provide for the enforcement of these regulations. A Sion of any such line, across any street, alley, right-of- way, river or creek, or part thereof as may be necessary careful record of such applications and plats shall be kept in the office of the Building Inspector. At the time to make a complete and unbroken boundary. application is' made for the building permit, the lot '29-126. Section 26. Additions to the City Limits. corners of the lot to be built upon must be established Whenever any territory is added to the city limits of on the ground to the satisfaction of the Building In- the City of Salina such added territory shall be deemed Spector. No yard or other open space provided about to be within the district which it adjoined prior to such any building for the purpose of complying with the inclusion, unless it adjoins two or more of such districts,. provisions of these regulations shall again be used as in which case the City Planning Commission shall make a yard or other open spaces for another building. their recommendation to the governing body of the City 29-125. Section 25. Interpretation and Purposes. as to the district or districts to which it is to be attached, In the interpreting and applying the provisions of this and the governing body in any ordinance providing for ordinance, they shall be held to be the minimum re- !t-, addition to the City shall designate the districts in quirements for the promotion of the public safety, which it is to be included. health, convenience. comfort, prosperity, general wel- 29-127. Section 27. Violation; Penalty. Any fate, and the preservation of personal and property person, firm or corporation who shall violate, neglect or rights. It is not intended by this ordinance to inter- refuse to comply with or who shall maintain, use or con- • CHAPTER 29. ZONING 257 struct any building or premises in violation of any of "AX"RESIDENCE DISTRICT the provisions of this ordinance shall, upon due con- ORDINANCE NO. 4984 viction, be fined in any sum,not exceeding Five Hundred AN ORDINANCE amending Ordinance No. 3188 ($500) Dollars for each offense and each day that a being an ordinance dividing the City of Salina, Kansas, violation is permitted, caused or continued to exist shall into zones or districts and for other purposes by creating constitute a separate offense, and in addition to the above a new use zone or district to be known as the "AX" penalty such actions at law or suits in equity may be Residence District and defining the limits thereof and maintained by the City of Salina or any interested per- restricting and regulating the use of property located in sons, as may be authorized by law. such district. 29-128. Section -28. Validity. Should any sed- BE-IT ORDAINED by the Board of Commissioners of Lions, clause, or provisions of this ordinance be declared the City of Salina, Kansas: by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance 29-132. Section 1. That Ordinance No. 3188 of as a whole or any part thereof, other than the part so the City of Salina, Kansas, be and the same is hereby declared to be invalid. amended by adding thereto certain sections as herein- after set forth. 29-129. Section 29. Changes and Amendments. 29-133, Section 2. That for the purpose of regu- amend,Board of Commissioners may, from time to time, amend, supplement, or.change the boundaries or regu- tfaring and restricting the location of trades and indus- lations contained, prescribed, and set forth in-this ordi- ' ies and the location, erection, alteration and repair of buildings erected or altered for specified uses, and the nance; provided such proposed change first be submitted uses of land within the specified district referred to in to the City Planning Commission for its recommends- tion and report, and PROVIDED further, that less this ordinance, there is hereby created in addition to the use district specified in Section 2 of Ordinance No. 3188, than thirty (30) days notice of such proposed change shall first be published in the official paper of the City use district to be known as the "AX" Residence District. of Salina, and a hearing be granted to any person in- 29-134. Section 3. That the territory to be in- terested, at a time or place specified in said notice. If, eluded in the "AX" Residence District as created by however, a protest against such amendment, supplement, this ordinance shall be comprised of the territory now or change be presented, duly signed and acknowledged ,known and described as Country Club Heights, an addi- by the owners of twenty (20) per cent or more of any non in the City of Salina, Kansas, except Lot 6, Block frontage proposed to be altered, or by the owners of 1, in said addition, all as shown by the recorded plat of twenty (20) per cent of the frontage immediately in the said addition. rear thereof, or by the owners of twenty (20) per cent 29-135. Section 4. That in the "AX" Residence of the frontage directly opposite a frontage proposed to District as referred to and defined in this ordinance no Ica altered, such amendment shall not be passed except by building or premises shall be used and no building shall at least four-fifths (4/5ths) of the Board of Commis- be hereafter erected or altered except for use as a one- sioners. family dwelling and accessory buildings incidental to 29-130. Section 30. Conflicting Provisions Repealed. such use and located on the same lot. All ordinances or parts of ordinances in conflict with 29-136. Section 5. In the "AX" Residence District any of the provisions of this ordinance are hereby re- as defined and provided for in this ordinance all build- pealed. ings hereafter erected shall observe the same set back 29-131. Section 31. When Effective. This ordi- line from any street which abuts upon or is adjacent to any lot on which such building is erected as shall have nance shall be effective from and after its passage official City paper, been observed by any building erected prior thereto and due publication once in the o facing upon such street in the same block, and if there according to law. shall be no ocher house facing on the same street in the •Introduced for first reading, November 2nd, 1925. same block then the set back for any building so erected and the location of the same on such lot, including any Passed and approved, November 23rd, 1925. accessory buildings, shall be the same as that fixed and J. S. HARGETT, designated by the recorded plat of said Country Club Mayor Heights Addition. (SEAL) 29-137. Section 6. That except to such extent as Attest: Chas. E. Banker, City Clerk the same may be specifically in conflict with any of the Published Dec. 1, 1925. provisions of this ordinance, the restrictions and con- 258 ORDINANCES OF THE CITY OF SALINA, KANSAS • ditions set forth in a certain agreement, dated March 13, CLASS "B" EMERGENCY ZONE 1926, and entered into between the Salina Country Club ORDINANCE NUMBER 5186 Development Company and other persons and which is recorded in the office of the Register of Deeds of AN ORDINANCE amending Ordinance Number Saline County, Kansas, in Book "T" of Contracts, Page 3188 of the City Of Salina, and creating, regulating and 514, and each of such conditions and restrictions as set restricting a temporary zone and regulating and re- forth in paragraphs numbered 1 to 15 inclusive of said stricting the location, erection, alteration and repair of agreement, shall apply to and govern the use of the pro- buildings designed for the specified use; and regulating petty located in the said "AX" Residence District as and restricting the use of land with said temporary zone, • herein defined and provided for, and said restrictions and establishing regulations relating thereto, and tern- and conditions as set forth in said paragraphs or sec- porarily excluding certain land from Class "A" Resi- rions numbered 1 to 15 inclusive of said agreement are dential District as defined by Ordinance Number 3188, made a part of this ordinance by reference and included and including said land in said temporary zone, and herein to the same extent as if set forth at length in this prescribing a penalty for the violation of its terms. ordinance. WHEREAS, pursuant to the provisions of Ordinance Number 3188 and the laws of the State of Kansas, the 29-138. Section 7. The provisions of Section 27 Kansas Wesleyan University, a Corporation, petitioned of Ordinance No: 3188 relating to penalties for the the Board of Commissioners of the City of Salina to violation of said ordinance shall apply to and govern create a Class "B" Emergency Zone, and any violation of the provisions of this ordinance or to WHEREAS, said petition was referred to and favor- the neglect or refusal to comply with the provisions ably approved by the City Planning and Zoning Com- hereof, or to,the use of any premises in violation of the mission and submitted to the Board of Commissioners provisions of this ordinance. and said Board approved the recommendation of said 29-139. Section 8. To such extent as the same City Planning and Zoning Commission, and ordered the may be applicable all of the provisions of Ordinance City Clerk to give a thirty (30) day notice to the public No. 3188 df the City of Salina are hereby made to apply of the petition to create a new zone and of intent to to the "AX" Residence District as hereby created with Place certain lands therein; and the same'effect as if the "AX" Residence District had WHEREAS, said notice was duly published as re- been specifically included as one of the districts created quired by law and proof of publication thereof duly by Section 2 of said Ordinance No. 3188, and except to filed in the office of the City Clerk; and such extent that the provisions of said Ordinance No. WHEREAS, said hearing was duly held as by ordi- 3188 may specifically conflict with the provisions of this- Hance and law provided; . ordinance. NOW THEREFORE, BE IT ORDAINED by the 29-140. Section 9. If any section, clause, sentence Board of Commissioners of the City of Salina, Kansas: . or provision of the ordinance shall be adjudged or decreed by the final judgment of any court of competent 29-142. Section 1. That for the purpose of regu- jurisdiction to be invalid, the same shall not affect the lacing and restricting the location of trades and the validity of this ordinance as a whole or of any other location, erection, alteration and repair of buildings section, clause, sentence or provision thereof, it being erected, altered or repaired for specified uses and the use the intention of the Board of Commissioners in passing 'of the land in the specified district, a temporary "Use this ordinance to adopt every section, clause, sentence District", hereby denominated "Class B. Emergency Dis- or provision hereof independently of every other sec- trict", is hereby created. lion, clause,sentence or provision of this ordinance. 29-143. Section 2. That Lots 7, 9, 11, 13, 15, 17 29-141. Section 10. This ordinance shall take ef- and 19 on Kirwin Avenue in the Grounds of the Kansas feet and be in force from and after its publication in Wesleyan University are hereby temporarily excluded the official city paper. from the Class "A" Residential District, subject to all Introduced, November 18, 1940 the limitations of this ordinance, and said land is hereby temporarily included in the'Class "B" Emergency Dis- Passed, December 23, 1940 trict", subject to the limitations and restrictions of this Published, December 27, 1940 ordinance and such regulations as may be hereafter ED MORGENSTERN provided for. Mayor 29-144. Section 3. That the land included in Class Attest: CHAS. E. BANKER "B" Emergency District by. Section 2 hereof and any City Clerk land hereafter included in said district shall revert to CHAPTER 29. ZONING 259 and become a part of Class "A" Residential District as once in the official City paper, acording to law. defined by Section 8 of Ordinance Number 3188 on Introduced September 23, 1946 September 1, 1951, and shall thereupon be subject to Passed September 30, 1946 all the limitations and restrictions for such district under the terms of said Ordinance Number 3188 and all Published October 2, 1946 amendments thereto. LLOYD W. PRICE . Mayor 29.145. Section 4. That in the Class "B" Emer- (SEAL) gency District as defined and regulated by all the pro- Attest: visions hereof, temporary, emergency, multiple, frame CHAS E. BANKER dwellings may be erected. City Clerk 29-146. Section 5. That as a condition precedent ARTICLE 2. Additions to "B" Residence District to the erection, alteration or repair of temporary, emer- gency, multiple frame dwellings, the owner of land in . 29-201. That the following described territory in the said temporary use district shall apply for a build- the City of Salina. to-wit: Lou 9, 10, and 1!, Block 1 ing permit as by ordinance provided and shall submit in Fruitland Addition, to be and the same are hereby a satisfactory corporate surety bond conditioned to the added to the "B" Residence District as defined in Sec- City of Salina in the sum of Six Thousand.($6,000.00) tion-4 (29-104) of said ordinance No. 3188 and that the Dollars and further conditioned that the owner, his or same may be used for the purpose designated in Section its heirs, executors, administrators, devisees, trustees, 9 (29-109) of said ordinance. (Sec. 2, Ord. 3242, successors or assigns shall remove from any land in the 5-22-26). Class "B" Emergency District all temporary, emergency 29-202. That said territory to-wit: Lots 9, 10 and multiple, frame dwellings on or before September 1, 11, Block I, in Fruitland Addition be and the same is 1951, and further conditioned, on default of such re- hereby added to the "C" Area District as defined in Sec- naval, that the City of Salina, its agents, employees and Lion 18 (29-1IS) of said Ordinance No. 3188 and that servants are authorized to enter upon said premises to the same shall be subject to the regulations for said Area remove said buildings therefrom and that the surety District as provided in Section 20 (29-120) of said will reimburse the said City for all incurred expense Ordinance No. 3188. (Sec. 3, Ord. 3242, 5-22-26). incident to such removal and further conditioned that in the event of default of such removal that the surety will 29-203. That the following described land now pay all expense and damages suffered by the said city in situated in "A" Residence District as defined in Section 3 causing the removal thereof, provided that said bond of Ordinance No. 3188 be and the same is hereby in- shall be first approved by the City of Salina,Kansas. eluded in, made a part hereof, and included in "B" Residence District as defined in Section 4 (29-104) of 29-147. Section 6. Any person, firm or corpora- said Ordinance No. 3188 and that the same may be tion who shall violate, neglect or refuse to comply with used for the purposes designated in Section 9 (29-109) or who shall maintain, use or construct any building of said Ordinance No. 3188, to-wit: Lots 28 and 30 in or premises in violation of any of the provisions of this Block 6 in Riverside Park Addition; Lots 1, 2, 3, and 4 ordinance shall upon due conviction,,be fined in any sum on University Place, and Lot 2 on Walnut S:reet in not exceeding FIVE HUNDRED ($500.00) DOLLARS University Addition. (Sec. 3,Ord, 3576, 7-21-28). for each offense and each day that a violation is per- 29-204i That the following described lands in the mitred, caused or continued to exist shall constitute a City of Salina now in the "A" Residence Use District separate offense, and in addition to the above penalty be removed from such district and placed in the "B" such actions at law or suits in equity may be maintained Residence Use District as provided by Section 4 (29-104)' by the City of Salina or any interested persons, as may of said Ordinance 3188 as amended, and that said lands brauthorized by law. may be used for the purposes designated in Section 9 29-148. Section 7. Should any section, clause, or (29-109) of said Ordinance 3188, to-wit: Lots 1, 2, 3, provision of this ordinance be declared by any court 4, 5, 6, 7 and 8, in Replat of Block 5 in Oakdale Addi- of competent jurisdiction to be invalid, the same shall tion; Lot 4 in Block 6 in Oakdale Addition, and Lots not affect the validity of the ordinance as a whole or 1, 2 and 3 in Geis Addition. Lots 30 and 32 in Block any part thereof, others than the part so declared to 8. m Bond's Addition, known as No. 860 South Santa be invalid. Fe Avenue. Lot 12 in Replat of Block 5, South Park • Addition, known as No. 556 South Tenth Street. Lots 29-149. Section 8. This ordinance shall be of- 10 and 12 in Block 2, Bond's Addition. known as No. fective from and after its passage and due publication 720 South Santa Fe Avenue. Lots 7. 8, 9. 10, II and • . 260 ORDINANCES OF THE CITY OF SALINA, KANSAS 12 on State Street, in University Addition. Carroll's] in, added to and made a part of "B"Residential District, Addition and the west 10 feet of Lot 9, Block 6, Oak- as defined by Section 4 (29-104) of Ordinance Number dale Addition, except the north 50 feet thereof. (Sec. 3188 and said ordinance as amended, and said land 1, Ord. 5031, 6-7-43). may be used for the'purposes designated in Section 9 29-205. Thar certain land, being Lots Nine (9) and (29-109) of said Ordinance Number 3188 as amended, Eleven (11) in Surveyor's Plat Ten (10), City of Salina, subject however, to such regulations and restrictions as Kansas, is hereby excluded from "A" Residence District may be hereinafter provided, to-wit: Lots 7, 8 and 9 as defined in Section Three (3) of Ordinance No. 3188 in Replat of a part of University Addition to the City of and that said described land be and the same is hereby Salina,Kansas. (Sec. I, Ord. 5261, 1 1.24-47). included in "B" Residence District as defined in Section 29-210. That the preambles hereof are hereby made Four (4) (29-104) of said Ordinance No. 3188 and that a part of this ordinance. That the aforesaid land West said described land may be used for the purposes desig- One Hundred Twenty Five feet (125') of Lots 7 and nated in Section Nine (9) (29-109) of said Ordinance 9, Block 1 in Replat of Beebe's Addition jo the City of No. 3188. (Sec. 1, Ord. 5152, 4-15-46). Salina, Saline County, Kansas]; be and it is hereby made 29-206. That the following described land in the a part of' the `B" Residential District as that district is City of Salina shall be and it is hereby included in, added defined by Section 4 (29-104) of Ordinance No. 3188, to and made a part of "B" Residential District as defined as amended, and that said property may be used for the purposes designated in Section 9 (29-109) of said ordi- ordinance as amended and that said land may be used by Section 4 (29-104) of Ordinance No. 3188 and said nance, as amended, subject to such limitations and re- for the purposes designated in Section 9 (29.109) of strictions as may be hereafter provided for by ordinance. said ordinance and the amendments thereto, subject, (Sec. 1, Ord. 5268, L-12-45). however, to such restrictions and regulations, as herein- 29-211. That certain land be and it is hereby in- after provided for, to-wit: The North 60 feet of Lots 8 eluded in and made a part of the "B" Residential Dis- and 9 in Cunninghams Replat of Block 15, Oakdale trict as that district is defined in Section 4 (29.104) of Addition to the City of Salina, Kansas. (Sec. 2, Ord. Ordinance Number 3188, as amended, and the uses 5226, 6-16-47). specified by Section 9 (29-109) of said ordinance, as • 29-207. That the following described land in the amended, are hereby made applicable to said land, sub- City of Salina shall be and it is hereby included in, Jeca to such regulations as hereafter at any time deemed added to and made a part of "B"Residential District as advisable by the Board of Comissioners of the City of defined by Section 4 (29-104) of Ordinance No. 3188 Salina, Kansas, described as follows, to-wit: Lot 1, Block and said ordinance as amended, and that said land may 27 in Hutchinson's Addition to the City oP Salina, be used for the purposes designated in Section 9 (29- Kansas. (Sec. I, Ord. 5282, 3-1-48). 109) of said ordinance and the amendments thereto, sub- 29-212. That certain land be 'and it is hereby in- ject, however, to such restrictions and regulations, as eluded in and made a part of the "B" Residential District hereafter provided for, to-wit: Lots Five (5), Six (6), as that district is defined in Section 4 (29-104) of Ordi- Seven (7), Eight (8), Nine (9) and Ten (19 Block nonce Number 3188, as amended, and the uses specified Four (4), Oakdale Addition. City of Salina, Kansas. by Section 9 (29-109) of said ordinance, as amended, (Sec. 2, Ord. 5229, 7-7-47). are hereby made applicable to said land, subject to such 29-208. That the preamble hereof is made a part regulations as hereafter at any time deemed advisable by of this ordinance and the following described land in the Board .of Commissioners of the City of Salina. the City of Salina shall be and the same is hereby in- Kansas, described as follows, to-wit: Lots Eight (8), eluded in, added to and made a part of the `B" Resi- Block Fourteen (14) Oakdale Addition to the City of •dential District as defined in Section 4 of Ordinance Salina, Kansas. (Sec. 1, Ord. 5284, 3-8.48). Number 3188 and said ordinance as amended, and that 29-213. That certain lands be and they are hereby said land may be used for the purpose designated in included in the "B" Residential District as defined by Section 9 of said ordinance and the amendments thereto Section 4 (29-104) of Ordinance Number 3188 of said subject, however, to such restrictions and regulations city, to wit Lot 23 on Jewell Avenue in the Grounds of as hereafter provided for, to-wit: The East 82'/z feet Kansas Wesleyan University, an addition to the City of of Lots 15 and 16, Block 1, and the West 42'/z feet of Salina, Saline County, Kansas; Provided, that said lands Lots 15 and 16, Block 1, all in Southern Heights Addi- ma be used only for the y y purposes authorized by Sec- tion to the City of Salina, Saline County, Kansas. (Sea Lion 9 (29-109) of said Ordinance Number 3188 and 1, Ord. 5256, 10-3-47). further subject to such regulations as hereafter deemed 29-209. That the following land in the City of appropriate by said Commission. (Sec. 1, Ord. 5306, Salina, Kansas, shall be and the same is hereby included 5-17-48). • • • CHAPTER 29. ZONING 261 29-214. That the preambles hereof are hereby said Ordinance Number 3188 and further subject to such made a part of this ordinance. That the aforesaid land regulations as hereafter deemed appropriate by said Corn- West One Hundred Twenty,Five Feet (125') of Lots mission. (Sec. 1,Ord. 5311, 6-14-48). 7 and 9, Block I in Replat of Beebe's Addition to the 29-219. That certain lands be and they are hereby City of Salina, Saline County, Kansas], be and it is included in the "B" Residential District as defined by hereby made a part of the "B" Residential District as Section 4 (29-104) of Ordinance.Number 3188 of said that district is'defined by Section 4 (29.104) of Ordi- city, to-wit: The North 110 feet of Lot 19, Ash Street, nance Number 3188, as amended, and that said property University Addition to the City of Salina, Saline County, may be used for the purposes designated in- Section 9 Kansas; Provided, that said lands may be used only for (29-109) of said ordinance as amended, subject to the purposes authorized by Section 9 (29-109) of said such limitations and restrictions as may be hereafter pro- Ordinance Number 3188 and further subject to such vided for by ordinance. (Sec. 1, Ord. 5268, 1-12-48). regulations as hereafter deemed appropriate by said 29-215. That certain land be and it is hereby in- Commission. (Sec. 1, Ord. 5319, 6-21-48). chided in and made a part of the `B" Residential Dis- 29-220. That certain lands be and they are hereby trio as that district is defined in Section 4 (29-104) of included in the "B" Residential District as defined in Ordinance Number 3188, as amended; and the uses Section 4 (29-104) of Ordinance Number 3188 of said specified by Section 9 (29-109) of said ordinance, as . . to-wit: Fourteen (14), Sixteen (16) and amended, are hereby made applicable to said land, sub- Eighteen t°-wt Eighteen (18), on Ninth Street, in Grounds of Kansas ject to such regulations as hereafter at any time deemed Wesleyan University, Salina, Kansas; Provided. that said advisable by the Board of Commissioners of the City of Salina, Kansas, described as follow, to-wit:: Lot 1� lands may be used only for the purposes authorized by Block 27 in Hutchinson's Addition to the City of Salina, such Section 9 (29-109 said Ordinance Number 3188 and further subject to such regulations as hereafter deemed Kansas. (Sec. 1, Ord. 5282, 3-1-48). appropriate by said Commission. (Sec. 1, Ord. 5352, 29.216. That certain land be and it is hereby in- 11-15.48). eluded in and made a part of the"B"Residential District as that district is defined in Section 4 (29-104) of Ordi- nance Number 3188, as amended, and the uses specified ARTICLE 3. Additions to"C"Commercial District. by Section 9 (29-109) of said ordinance, as amended, are 29-301. That the following described territory in hereby made applicable to said land, subject to such reg- the City of Salina, Kansas. to-wit: Lots 31 to 42 inclusive, ulations as hereafter at any time deemed advisable by the and Lots 43, 45, 47, 49, 51, 53, 55, 57 and 59 on Santa Board of Commissioners of the City of Salina,Kansas,de- Fe Avenue in the grounds of the Kansas Wesleyan scribed as follows, to-wit:- Lot Eight (8), Block Four- University, an addition in said city, be added to and teen (14) Oakdale Addition to the City of Salina, made a part of the the "C" Commercial District as de- Kansas. (Sec. I, Ord. 5284, 3-8-48). fined in Section 5 (29-105) of- Ordinance No. 3188 of 29-217. That certain lands be and they are hereby said city and that the same may be used for the purposes included in the "B" Residential District as defined by designated in Section 10 (29-110) of said ordinance. Section 4 (29-104) of Ordinance Number 3188 of said (Sec. 1, Ord. 3223, 2-23-26). , city, to-wit: Lot 23 on Jewell Avenue in the Grounds of 29-302. That the following described territory in Kansas Wesleyan University, an addition to the City of the City of Salina, Kansas, to-wit: Lots 110, 111, 112 Salina, Saline County, Kansas; provided, that said lands and 113 on Iron Avenue, according to the plat of the may be used only for the purposes authorized by Sec- original town of Salina; the south 50 feet of Lot 5, tion 9 (29-109) of said Ordinance Number 3188 and Block 12, South Park Addition; Lots 1, 2, and 3, Block further subject to such regulations as hereafter deemed 5, Southern Heights Addition; Lots 99, 101, 103, 105, appropriate by said Commission. (Sec. 1, Ord. 5306, 107, 109, 111, and 113 on Fourth Street, and Lots 94, 5-17-48) 96, 98, 100, 102, 104, 106, 108, 110, 112, 114, 29-218. That certain lands be and they are hereby 116, 118. 120, on Third Street, according to the plat of included in the "B" Residential District as defined by the original town of Salina; Lots 2 and 4 in Block 2 Section 4 (29-104) of Ordinance Number 3188 of said and Lots 1 and 3 in Block 3, Episcopal Military Institute city, to-wit: (1) East 50 feet of the West 95 feet of Lot Addition, be and each of said tracts and parcels'of land 6, Block 6, Oakdale Addition'to the City of Salina, arc hereby added to and made a part of the "C" Corn- Saline County, Kansas; (2) Lots Two and Three in mercial District as defined in Section 5 of Ordinance No. Southview Addition to the City of Salina, Saline County, 3:88 and that such lands may be used for the purpose Kansas; Provided, that said land -may be used only designated in Section 10 of said ordinance. (Sec. 1, for the purposes authorized by Section 9 (29.109) of Ord. 3242, 5.22-26). 262 ORDINANCES OF THE CITY OF SALINA, KANSAS 29-303. That the following described land in the 18, 20, 27, 29 and 31 in Block 22 in Episcopal Military City of Salina, now situated within the "B" Residence Institute Addition; also Lots I to 10 inclusive, in each of District as defined by Section 4 of Ordinance No. 3188, Blocks I,4,5 and 8 in Woodland Addition, and Lots 1 to and said Ordinance as amended, shall be and the same is 10 inclusive, of Block 8, Pacific Addition, and in Blocks hereby included, added to and made a part of the "C" 3, 4 and 5 in Episcopal Military Addition, and Lots 11, Commercial District as defined in Section 5 of said 13 and 15 in Block 3 and Lots 1, 3, 5, 7 and 9 in Block Ordinance No. 3188, and that such territory may be used 6, in Episcopal Military Addition, and Lots 1, 2 and 3 for the purposes designated in Section 10 of said Ordi- in Block 1, Golden Belt Addition, and beginning at a nance No. 3188, to-wit: All of Blocks 2 and 3 in Epis- point on the north line of Pacific Street 120 feet east copal Military Institute Addition; the south 60 feet of of the east line of Third Street; thence north 200 feet; Lots 16, 18, 20, and 22 on Elm Street, and the north thence east 255 feet; thence south 200 feet; thence west 60 feet of Lots 11, 12, 13 and 14 on Park Street, in 255 feet to point.of beginning. (Sec. 2, Ord. 3632, Weaver's Addition, and Lot 1 on Walnut Street in 1-3-29). University Addition, and Lot 2 and the east 50 feet of • Lots 1 and 3 in Block 4, Leavenworth Addition. (Sec. 29-306. Restrictions and Regulations, Preceding 1,Ord. 3576, 7-21-28). Sections. That any commercial building constructed on any of the land.described in the preceding sections of this 29-304. That the following described land in the ordinance (see 29-305 and 29-401) shall be of residential City of Salina, now situated in the "A" Residence Dis- type with the same set back as required for residential trier as defined by Section 3 of Ordinance No. 3188, be buildings in the Residential Districts adjoining such included within, and added to and made a part of the commercial or light industrial districts created by pre- "C" Commercial District as defined in Section 5 of said ceding sections of this ordinance and that the use of any Ordinance No. 3188, subject to the conditions'and pro- commercial buildings to be constructed in such districts visions hereinafter set forth, to-wit: The south 48 feet and all architectural and landscape plans for any such of Lot 3 and all of Lots 4, 5, 6, and 8 in Block 1 in commercial buildings, and any advertising signs to be Pleasant View Addition; Lots 1 and 2 in Block 1 in used in connection therewith shall be submitted to and Evergreen Park Addition; and Lots 68, 70, 72, 74 and approved by the City Planning Commission and the 76 on Ninth Street in the Grounds of the Kansas Wes- Board of Commissioners of the City of Salina before leyan University; provided, however, that any commer- any permit for any building to be erected thereon shall cial building constructed in the territory last described be issued, and provided further, that if any section or shall be of a residential type with the same setback as part of this ordinance shall be held invalid for any rea- required of residential buildings in the residence district son, then this whole ordinance,shall be deemed invalid adjoining such Commercial District as hereby created, and of no effect, it being the intention of the Board of and that the use of any commercial buildings to be con- Commissioners to adopt said ordinance as a whole and structed within such district, and all -architectural and only with the restrictions and conditions herein con- landscape plans for any such commercial building and tamed. (Sec. 3. Ord. 3632, 1-3-29). any'advertising signs to be used in connection therewith shall be submitted to and approved by the City Planning 29-307. That the following land within the City Commission and by the Board of Commissioners of the cf Salina shall be and the same is hereby included, added City of Salina before any building permit for any build- to and made a part of the "C" Commercial District as ing to be erected therein shall be issued by the Building defined in Section 5 of Ordinance No. 3188 and said Inspector of the City of Salina; and provided further ordinance as amended, and that said land may be used that if any, part of this section of this ordinance shall for the purpose designated in Section 10 of said Ordi- -be held invalid, that the whole section shall be deemed nance No..3188, subject to the restrictions and regu- iuvalid and of no effect it being the intention of the lations hereinafter provided for, to-wit: All that part Board of Commissioners to adopt the same only with the of Blocks 3, 4. 5, 6 in the Episcopal Military Institute conditions and restrictions herein contained. (Sec. 2, Addition and Block I, Golden Belt Subdivision, and the Ord. 3576, 7-21-28). unplatted ground lying between Block 1, Golden Belt 29-305. That the following described land within Subdivision and Block 6 Episcopal Military Institute the City of Salina shall be and the same is hereby in. Addition, not already in said "C" Commercial District; eluded, added to and made a part of the "C" Commer- Lots 117, 119, 121 and 122 on Third Street, Original vial District as defined in Section 5 of Ordinance No. Town; Lot 1, Block 1,Bond's Addition; Lot 21 on Ninth 3188 and said ordinance as amended, and that said land Street in Prescott Addition; the south 1/2 Lot 10, Block 17,South Park Addition. (Sec. 1, Ord. 3829, 1-29-30). may be used for the purposes designated in Section 10 of said Ordinance No. 3188, subject to the restrictions ' 29-308. Restrictions and Regulations, Preceding and regulations hereinafter provided for, to-wit: Lots Section. That any commercial building constructed on • • CHAPTER 29, ZONING 263 any of the land described in the preceding section of be used for the purposes designated in Section 10 of this ordinance shall be of residential type, and all said Ordinance No. 3188, to-wit: architectural and landscape, plans for any such commer- Lots 1 and 3, Block 4, Leavenworth Addition. cial building and any advertising signs to be used in Lots 1, 2, 3 and 4, Block 3. Leavenworth Addition. connection therewith shall be submitted to and approved Lots 1 and 2, Block 2, Leavenworth Addition. by the City Planning Commission of the City of Salina. Lots 1 and Z. Block 1, Leavenworth Addition. before any building permit for any building to be erected thereon shall be issued, and any such commercial build- subject to the following restrictions, to-wit: That any ing shall have the same setback from any abutting street building erected on any of such land shall be of a resi- as is required for a residential building in any residential dential type, shall be approved by the Board of Commis- district adjoining such commercial district created by sinners before a permit for the erection of the same is the preceding section of this ordinance, unless the Board issued, with the same set back as would be required of a of Commissioners shall by ordinance permit a less or residental building in such territory under the present different setback, and any building erected on or any toning restrictions and regulations relating thereto, all use made of any of such land contrary to the foregoing said territory being now in the "A" Residential District provisions shall be deemed to constitute a violation of unless a different or less set back is specifically permitted said Ordinance No. 3188 by any person responsible for by the Board of Commissioners. (Sec. 1, Ord. 4102, or causing such violation; provided that if any section 9-26-31). or part of this ordinance shall be held invalid for any 29-312. That Lots 44, 46 and 48 on Santa Fe reason, then this entire ordinance shall be deemed invalid Avenue in'the Grounds of Kansas Wesleyan University and of no effect, it being the intention of the Board of and Lot 24 on Cedar Street in Phillips Third Addition Commissioners to adopt this ordinance as a whole and be and they are hereby added to and made a part of the only with the restrictions and conditions herein con- "C" Commercial District and removed from the "A" rained. (Sec. 2, Ord. 3829, 1-29-30). , Residence District as defined and provided for in Ordi- 29-309. That the following described land, within nance No. 3188. (Sec. I, Ord. 4247, 4-7-33). the City of Salina, to-wit: Lot I on Santa Fe Avenue in 29-313. Land in "C" Area District. That all terri- Holland's Addition, be and the same is hereby included tory by this ordinance or heretofore removed from the within, added to and made a part of the "C" Commer- "A" or "B" Residence District and placed in the "C" cial District, as defined by said Ordinance No. 3188, Commercial District shall be considered to be and the and said ordinance as amended. and that said land may same is hereby placed in the "C" Area District as de- be used for the purposes.permitted in such district by fined by Ordinance No. 3188. (Sec. 4, Ord. 4247, said ordinance, subject to the following restrictions, to- 4-7-33). wit: That the plans of any commercial building erected 29-314. That the Ordinance No. 3188 of the City on such land shall be submitted to and approved by the of Salina, Kansas, be amended and changed in the City Planning Commission, and by the Board of Com- following respects, to-wit: missioners, before any building permit therefor is issued, By removing from the "A" Residence Use District and any such building shall be erected in conformity as defined and governed by Section 3 and 8 of said ordi- with such plans. (Sec. I, Ord. 3863, 4-5-30), nance and placing within the'"C" Commercial Use Dis- 29-310. That the following described land within trict as defined in said ordinance and subject to the the City of Salina shall be and the same is hereby in- regulations provided for in Section 10 thereof the follow- eluded in, added to and made a part of the "C" Corn- ing described tracts and parcels of land, to-wit: ntercial District as defined in Section 5 of Ordinance ' Lot 15. Block 2 in Fruitland Addition; No. 3188, and said ordinance as amended, and that such Lot 7, Block 5 in Phillips East Salina Addition; land may be used for the purposes designated in Section Lots 2, 3. 4, 5, 6, 7. 8. 12 and 13 and the west Ho 10 of said Ordinance No. 3188, to-wit: The West One feet of Lot 1 in Surveyors Plat No. 8; Half (%) of Blocks Ten (10),Fifteen (15) and Twenty- Lots 2, 3. 4. 5, 6, 7. 8 and 9 in Block 2 in Hansen Two (22) and the east One Half of Blocks Eleven (11), Court, an addition to the City of•Salina; Fourteen (14) and Twenty-Three (23) in Episcopal Mill- provided, however, that the use and occupancy of such tary Institute Addition. (Sec. 1,Ord. 3915,7-3-30). tracts and parcel of land as placed in the "C" Commer- 29-311. That the following described land within cial Use District shall be subject to the further additional the City of Salina shall be and the same is included in, restrictions, to-wit: That in the construction, reconstruc- added to and made a part of the "C" Commercial Dis- tion or remodeling of any building within such territory trict as defined in Section 5 of Ordinance No. 3188, and a minimum set-back of twenty feet from the street line said Ordinance as amended, and that such lands may shall be observed on all that part of the above described • 264 ORDINANCES OF THE CITY OF SALINA, KANSAS territory lying 'east of Delaware Street, and on that of the City of Salina and aproved by such Board. (Sec. part lying west of Delaware Street, the same set-back 2, Ord. 4357, 1-24-34). shall be observed in any case as now required for resi- dence properties in the remaining portions of the blocks 29-316. Relating to Preceding Two Sections. If in which such territory is located, and as would be re- any clause, provision or part of any section of this ordi- quired in such territory of the same were left in the resi- trance (see 29-314 and 29-315) or any restriction con- dence zone; and provided further, that any building or rained in any such section shall be determined by the structure of any kind constructed, reconstructed or re- final judgment of any court of competent jurisdiction modeled within any such territory shall be of what is to be invalid or ineffective for any reason, then in such commonly known as a residence type of architecture, event, the whole of any such section shall be deemed to and no permit shall be issued by the Building Inspector be wholly invalid and ineffective, it being the intention of the City of Salina for the construction, reconstruction of the Board of Commissioners to pass each section of or remodeling of any building within such territory and this ordinance as a whole, and in any such event the no building shall be constructed, reconstructed or re- Use described in any such section shall be considered • modeled within such territory unless and until plans to'be within the se Zone in which it was located prior therefor are submitted to the Board of Commissioners to the taking effect of such amending ordinance. (Sec. of the City of Salina and approved by such Board. (Sec. 3, Ord. 4357, 1-24-34). 1, Ord. 4357, 1-24-34). 29-317. That the following described tracts of land 29-315. That Ordinance No. 3188 of the City of in the City of Salina now situated within the "B" Resi- Salina, Kansas, be amended and changed in the following dente District as defined by Ordinance No. 3188 and respects,to-wit: said ordinance as amended, shall be and the same are hereby removed from the "B" Residence District and • By removing from the "A" Residence Use District included in, added to, and made parts of the "C" Com- as defined and governed by Section 3 and 8 of said mercial District as defined in said Ordinance No. 3188, ordinance and placing within the "C" Commercial Use to-wit: - District as defined in said ordinance and subject to the regulations provided for in Section 10 thereof the f'ol- Lot 7 in Surveyors Plat C. in City of Salina, Saline lowing described tracts and parcels of land, to-wit: County, Kansas; t: Lots I, 2, '3 4, on Ninth Street in Block 1, and Lots 1 and 2 on Elm Street in Bishop's Addition to Lots 1, 2, 3. 4, on Ninth Street in Block 2 in Evergreen the City of Salina, Saline County, Kansas; Park Addition; Lou 5 and 7 in Block 5, Pacific Addition, City of Lots 74, 76, 78. 80, 82, 84, 86, 88, 90. 92. 94. 96 Salina, Saline County, Kansas; Provided, however, that and 98 on Ninth Street in the Grounds of the Kansas no building or structure of any kind shall be erected on Wesleyan University; any of the property hereinbefore described until the plans for such building or structure and the location Provided, however, that no buildings shall be erected thereof on said property and the setback from the same within such territory for use as tourist cabins or what from the street or streets upon which any of such lots abut is known as tourist camps or cabin camps and the lots or front shall be first submitted to and approved by the within such territory or any buildings thereon shall at no Beard of Commissioners of the City of Salina; and pro- time be used for any such purpose; and subject to the vided further, that if the limitations and conditions further additional restrictions, to-wit: That in the con- hereby imposed shall be contested and in any manner struction, reconstruction or remodeling of any building held to be invalid then in any such event this entire within such territory, minimum setbacks shall be ob- ordinance shall as to any such lots or premises be held served as follows: 28 feet from the street line on each to be invalid, and such lots or premises shall be con- side of Ninth Street and 20 feet from the respective sidered to be in the same zone or district in which it was • street lines on Claflin Avenue, Cloud Street and Wood- located prior to the passage of this ordinance, it being lawn Avenue, and provided further. that any building the intention of the Board of Commissioners to make or structure of any kind constructed, reconstructed or the change herein provided for only subject to the pro- remodeled within any-such territory shall be of what is visions and conditions herein set forth. (Sec. 1, Ord. commonly known as residence type of architecture and 4606, 1-18-36). no permit shall be issued by the Building Inspector of the City of Salina for the construction, reconstruction or 29-318. That the following described territory in remodeling of any building within such territory and the City of Salina, Kansas, to-wit: Lot 3 on Walnut no building shall be constructed, reconstructed or. re- Street in School Park according to the plat of original modeled within such territory, unless and until plans town of Salina (being Lot 3 on Walnut Street between therefor are submitted to the Board of Commissioners I Seventh and Eighth Street) be and the same is hereby • • • • CHAPTER 29. ZONING ) 265 removed from the "B" Residence District and added to tofore have been taken and condemned for street and and made a part of the "C" Commercial District as pro- highway purposes. (Sec. 1, Ord. 4750, 5-27-37). vided for in Ordinance No. 3188, provided however, 29-321. Restrictions and Regulations, Preceding that any building or structure erected upon or moved Section. That any commercial building constructed on onto any of said lots or any use made of said lots shall be any of the land described in the preceding section of first submitted to the Board of Commissioners of said city this ordinance (29-320) may be used for any of the and the plans for any such building and the proposed purposes designated in Section 10. of Ordinance No. use of such premises shall be approved by the Board of 3188; provided, however, that before any building per- Commissioners of said city before any building permit mit shall be issued for the construction, erection, or shall be issued for any such building and before any use reconstruction of any building on any of said land and shall be made of any such property which would not before any building or other structure is moved have been permissible except for this ordinance. (Sec. on to said land, the plans for such building and the 2, Ord, 4671, 9.4.36). purpose for which it is to be used, with the proposed 29-319. Restrictions and Regulations, Preceding set-back from the street lines of any such building or any Sections. If any provisions or restrictions contained in other improvements on said land, shall be submitted to either of the preceding sections of this ordinance (see the Board of Commissioners of said city and shall be 29-318 and 29-405) shall be held invalid for any reason approved by.such Board and it shall be unlawful to then the whole of such section in which the same is use any of such land for any purpose other than resi- contained shall be deemed to be invalid and of no effect, dente purposes without such approval by the Board of it being the intention of the Board of Commissioners to Commissioners. (Sec. 2, Ord. 4750, 5-27-37). adopt each of the foregoing sections of this ordinance as a whole and that no part of either section shall be ef- 29322. That the following described lands within fective unless the whole of such section is effective. (Sec. the City of Salina shall be and the same are hereby in- 3, Ord. 4671, 9-4-36). cluded in, added to and made a part of the "C" Com- mercial District as defined in Section 5 of Ordinance 29-320. That the following described lands within 3188 and said ordinance as amended and that said lands the City of Salina shall be and the same are hereby in- may be used for the purposes designated in Section 10 chided in, added to and made a part of the "C" Com- of said Ordinance No. 3188, subject to the restrictions mercial District-as defined in Section 5 of Ordinance and regulations hereinafter provided for, to-wit: 3188 and said ordinance as amended and that said Lots 5, 7, 9, 11, 13, 15, 16, 17, 18. 19 and 20 in lands may be used for the purposes designated in Sec- Block 63, and Lot 15 in Block 46 in Military Addition tion 10 of said Ordinance No. 3188, subject to the re- to the City of Salina. strictions and regulations hereinafter provided for, to-wit: East One-half Lots 84, 86, 88, 90, 92, 94 on Eighth Lots 1. 3. 6. 8. 9. 11, 13. 15. 17 and 19. in Block 4, Street, and all of Lots 80 and 81 on Ash Street, in Pacific Addition; the original town of Salina. (Sec. I, Ord. 4763, Lots 6. 8, 10, 11, 12. 13, 15. 18 and 20 in Block 3, 7-17-37) Pacific Addition; Lots 1. 2, 3, 4, 5, 6, in Block 11, Pacific Addition; 29-323. Restrictions and Regulations, Preceding Sec. Lots 16. 17. 18. 19 and 20, in Block 2, Pacific Addi- tion. That any commercial building constructed on any of the land described in the preceding section of this tion; ordinance (29-322) may be used for any of the pur- Lots I, 3, 5, 6, 8. 9, 10, 11, 13 and 15, in Block 10, pose's designated in Section 10, of Ordinance No. 3188; Pacific Addition; provided however, that before any building permit shall Lots 6, 8, 10. 11. 12. 13. 15, 18, 20. 21. 22, 23. 24. be issued. for the construction, erection, or reconstruction 25 and 26. in Block 9, Pacific Addition; of any building on any of said land and before any build- Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19 and 21 in ing or other structure is moved on to said land, the Block 3, North Park Addition; plans for such building and the purpose for which it is Lots 2, 4, 6. 8, 10. 12, 13, 14, 15, 16. 17, 18, 19, to be used, with the proposed set-back from street lines 21, 22, 23, 24, 26, 28, 29, 30. 31, 32. 33, 34. 35, 37, of any such building or any other improvements on said land, shall be submitted to the Board of Commissioners 39. 41, 43 and 45 in Block 2, North Park Addition; of said city and shall be approved by such Board and it • Lots 32, 34, 36, 38, 40. 42, 43 and 45 in Block 1, shall be unlawful to use any of such land for any purpose North Park Addition; other than residence purposes without such approval by East 110 feet, Block 9, Leavenworth Addition and the Board of Commissioners, provided however, that if Park No. 3 in Leavenworth Addition; except all that any restrictions or conditions provided for in this section part of described lots and tracts of ground which here- shall be held to be invalid as to any lot or piece of • • 266 • ORDINANCES OF THE CITY OF SALINA, KANSAS ground described in Section I of this ordinance, then this Southern Heights Addition to the City of Salina, Kan- entire ordinance shall be held to be invalid and inef- sas, and such lot is hereby excluded from the "A" Resi- fective as to such lot or piece of ground, it being the in- dente District, as defined by Section 3 (29-103) of tension of the Board of Commissioners to enact this Ordinance No. 3188. (Sec. I, Ord. 5048,4-17-44). ordinance as a whole as to each lot or piece of ground described in Section 1 hereof. (Sec. 2, Ord. 29-328. That "C" Commercial District as defined by 4763, 7-17-37). Section 5 (29-105) of Ordinance No, 3188 is hereby ex- tended to include Lots 62, 64 and 66 on Ninth Street in 29-324. That the following described lands within the Grounds of Kansas Wesleyan University; and Lots I the City of Salina shall be and the same are hereby in- to 5 inclusive of Block 1, Pleasant View Addition; and cluded in, added to and made a part of the "C" Com- such lots are hereby excluded from "A" Residential mercial District as defined in Section 5 of Ordinance No. District as defined by Section 3 (29-103) of-Ordinance 3188 and said ordinance as amended and that said lands No. 3188. (Sec. 1, Ord. 5064, 9-8-44). may be used for the purposes designated in Section 10 of said Ordinance No. 3188, subject to the restrictions 29-329. That "C" Commercial District as defined by and regulations hereinafter provided for,to-wit: Section 5 (29-105) of Ordinance No. 3188 is hereby The north 90 feet of Lots 82 and 83 on Ash Street, extended to include Lots 9, I1, 13, 15, 17 and 19 in Orginal Town of Salina. (Sec. I, Ord. 4771, 8.17-37). Block 5, Pacific Addition to the City of Salina Kansas; and such lots are hereby excluded from "A" Residential 29-325. Restrictions and Regulations, Preceding Sec- District as defined by Section 3, (29-103) of Ordinance tion. That any commercial building constructed on No. 3188. (Sec. I, Ord. 5068, 10-16-44). any of the land described in the.preceding section of this ordinance (29-324) may be used for any of the pur- 29-330. That"C"'Commercial District as defined by poses designated in Section 10, of Ordinance No. 3188; Section 5 (29-105) of Ordinance No. 3188, is hereby provided however, that before any building permit shall extended to include Lots 1, 3 and 5 on Ninth Street, and be issued, for the construction, erection, or reconstruction the east one-half of Lot 13 on Crawford Avenue all in Seitz's Second Addition to the City of Salina, Kansas; of any building on any of said land and before any building or other structure is moved on to said land, the and such lots are hereby excluded from "A" residential plans for such building and the purpose for which it is district as defined by Section 3 (29-103) of Ordinance to be used, with the proposed set-back from street lines of No. 3188. (Sec. 1,Ord. 5094, 7-30-45). any such building or any other improvements on said 29-331. That "C" Commercial District as defined by land, shall be submitted to the Board of Commissioners Section 5 (29-105) of Ordinance No. 3188 is hereby of said city and shall be approved by such Board and extended to include all of Lots 3, 4, 5, 6, 7, 8, 9, 10 and it shall be unlawful to use any of such land for any pur- 1 I in Casa Loma Manor Addition to the City of Salina. pose other than residence- purposes without such ap- Kansas, and such lots are hereby excluded from "A" proval by the Board of Commissioners; provided how- Residential District as defined by Section 3 (29-103) of ever, that if any restrictions or conditions provided for Ordinance No. 3188. (Sec. L Ord. 5114, 10-15-45). in this section shall be held to be invalid as to any lot or piece of ground described in Section 1 of this ordinance, 29-332. That the following land in the City of Sa- then this entire ordinance shall be held to be invalid and lina shall be and the same is hereby included in, added ineffective as to such lot or piece of ground, it being the to and made a part of the"C"Commercial District as de- intention of the Board of Commissioners to enact this fined by Section 5 (29-105) of Ordinance No. 3188 and ordinance as a whole as to each lot or piece of ground said ordinance as amended, and that said land may be described in Section 1 hereof. (Sec. 2, Ord. 4771, used for the purpose designated in Section IO (29-110) 8.17.37), of said Ordinance No. 3188, amendments thereto, and such restrictions and.regulations as hereafter provided 29-326. That the following described lands within for, to-wit: Lots Fifty-six (56), Fifty-eight (58) and the City of Salina shall be and the same are hereby in-. Sixty (60) on Ninth Street in the Grounds of Kansas eluded in, added to, and made a part of the "C" Corn- Wesleyan University, an Addition to the City of Salina. mercial District as defined in Section 5 of Ordinance No. (Sec. 1,Ord. 5154, 5-6-46). 3188 and said ordinance as amended and that said lands may be used for the purpose designated in Section 10 of 29-333. That the following land in the City of Ordinance No. 3188,to-wit: Salina shall be and the same is hereby included in, added Lots 77 and 78 on Ash Street-in the Original Town to and made a part of-the "C"Commercial District as de- of Salina. (Sec. 1, Ord.4955, eet-in39). fined by Section 5 (29-105) of Ordinance No. 3188 and said ordinance as amended, and that said land may be 29-327. That "C" Commercial District, as defined used for the purpose designated in Section 10 by Section 5 (29-105) of Ordinance No. 3188 is hereby (29-110) of said Ordinance No. 3188, amendments extended to include Lot No. 8 in Block No. 13, in thereto, and such restrictions and regulations as hereafter 1 • CHAPTER 29. ZONING 267 provided for, to-wit: South 80 feet of the East 50 feet of City of Salina shall be and the same is hereby included Lot 12, in Surveyor's Plat 31, City of Salina, Kansas. in, added to and made a part of the "C" Commercial (Sec. 1,Ord. 5169, 7-29-46). District as defined by Section 5 (29-105) of Ordinance 29-334. That the following land in the City of Sa- No. 3188, and said ordinance as amended, and that said ling shall be and the same is hereby included in, added to land may be used for the purposes designated in Section and made a part of the "C" Commercial District as de- 10 (29-110) of said ordinance and the amendments fined by Section 5 (29-105) of Ordinance No. 3188 and .thereto, subject, however, to such restrictions and regula- said ordinance as amended, and that said land may be tions as hereafter provided for, to-wit: All of Lot Nine used for the purpose designated in Section 10 (29-110) (9) Block 5 (5) South Park Addition, Salina, Kansas. of said Ordinance No. 3188, amendments thereto, and (Sec. 1,Ord. 5229, 7-7-47) such restrictions and regulations as hereafter provided 29-339'. That the preamble hereof is made a part of for, to-wit: Lots Seven (7) and Nine (9), Block 3, Paci- this ordinance and the following described land in the fic Addition to the City of Salina, Kansas. (Sec. I, Ord. City of Salina shall be and the same is hereby included 5185 9-16-46). in, added to and made a part of the "C" Commercial 29-335. That the preamble hereof is made a part of District as defined by Section 5 (29-105) of Ordinance this ordinance and the following described land in the No. 3188 and said ordinance as amended, and that said City of Salina shall be and the same is hereby included' land may be used for the purposes designated in Sec. in, added to and made a part of the"C" Commercial Dis- tion 10 (29-110) of said ordinance and the amendments trict as defined by Section 5 (29-105) of Ordinance No. thereto, subject however, to such restrictions and regula- 3188 and said ordinance as amended, and that said land tions as hereafter provided for, to-wit: The West seventy may be used for the purposes designated in Section 10 (70) feet of the South Eighty (80) feet of Lot Ten (10) (29-110) of said ordinance and the amendments thereto, in Block Thirteen (13) in South Park Addition to the subject, however, to such restrictions and regulations as City of Salina, Kansas. (Sec. 5236, 7-28-47). hereafter provided for, to-wit: The North Twenty 29-340. That the preamble hereof is made a part of (20) feet of Lot Two (2), Block Four (4), Southern this ordinance and the following described land in the Heights Addition to the City of Salina, Kansas. (Sec. 1, City of Salina shall be and the same is hereby included Ord..5213,4-28-47). in, added to and made a part of the "C" Commercial 29-336. That the preamble hereof is made a part of District as defined by Section 5 (29-105) of Ordinance this ordinance and the following described land in the No. 3188 and said ordinance as amended, and that said City of Salina shall be and the same is hereby included land may be used for the purposes designated in Section in, added to and made a part of the "C" Commercial 10 (29.110) of said ordinance and the amendments District as defined by Section 5 (29-105 of Ordinance thereto, subject, however, to such restrictions and regula- No. 3188 and said ordinance as amended, and that said tions as hereafter provided for, to-wit: All of Lot Two land may be used for the purposes designated in Section (2), Block Twenty (20) in Episcopal Military Institute 10 of said ordinance and the amendments thereto, sub. Addition to the City of Salina, Kansas. (Sec. 1, Ord. ject, however, to such restrictions and regulations as 5250,9-20-47). hereafter provided for, to-wit: Lot One (1) in Plat "C" 29-341. That the following land in the City of Sa- on Fourth Street, City of Salina, Kansas. (Sec. 1, Ord. Tina shall be and the same is hereby included in, added 5219, 5-19-47). to and made a part of the "C" Commercial District, as 29-337. That the preamble hereof is made a part defined by Section 5 (29-105) of Ordinance Number of this ordinance and the following described land in 3188, and amended thereto, and said land may be used the City of Salina shall be and the same is hereby in- for the purposes designated in Section 10 (29-110) of eluded in, added to and made a part of the "C" Corn- said Ordinance Number 3188 and amendments thereto, mercial District as defined by Section 5 (29-105) of subject, however, to such regulations and restrictions as Ordinance No. 3188 and said ordinance as amended, and may be hereafter provided for, to-wit: Lots 1, 3 and 5, that said land may be used for the purposes designated in in Block 46 Military Addition to the City of Salina, section 10 (29-110) of said ordinance and the amend- Kansas. (Sec. 2, Ord. 5261, 11-24-47) ments thereto, subject, however, to such restrictions and 29-342 That certain land be and is hereby included regulations as hereafter provided for, to-wit: The north in and made a part of the"C"Commercial District as de- 25 feet of Lot 27, on State Street, in University Addition fined by Section 5 (29-105) of Ordinance Number 3188, to the City of Salina, Kansas. ` as amended, and that said property may be used for the Lot 19, Block 4, Pacific Addition to the City of Sa-, lina, Kansas. Sec. I, Ord. 5226, 6-16-47). purposes designated in Section 10 (29-110) of Ordinance Number 3188, subject to such rules and regulations as 29-338. That the preamble hereof is made a part of may be hereinafter provided, said property being de- this ordinance and the following described land in the scribed as follows, to-wit: Lot Eight (8), Block Eleven • 268 ORDINANCES OF THE CITY OF SALINA, KANSAS • (11) in Pacific Addition to the City of Salina, Kansas. North Half (N1) of said Section Eleven (11), thence (Sec. 1, Ord. 5262, 12-1-47). west along said line to the place of beginning. (Sec. I, 29-343. That certain land be and it is hereby includ- Ord. 5287,4-5-48). ed in and made a part of the "C" Commercial District 29-347. That certain land hereinafter described be as defined by Section 5 (29-105) of Ordinance Number and it is hereby included in the "C" Commercial District 3188, as amended and that said property may be used for as that district is defined by Section 5 (29-105) of Ordin- the purposes designated in Section 10 (29-110) of ance Number 3188 and amendments thereto and that said Ordinance Number 3188, subject to such rules and regu- land may be used for the purposes authorized by Sec- lations as may be hereafter provided, said property being Lion 10 (29-110) of said Ordinance Number 3188 and described as follows, to-wit: Lot Forty-Nine (49) on amendments thereto, subject to such regulations and pro- Tenth Street and Lots Eleven (11) and Twelve (L2) on visions as may be hereafter provided, to-wit: Lot 12, Ninth Street, in Bishop Addition to the City of Salina, Block.1, Tucker Park Addition to the City of Salina, Kansas. (Sec. 1, Ord. 5262, 12.1-47). Kansas. (Sec. 1, Ord. 5296, 4-26-48). 29-344. That the following land in the City of 29-348. That the following land in the City of Sa- Salina shall be and the same is hereby included in, add- lina, Kansas, shall be and the same is hereby included in, ed to and made a part of the "C"Commercial District as added to and made a part of the"C"Commercial District, defined by Section 5 -(29-105) of Ordinance Number as that district is defined by Section 5 (29-105) of Ordi- 3188 and said ordinance as amended, and that said land Hance Number 3188 and said ordinance as amended, and may be used for the purpose designated in Section 10 that said land may be used for the purposes provided for (29-110) of said ordinance Number 3188, amendments in Section 10 (29-110) of said Ordinance Number 3188, thereto, and such restrictions and regulations as hereaf- as amended, subject, however, to such restrictions and ter provided for, to-wit: Lots 1, 2, 3, 4, 5, 6, 7 8 and 9 regulations as hereafter provided for, to-wit: Lots-9, 10, a Black 9, Pacific Addition to the City of Salina, Saline I I, 12, 13, 14 and 15 in Block 2, Pacific Addition to County, Kansas. (Sec. 1, Ord. 5280, 2-23-48). the City of Salina, Kansas. (Sec. 1, Ord. 5323, 7-12-48). 29-345. That certain land hereinafter described be and it is hereby included in the "C" Commercial District 29-349. That certain land hereinafter described be • as that district is defined by Section 5 (29-105) of Ordin- and it is hereby included in the "C" Commercial District ance Number 3188, and amendments thereto and that as that district is defined by Section 5 (29-105) of Ordi- said land may be used for the purposes authorized by nance Number 3188 and amendments thereto and that Section LO (29-110) of said Ordinance Number 3188 said land may be used for the purposes authorized by and amendments thereto, subject to such regulations and Section 10 (29-110) of said Ordinance Number 3188 and provisions as may be hereafter provided, to-wit: The amendments thereto, PROVIDED, HOWEVER, that the North Eighty (80) feet of. Lot Four (4) on Santa Fe set-back on said land shall be governed by Section 2 of Avenue, Holland's Addition to the City of Salina,Kansas. Ordinance Number 4750 and further subject to such (Sec. 1,Ord. 5285, 3-15-48). regulations and provisions as may be hereafter provided, to-wit: The West 621/2 feet of Lots 15 and 16, Block 3, 29-346. That certain land hereinafter described be Southern Heights Addition, an Addition to the City of and it is hereby included in the "C" Commercial District Salina, Saline County, Kansas. (Sec. I, Ord. 5334, as that district is defined by Section 5 (29-105) of Ordin- 9-20-48) • ance Number 3188 and all amendments thereto and that said land may be used for the purpose authorized in ARTICLE 4. Additions to"D"Light Section 10 (29-110) of Ordinance 3188 and all amend- Industrial District menu thereto, subject however, to such rules and regula- tions as may be hereafter provided for, to-wit: Begin- 29-401. That the following described land in the • Wing at a point Four Hundred Forty-Five (445) feet west City of Salina shall be and the same is hereby included within, added to and made a part of the"D" Light Indus- of the Southeast corner of the Northwest Quarter (NWt/) of Section Eleven (11) in Township Fourteen trial District as defined in Section 6 (29-106) of Ordi- (14) South, Range Three (3) West of the Sixth Principal nance No 3188 and that such land may be used for the Meridian, in Saline County, Kansas; thence north and purpose designated in Section 11 (29-1111) of said Ordi- nance No. 3188,subject to the restrictions and regulations parallel with the west line of said quarter section One Hundred Ninety (190 feet, more or less, to the center of hereinafter contained, to-wit: Lot 42 in Block I, and Lot the old channel of Dry Creek, thence in a northeasterly 41 in Block 2 in Van Trine's Addition. (Sec. 2, Ord. direction along the center of the channel of Dry Creek 3632, 1-3-29). to a point where said center line touches the west line of 29-402. Restrictions and Regulations, Preceding Sec. U. S. Highway by-pass; thence east to the center of said tion. (For restrictions and regulations relating to use of Highway to its intersection with the south line of the land described in Sec. 29-401,see Sec. 29-306). • • • CHAPTER 29. ZONING 269 29-403. That the following land within the City of permissible except for this ordinance. (Sec. 1, Ord. Salina, to-wit: All of Block 1 in Hansen Court, an addi- 4671,9-4-36). tion in the City of Salina, be and the same is hereby in- 29-406. Provisions Relating to Preceding Section. cluded within,added to and made a part of the"D" Light (For additional provisions relating to 29-405, see 29-319). Industrial District as defined in Ordinance No. 3188 and said ordinance as amended, and that said land may be 29.407. That the following described territory in the used for the purposes permitted in such "D" Light In- City of Salina,Kansas,to-wit: dustrial District as provided for in said ordinance, sub- Block 12-in Calkins Addition in the City of Salina, ject to the restrictions and regulations hereinafter pro- Kansas be and the same is hereby removed from the "C" vided for. (Sec. 1,Ord. 3834, 2-15-30). Commercial Use District and placed in and made a part of the "D" Light Industrial Use District as provided for 29-404. Restrictions and Regulations, Preceding Sec- in Ordinance No. 3188. (Sec. 1, Ord. 4682,9-28-36). Lion. That any building erected on any of the land described in the preceding section of this ordinance 29-408. That Light Industrial District as defined by (29-403) shall be of such type as may be approved by Section 6 (29-106) of Ordinance No. 3188 is hereby n- the Board of Commissioners and by the City Planning tended to include lots No. 17 and 18 on Ninth Street, Commission of said city, and all architectural and land- Bishop's Addition, Lots 59, 60, 61 and 62 on Tenth • scape plans in connection with any such building and all Street, Bishop's Addition; Lots 10 and 11 on Eleventh advertising signs used in connection therewith shall be Street. Weaver's Addition and Lots 10 and 11,on Twelfth submitted to and approved by the Board of Commis- Street, Weaver's Addition; such lots are hereby excluded sioners and by the City Plannning Commission before from "C" Commercial District as defined by Section 5 any building permit for any such building shall be issued, (29-105) of Ordinance No. 3188, (Sec. 2, Ord. 5064, provided that no such building shall be used for any pur- 9-8.44). pose other than for the manufacture and sale of ice 29-409. That "D" Light Industrial District, as de- cream, or other milk products, or for uses incidental fined by Section 6 (29-106) of Ordinance No. 3188, is thereto, except with the permission of the Board of hereby extended to include Lots 1, 2, 3, 4, 6, 8 and 10 Commissioners of said city; Provided further, that any in Block 6, Pacific Addition and those portions of Lots 1, such building shall have a setback of 100 feet from the 2, 3, 4, 6, 8 and 10 originally included in Block 6, south line of Iron Avenue and 75 feet from each of the Reimold's Military Replat in the City of Salina, Kansas; other streets abutting upon the land described in Section and such lots are hereby excluded from "B" Residential 1 of this ordinance, and any building erected on or any and "C" Commercial Districts as defined by Sections 4 use made of any such land contrary to the foregoing (29-104) and 5 (29-105) of Ordinance No. 3188. (Sec. provisions or contrary to the plans approved as pro- 1,Ord. 5093, 7-30-45). vided for herein shall be deemed to constitute a violation of said Ordinance No. 3188 by any person responsible 29-410. That "D" Light Industrial District, as de. or causing such violation; and Provided further, that if fined by Section 6 (29-106) of Ordinance No. 3188, is any restriction contained in this ordinance shall be hereby extended to include all of Lot Nos. 1 to 20 in- held invalid for any reason then this entire ordinance elusive in Block 5, Pacific Addition, and that all of said shall be deemed invalid and of no effect, it being the in- °Lou Nos. 6, 8, 10, 12, 14, 16, 18 and 20 Block 5 Pa- tention of the Board of Commissioners to adopt this fie Addition, Salina, Kansas, are excluded from "A" ordinance as a whole only with restrictions and condi Residential District, as defined by Section 3 (29-103) of bons herein contained. (Sec. 2, Ord. 3834, 2-15-30). Ordinance No. 3188, and that all of said Lots Nos. 4, 3, 1. 5, 7. 9, 11, 13, 2, 15, 17 and 19 in Block 5 Pacific Ad- 29-405. That the following described territory in dition to the City of Salina, Kansas, are excluded from the City of Salina, Kansas, to-wit: Lots 1, 2, 3, 4, "C"Commercial District as defined by Section 5 (29-105) 5, 6, 7 and 8 in Block 13 in Pacific Addition to the City of'Ordinance No. 3188. (Sec. 1 Ord. 5117,9-2-45). of Salina be and the same is hereby removed from the 29-411. That "D" Light Industrial District as de- "A" Residence District and placed in and made a part of fined in Section 6 (29-106) of Ordinance No. 3188, is the "D" Light Industrial District as provided for in hereby extended to include all of lots 32, 34, 36, 38, 40, Ordinance No 3188, provided however, that any building 42, 43 and 45 in Block 1 of North Park Addition to Se- or structure erected upon or moved onto any of said lots lina, Kansas, and all of lots 2, 4, 6, 8 10, 12 14 and 16 or any use made of said lots shall be first submitted to in Twelfth Street in Weaver's Second Addition to Se- the Board of Commissioners of said city and the plans ling Kansas and such lots are hereby excluded from "C" for any such building and the proposed use of such Commerci ,al District as defined in Section 5 (29-105) of premises shall be approved by the Board of Commission- Ordinance No. 3188. (Sec. 1,Ord. 5130, 12-10-45). ers of said city before any building permit shall be is- sued for any such building and before any use shall be 29-412. That "D" Light Industrial District as de- made of any such property which would not have been fined by Section 6 (29-106) of Ordinance No. 3188, is • 270 ORDINANCES OF THE CITY OF SALINA, KANSAS • hereby extended to include all of lots 31,33,35,37,39 and nated in Section 12 (29-112) of said Ordinance No. 41 in Block 1 of North Park Addition to Salina, Kansas, 3188, to-wit: Lots 38. 40, 42 and 44 on Fourth Street, and such lots are hereby excluded from "A" Residential and Lot 41 on Fifth Street in Original Town of Salina. , District as defined by Section 3 (29-103) of Ordinance (Sec. I, Ord.4035. 3-28-31). No. 3188. (Sec. 2, Ord. 5130, 12-10-45. 29-502. That the following land in the City of Sa- 29-413. That the following land in the City of lina shall be and the same is hereby included in. added Salina shall be and the same is hereby excluded from the to and made a part of the "E" Heavy Industrial District, "C" Commercial District as defined by Section 5 as defined.by Section 7 (29-107) of-Ordinance No. 3188 (29.105) of Ordinance No. 3188 and said ordinance as and said ordinance as amended, and that said land may amended and said land shall be and it is hereby included be used for the purpose designated in Section 12 (29-112) in, added to and made a part of the "D" Light Indus- of said Ordinance No. 3188 as amended.subject, however, trial District, as defined by Section 6 (29-106) of Ordi- to such restrictions and regulations as hereafter provided Hance No. 3188 and amendments thereto, and that said for, to-wit: Lots 1 and 12, Surveyors Plat 31, except the land, may be used for the purposes designated in Section south 80 feet of the East 59 feet of said Lot 12, City of ll (29.111) of said Ordinance No. 3188 and amend- Salina, Saline County, Kansas. (Sec. 1, Ord. 5194, ments thereto, and such restrictions and regulations as 9-28-46). may be hereafter provided for, to-wit: Lots One (1), Three (3), Five (5), Seven (7). Nine (9). Eleven (II), 29-503. That the following land in the City of Sa- Thirteen (13), Fifteen (15), Seventeen (17), Nineteen lira shall be and the same is hereby included in, added to (19) and Twenty-one (21) in Block Three (3) in North and made a part of the "E" Heavy Industrial District, as Park Addition to the City of Salina. (Sec. 2, Ord. 5185, defined by Section 7 (29-107) of Ordinance No. 3188 9-16-46). and said ordinance as amended, and that said land may ARTICLE 5. Additions to"E"Heavy be used for the purpose designated in Section 12 Industrial District (29-112) of said Ordinance No. 3188 as amended, sub- ject, however, to such restrictions and regulations as here- 29-501. That the following described land within after provided for, to-wit: All of Lot Six (less twenty-five the City of Salina shall be and the same is hereby in- (25) square feet for an Historical Marker). Surveyor's eluded in, added to and made a part of the "B" Heavy Plat Seven (7) and Lou one (I) to eleven (11) in- Industrial District as defined in Section 7 (29-107) of elusive, Block Four (4)' Stack Place. all in the City of Ordinance No. 3188, and said ordinance as amended, Salina, Saline County, Kansas. (Sec. I, Ord. 5204, and that such land may be used for the purposes desig- 12-30-46). • • • • CHAPTER 30. REVISION MATTER 271 • CHAPTER 30. REVISION MATTER Said ordinances above repealed are hereby continued in Article 1L Revision Matter force and effect after the passage, approval and publica- tion of this Revision for the purpose of such rights, fines, 30-101. Repeal of General Ordinances: Exceptions penalties, forfeitures. liabilities and actions therefor. "30-102. Same; Exceptions 30-103. Defining Chapters, Articles, Sections, Refer- 30-103. Defining Chapters, Articles, Sections, Re- ences, Notes. The chapters, articles, sections. references, ferences, Notes and notes as set forth herein shall be and hereby are de- 30-104. Sections dared to be the chapters, articles, sections, references, 30-105. Validity - and notes to designate said provisions therein contained. 30-106. General Penalties The references and notes and statutory citations are not 30-107. Purpose of Catch-Heads part of this revision but are for information only. 30-108. Offices Saved 30.109. Adopting Revised Ordinances; Publication 30-104. Sections. Each part of this revision be- and Effective Date ginning with a number such as 1-101 shall be deemed a •30-110. Take Effect section though the word section or abbreviation is not used 30.101. Repeal of General Ordinances; Exceptions. and such sections may be amended by reference thereto and to "The Revised Ordinances of the City of Salina, All ordinances and parts of ordinances of a general na- Kansas, 1948." • tore passed prior to the passage of this ordinance, except ordinances passed as provided by the zoning statute are 30-105. Validity. Each chapter, article, section and hereby repealed, it being the intent and purpose of this subdivision of a section of this revision is hereby de- revision and this ordinance to constitute the matter here- dared to be independent of every other chapter, article, section or subdivision of a section, so far as inducement in contained the present general ordinances of the City of Salina, Kansas; Provided, however, that in construing for the passage of this ordinance is concerned; and the this provision the following ordinances shall not be con- invalidity of any chapter, article, section or subdivision sidered or held to be ordinances of a general nature to be of a section shall not invalidate any other chapter, ar- repealed hereby,to-wit. tide, section or subdivision of a section thereof. 1. Ordinances relating to the purchase and con- 30-106. General Penalty. Any person. firm or cor- demnation and appropriation of property for public use; potation, his or their agents or servants, who shall violate 2. ' Ordinances dedicating opening, widening, vacat- any.of the provisions of this ordinance not herein other- ing or narrowing streets, avenues, and alleys, and other wise specifically provided for, shall upon conviction there- highways; of, be/ fined in any sum not exceeding one hundred dol- 3. Ordinances establishing or changing grades of lars ($100.00). streets, avenues, alleys, and other public highways; 30-107. Purpose of Catch-Heads. The Catch-heads 4. Ordinances authorizing or directing public im- appearing in connection with the sections, articles, and • provements to be made; subsections, are inserted simply for convenience and they 5. Ordinances creating districts for public improve- shall be wholly disregarded by any person, officer, court, ments of whatever kind or nature; or other tribunal in construing the terms and provisions 6. Ordinances levying general taxes; of this ordinance. 7. Ordinances levying special taxes or assessments; 30-108. Offices Saved. No existing office, board or 8. Ordinances granting any rights, privileges, ease- commission or other official position requiring appoint- ments or franchises therein mentioned to any person, ment is abolished by this ordinance except such as are not firm or corporation. provided for herein, and unless ocher.provision is made 9. Ordinances authorizing the issuance of bonds the officers shall hold their offices as by law and ordi- and other instruments of indebtedness by the city; nance provided. 10. Ordinances pertaining to the' annexation, 30-109. Adopting Revised Ordinances; Publication vacation or exclusion of territory; and Effective Date. This ordinance hereby adopts the Provided, Further, that the above enumeration of ex- revised and codified ordinances and shall become ef- captions shall not be held or deemed to be exclusive, it festive upon publication in the book of ordinances en- being the purpose and intention to exempt from repeal titled "The Revised Ordinances of the City of Salina, any and all ordinances not of a general nature. Kansas, 1948" and said revision and codification shall 30-102. Same; Exceptions. The repeal of the ordi- become effective and constitute due passage and publica- nances as provided in Section 30-101 hereof shall not af- tion of all ordinances contained in said revision irrespec- fect any rights acquired. fines, penalties, forfeitures or tive of title upon publication of not less than fifty copies liabilities incurred thereunder, or actions involving any of the book of said revised ordinances. all as authorized of the provisions of said ordinances or parts thereof. and provided by G. S. 1947 Supp., 13-1423 and • ij 272 ORDINANCES OF THE CITY OF SALINA, KANSAS 13-2902 and ordinance No 5209 as amended by ordi- Signed this 19th. day of December, 1949. nance No 5401. 30-110. Take Effect. This ordinance designated as "The Revised Ordinances of The City of Salina,-Kansas, Attest: 1948," shall be in full force and effect from and after its MAYOR passage and publication in book form with not less than fifty copies of said book. CITY CLERK Passed by the Board of Commissioners this 19th. day of December, 1949. (SEAL) • • • • • • • • • • • • • • • • • • • • • APPENDIX 273 APPENDIX Bachtold's Plat. (Part Surv. Plat No. 10) Ord. • Schedules of Certain Special Ordinances 2481, 5-5-22. . . Beebe's•Addn. Ord. 247, 12-17-78.. A. Additions to the city Berg Addn. Sec. 6. Ord. 620, 1-16-88. B. Dikes Berk's Addn. Ord. 250, 1-20-79. C. Franchises Beverly Manor. Blks. 1, 2 and 3. Sec. 12, Ord. 1. Electric franchise 2. Gas franchise 3229, 3-27-26. 3. Motor bus franchise Beverly Manor, Block 5. Block 5, Beverly Manor 4. Telephone agreement Addition. (Sec. 1, Ord. 5353, 11-18-48) 5. Miscellaneous specials Bishop's Addn. (See Additions to Original Town- D. Frontage changes and replats site above) 7-5-70 E. Land owned by city Bishop & Blodgett's Addn. Ord. 131, 8-13-74. F. Park lands • Board of Education property. Commencing at cen- G. Railroads ter of Crawford Street at intersection of east line of Re- • H. Sewers-special permits plat of Wells Addition. (Sec. 3, Ord. 5353, 11-18-48) I. Streets and alleys Bond's Addn. Sec. 9, Ord. 522, 12-23-86. • 1. Naming and renaming • Braniff & Cravens Addn. Sec. 9, Ord. 610. 11-10- 2. Streets opened, widened or extended 87; Sec. 1. Ord. 1690, 11-18-12. 3. Alleys opened • 4. Streets vacated • Bristol's Addn. Sec. 2, Ord. 610, 11-10-87. • 5. Alleys vacated Brown's Addn. (Part Surv. Plat No. 10) Ord. 2481, 5-5-27. A.-ADDITIONS TO THE CITY Calkins Addn. 7-5-70, (See 7-202). Original townsite. Carroll's Addn. Ord. 96, 4-17-73. g (The original townsite of the • Casa Loma Manor. Sec. 1, Ord. 4756. 6-14-37. City of Salina consists of the Southwest quarter of Sec- tion 12, and the Northwest quarter of Section 13, Town- Chicago Addn. Sec. 3, Ord. 610, 11-10-87. ship 14 South, Range 3 West in Saline County, as shown College Court Addn. Sec. I, Ord. 3229, 3-27-26. by the certificate and plat thereof filed in the office of the College View Addn: Ord. 2316, 1-24-20. Register of Deeds in Saline County. on the 14th day of Crawford Addn. (Part Surv. Plat No. 10) Ord, April. 1862, and includes all of that part of the city 2481, 5-5-22. bounded by Front Street on the East. North Street on Country Club Heights. Sec. 3, Ord. 3254. 6-19-26. the North, Ninth Street on the West and South Street on the South.) Depot Addn. 7-5-70. (See Additions to Original Townsite above) Additions to original townsite. (The Board of Trus- tees of the Town of Salina on July 5th, 1870. in accord- Derrington's Addn. Ord. 253, 2-24-79. ance with the provisions of law then in effect, made an Dimick's Addn. (Part Lots 13 & 14 Surv. Plat No. order including as part of the Town of Salina and within 10) Sec. 10, Ord. 3229. 3-27-26. the corporate thereof all additions previously platted and East Gardens Addn. Sec. 2, Ord. 579, 7-15-87. recorded in the office of the register of deeds as additions Eberhardt's Addn. Sec. 18, Ord. 710, 11-10-87. to the Town of Salina. notice thereof having been pub- Episcopal Military Institute Addn. Ord. 726, 11- fished in the Salina Herald. July 23, 1870. The addi- 28-89. tions included by such order included Calkins Addition, Elmdale Addn. Sec. 8, Ord. 610, 11-10-87. (All Depot Addition, Jones Addition, Bishops Addition, Ab- west of Dry Creek vacated by Res. of City Council, and bort & Williams Addition and Hugger & Bishops Re- order of Co. Commissioners.) serve. Ernest & Rhodes Addn. Ord. 253, 2-24-79. The following sections refer to the ordinances by Evergreen Park Addn. Sec. 6, Ord. 3229. 3-27-26. which the additions therein named, or the lands subse- quently platted as such additions, were incorporated into Fairview Addn. (Part Surv. Plat No. ]0) Ord. the city limits of Salina. with the effective dates of such 2481, 5-5-22. ordinances.) Fruitland Addn. Sec. 11. Ord. 610. 11-10-87. Abbott & Williams Addn. (See Foregoing) 7-5-70 Garden Home Addn. Sec. I,. Ord. 3843, 4-5-30; Atherton & Phillips Addm Sec. 1, Ord. 553, 5-25-87 (excluded from city limits Ord. 2417, 2-3-32). Addn. to Kansas Wesleyan University Grounds. Sec. Geis' Addn. Ord. 138, 10-8-74. 25. Ord. 610, 11-10-87. Glennifer Hill Addn. Sec. 16, Ord. 610, 11-10-87. • • 274 ORDINANCES OF THE CITY OF SALINA, KANSAS ' Golden Belt Subdivision Blk. I. Sec. 5, Ord. 3328, Ninth St. Plat. (Part of Surv. Plat No. 10) Ord. 2.5-27. 248!, 5-5-22. Grounds of Kansas Wesleyan University.' Ord. 526, North Park Addis. Sec. 6, Ord. 610, 11-10-87. 2-21-87. Oakdale Park. (That part previously included in Hoffa's Addn. Sec. 1. Ord. 610, 11-10-87. the city limits). Sec. 2,Ord 553, 5-24.89. Hudson's Addn. Sec. 14, Ord. 610, 11-10-87. Oakdale Addn. Ord. 239, 10-24-78. Highland Court Addn. (Including city park) Ord. Pacific Addn. Sec. 10. Ord. 522. 12-23-86. 2188, 6-3-18. Park View Addn. Sec. 7. Ord. 3229, 3-27-26. Hollands Addn. Ord. 323, 2-24-81. Phillips East Salina Addn. Ord. 554, 5-24-87. (All Hughes Addn. Sec. 5, Ord. 610, 11-10-87. that portion lying east of the east boundary of Delaware • Hutchinson's Addn. Sec. 21, Ord. 610, 1I-10-87. Ave. later platted as Surv. Plats 7 and 8, excluded from city limits. Ord. 2271, 7-12-19) Hugger & Bishops Reserve. (See Additions to On- Phillips 2nd Addn. Ord. 254. 2-24-79. • ginal Townsite above) Jones Addn. 7-5-70 (See Additions to Original Pleasant View Addn. Sec. 5, Ord. 3229, 3-27-26. Townsite above) Prescott Addn. Ord. 323, 2-24-81. Kansas Wesleyan University. The Addn. to. Sec. J• C. Rash & Sons Addn. Sec. 15. Ord. 610, 11- 25, Ord. 610, 11-10-87. 10-87. . Kansas Wesleyan University, Grounds of. Ord. 526, Replat of Beebe's 2nd Addn. Ord. 323, 2-24-81. 2-21-87. Replat of Powers Addn. Ord. 253. 2-24-79. Kenwood Park. Ord. 2217, 10-12-18. Riverside Addn. Sec. 8, Ord. 522, 12-23-86. Leavenworth Addn. Sec. 7, Ord. 610, 11-10.87. Riverview Addn. Sec. 23, Ord. 610, 11-10-87. (Part west of Dry Creek excluded from city limits Ord. Santa Fe Park Addn. Sec. 3, Ord. 620, 1-16-88. 4323). Seitz Addn. Ord. 253, 2-24-79. Leavenworth Addn. (Part of Park No. 3 and part Seitz 2nd Addn. (Part of Surv. Plat No. 10) Ord. of Blk. 10 & 11 lying west of center of original'channel 2481. 5-5-22. of Dry Creek and east of center of Dry Creek north Smiths Addn. Ord. 253, 2-24-79. of Walnut Sc). Sec. 2, Ord. 4756. 6-14-37. Smith & Colvard's Addn. Sec. 1, Ord. 522, 12- Lill Addn. Sec. 1. Ord. 533, 5-25-87. 23-86. Logan Addn. Sec. 19,Ord. 610, 11-10-87. Southern Heights Addn. Sec. 4, Ord. 3229, 3-27-26. Lunkenheimer's Addn. Sec. 4, Ord. 610, 11-10-87. Southern Park Addn. •Sec. 6, Ord. 522. 12-23-86. Maple Grove Addn. Ord. 253. 2-24-79. (Part of land included in Replat of Blk. 5 South Park • Military Addn. Sec. 24, Ord. 610. 11-10-87. (Parts Addn. described as commencing at NE corner of Lot 5, of this addition were vacated at various times. See ref- Block 5, thence west 886 ft. thence north 96.6 ft. thence • erence to notes on original plat filed in office of Register east 886 ft., thence south 100 ft. to place of' beginning, of Deeds, Sept. 26, 1887, and Res. of City Council included in the city limits by Sec. 1, Ord. 620, 1-16-88). passed Feb. 17, 1913. Part of vacated portion later Southview Adds.. (Land later platted as) Sec. 12. platted as Tucker's Park and Episcopal Military Institute Ord. 3229. 3-27-26. Addn.) Stack Place. Sec. 3, Ord. 3229, 3-27-26. Morris'Addn. Sec. 1, Ord. 579, 7-15-87. Stack Place, Blks. 5, 6, 7 & 8. Sec. 6, Ord. 3627. Morrison's Addn. Sec. 2, Ord. 522, 11-23-86. (That 12-10-28. • part of said addition lying between Ninth Street and the Sunny Side Addn. Sec. 20, Ord. 610, 11-10.87. west line of Twelfth Street in Phillips Second Addn. ex- Sweeneys Addn. (Land later platted as Ord. 253, tended south. was previously incorporated in city limits 2-24-79) by Ord. 353. 2-24-89). Thomas Park. (Tract known as Thomas Park in- Morrison's 2nd Addn. Sec. 7. Ord. 522. 12-23-86. corporated in city limits by Sec. I, 2, Ord. 4588, 12-2-35. Morrison's 3rd Addn. Sec. 12, Ord. 610. 11-10-87. (See 17-601). Mt. Barbara Park Addn. Sec. 1, Ord. 3328, 2-5-27. Thomas White Farm. Subdivision of, Part Lot 2. Mt. Calvary Cemetery. (Part lying north of south (Lying south and east of Smoky Hill River) Sec. 1, Ord. line of Lot 7. Mt. Barbara Park Addn. extended east). 3627, 12-10-28. Sec. 3, Ord. 3328, 2-5-27. Tucker Park. Sec. 1, Ord. 2028, 3-17-17. (By or- Neeley's Addn. Sec. 3, Ord. 522, 12-23-86. der of Co. Commissioners June 4, 1917. that part of • • • APPENDIX 275 Tucker Park described as Lot 13 and 14 in Blk. 2 lying Plat 8. Lots 2, 3,4, 6, 7 & 8. Sec. 8,Ord. 3229. west of west line of 11th Sr. extended north and lying Plat 8. Lots 9. 10, 11 & 12. Sec. 9. Ord. 3229, • north of south line of Antrim St. extended west and 3-27-26. lying east and south of Dry Creek west excluded from Plat 8. Lots 13, 14, 15, 16, 17, 18 & 19. Sec. 2. corporate limits of Salina and vacated as a part of Ord. 3239, 4-29-26. Tucker Park). Plat 8. Lot 20. Sec. 5, Ord. 3627, 12-10-28. University Addn. Ord. 436, 2-24-85. Plat 8. Lot 21. Sec. 4, Ord. 3627, 12-10-28. VanTrine's Addn. Sec. 3, Ord. 610, 11-10-87. Walker Addn. (Land later platted as Sec. 1. Ord. Nat 8. Lot 22. Sec. 3, Ord. 3627, 12-10-28. 553. 5-25-87. Plat 8. Lot 23 & 24. Sec. I. Ord. 3372, 5-4-27. Walnut Grove Addn. Sec. 2, Ord. 3229, 3-27-26. , Plat 10. (Except Blk. 13 & 14) Ord. 2481. 5-25- Weaver's Addn. Sec. 4, Ord. 522, 12-23-86. 22. Now includes Blk. 2 & 4 Surv. Plat No. 10; Seitz Weaver's 2nd Addn. Sec. 4. Ord. 522, 12-23-86. 2nd Addn. 9th St. plat; Bechtold Plat, Fairview Addn; Browns Addn; and Crawford Addn. Wellington's Addn. Sec. 5, Ord. 522, 12-23-86. Plat 10. Blks. 13 & 14 (Now Dimicks Addn.) Sec. Wells Addn. Sec. 10, Ord. 610, 11-10-87. 10. Ord. 3229, 3-27-26. West Evergreen Park Addition. West Evergreen Plat 12. Lots 2, 3. 4, 5, 8, 9, 10, 1l & !2, Sec. II. Park Addition. (Sec. 2, Ord. 5353, 11-18-48) Ord. 3229. 3-27-26. West Park Addn. Sec. 17. Ord. 610, 11-10-87. (Va- Plat 12. Lot 6, Sec. 7, Ord. 3627. 12-10-28. cated and excluded from city limits Ord. 1360, 1-21-07). Wights Addn. (Land later platted as) Sec. 1, Ord. Plat 18. Lot 2, Sec. 2, Ord. 3627, I2-10-28. 553. 5-25-87. Plat 34. Lot I. Sec. 1, Ord. 3254. 6-19-26. Wilsons Addn. (That part lying between Park St. Plat 34. Part of Lot 2 lying north of center line of and Ash St. and between 11th St. and 13th St.) Ord. Stapler Ave. extended east. Sec. 2. Ord. 3328. 2-5-27. 461, 9-11-85. Plat 34. Part of Lot 2 lying south of center line of Wilson Addn. Sec. 11, Ord. 522. 12-23-86. Stapler Ave. extended east. Sec. 2. Ord. 3843, 4-5-30. Woodland Addn. (That part now in city limits was Plat 34. Lot 3, Sec. 2, Ord. 3254 6-19-26. originally'platted as Jones Addn.) See Additions to Ori- part of 81/2 NEt/a Sec. 18-14-2 (33' x 1320' lying ginal Townsite above. south Lot 2 Surv. Plat 34) Sec. 3, Ord. 3843, 4-5-30. Surveyors Plat•A. (Land later platted as) Ord. 253, Pan of S'/x NEt/n Sec. 18-14-2 (1172.16' x 330' east 2-24-79. of Iowa Sr. at east end of Gypsum Ave.) Sec. 4. Ord. Surveyors Nat B. (Land later platted as) Ord. 253, 3843, 4-4-30. 2-24-79. Part Sec. 1-14-3 (255' x 480' lying between Blk. 1 Surveyors Plat C. Lots 1 to 16 inclusive in territory Golden Belt Subdivision and Blk. 6. East Military Insti- incorporated in city limits by Sec. 2, Ord. 620, 1-16-88. Lute Addn, on north side of Pacific Ave.) Lot IT Sec. 5 of same Ord. Part of SW 1/4 NW 1/4 Sec. 1-14-3. (Part lying north Surveyors Plat D. (Land later included in plat) Ord. of College Court Addn. Sec. I, Ord. 3785. 9-28-29. Ex- .323, 2-24-81. eluded from limits Ord. 4107. 9-21-31) Surveyors Plat E. (Land later included in plat) Sec. . 4. Ord. 620. 1.16-88. Part of SW'/a.I1-14-3. (Adjacent•to Blk. 10 Chicago Addn. between center of original channel of Dry Creek Surveyors Plat F. (Part of which was later replatted and center of Dry Creek cur-off channel). Sec. 3, Ord. as College View Addn.) Ord 2316, 1-24-20. 4756. 6-14-37. Surveyors Plat G. (Land later platted as) Sec. 1, Ord. 553, 5-25-87. Part of NE'a NW t/4 11-14-3. (Between center Dry Plats 7 & 8. (Being that part of Phillips East Salina Creek and Who-37. a St..north of North Sr) Sec. 4. Ord. 4756, 7-I4-37. Addn. lying east of east line of'Delaware Ave. excluded from city limits, Ord. 2271, 7-12-19). Part of Stz N1/2 E'a 12-14-3 (Triangular tract between North St. & Mo. Pat Rwy., west of Ohio St.) Plat 7,Lot I. Sec. 3,Ord. 3641, 1-3-29. Sec. 13, Ord. 3229. 3-27-26. Plat 7, Lots 2, 3, 4 & 5. Sec. 2. Ord. 3641, 1-3-29. Part of N'h N% Se 1/4 Se 1/4 23-14-3. (Now South- Plat 7, Lot 6. Sec. 1. Ord. 3641. 1-3-29. view Addn. & Blk. 1, 2 & 3 Beverly Manor and tract Plat 8. Part of Lot I lying south of north line of 100' x 120' in NE cor. of SW'/ south of Jewell Ave. Sec. 18-14-2. Sec. I, Ord. 3239, 4-29-26. & east of Pershing). Sec. 12, Ord. 3229, 3.27-26. 276 ORDINANCES OF THE CITY OF SAUNA, KANSAS - 22.91 acres unplatted. Commencing in center line distribution lines and mains and other equipment and of Front Street at its intersction with the North line of property necessary to carry on the business of distributing the Southwest quarter of the Northeast Quarter of Sec. and selling natural gas and electricity for all purposes to 24, Twp. 14, South, Range 3 west of 6 P. M. in Saline the City of Salina, Kansas, and its inhabitants, and County. (Sec. 4, Ord. 5353, 11-18-48) through said City and beyond the limits thereof; to ob- tain said electricity and natural gas from any source B.—DIKES available; and to do all things necessary or proper to Ord. Date Dike carry on said natural gas and electric business in the 1279 9-25-05 Dike east of Dry Creek in Elm City of Salina,Kansas. Dale Addition Section 2. As a further consideration and as corn- 1303 4-17-06 Dike at crossing of Dry Creek pensation for the granting of this franchise, and in and Missouri Pacific right-of- lieu of' city occupation and licenses taxes, the company way shall pay to the said City two per cent (2%) of its gross 3820 1-15-30 Dry Creek dikes revenue from the sale of natural gas, and three per cent (3%) of its gross revenue from the sale of electricity, to C.—FRANCHISES all consumers within the limits of said City, which pay- . ments shall be made annually as soon as possible after • I. and 2. Electric and Gas Franchise each anniversary of the effective date of this franchise. 3. Motor Bus Franchise The said payments shall be accompanied by a statement 4. Telephone showing the gross revenue of Company from the sale of 5. Miscellaneous specials natural gas and electricity within the limits of the said I'.and 2.Electric and Gas Franchise City for the twelve month period covered by the payments (Published in the Salina Journal March 30, 1949) hereunder. In event Company shall hereafter agree to pay any other City supplied with electricity and gas by ORDINANCE NO.5364 Company, any percentages of gross revenue in excess of AN ORDINANCE granting to the Kansas Power and the percentages herein provided, Company shall in- Light Company, a Kansas corporation, its successors crease the percentages to be paid to the City hereunder and assigns, an electric and natural gas franchise, pre- to the same percentages agreed to be paid such other scribing the terms thereof and relating thereto, and re- City. pealing all ordinances or parts of ordinances inconsist- Section 3. That the Company, its successors and • ent with or in conflict with the terms hereof. assigns, in the construction, maintenance, and operation WHEREAS, The Kansas Power and Light Company, of its electric and natural gas transmission and dis- a Kansas corporation, hereinafter sometimes designated tribution properties, shall use all reasonable and proper as "Company", owns and operates a system for the trans- precaution to avoid damage or injury to persons or mission of electric current between two or more in- property. and shall hold and save harmless to the City corporated cities in the State of Kansas, into and through of Salina, Kansas, from any and all damage, injury and which it has built transmission lines, and owns and is expense caused by the negligence of Company, its suc- • now operating a system for the distribution of electricity cessors and assigns, or its or their agents or servants. in the City of Salina,Kansas; and Section 4. All natural gas services, mains and pipe WHEREAS, the said Company also owns and operates which shall be laid or installed under this grant shall be a system for the transmission of natural gas in the State so located and laid as not to obstruct or interfere with of Kansas, and owns and is now operating a system for any water pipes, drains, sewers or other structure al- the distribution of natural gas in the City of Salina, ready installed. Kansas; Section 5. Company shall, in the doing of any work NOW THEREFORE, BE IT ORDAINED BY THE in connection with its said natural gas mains, pipes and GOVERNING BODY OF THE CITY OF SALINA, services, avoid. so far as may be practicable, interfering KANSAS: - with the use of any street, avenue, alley or other public Section 1. That in consideration of the benefits to thoroughfare, and where Company disturbs the surface be derived by the City of Salina, Kansas, and its in- of a street. alley, avenue or other public thoroughfare, habitants, there is hereby granted The Kansas Power it shall at its own expense and in a manner satisfactory to the duly authorized representatives of the City replace and Light Company, its successors and assigns, the right, privilege and authority for the period of twenty (20) such paving or surface in substantially as good condi- years from the effective date of this ordinance to occupy condi- tion as before such work was commenced. • and use the several streets, avenues, alleys, bridges, parks, Section 6. It is recognized that the natural gas to parkings, and public places of said City, for the placing be delivered hereunder is to be supplied from Company's and maintaining of electric and gas transmission and pipe line system transporting natural gas from distant APPENDIX I 277 sources of supply; and the Company, by its acceptance of' 1. The word 'grantee" shall be deemed to refer to this franchise as hereinafter provided, does obligate and include Enoch B. Harris and H. G. Angwin, doing itself to furnish natural gas in such quantity and for business as Salina Transit Company, a partnership, and such length of time, limited by the terms hereof, as the their successors,assigns and lessees. said sources and said pipe lines are reasonably capable 2, The word "person" shall include persons, partner- of supplying. ship, corporation, association and all other persons or Section 7. The rates to be charged and exacted combination of persons, either natural or artificial by from the City of Salina, and its inhabitants, and the whatever name he or they may be called. rules and regulations with reference to the character, - 3. The term "street" or "public highway" shall in- quality and standards of service to be furnished by said dude all public streets, avenues, boulevards, roads, alleys, Company shall be under the jurisdiction and control of parks, parkways, drives and all other public ways used such regulatory body, municipal or otherwise, as may for vehicular traffic in the City of Salina. from time to time during this grant be vested by law 4. The word "franchise" shall include all grants, with authority and jurisdiction thereover. rights, privileges or franchises granted by this ordinance. Section 8. That within sixty (60) days from and 5. The term "motor bus" shall include all the w- after the passage and approval of this ordinance, Com- hides in operation o r put in operation under this pany shall file with the City Clerk of the City of Salina, franchise by the grantee with all the necessary appurten- Kansas, its unconditioned written acceptance of this antes for the purpose of supplying and providing pas- ordinance. senger transportation accommodations and other pur- Section 9. That this ordinance shall become ef- poses to the City of Salina and the inhabitants thereof fective and be in force and shall be and become a binding and located within the City of Salina,Kansas. contract between the City of Salina, Kansas, and the Kansas Power and Light Company, its successors and as- 6. The word "City" shall refer to the City of Salina, signs, after its passage, approval and publication as re- Kansas, the grantor herein. quired by law, and acceptance by said Company. Section 2. Franchise Period. That under the terms Section 10. This franchise is granted pursuant to and conditions set out in this ordinance there be and the provision's of Section 12-824 G.S. Kansas, 1935. there is hereby granted to Enoch B. Harris and. H. G. Angwin, doing business as Salina Transit Company, a • Section 11. That any and all ordinances or parts partnership, and their successors, assigns and lessees. the of ordinances in conflict with the terms hereof are hereby right, privilege or franchise for a period of eight (8) repealed. years from the date upon which this ordinance becomes Passed and approved this 28th day of March, 1949. effective for the operation of a system of motor busses (SEAL) for the transportation of passengers for hire over, upon, A. W. STEDHAM along and across certain streets and public highways in Attest: Mayor the City of Salina, Kansas, hereinafter designated, and CHAS. E. BANKER such other streets as may be hereafter designated in the City Clerk manner herein provided for the purpose of furnishing 3. Motor Bus Franchise and supplying motor bus transportation accommodations to and from various parts of said city to said city and (First published in the Salina Journal July 30,Aug. 6, the inhabitants thereof. 13, 1947) Section 3. Routes. The streets and highways over ORDINANCE NO.5237 which said grantee shall operate motor busses until AN ORDINANCE granting to ENOCH B. HARRIS changed, modified or extended as herein provided for are and H. G. ANGWIN. doing business as Salina Transit as follows: Company, a partnership, and their successors, assigns (a) Route 1. Santa Fe Avenue. Commencing at and lessees, a franchise for the operation of a motor bus Santa Fe Avenue and Claflin Avenue; thence west to transportation system in the City of Salina, Kansas, and Ninth Street, thence north to Minneapolis Avenue; repealing Ordinance No. 4551 and all other ordinances thence east to Santa Fe Avenue; thence north to Otis of the City of Salina supplemental or amendatory thereto Avenue; thence west to Ninth Street, thence south to Elm or in conflict with this ordinance. Street; thence east to Santa Fe Avenue; thence south to BE IT ORDAINED BY THE BOARD OF COM- Claflin Avenue. MISSIONERS OF THE CITY OF SALINA, KANSAS. (b) Route 2. Sunset Park-Marymount. Commenc- Section 1. Definitions. Unless inconsistent with the ing at Iron Avenue and Marymount Road; thence west to context, the words, terms and phrases used 'in this ordi- Ninth Street; thence south to Walnut Street; thence west nance, for the purpose of this ordinance, shall be defined to Eleventh Street; thence south to Republic Avenue; and construed as follows: thence west to Highland Circle; thence south to Sunset • • 278 ORDINANCES OF THE CITY OF SALINA, KANSAS Drive; thence west to Funston Street; thence north on (a) Route 1. Santa Fe Avenue. Hours of Service; Funston and Sheridan Streets to Crawford Avenue; 6:00 A. M. to 11:00 P. N. Headways or inter- thence east to Eleventh Street; thence north to Walnut vals of service: 20 minutes. Street; thence east to Ninth Street; thence north to Iron (b) Route 2. Sunset Park-Marymount. Hours of Avenue; thence east to Marymount Road. Service: 6:00 A. M. to 11:00 P: M. Headways (c) Route 3. Iron Avenue. Commencing at Iron or intervals of service: 20 minutes. • Avenue and Ohio Street; thence north to Ash Street; (c) Route 3. Iron Avenue. Hours of Service: thence west to Columbia Avenue; thence north to Elm 6:00 A. M. to 11:00 P. M. Headways or intervals Street; thence west to Penn Street; thence south to Iron of service: 30 minutes. Avenue; thence west to Eleventh Street; thence north to Provided that hours of service on Sundays and holidays State Street, thence west to Thirteenth Street; thence shall be from 7:00 A. M. to 11:00 P. M. on each of north to Bishop Street; thence west and south on Bishop said routes. Street and College Avenue to South Street; thence east to Baker Street; thence north to Iron Avenue; thence east During rush hours the grantee may operate additional to Front Street; thence south to Gypsum Avenue; thence busses on any routes to provide additional service at more east to Ohio Street; thence north to Iron Avenue. frequent intervals. Section 4. Change of Routes. That with the con- Provided that the hours of service and the minimum sent and approval of the governing body of the City of scheduled headways or intervals of service on any route Salina. said grantee shall have the right to change. alter hereafter altered or changed, or any route hereafter or abandon any or all of the routes specifically described established, shall be fixed in the resolution so in Section 3 of this ordinance and to establish, operate altering, changing or establishing such route and pro- and abandon such additional routes as may be deemed vided further that should the grantee desire to alter or necessary or proper from time to time for the change the minimum hours of service or scheduled Y P p purpose of headways of any route established by this ordinance or furnishing to the City of Salina and its inhabitants con- hereafter established so as to increase the scheduled venient and adequate transportation facilities and to change and alter any schedule or service and the hours headways or intervals of service on any such routes, or to of service on any route established by this ordinance or decrease the hours of service, no such alteration or hereafter established as herein provided for. The con- change shall be made without the consent and approval sent and approval of the of the governing body of the City of Salina and as ro- pe governing body of the City of vided by law. p • • Salina to any such change, alteration or abandonment of any routes established by this ordinance or the establish- Section 7. Traffic Rule Obeyance. That all motor ment, alteration or abandonment of any additional routes busses operated by said grantee under the provisions of hereafter established or the alteration or change of any this ordinance shall be operated subject to the provisions schedules herein or hereafter established shall be evi- of any traffic ordinance and laws of said city and of the dented by a resolution adopted by the governing body State of Kansas now in force or hereafter enacted so far • of said city and published in the manner and form re- as the same refer to motor vehicles except to the extent quired by law. that the requirements in connection with the operation Section 5. Charter Trips. That said grantee shall of such busses with respect to crossing and turning at in- have the use of all streets and public highways in the tersections. in drawing to or stopping at curbs and other City of Salina for the carriage of charter parties and for necessary movement in connection with the operation of the furnishing of special transportation service to the said busses may conflict with the specific provisions of public to and from fairs, athletic events and other places any such ordinance. of public amusement or entertainment not located on Section 8. Type of Vehicle. That the motive pow- regularly established routes of said grantee. Provided, er for the motor busses operated by the grantee under that in the event the grantee is unable at any time to use this ordinance shall be internal combustion engines using any regularly established route on account of the tem- gasoline or other suitable fuel or electric motors, pro- porary obstruction of such route by reason of public im- vided, however, that in the event of the discovering or provements or other construction work being done on use of any other motor power suitable for such purposes, said route or by reason of any other temporary obstruc- said grantee may use the same in the operation of said tion, grantee may operate such route temporarily over busses. any other available street until such temporary obstruc- Section 9. Compensation. That in consideration of tion is removed. and as compensation for the franchise hereby granted Section 6. Schedule. The minimum schedule head- and in lieu of all occupation and license taxes, or other ways or intervals of service and hours of operation of taxes imposed by said city. the grantee shall pay to said the routes established by this ordinance shall be as city, each year the sum of $30.00 per year, per bus, follows: for the number of busses regularly operated on the es- • APPENDIX 279 . tablished routes of said grantee, including the regular where it is necessary for the passenger to use more than bus, if any, serving,the Smoky Hill Army Air Field, us- one of said designated routes to reach his destination, ing in part the public streets of the City of Salina. Such but no such transfer shall be good for passage upon any sums shall be paid by the grantee to the city in two equal route by which the passenger may return substantially to installments on the first day of January and the first day his point of origin. of July of each year. the first installment to be paid at Section 11. Maintenance of Busses. The grantee the time operations are commenced under the terms of shall equip all motor bus routes established by this ordi- this ordinance for the remaining part, pro rated, of the nance or hereafter established with busses adequately semi-annual period in, which such date occurs. If by lighted and heated to provide for the comfort and reason of the establishment of additional routes or by safety of passengers and keep the same in a good state reason of change in headways or intervals of service on of repair, and at all times during the existence of this any route. the number of busses regularly used in.operat- franchise, all busses and equipment used by the grantee ing said motor bus system is increased, the grantee shall shall be kept painted and in good repair and provided pay for each such additional bus at the'rate herein es- with good and sufficient lights and brakes which shall tablished, pro rated to the end of such semi-annual at all times be kept in proper working condition, and said period, the first installment to be paid the time any busses shall be kept in a clean and sanitary condition. such change is made, which shall cover the semi-annual Section 12. Loading Zones. The city shall cause - period ending on December 3I or June 30 in which such to be set aside and properly marked and designated as change is made. bus zones in the business district of Salina certain parts Section 10. Fares. The maximum fares upon any of the streets along the route of said bus system, at inter- regular line or route of said motor bus transportation setting streets, for the accommodation of busses in system for one continuous passage in the same direction taking on and unloading passengers. Such bus zones within the limits of said city including transfer to a con- shall be established at the right hand curb of any such ' netting route (as hereinafter provided for), shall not street and at the far side of the intersecting street, exceed the following: and in the business district where such zones are so es- For persons over 12 years of age, each single fare 10 tablished and marked. busses shall not stop for taking on cents; provided that tokens, tickets or coupons shall be and unloading passengers at any place other than such issued, on demand, by the grantee for the carriage of' established and marked bus zones. such persons at the rates: In residence districts and where bus zones have not a. Tokens, 4 for 25 cents;and been regularly established and marked. such busses shall b. Tickets, 16 for$1.00 stop for loading available passengers and unloading pas- . For children under the age of 13 years, 5 cents; pro- sengers at the right hand curb of each intersecting street sided the grantee shall issue on demand, tickets for the along which such route runs and at whichever side of the carriage of such persons at the rate of 30 for $1.00. intersecting streets along such route as is most practical provided that no fare shall be charged for a child in under the circumstances and conditions there existing. arms, under 5 years of age, when carried by a fare-pay- Section 13. Grantee to Protect City. Grantee by ing passenger. accepting the provisions of this ordinance hereby agrees to hold the City harmless from any and all claims for And provided further. that the grantee may sell at damages' and suits for damages growing out of or re- grantee's office or other place designated by grantee, suiting from the operation of motor busses of the grantee tokens, or commutation books of tickets or coupons in in said city except such as may result from or be caused quantities, to students, or other classes of passengers. for by the act of said City a less sum per coupon, tickets, or token, than the above y ry or its agents, servants or employees. specified, at the discretion of the grantee. All other Section 14. Insurance. Grantee agrees to carry books of tickets or coupons, and tokens, herein specifical- public liability and property damage liability insurance ly authorized, shall be available for purchase by pas- on all busses operated under the provisions of this fran- sengers from the drivers of busses operated by the chise, which insurance shall be written by some reliable insurance company to be approved by the governing grantee. • body of said city, and which shall be in the amount of Provided further, that letter carriers for the Post not less than $15,000.00 covering personal injury liability Office Department of the United States, while actually to any one person in any one accident. and not less than on duty in making, or returning to the Post Office after $50,000.00 maximum personal injury liability for any making deliveries, shall be allowed to ride free. one accident, and in the amount of at least $5,000.00 The grantee shall furnish transfers without charge property damage liability resulting from any one acci- upon the payment of one fare for transfer from one dent. Such policy or policies shall be in the usual form route to another, good for continuous passage in the of automobile liability insurance policies and shall be de- same direction on the next available connecting bus posited with the City Clerk of said city as evidence that • 280 ORDINANCES OF THE CITY OF SALINA, KANSAS such liability insurance is being carried by grantee, and Provided, that if any part of this ordinance is held to be any such policy shall provide, by endorsement attached invalid for any reason by the final judgment of any court - thereto, that it shall not be cancelled by the company is- of competent jurisdiction, such judgment shall affect only suing the same except upon ten days notice to the City that portion of this ordinance so adjudged to be invalid Clerk of said city, unless another policy is filed with the and shall not affect the validity of any remaining portion City Clerk within such time. of this ordinance. Section 15. Forfeiture. If the grantee shall at any First read in full at a regular weekly meeting on time fail, neglect or refuse to obey and comply with any July 14th. 1947 of the provisions of this ordinance for a period of fif- Read in full at regular weekly meeting on July 21st, teen days after written notice is given to grantee by said 1947 city of any such claimed failure, neglect or refusal, un- less prevented from obeying or complying with the,same Read in full and finally passed at regular weekly by reason of strikes, riots. breakdowns, or by Act of God meeting on July 28th, 1947 or any unforeseen casualty or by reason of destruction of AL NOYCE its property by inevitable accident, or by any act of the Mayor city in violation of the terms of this ordinance, or by in- Attest: CHAS E. BANKER junction or other legal proceedings, grantee shall forfeit City Clerk all rights, powers and privileges granted by this ordinance by: HAROLD E. PETERSON and the same shall be null and void; provided it shall Deputy City Clerk have been decreed by the final judgment of the District Court of Saline County, Kansas. or any other court of. 4. Telephone competent jurisdiction that such forfeiture should be (Published in the Salina Journal May 3rd, 1941) decreed and this ordinance deemed to be null and void ORDINANCE NO. 4997 by reason of the unexcused failure or refusal of the grantee to comply with or obey the provisions hereof. AN ORDINANCE defining the manner and place Section 16. Repeal. That Ordinance No. 4151 of of construction of the lines of the Southwestern Bell the City of Salina, Kansas, and any amendments there- Telephone Company and prescribing the terms and con- to, and all other ordinances of the City of Salina or parts ditions under which said lines shall be constructed, re- thereof in conflict herewith, or which are supplemental constructed and maintained. and providing for compen- to or amendatory of said Ordinance No. 4551, shall be sation to be paid the City of Salina, Kansas. by the and they are hereby repealed. provided that said repeal Southwestern Bell Telephone Company. BE IT OR- shall not take effect until this ordinance is fully in ef- DAINED by the Board of Commissioners of the City of fect in accordance with its terms. Salina, Kansas. Section 17. Transfer of Franchise. That the f ran- Section I. Agreement. The Southwestern Bell Tele- chise hereby granted may be transferred and assigned phone Company, its successors and assigns (herein re- by the grantee herein or its successors or assigns; and that ferred to as "Telephone Company") shall for the period in the event of such assignment all of the rights and of time and subject to the provisions and requirements privileges herein granted and conferred and all of the herein set forth, continue to operate its telephone system obligations hereby imposed shall inure to the benefit of in the City of Salina, State of Kansas (herein referred to and be binding upon such assignee or assignees. as "City"). The plant. construction and appurtenances used in or incident to the giving of telephone service and Section 18. Acceptance. That this ordinance shall • to the maintenance of a telephone business and system not be effective unless within thirty days after it is by the Telephone Company in said city shall remain as finally passed and published according to law,said grantee • con- shall file with the City Clerk of the City of Salina its now constructed, subject to such changes as may be con- sidered necessary by the City in the exercise of its inherent acceptance in writing of this ordinance and of the terms, conditions and provisions hereof. powers, and by the Telephone Company in the conduct of its business, and said Telephone Company shall con- Section 19. Passage. This ordinance shall beread rinue to exercise its right to place. remove, construct and in full at three regular weekly meetings of the Board of reconstruct, extend and maintain its said plant and Commissioners of the City of Salina and immediately appurtenances as the business and purposes for which' after its final passage, shall be published in the official it is or may be incorporated may from time to time re- city paper once a week for three consecutive weeks, and quire, along, across, on, over, through, above and under after such passage and publication, and after its accep- all the public streets, avenues, alleys, bridges, and public ranee in writing by grantee has been filed as herein pro- grounds and places within the limits of said city as the vided for, shall take effect and be in force at the ex- same from time to time may be established, subject to piration of sixty days from the date of its final passage. ' such regulations, limitations and conditions as the city • • APPENDIX 281 may prescribe by ordinance as or may be set forth herein. to trim ,trees upon and overhanging the streets, alleys. Section 2. Plant Requirements. That said telephone sidewalks and public places of the said city, so as to pre- plant shall be constructed, maintained and built in such vent the branches of such trees from coming in contact a manner as not to discommode or injure the traveling with the wires and/or cables of the Telephone Company, public, or other persons, or property, and shall be con- all of such trimming to be done subject to all of the pro- structed. reconstructed, operated and maintained in such visions of law or ordinances relating to trees and under a manner as to comply with the rules and regulations the supervision and direction of the governing body of prescribed by the governing body of the city or by the said city, or of any city official to whom said duties have Corporation Commission of the State of Kansas insofar been or may be delegated. as such,commission has jurisdiction. Section 7. Electric Wires. Nothing in this ordinance Section 3. Restoration of Streets. In the event the contained shall be construed to require or permit any surface of any street, alley, highway or public place is electric light or power wire attachments by the city or disturbed by the Telephone Company in building, con- for the city. If light and/or power attachments are strutting, renewing or maintaining its telephone plant desired by the city or for the city, then a further separate and system, the Telephone Company shall restore said noncontingent agreement shall be a prerequisite to such streets, alleys. highways or public places to their original attachments. Nothing herein contained shall obligate condition in a reasonable time after the completion of the or restrict the Telephone Company in exercising its right work. and upon the acceptance of said work to the saris- to voluntarily enter into pole attachment, pole usage, faction of the proper city officials the maintenance of joint ownership, and other wire space and facilities said streets shall become the duty of the city.. No street, agreements with light and power companies and with alley, highway or public place shall be encumbered for other wire using companies which may be privileged to a longer period than shall be necessary to execute the operate within the city. work, and the Telephone Company shall and it does Section 8. Compensation. In consideration of the agree to protect and save harmless the city from all execution of this ordinance, the Telephone Company damages or claims for damages or liability arising out of shall pay to the City the sum of Four Thousand the performances of any such work or the negligence or ($4.000.00) Dollars on the first day of January 1947. claimed negligence of the Telephone Company or its and a like sum on the first day of January annually agents, servants, or employees. thereafter for a term of four (4) years from and after Section 4. Service. The Telephone Company shall non, unless terminated as provided in Section 10 of January I, 1947, and for successive periods of like dura- maintain its system in reasonable operating condition said Ordinance No. 4997 as amended in Section 2 here- at all normal times during the continuance of this ordi- of; said payments to be in lieu of all other licenses, . Hance. An exception to this condition is automatically charges, or fees of any kind which might be imposed by in effect when service furnished by the Telephone Com- the City under authority conferred by law, other than pany in interrupted, impaired, or prevented by fires the usual general or special ad valorem taxes, including strikes, riots or other occurences beyond the control of any special taxes or assessments duly levied for special the Telephone Company, or by storms, floods, or other improvements, or for other liabilities imposed or which casualties, in any of which events the Telephone Com- may accrue under the terms of this ordinance. (As pany shall do all things reasonably within its power to amended by Sec. I,Ord. 5199, 12-9-46.) do, to restore normal service. Section 9. Additional Compensation. In addition Section S. Handling of Wires. The Telephone to the consideration set forth in Section 8, the Telephone Company on the request of any person shall remove or Company shall hold itself ready to furnish, subject to the raise or lower its wires temporarily to permit the moving use of said city, such wire space as may be required from of houses or other bulky structures, provided such house time to time by said city upon the poles now owned or or structure is being moved in compliance with all ordi- hereafter erected by the Telephone Company in the city nances and regulations relating to moving of houses or for the use of the city police and fire alarm system; pro- structures in such city and a permit for such moving has vided that the required wire space shall not exceed the been issued by the city. The expense of such temporary wire capacity of one cross arm on any one pole. The removal, raising or lowering of wires shall be paid by the location on the poles of this fire and police wire space party or panics requesting the same, and the Telephone shall be determined on specific applications for space, Company may require such payment in advance. The at the time the applications are received from the city, Telephone Company shall be given not less than forty- and will be allotted in accordance with the considerations eight hours advance notice to arrange for such temporary for electrical construction of the United States Depart- wire changes. ment of Commerce, Bureau of Standards. In its wire con- Section 6. Trees. The right. license, privilege and struction on the Telephone Company poles, the city will permission is hereby granted to the Telephone Company follow the suggestions and requirements laid down for • • • 282 ORDINANCES OF THE CITY OF SALINA, KANSAS wire construction in the Rules and Regulations of the 5. Miscellaneous Specials Bureau of Standards of the United States Department of W. E. Whittaker Permit to erect and maintain electric • Commerce, and such wires shall further be constructed, line along certain streets. (Ordinance maintained and operated in such manner as not to inter- No. 989, 4-24-99) (Ordinance No. fere with nor create undue hazard in the operation of 1011, 8-21-99) the telephone system of the Telephone Company. Shellabarger Mill and Elevator Co. Permit to erect and Section 10. Term. The rights. licenses, privileges maintain electric line along certain and permissions granted to and contracted for by the Streets. (Ordinance No. 1203, 10- Telephone Company herein, shall be for a full term 19-03) and period of four years from and after January 1, 1947, John L. Bishop Drain Pipe along certain route (Ordi- provided that at the expiration of the initial and each successive period, such term shall be ended and auto- nance No. 1384, 8-19-07) matically renewed forthwith for successive periods of Swift and Ca Loading Dock. Subway requirement. like duration, but conditioned, however, that if during (Ordinance No. 3704) (5-6-29) the last four (4) months of the initial or any successive Firestone Tire and Rubber Co. Gasoline pipeline along period, not less than sixty (60) days prior written notice certain streets. (Ordinance No. 4524. shall be given either to the Telephone Company by the 3-25-35) City or to the city by the Telephone Company, setting ' forth the desire of the giver of said notice to terminate D. FRONTAGE CHANGES AND REPLATS this agreement, then in such case the rights of the Tele- Purpose phone Company and the City shall at the expiration of Ord. Date the then current period remain the same as prior to the 1401— 2-17-08—Replat and change of frontage of execution of this instrument and this ordinance, or the Blocks 2 and 3 in Sunnyside Addi- acceptance, thereof, shall at no time constitute a waiver tion by the Telephone Comany of any rights previously con- ferred by or obtained from any source other than the 1364— 2-26-07—Replat and change of frontage of City. (As amended by Sec. 2. Ordinance No. 5199. Block 3 in Bonds Addition 12-9-46) 1469— 3-15-09—Change frontage of lots in Block 1 Section 11. Not Exclusive. Nothing herein con- and in parts of Blocks 2-3-4 and 6 tained shall be construed as giving to the Telephone Com- in Morrisons 3rd Addition pany any exclusive privileges. 4944-10- 3-29—Replat and change of frontage of Lots Section 12. Successors Bound. The rights, powers, 7 to 16. Block 2, Brown's Addition • limitations, duties and restrictions herein provided for 5321— 6-30-48—Replat and change of frontage of Lot shall inure to and be binding.upon the parties hereto 14. Block 1, Lot 13, Block 2 in • and upon their respective successors and assigns. Evergreen Park Addition Section 13. If any section, sentence, clause or phrase 5277— 2- 2-48—Replat and change of frontage in Sun- of this ordinance is for any reason held to be illegal. rise Addition ultra vices or unconstitutional, such invalidity shall not 5298— 4-26-48—Replat and change of frontage of part affect the validity of the remaining portions of this ordinance. All ordinances and agreements and parts of of Lots 50 and 51 and all of lots 52 ordinances and agreements in conflict herewith are and 53 on Elm Street in original hereby repealed, town Section 14. That this• ordinance shall take effect 5301— 5-10-48—Aeplat and change of frontage of Lots and be in full force from and after its passage and 1 to 32 in Block 4 and Lots 1 to 32 adoption and publication in the official city paper and in Block 5, Bonds Addition, being after its written acceptance by the Southwestern Bell Woods Replat Telephone Company, which written acceptance shall be filed with the City Clerk within fifteen days from the E. LAND OWNED BY CITY date this ordinance is adopted. City Hall and Fire Station Property. Purchase of the Introduced April 21. 1941 following property; Lots 80-82-84 and 86 on Fifth Street Passed and adopted by the Governing body of the in Salina, Kansas, authorized by Ordinance 1006, August City of Salina. Kansas this 28th day of April. 21. 1899. The erection of a city building, including a • 1941. jail annex, on the above property authorized by Ordi- ED MORGENSTERN nance 1604,April 17th, 1911. Attest: CHAS. E. BANKER Mayor City Dump Ground. Purchase of the following pro- City Clerk petty; commencing at a point 2220 feet West of the SE APPENDIX 283 corner of the SE'/p of Section 10-14-3; thence North Lots 165-167 on Second Street, were deeded to the 638.5 feet; thence West to the West line of said quarter City of Salina by administrator's deed by F. D. Blundon. section; thence South along said line to the SW corner of administrator of Estate of Emma Louisa Blundon-Far- . said quarter section; thence East 441.8 feet to place of quharson. Deeds dated 1-20-20. Recorded in Book 41 of beginning in Saline County, Kansas, formerly block 42 Deeds, Page 621. and South '/z of Block 35 of J. C. Rash & Sons Ad- Street Department Property. Acquired by quit claim dition,authorized by Ordinance 1091, August 28th, 1921. deeds recorded in volume 86 Deeds, page 504 and page Voting place Second Precinct Second Ward. The 522. purchase of lots 8-9 and 10, Block 7, Calkins Addition Note: This tract was the formerly platted . authorized by Ordinance 2006, December 4th, 1916. street known as Third Street, south of Ash Voting place Fourth Precinct Third Ward. Pur- Street, later vacated. chase of following property; beginning at a point 10 feet Lot 8, Block 6. Walnut Grove Addition. Deeded to North of the SE corner of Lot 10, Block 1, Morrisons City of Salina by warranty deed dated 2-17-28. Recorded Addition; thence West 21 feet; thence North 40 feet; in Book 86 of Deeds. Page 592. thence East 21 feet; thence South 40 feet to place of Kansas Wesleyan University Athletic Field. Lots I, 3, beginning, authorized by Ordinance 2183, May 25th, 5. 7, 9, 11. 13, 15, 17, 19 on Claflin Avenue, Lots 1. 2, 3. 1918. 4, 5, 6, 7. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 18, 19 and Voting place Second Precinct Fifth Ward. Purchase 20 on Russell Avenue, Lots 2, 4, 6, 8, 10, 12. 14, 16. 18 of West 60 feet of East 76 feet of South '/z of Lot 21 on and 20 on Cloud Avenue, all in the Addition to Grounds Ninth Street in Prescott's Addition authorized by Ordi- of Kansas Wesleyan University, deeded to City of Salina nance 1996, October 16th, 1916. by trustees of Kansas Wesleyan University. Memorial Hall Grounds. Lots 1 to 11 inclusive of Storm' Sewer System Land. W. 80 feet of Lot 12, the replat of Bishops Reserve. occupied by the Salina Block 2. Tucker Park Addition. (Condemned by Ord. Memorial Hall acquired by the city by condemnation pro- 5190, 10-11-46) ceedings and by additional quit claim deeds executed by Lateral Sanitary Sewer Easement. E. 15 feet, Lot 5, the various owners of the tracts in Book 77 of Deeds, at Block 19, Pacific Addition. (Condemned by Ord. 5091, pages 74 and 77 to 87 inclusive. 6-22-45). Library Property. Lots 110 and 111 on Iron Waterworks Land. N. 105 feet, Lot 3 on Fourth Avenue in the original Town of Salina were deeded to Street, and N. 105 feet, Lot 5 on Fifth Street, Holland's the directors of the free public library by warranty deed Addition. (Condemned by Ord. 5159, 6-5-46) recorded in Book 29 of Deeds,page 379. Airport Land. W1/2, SE'/a Sec. 20, Twp. 14, South, Airport. E''/z of NW'/a and W1/2 of NEV. of Sec- Range 2 West of the 6th P. M.. Saline County. (Con- tion 20-14-2. acquired by warranty deed. Recorded Book demned by Ord. 5342, 9-27-48). 89 of Deeds, page 318. Water Works. The following property. (together F.-PARK LANDS with appurtenances) acquired by deed from The Salina Water Works Company. Purpose E. 20 feet of Lot 13, Block 1, Santa Fe Park Ord. Date Addition; also S. 70 feet of Lot 2 and E. 50 2076- 8-11-17-Election to purchase Kenwood Park feet of Lot 4, Block 2, Beebe's Addition; also, from J. J. Geis Lot 41, Block 2 and Lot 15, Block 3 Van Trine's Addition; also Lot 8 Surveyor's Plat "C"; also 2095-10- 6-17-Purchase of additional land for Ken- Lots 1-2 on Fourth Street and Lots 1-3 on Fifth wood Park from Alfred Bertram Street, Holland Addition; also Lots 11-13 Walter and Roberta J. Walter Block 1 College View Addition. (Ord. 3166, 8.12.29-Lease of Kenwood Park to Saline" 10-12-25; Ord. 3199. 12-28-25; Ord. 3445, 8 1 27) County for Free Fair Note: E. 20 feet of Lot 13, Block 1, Santa Fe 2332- 4-26-20-Purchase of Reserve Number Two in Park Addition authorized sold to C. H. Harper Riverside Park Addition from ,P. L. and Mary D. Harper by Ord. 3271, 7-20-26. Sewage Disposal Plant. Part of NW%a Section Gebhart for Park purposes 8-14-2 (comprising area 610 feet by 500 feet), acquired 3-21-22-Lease of Oakdale Park from Saline by warranty deed, dated August .1, 1927. recorded in County for park purposes Book 86 Deed, Page 396. 6- .5-18-Deed to Block 17 in Highland Court Sewage Pumping Station. S. 181/2 feet of Lot 11 and for park purposes N. 181/2 feet of Lot 12, all in Block 3, Fairview Addition 9- 6-38-Matter relating to City park (block be- acquired by warranty deed dated 12-4-28, recorded in tween Second and Third Streets and Book 89 Deeds. page 373. Mulberry and Walnut Streets) trans- 284 ORDINANCES OF THE CITY OF SALINA, KANSAS ferred to Board of Education under 2193— 6-26-18—Missouri Pacific—Track, alley between Ch. 308, Laws of 1937 and Ch. 250, Santa Fe and Fifth and Seventh • Laws of 1939) 1853— 9-27-23—Missouri Pacific—Switch on Pine and 6- 1-36—Lease of Thomas Park from St. John's Fifth School, Inc. 2871-10-21-23—Missouri Pacific—Track across Ninth south of Pine G.—RAILROADS 2903-12-12-23—Missouri Pacific—Track across Eighth Rights-of-way or Privileges south of Pine (a) Rock Island Res.351— 6- 2-24—Missouri. Pacific—Easement in Third Street Ord. Date Grantee Purpose 5110— 9-20-45--Missouri. Pacific—Track across Ash 568— 6-17-87—Chicago, Kansas & Neb.—Taking land for Right-of-way Street from Salina Concrete Pro- 601-10- 6-87--Chicago, Kansas & Neb.—Taking ducts Co. land for Right-of-way 5137— 1-29-46—Missouri Pacific—Track across North 1117— 2-18.02—Chicago, Kansas & Neb.—Spur to Fifth between Lots 22 and 23 and Marion Manufacturing Company an alley (b) Santa Fe 5140— 3- 7-46—Missouri Pacific—Track across North • 564— 6- 7-87—Chicago, Kansas & Western—Taking Seventh (d) Salina and Santa Fe land for Right-of-way and spur tracks t 2829— 7-21-23—Salina Northern—Right-of-ways over 587— 7-29.87—Chicago, Kansas & Western—Taking several streets land for Right-of-way and spur 5044— 1-14-44—Santa Fe—Track across Fourteenth tracks and other streets •586— 7-29-87—Chicago, Kansas & Western—Taking (e) Union Pacific land for Right-of-way and spur 342-12-17-81—Salina and Southwestern (U. P)— tracks Right-of-way from U. P. to south 739— 5- 1-90—Chicago. Kansas & Western—Spur to line of city (See Ord. 3147) Salina Mill and Elevator Co. with 348-12-17-81—Salina and Southwestern (U. P.)— conditions track across Iron Ave. (c) Rock Island 390-1,1- 8-83—Salina and Southwestern (U. P.)- 2143— 1-21-18—Chicago. Rock Island & Pacific— Track across Ninth along North Switch across Fifth 433— I- 1-85--Salina and Southwestern (U. P.)- 500— 8-19-86—Kansas & Colorado Rly. Co—Right- Track across Ninth along North of-way on Ash with conditions 561— 5-28-87—Salina and Southwestern (U. P.)— (d) Missouri Pacific Track across Fourth 775— 6-24-91—Kansas & Colorado Pacific—Switch 631— 3- 3-88—Salina and Southwestern (U. P.)— along North Street with conditions Track in Fourth, Elm to Pine 985— 3-14-99—Kansas & Colorado Pacific Side track 905-12-10-95—Salina and Southwestern (U. P- on North Street for Kansas Ice and Track along Elm from Santa Fe and Storage Co. along Fourth 994— 5-26-99—Kansas & Colorado Pacific—Switch 634— 3- 6-88—Union Pacific—Track across Twelfth Track 1115— 2- -02—Union Pacific—Track Fourth and Elm 1121— 3-18-02—Kansas & Colorado Pacific—Switch across Elm and alley Track 1440— 9- 3-08—Union Pacific—Track along North to 1388— 9- 5-07—Kansas & Colorado Pacific—Side track Alfalfa Meal Co. • on Pine 1591— 1- -11—Union Pacific—Tracks from Fourth 1213— 1-20-04—Missouri Pacific—Switch track on Pine across Fifth and alleys with conditions 2034— 5-19-17—Union Pacific—Track across Ninth 1217— 2-25-04—Missouri Pacific—Switch track with 2060— 7- 7-17—Union Pacific—Track along Fourth conditions and across Elm to Lee Mercantile 1303— 4-17-06—Missouri Pacific—Change in tracks 2113-12- 8-17—Union Pacific—Track across Ninth 1391— 9-16-07—Missouri Pacific—Change in tracks and along North 2185— 7-2-18—Missouri Pacific—Switch Tracks. Lee 2121— 2-22-18—Union Pacific—Track across Ninth, Warren Mill Seventh and North • • APPENDIX 285 2177— 5-11-18—Union Pacific—Track along North H.—SEWERS—SPECIAL PERMITS 2180— 5-25-18—Union Pacific—Track along Fourth Ord. Date To or from whom across alley, Elm to Third and Ash 1304— 4-30-06—Union Pacific Railroad Company from to McPherson Branch water tank to alley between Fourth 2196— 7-30-18—Union Pacific—Track across Ninth and Fifth, south through alley and and North across Pacific, North and Pine Streets. 2197— 7-20-19—Union Pacific—Track across Ninth 1524-10-18;09—Kansas and Colorado Pacific Railway and North Company and The Missouri Pacific 2293-10-25-19—Union Pacific—Track in Fourth, Railway Company grant city right to Eberhardt to Walnut lay line under rights-of-way where • 2300-12- 6-19—Union Pacific—Joint right-of-way, they cross Elm Street. Union Pacific and Santa Fe along 3165-10- 5-25—Wm. Reimold in Eleventh Street North across Santa Fe from U. P. I.—STREETS AND ALLEYS at Robinson Mill to Santa Fe at Shellabarger Mill 1. Naming and renaming 2502— 6- 3-22—Union Pacific—Track from Fourth 2. Streets opened,widened or extended north of Ash across Fourth, alleys 3. Alleys opened • and Fifth to Santa Fe 4. Streets vacated 5. Alleys vacated 2584— 9- 9-22—Union Pacific—Track across Ninth, Eighth and Seventh north of Robin- 1. Naming and Renaming son Milling Co. South Park Addition. First Avenue to Tenth Street; • 2842— 8-30-23—Union Pacific—Track in Fourth be- Second Avenue to Eleventh Street; Third Avenue to tween Pine and Elm Twelfth Street; Fourth Avenue to Phillips Street; Park 2867-10-24-23—Union Pacific—Track across Elm Avenue to Charles Avenue. (Sec. I, Ord. 1586, Street between Third and Fourth 12-19-10). . Faulkner Street to Twelfth Street. Faulkner Street 2870 10-13-23—Union Pacific—Track across Third and Elm along alley from Elm to between Iron Avenue and Walnut Street to Twelfth Ash Street. (Sec. 1,Ord. 2637, 12-26-22). 2950— 3- 8-24—Union Pacific—Track across Fourth, Seitz Street to Tenth Street. Seitz Street from south Fifth and alleys between Pine and line of Crawford Avenue to north line of Republic Elm to Santa Avenue changed to Tenth Street. (Sec. 1, Ord. 4165, 6-13-32). 3120— 6-20-25—Union Pacific—Track on street be- Pacific Street to Lincoln Avenue. Pacific Street from tween Blocks 5 and 6 in Depot Ad- east line of Fifth Street to the west line of Custer Avenue dition • through Jones Addition and Morris' Addition changed 3134— 7-30-25—Union Pacific—Track in Fourth Street to Lincoln Avenue. (Sec. I,Ord. 3094, 3-30-25). 3307-11- 4-26—Union Pacific—Track in alley be- Rush Street. Street along west side of Park View tween Santa Fe and Fifth Addition named Rush Street. (Sec. 1, Ord. 3347, 3556— 6-27-28—Union Pacific—Track across Elm 3-21-27). along Third Eastern Heights Avenue to Iowa Street. Eastern 3588— 8-11-28—Union Pacific—Track across North Heights Avenue, being first street east of Wisconsin Ave- between Ninth and Eleventh and nue running south from Iron Avenue, named Iowa Depot Addition Street. (Sec. 2, Ord. 3347, 3-21-27). 3589— 8-11-28—Union Pacific—Extend spur in North Marymount Road. Street running north and south and across Ninth between Sections 17 and 18, Township 14, Range 2 (be- tween Marymount Academy and Mt. Calvary Cemetery • 3679— 3-13-29—Union Pacific—Track along Fourth on the west and Country Club Heights Addition on the between Iran Ave.and Walnut east) named Marymount Road. (Sec. 3, Ord. 3347, 5090 6-22-45—Union Pacific—Tracks in Fourth and 3-21-27). • across Walnut Country Club Road. Street running east and west between Sections 8 and 17( Twp. 14, Range 2 West (be- Union Station Ordinance and Contracts tween the grounds of the Salina Country Club on the See ordinances 1703, 1768, 1769, 1802, 1807, 1814, north and Country Club Heights on the south) designated 1815, 1841, 1899 and 1935. ,as Country Club Road. (Sec.4,Ord. 3347, 3-21-27). • • • 286 ORDINANCES OF THE CITY OF SALINA, KANSAS , Custer Avenue to Chester Avenue. Custer Avenue Elm Street. From Front Street east to Smoky Hill along east side of Morris Addition changed to Chester River. (Ord. 565, 6-15-87). Avenue. (Sec. 5, Ord. 3347, 3-21.27). Elm Street. At intersection with Eleventh, opened Lincoln Street to Quincy Street. Lincoln Street from and widened. (Ord. 2055, 6-30-17. Republic Avenue to Cloud Avenue changed to Quincy Faulkner Street. From the south line of Iron Ave- Street. (Sec. 6, 3347, 3-21-37). nue south 200 feet. (Ord. 2055, 6-30-17; see Sec. 26- Railroad Avenue to Decatur Street. Railroad Avenue 703. Name changed to 12th Street) in Morris Addition changed to Decatur Street. (Sec. 7, Franklin Street. From Sherman Street to Ninth Ord. 3347, 3.21-27). Street. (Ord. 2627, 12-2-22) Decatur Street to Roach Street. Decatur Street from Front Street. From Walnut Street to Mulberry. • Republic Avenue to Cloud Avenue changed to Roach Street. (Sec. 8,Ord. 3347,3-21-27). (Ord. 2086. 9-8-17) •Broadway Boulevard Described and Named (Sec. I, Frost Street. From Sherman Street to Ninth Street. Ord.4945,9-27-39). (Ord. 2623, 12-2-22) Olive Street, Short Street to Broadway Boulevard. Fifth Street. From south line of Bond Street south Olive Street in Elmdale and Leavenworth Addition and 114.63. (Ord. 1479, 4-19-09) Short Street in Chicago Addition changed to Broadway Fifth Street. From Prescott Avenue to Crawford Boulevard. (Sec. 2,Ord. 4945,9-27-39). Avenue. (Ord. 1534, 1-21-00; Ord. 1553, 4-25-00) Railroad Street to West Place. Railroad Street from Fifth Street. From Crawford to Bond across Block north line of Walnut Street and west of the Missouri Pa- 3, Bond's Addition. (Ord. 1364, 9-26-07). cific right-of-way to Elm Street,along east side of Leaven- Fifth Street. Extended 92 feet south from southeast worth Addition replat of Dodge's Addition, Surveyor's corner of Lot 6, Block 3, in the Episcopal Military Insti- Plat No. 31 and Elm Street to West Place. Sec. I, Ord. tote Addition. (Sec. I, Ord. 6155, 5-10-46). 5056, 6-14-44). Johnstown Avenue. From Kansas Avenue to Ohio North and South Court Places to Court Place. Street. (Ord. 2474, 3-18-22). North Court Place and South Court Place changed to North Street. From Ninth Street to Eleventh Street. Court Place. (Sec. 1 and 2,Ord. 5356, 11-29-48). (Ord. 3397, 6-13-27; Ord. 3499, 1-16-28; Ord. 3511 2. Streets opened,widened or extended .3-19-28)' Ash Street. From west line of Front Street to east North Street. East of the intersection of North line of Oakdale•Avenue. (Ord. 804, 8-20-92). Street and Santa Fe Avenue. (Ord. 3964, 9-22-30; Ord. 4026, 3-2-31). Ash Street. Widened between west line of Penn Street to the center of Front Street. (Ord. 952, Oakdale Avenue. From Johnstown to Ash Street. 11.22-97). (Ord. 2173, 5-6-18). Baker Street. From the south line of South Street Ohio Street. Widened from Gypsum Avenue to the intersection of Ohio Street and Greeley Avenue. (Ord. to the north line of Morrison Avenue. (Ord. 3106, • 4-13-25; Ord. 3104, 5-4-25). 3780, 9-3-29; Ord. 3783, 9-9-29). Bishop Street. From 12th Street to 13th Street. Pacific Street. Extended west 125 feet from point 92 (Ord. 1947, 5-24-16; Ord. 1849, 5-27-16), feet south of southeast corner of Lot 6, Block 3, Episcopal Bishop Street. From 13th Street to College Avenue Military Institute Addition. (Sec. 2, Ord. 6155, 5-10-46). (15th Street). (Ord. 1947, 5-24-16; Ord. 1849, 5-27-16). Phillips Street. From southern terminus then ex- Note: Broadway Boulevard, (see 26-616, 26-617). isting to south line Morrison's 3rd Addition. (6, Ord. Center Street. From Fourth Street east to Kenwood 1469, 3-15-09). Addition,widened and extended. (Ord. 666,6-15-87). Putnam Avenue. From Morrison Avenue to South College Avenue. From southern terminus then ex- Street. (Ord. 1954, 6-10-16; Ord. 2166, 4-6-18). isting to the south line Morrison's 3rd Addition. (6, Republic Avenue. Widened from Ninth Street to Ord. 1469; 3-151-09). Sherman Avenue. (Ord. 2624, 12-2-22) Eleventh Street. From the south line of Park Street Riverside Park Drive. From southwest corner of Lot to a point 130 feet south. (Ord. 3502,-2-13-28; Ord. 23, Block I, Riverside Park Addition, to Ohio Street. 3506, 2-27-28; Ord. 3534, 5-14-28). - (Ord. 1995, 10-21-16). Eleventh Street. From Washington to Prescott Ave- Riverside Park Drive. From Ohio Street to Des nue. (Ord 2622, 12-2-22). Moines Avenue. (Ord. 2231, 12-28-18) Eleventh Street. From Crawford Avenue to Republic Sherman Street. From Crawford Street to Republic. Avenue. (Ord. 2626, 12-2-22) (Ord. 2635, 12-2-22). • APPENDIX 287 Tenth Street. From Walnut Street to South Street. Alley between Third and Fourth, from Prescott to (Ord. 397, 2-18-84) Crawford. (Ord. 1265, 7-17-05). Tenth Street. From Ash Street to Park Street. (Ord. Alley between Fourth and Fifth, from Crawford to 512, 9-20-8—) Bond. (Ord. 1364, 2-26-07). Tenth Street. From Washington Avenue to Prescott Alley btween Ninth and Tenth, from south to Mon Avenue. ,(Ord. 1156, 9-15-02). rison. (Ord. 2111, 11-24-17). Tenth Street. From Grand Avenue south 115 feet. Alley between Eleventh and Twelfth, through Block (Ord.'1711, 4-21-13). 4, Morrison's 3rd Addition as then existing. (5,•Ord. ' Tenth Street. From Frost Street to Republic Avenue, 1469, 3-15-09). (prd. 2623, 12.2-22). Alley between Elm and Ash, from Santa Fe to Fifth Twelfth Street. From Bishop Street to North Street. Street, (Ord. 3677, 3-24-27). (This alley originally (Ord. 1902, 4-13-16) opened Ord. 1178, 3-15-03; vacated by Ord. 2323, 4-10- Twelfth Street. From the southern terminus then 20). existing to south_line Morrison' 3rd Addition. (6, Ord. Alley East from Seventh Street, north of South Street, 1469, 3-15,-09). (north 15 feet, Lot 181, on 7th Street). (Ord. 3282, 8- Walnut Street. From west line of Front Street across 16-26). Smoky Hill River to intersection with west drive of Oak- Alley between Santa Fe and Fifth, north of Elm dale Park. (Ord. 806, 7-21-92.) being the south 170.5 feet of said alley. (I, Ord. 3307, Wilson Street. From Santa Fe Avenue to Fourth 11-1-26). Street. (Ord. 2329, 4-10-20). Alley betwen Fourth and Fifth,south of Elm through An Unnamed Street. 30 feet wide, from Ninth Street Lots 58 and 60 on Fourth Street, Original Townsite. to Tenth Street north of A. T. & S. F. Railway tracks. (Ord. 3203, 1-11-26). (Ord. 1271, 8-14-05). Alley between Iron and Walnut, from Eighth Street An Unnamed Street. From Fifth Street to Lincoln east to west line of alley between Seventh and Eighth Street diagonally across southeast corner of Block 11, along north line of Lot 117 on Eighth Street. (Ord. •Calkin's Addition. (Ord.12-71, 8-14-05). 4610, 1-21-36). Alley. Five feet wide widening alley north of north 3. Alleys Opened' • line of Pacific Street between Santa Fe Avenue and Fifth Alley•between Elm and Ash, Fourth to Fifth (part). Street. (Sec. 3, Ord. 6155, 5-10-46) (Ord. 1643, 1-18-12). Alley between Highland and Ninth, Crawford to 4. Streets Vacated Bond. (Ord. 1471, 3-I5-09; Ord. 1478, 4-19-09). Bishop Street. (Seel 13.4-43, G. S. 1935) that part Alley between College Avenue and West Street. between center of 13th Street and west line of 12 Street through Blocks 1 and 6 in Morrison's 3rd Addition as lying north of a line 33 feet south of center line of main then existing. (2, Ord. 1469, 3-15-09). line track of Missouri Pacific Railway. (Ord. 1947, Alley between College and Phillips, through Blocks 5-24-16). 2 and 6, Morrison's 3rd Addition as then existing. (3, College Avenue. Between north line of Grand Blvd. Ord. 1469, 3-15-09). produced and south line of 100 foot right-of-way of Alley between Phillips and Twelfth, through Blocks Union Pacific Railway . (Ord. 1271, 8-14-1905). 3 and 6. Morrison's 3rd Addition (4, Ord. 1469, 3-15- Hoffa Street. In Wells Addition. (Ord. 2391, 5- 09). 28-21). Alley betwen Santa Fe and Fifth, from Bond Street Hope Street. From Third to Fourth Street between south 114.63 feet. (Ord. 1479, 4-19-09). Blocks 4 and 5 in Sunnyside Addition. (Ord. 2551, Alley between Santa Fe and Highland, from Craw- 7.29-22). ford to Bond. (Ord. 536, 4-4-87; Ord. 1157, 9-16-02). Lincoln Avenue. In Calkins Addition west of Fifth Alley between State and Iron, from Eleventh to Phil- Street. (Ord. 1271, 8-14-05). lips. (Ord. 1095, 9.17-07) Oakdale Avenue. Part of, between Ash Street and Alley between Grand Avenue and Woodland, from Johnstown Avenue. (Ord. 2376, 3-26-21). Ninth to Tenth. (Ord. 1712,4-21-13) North Street. 2t/a feet off north side between Seventh Alley between Elm and Pine, west of Fifth Street Street and Ninth Street. (Ord. 2121. 12-22-17). widened. (Ord. 2995, 6-9-24). • Palace Street. ' Part west line of Front Street and Alley Block 7,Depot Addition. (Ord. 196, 3-19-77) east limits of Wells Addition. (Ord. 2390, 5-28-21). • • • • • • 288 ORDINANCES OF THE CITY OF SALINA, KANSAS Phillips Street. Between Blocks 2 and 3 South Park Twelfth Street. Between Bishop Street and North Addition as then existing. (Ord. 1746, 2-16-14). Street in Depot Addition. (Ord. 737, 4-28-90). Railroad Street. Between north line of Ash Street Twelfth Street. Between Block 3 and 4, South Park and south line of Park Street, (except intersection of Addition as then existing. (Ord. 1746, 2-16-14). alley). (Ord. 2107, 1-19-11). Thirteenth Street. Between south line of Missouri Railroad Avenue. Between Fourth and Fifth Streets Pacific right-of-way and a line 50 feet northwest measur- in Jones Addition. (Ord. 1271, 8-14-05). ed at right angles and parallel with center line of main Washington Avenue. In Block 6 Morrison's 3rd track of Union Pacific Railway. (Ord. 1835, 4-24-15). Addition as,then existing. (Ord. 1158, 9-16-02). An Unnamed Street. Lying between Block 6 and 7 Washington Street. From Twelfth west to right-of- in Depot Addition. (Ord. 807, 8-5-92; Ord. 1271, 8- way of Missouri Pacific Railroad in Morrison's 3rd Addi- 14-05). tion as then existing. (Ord. 1469, 3-15-09). An Unnamed Street. Running diagonally from Gyp- West Street. Between south line of South Street and sum Avenue to Ohio Street between Block 1 and 2 in north line of Morrison Avenue and between south line of Phillips East Salina Addition. (Ord. 1200. 3-23-03). Morrison Avenue and north line of South Park Addition. Eighth Street. From south line of North Street to (Ord. 1746. 2-16-14; Ord. 1754, 3-16-14). north line of Santa Fe right-of-way. (Ord. 2033, 5- Bond Street.. The south 20 feet between Fourth 19-17). • Street and Front Street. (Ord. 1999, 11-9-16). Eleventh Street. North of Bishop Street in Depot Stapler Avenue. From east line of Wisconsiti Ave- Addition. (Ord. 633, 3-1-88) nue to west line of Eastern Heights, vacated by resolution - An Unnamed Street. Between Blocks 8 and Depot of council passed 2-17-13; -subject to conditions men- Addition. (Ord, 633, 3-1-88) tinned in such resolution. An Unnamed Street. North of Block 7 Depot Addi- Second Avenue. In South Park Addition between non (part of). (Ord. 196, 3-14-77). • north line of Prescott and south line of Alley running Antrim Avenue. Part of, between Ninth Street and east and west between Prescott and Washington. then existing west city limits. (Ord. 4118, 11-16-31) Third Street. Part of south of North Street occu- Chester Avenue. From south line of Lincoln Street. pied by Rock Island branch track. (Ord. 2125, 12- to north line of Missouri Pacific right-of-way. (Ord. • 22-17). 3884. 5-12-30). Fourth Street. • 21.8 feet on west side from Crawford Iron Avenue. Part of, between east line of Seventh to Bond lying west of original Block 3, Bonds Addition. Street and the west line of alley between Seventh Street Fourth Street. In Jones Addition from a line 175 and Santa Fe•Avenue. (1, Ord. 3985, 11-24-30). feet south of Forrest Avenue south to north line of North Street. Parr of, between Fifth and Fourth. Union Pacific 100 foot right-of-way. (Ord. 1271, 8- (Ord. 4227, 1-9-33). 14-05). North Street. Part of, from Ninth Street to Eleventh Fifth Street. At intersection with right-of-way of Street. (4. Ord. 3499, 1-23-28). Union Pacific Railroad. (Ord. 1271, 8-14-05). Osborne Street: From south line of Republic Ave- Seventh Street. Lying between and abutting on nue to north line of Cloud Avenue. (Ord. 3163, 9- Lots 7 to 12 inclusive in Block 9 and Lots 30 to 32 in- 28-25). elusive in Block 4 in Calkins Addition. (Ord. 1282. 10- Republic Street. Part of, between Ninth and Missouri 23-05) Pacific right-of-way. (Ord. 4359, 2-29-34). Seventh Street. From south line of right-of-way of Russell Avenue. From east line of Fourth Street and Union Pacific to north line of North Street. (Ord. 2152, west line of Osborne Street. (1, Ord. 3947, 8-11-30). 2-22-18) Seventh Street. Part of, from north line of Iron Tenth Street. Part of east of Block 9, Depot Addi- Avenue north 100 feet. (2, Ord. 3985, 11-24-30). Lion. (Ord. 807, 8-5-92) Tenth Street. Part of, north of main line Union Tenth Street. East of part of Blocks 8 and 9 Depot Pacific right-of-way. (4,Ord. 3499, 1-13-28) Addition. (Ord. 1271, 8-14-05). Tenth Street. Part of, between Blocks 7 and 8 in Tenth Street. Portion of intersection with Washing- Depot Addition, between Bishop Street and North Street. ton Avenue. (Ord. 1682, 9-16-12). (Ord. 3122, 6-22-25). Eleventh Street. West 10 feet between Elm Park. Twelfth Street. Part of, between Iron Avenue and (Ord. 1727, 9-15-13). Walnut Street. (Ord. 3448. 8-8-27). Eleventh Street. Between north line of Union Paci- Woodlawn Avenue. Between Ninth Street and High- fic right-of-way and North Street. (Ord. 737, 4-28-90) land Avenue. (Ord. 3886, 5-19-30), • • APPENDIX 289 Lincoln Street from Broadway Blvd. west from High- Alley between Elm and Ash, from Fourth to Fifth way No. 81 by-pass. (Ord. 5122, 11-1-45). (part of). (Ord. 1643, 1-18-1.912) Whitridge Street from Broadway Blvd. north to Dry Alley between Elm and Pine, east of Santa Fe Ave- Creek. (Ord. 5123, 11-1-45) nue. (Ord. 2995, 6-9-24). Greenway Road in Country Club Heights lying east Alley between Front and Second, from Elm to Pine of Lot 13, Block 2, in Country Club Heights. (Ord. (part of). (Ord. 2389, 5-28-21). 5157, 5-16-46). Alley between Grand and Woodland, from Ninth to Lincoln Street part of, between•Fifth and Fourth in Tenth. (Ord. 1712, 4-21-13) Jones Addition. (Ord. 5197, 12-4.46). Alley between Kirwin and Cloflin, from Santa Fe to • Eighth Street from Otis Avenue to Euclid Avenue. Highland. (Ord. 1420, 6-3-08) • (Ord. 5182,9-6-46). Alley between Morrison and Prescott, from Phillips Teague Street from Ninth to Eighth. (Ord. 5182, to College. (Ord. 2665, I-20-23). 9-6-46). Alley between Morrison and Washington, east of Fifth Street east 5 feet from North to Lincoln. (Ord. Tenth Street along south side of Block 6, Morrison's 3rd 5270, 1-19-48) Addition as then existing. (Ord. 1158, 9-16-02). Norton Street from Kirwin Avenue to Jewell Avenue. Alley between Phillips and College, through Block 2 • (Sec. 1, Ord. 5276, 2-2-48). in replat of part of Morrison's 3rd Addition. (Ord. • Norton Street from Minneapolis Avenue to Republic 2666, 1-26-23) Avenue. (Sec. 2. Ord.-5276, 2-2-48) Alley between Republic and Beloit, east of Highland. Ellsworth Avenue from Quincy to Roach. (Sec. 3, (Ord. 1878, 9-6-15). Ord. 5276, 2-2-48). Alley between Republic and Beloit, west of Santa Fe. Jewell Avenue from 280 feet west of Roach to west (Ord. 2528, 7-1-22). line of Roach. (Sec. 4, Ord. 5276, 2-2-48). Alley between Santa Fe and Fifth, from Elm to Ash Minneapolis Avenue between Norton and Roach. (part of). (Ord. 1172, 1-19-03) (Sec. 5, Ord. 5276, 2-2-48) Alley between Santa Fe and Fifth, from Pine to Fourth Street east 10 feet between Crawford Avenue North (subject to easements for poles and mains). (Ord. and Bond Street (Sec. 1, Ord. 5300, 5-10-48). 1453, I1-18-08) Fourth Street between Crawford Avenue and Bond Alley between Santa Fe and Fifth, north of Elm Street. (Sec. 2,Ord. 5300, 5-10-48). (subject to easements for poles nd wires). (Ord. 1660, Claflin Avenue south 12t 1/2 z feet, Quincy to Norton, 6-17-12). (Reopened in park, see 27-319; 1, Ord. 3307, north to Roach, North 121/2 feet Quincy to Norton, 11-8-26) Norton to Roach. (Secs. 1, 2, 3. 4, Ord. 5346, 10-11-48). Alley between Santa Fe and Seventh, north of North Street. (Ord. 478, 1-18-86) Russell Avenue south 21/2 feet and north 21/2 feet. Quincy to Norton and Norton to Roach. (Sec. 5, 6, 7, Alley between Santa Fe and Fourth, south of Jewell 8, Ord. 5346, 10.1.1-48). • (Ord. 2757, 4-23-23) Quincy Street west 7A feet and cast 7t/ feet from Alley between Santa Fe and Highland, from Beloit Kirwin Avenue to Cloud Avenue. (Sec. 9 to 20; Ord. to Minneapolis. (Ord. 2351, 8-21-20). 5346, 10-11-48). Alley between Santa Fe and Highland, from Minne- Norton Street west 71/2 feet and east 71/2 feet from apolis to Jewell. (Ord. 1266, 7-17-05). Kirwin Avenue to Cloud Avenue. (Sec. 21 to 32, Ord. Alley between Santa Fe and Highland, from Jewell 5346, 10-11-48). to Kirwin. (Ord. 1743, 1-19-14) Alley between Santa Fe and Highland, from Kirwin 5. Alleys Vacated to Claflin, (Ord. 1420, 6-3-08) Alley between Ash and Park, from Ninth to Tenth. Alley between Spruce and Cedar, from Baker to (Ord. 1619, 7-31-11) Phillips. (Ord. 2307, 6-10-20) Alley between Center and Prescott, east of Fourth Alley between Walnut to South Street, from Tenth to Street. (Ord. 1105, 11-19-01) Eleventh. (Ord. 716, 9-5-89) Alley between Elm and Ash, along south side of Lot Alley between Third and Fourth, in Jones Addition, 56 on Fourth Street. (Ord. 2873, 11-10-23). north of Railroad-Avenue. (Ord. 1271, 8-14-05). Alley between Elm and Ash, from Santa Fe to Fifth Alley between Third and Fourth,north of Pine Street. (part of). (Ord. 1643, 1-18-12) (Ord. 2587, 9-16-22). • • • 290 ORDINANCES OF THE CITY OF SALINA, KANSAS Alley between Third and Fourth, from Ash to Elm Alley running North and South in Middle of Block 1, and from Elm to Pine. (Ord. 2181, 5-25-IS) Morrison's 2nd Addition as then existing. (Ord. 1746, Alley between Third and Fourth,.from Ash to Iron. 2-16-14). (Ord. 479, 1-18-86). Alley running North and South in Middle of Block 1, Alley between Third and Fourth, south of Iron to Morrison's replat of part of Morrison's 3rd Addition Smoky Hill River. (Ord. 453, 7-20-1885; Ord. 1.545, west of Eleventh Street. (Ord. 1746, 2-16-14). 1-19-12) Alley running North and South in Block 3, South Alley between Fourth and Fifth, in Jones Addition Park Addition as then existing. (Ord. 1746, 2-16-14). south of Railroad Avenue, 50 feet. (Ord. 1271, 8-14-05). Alley running North and South in Block 4, South Alley between Fourth and Fifth, in Jones Addition Park Addition as then existing: (Ord. 1746, 2-16-14). north of Railroad Avenue. (Ord. 1271, 8-14-05). Alley East and West across Blocks 2 and 3 Sunny Alley between Fourth and Fifth, from Elm to Pine Side Addition as then existing. (Ord. 1401, 2-17-08). (part of). (Ord. 1216, 2-15-04). Alley between Kirwin Avenue and Claflin Avenue, Alley between Fourth and Fifth, south of Elm. (Ord. from Fourth to Osborne (subject to certain easements). 1296, 1-15-06). (Ord. 4462, 8-27-34). • Alley between Seventh and Eighth,from North Street, Alley between Jewell Avenue and Ellsworth Avenue, north to Union Pacific right-of-way. (Ord. 2112, 12- from Santa Fe to Fourth (subject to certain easements). 8-17; Ord. 2198, 7-20-18). (Ord. 3361,4-25-27). Alley between Seventh and Eighth, From North Street Alley between Second and Third, from Walnut south to Santa Fe right-of-way. (Ord. 2033, 5-19-17). Street to Smoky Hill River. (Ord. 3370, 5-2-27). Alley between Ninth and Tenth, north of Grand. Alley between Russell Avenue and Cloud Avenue, Avenue. (Ord. 1712, 4-21-13). from Fourth to Osborne. (2, Ord. 3947, 8-11-30). Alley between Ninth and Tenth, south of Bishop. Alley between Russell Avenue and Claflin Avenue, (Ord. 140, 11-19-74). / from Fourth to Osborne. (3, Ord. 3947, 8-11-30). Alley between Tenth and Eleventh, north of South Alley between Second and Third, from Pine to North Street to Maple Grove Addition, (Ord. 2559, 8-12-22). Street. (4, Ord. 3947, 8-I I-30). Alley between Twelfth and Thirteenth, south of Alley between Highland and Ninth, south of Ells- North Street in Block 14, Depot Addition. (Ord. 746, worth. (Ord. 3485, 12-5-27). 7-24-90). Alley between Park and Ash, from Missouri Pacific Alley along east side of Atherton and Phillips Ad- right-of-way west 158 feet. (Ord. 3308, 11-8-26). dition. (Ord. 2173, 5-6-18). Alley from Crawford to Bond,north and south across Alley between Santa Fe and Fifth, south of Pine. • Block 3, Bonds Addition as originally platted. (Ord. (Ord. 3587, 8-6-28). 1364, 2-26.07). Alley between Twelfth and Phillips, from South to . Alley from Bond to Wilson, east of Fourth Street. Morrison. (Ord. 3500, I-30-28). (Ord. 1999, 11-9-16). Alleys in Blocks 4, 5, 6, 7, 8 and 9, Calkins Addition Alleys in Block 7, Depot Addition. (Ord. 196, (vacating certain portions) (Ord. 3529,4-30-28). , 3-19-77). Alley between Second and Front, from Pacific to Alleys in Block 8-12 and 13, Depot Addition. (Ord. Woodland. (Ord. 3684,4-1-29). 633, 3-1-88). Alley between Santa Fe and Seventh, north of South. Alley along south side of Block 6,Morrison's 3rd Ad- (Ord. 3282, 8-16-26). dition as then existing east of Tenth Street. (Ord. 1158, Alleys in Block 5 and 10 in Depot Addition, (subject 9-16-02). to certain reservations and easements). (Ord. 3809, Alley East and West through Blocks, 1, 2, 3 and 4. 11-12-29; Ord. 3818, 12-16-29). Morrison's 3rd Addition as then existing. (1. Ord. 1469, Alley between Iron and Johnston, from Penn to 3-15-09). Columbia . (Ord. 3761, 8-5-29). Alley along South Side of Block 1, Morrison's replat of part of Morrison's 3rd Addition as then existing west Alley between Russell and Cloud, from Fourth to of Eleventh Street. (Ord. 1746, 2-16-14). Osborne. (2, Ord. 3947, 8-1]-30). Alley running North and South in Block 3, Mor- Alley between Russell and Claflin, from Fourth to rison's replat of part of Morrison's 3rd Addition as then Osborne. (2, Ord. 3947, 8-11-30). existing west of Eleventh Street (south 140 feet). (Ord. Alley between Second and Third, from Pine to North. 1746, 2.1.6-14). (4,Ord. 3947, 8-11-30). • • -I APPENDIX 291 • Alley between Penn and Columbia, north of Gypsum Alley between Kirwin Avenue and Jewell Avenue (subject to certain easements and reservations). (Ord. connecting Quincy and Norton. (Sec. 6, Ord. 5276, 3836, 2-17-30). 2-2-48). Alleys in and adjacent to Blocks 1 and 2, in Pleasant Alley between Kirwin Avenue and Jewell Avenue View Addition (subject to certain easements). (Ord. connecting Norton and Roach. (Sec. 7, Ord. 5276, 4033, 3-16-31). 2-2-48). Alley between Fourth and Fifth, west of Lots 56 and Alley between Jewell Avenue and Ellsworth Avenue 58 on Fourth Street and east of Lou 55 and 57 on Fifth connecting Quincy Street and Norton Street. (Sec. 8, Street, Original Townsite. (Ord. 3203, 1-11-26). Ord. 5276, 2-2-48). Alley between Seventh and Eighth, for 150 feet south Alley between Ellsworth Avenue and Jewell Avenue of Iron. (Ord. 4610, 1-21-36). connecting Norton and Roach, (Sec. 9, Ord. 5276, Alley from Ninth to Tenth, between Houghton and 2.2-48). Peck Addition and Block 1 of Replat of Replat of Mor- Alley between Ellsworth Avenue and Minneapolis tison's Third Addition. (Ord.4991, 1-31-41). Avenue connecting Quincy Street and Norton Street. Alley in Block 15 in Pacific Addition. (Ord. 4995, (Sec. 10,Ord. 5276, 2-2-24). 4-9-41). Alley between Ellsworth Avenue and Minneapolis Alley between Fourth and Fifth, north of North Avenue connecting Norton Street and Roach Street. Street,south 150 feet. (Ord. 5000, 8-13-41). (Sec. 11,Ord. 5276, 2-2-48). Alley in Kansas Wesleyan University. East two Lots Alley between Minneapolis Avenue and Beloit Avenue 14, 16 and 18 on Santa Fe Avenue. (Ord. 5013, connecting Quincy Street and Norton Street. (Sec. 12, 4-10-42): Ord. 5276, 2-2-48). Alley between Third and Fourth, between Lots 181, Alley between Minneapolis Avenue and Beloit Avenue 183, 185, 187, and 182, 184, 186. (Ord. 5145, 4-10-46). connecting Norton Street and Roach Street. Sec. 13, Alley in Block 1, North Park Addition, between Ord. 5276, 2-2-48). Whitridge Street and Barney Street. (Ord. 5150, 4- Alley, between Beloit Avenue and Republic Avenue 17-46). connecting Quincy Street and Norton Street. (Sec. 14, Alley between Santa Fe Avenue and Fifth, north of Ord. 5276, 2.2-48). line extended west of Lot 34 on Fifth Street. (Ord. 5151, , 4-17-46). Alley between Beloit Avenue and Republic Avenue connecting Norton and Roach Streets. (Sec. 15, Ord. Alley between Ninth and Tenth, connecting Pacific Street and Broadway Avenue. (Ord. 5160, 6-5-46). 5276, 2-2-48). Alley bewteen Santa Fe Avenue and Fifth Street, Alley between Fourth and Third connecting Craw- north of South lines extended of Lots 12 and 35, Block ford Avenue and Bond Street. (Sec. 3, Ord. 5300, 10,Calkins Addition. (Ord. 5247, 10-2-47). 5-10-48). Alley between Lots 1 and 2 Block 4, in East Side Ad- Alley between Third and Second connecting Crawford dition. (Ord. 5252, 10-31-47). Avenue and Bond Street. (Sec. 4,Ord. 53, 5-10-48). Alley between Santa Fe Avenue and Seventh and con- Alley between Fourth and Fifth commencing at the netting Woodland Avenue and Pacific Avenue. (Ord. north line of Lot 11, extended west on Fourth Street, 5267, 12-24-47). Jones Addition. (Ord. 5357, 12-6-48). • • • • I r 4 GENERAL INDEX 1 A Ch.-Sec. Alcoholic Liquors—Concluded Ch.-Sec. Accident. traffic 24-501:6 Penalty 18-1308 Acrobats 13-401 Possession, limits 18-1304 27-124 Sale limits 18-1303 Added territory. what wards Saloons, prohibited 18-1306 • Additional departments 1-309 State licensee, local license required 13-1502 Additions and zoning 29-126 Transportation limits 18-1304 Additions to city—see Appendix A Alley defined 24-101 Administrative departments 1-301 ; 1-302 Alleys—see also Streets and Traffic Adultery '18-601 Kept clean 20-1401 • Advertising, zoning 29-109a Stop before emerging from 24-1401 Aiding and abetting 18-103 Superintendent's duties 1-304(2) Air conditioning - 6-445 Amusement device 13-102(19) Aircraft—see Airport Amusement places, fire regulations 10-111 Airport Amusements, Board of Public Welfare 1-1303 Aerial acrobatics 2-106 Animals Agreements for use of airport 2-11 I Ante mortems I 1-204 Aircraft defined 2-101 At large prohibited 3-101 Aircraft license 2-104 Carcass not dragged along streets I 8-421 Airman 2-101 Cruelty to 18-901 • Airman license 2-105 Diseased transported along streets I8-421 Charges for use of airport 2-111 Dogs at large 3-202 Civil aeronautics board 2-103 Dog fighting 18-904 ' Civil aircraft defined 2-101 Dog tax 3-201 Civil air regulations followed 2-103 Drovers 3-105• Definitions 2-101 2-112 Fees for impounding 3-104 Director of airport Hogs prohibited 3-108 Dropping material in flight 2-108 Impounding 3-102 Exceptions 2-113 Impounding dogs 3-203 Federal law and regulations followed 2-103 Meat ordinance 11-201 (k) ` Flight 2-101 Nuisance 3-Il l Forced landing 2-107 Number of cattle and goats regulated 3-110 Fraudulent license 2-I10 Picketing 3-106 Height of flying - 2-107 Running at large prohibited 3-101 License displayed 2-109 Sale of impounded 3-103 • Limits of city 2-101 Stables, sheds. pent 18-903 Name of airport 2-101 Traffic 24-205 Navigate 2-101 Trespassing 3-107 Penalty 2-104 Person 2-101 Airman Pilot defined - 2-101 Agreement to use airport 2-111 Public aircraft defined 2-101 Civil air regulations 2-103 Restrictions on flying 2-106 Defined 2-101 Salina Municipal Airport 2-101 Dropping material 2-108 Solo stage 2-101 Federal license 2-104' Stunt flying prohibited 2-1061 Fraudulent license 2-110 Trick flying 2-106 Height to fly 2-107 Use of airport 2-102 License displayed 2-109 Alcoholic Liquors Pilot license 2-105 Consumption, prohibited at places 18-1305 Stunt or trick.flying 2-106 Definitions 18-1301 Use of airport 2-102 License required 13-1501 Annexations—see Appendix A License exceptions. manufacture 18-1302 Apartment, zoning ordinance 29-101 Penalty 13-1503 Appointments recorded by city clerk 1-307(2) • • 2 GENERAL INDEX , Arcade Ch.-Sec. B Ch.-Sec. • Defined 13-1601 Baggage wagons—see vehicles, public Clerk to issue license .13-1605 Bakery - 11-101 License fees 13-1603 Bangs disease 11-307 License required 13-1602 Penalty 13-1607 Bankrupt sales license 13-102(23) Revocation of license 13-1606 Barbed wire prohibited 18-1137 Term of license 13-1604 Barricades for dangerous structures 6-706 Area of city 5-101 Basement, zoning 1 29-101 Ashes 20-101 Bawdy house, keeping 18-602 Ashes,storing 10-118_ B. B. guns 18-11 22 Asses—see Animals B B. guns, parents 18-1123 Assistant City Attorney 1-303(2) Beer • Assault and battery 18-301 • Agents 13-519 Astrologist license 13-102(8) Appeal of revocation 13-510 Application examined by governing body 13-506 Auctioneer's license 13-102(1) Application for license 13-504' Auction room license • 13-102(2) Beverages prohibited 13-511 A uction Sales Cleanliness 13-518 Addition to stock prohibited 13-312 Closed booths prohibited 13-508 Application for license 13-303 Curtains 13-512 Application requirements 13-305 Definitions 13-501 Attendance of licensee 13-311 Disqualifications of applicants 13-506 Bye-bidding prohibited 13-309 Distributors 13-519, 520 City Clerk issues license 13-317. Federal retail liquor tax stamp 13-510 Conviction bar to license 13-308 Fees 13-503 December, none in 13-307. Fee, not prorated 13-503 Definitions • 13-301 Fraternal organizations ` 13-512 False description prohibited 13.315, Gambling 13-514 • Hours of auction 13-306 Hours of consumption 13-508 Inventory 13-304 Hours of sale 13-508 Licensee must be present 13-311 Inspection of place 13-5 13 License required 13-302 Intoxicating liquors prohibited 13-515 Penalty 13-320 Intoxication 13-515 Period between licenses 13-315 License posted 13-507 Place of 13-310 License record 13-507 Police enforce ordinance 13-318 License required 13-502 Quality of goods honestly stated 13-314 Licensee responsible for employees 13-517 Records of sale 13-316 License revocation 13-510 Requirements of sale 13-3 P4- Lodges • 13-512 Resale prohibited 13-316 Manufacturers 13-519 Suspension of license 13-319 Minors 13-508 Tax amount 13-303 Minors 13-510 Moving locations 13-507 ' Term of license 13-317 Penalty 13-521 Two-year interval 13-308; Private rooms prohibited . 13-508 Waiting period 13-303 Revocation of license 13-510 Auto license mutilation 24-303 Rules, acceptance of 13-516 Automobile driving while intoxicated 24-601 Screens 13-512 Street floor for general retailers 13-512 Automobile junk dealers 13-804(e) Wholesalers 13-519. 520 Aviator—see Airman . Wine prohibited 13-505 Aviation—see Airport Zones of prohibition 13-509 Awnings 6-253: 4 Begging 18-1118 GENERAL INDEX 3 Bicycles Ch.-Sec. Board of Public Welfare Ch.-Sec. Brakes 24-1901 Amusements 1-1303 Lights on 24-1807 By-laws 1-1302 Parents liable when 24-1602 Chairman's authority when Board Parking of 24-1601 not in session 13-609 Police to take up when 24-1603 Dance halls 1-1303 Riding on handlebars 24-1504 , Dances, duty chap. 13, art.6 • Traffic ordinance applies 24-205 Membership 1-1301 Billboards No pay 1-1303 Application for license 22-205 Organization 1-1302 Area free of weeds 22-216 Permits 1-1304 Bond 22-205 Permits for carnivals, circuses, tent shows . . . . 13-403 Bond. cancellation 22-222 Pool halls, special license 13-1105 Bond, only one required 22-222 Revocation of permits 1-1304 Bond required 22-209 Theaters • 1-1303 Building Inspector's duties 22-208 Bonds of officers Classification 22-201 Before taking office 1-503 Definitions 22-202 Board of Commissioner approval 1-502 Definitions 22-226 Bonds required 1-507 Expiration on license 22-212 Cashier of Water Department - 1-507(9) Groundsigns requirements 22-215 City Clerk 1-507(5) Inspection '22-207 Combination Manager and Waterworks . Lattice work - 22-215 Superintendent 1-507(3) License exceptions 22-219 Deputy City Clerk 1-507(6) License issuance 22-210 Director of Finances 1-507(4) Licenses 22-205 Manager 1-507(1) License tax 22-206 Superintendent of Waterworks 1-507(2) Loose paper ' 22-224 Treasurer • 1-507(8) Name of advertiser on sign 22-221 City Attorney approves 1-502 Outdoor advertising 22-202 • Existing bonds not affected 1-506 Pasted posters 22-224 Filed with clerk 1-502 Penalty 22-227 Kept in force 1-504 ' Personal business advertisement 22-220 Premium paid by city • 1-505 Refund of fees ' 22-211 Sureties 1-502 • Regulations to be obeyed 22-213 Bonds of Contractors Regulatory ordinance other 22-204 Approved by City Attorney 4-103 Removal, notice to 22-225 Local agent of surety 4-101 Revocation of license 22-225 Requirements 4-101 Roof sign requirements 22-218 Signed by principal 4-102 Setbacks 22-214 Bonfires 10=115 Signs. see Bottling works 11-101 Wall signs regulations 22-217 Boundaries of city 5-101 • Zoning 24,-109a Boundary marks, changing 18-1118 Zoning ordinance 22-203 Bowling alley license 13-102(3) Billiard halls, fire regulations 10-111 Bowling alleys, under building code 6-207 • Billiard halls—see Pool halls Brant—see Fowls Bindweed 14-506 Bridges Boarding house, zoning 29-101 Planning Commission's duties 1-1104 Board of Commissioners approve Fireman's Relief Speed on 24-701, 24-703 Association expenditures 9-203 Superintendent's duties 1-304(2) Board of Commissioners—see Commission Budget law. Treasurer's duties 1-307(4) Board of Health 1-305(2) Builders using streets 18-1125 ■ 4 GENERAL INDEX . Building code Ch.-Sec. Building Code—Continued Ch.-Sec. American Concrete Institute 6-224 Fire door, automatic 6-225 American Society for testing materials 6-222 Fire limits 6-101 Amusement devices 6-224 Fire limits, limitations in 6-212 Apartment 6-210 Fireplaces 6-237 . Apartments, building not used for 6-250 Fireproof construction 6-207 Application for permit 6-265 Fire regulations, certain public places 10-111 Area limits 6-216 Fire stopping 6-226, 6-235 Artificial lighting 6-245 Fire wall 6-210 • Awnings 6-253 Fire wall protection 6-225 Bathroom ventilation 6-215 Floor area 6-216 Beam ends 6-213 Floors 6-221 Beams 6-226 Flues 6-226, 6-237 ' - Bearing wall 6-210 Foundations 6-812 Bolts in wooden construction 6-226 Frame building near other building 6-235 Brick walls, bonding 6-223 Frame construction 6-207 Building code of fire underwriters 6-266 Frozen material, use of 6-223 Building Inspector, duties 6-201, 6-204 Furnaces 6-238 Building inspection fees to city treasury, when. .6-206 Garage near building 6-236 Building Inspector, powers 6-202 Garages 6-242 Building standards 6-266 see also Garages, title Buildings on lot lines 6-236 Girders, wooden 6-226 Canopies 2-252 Habitable rooms 6-214 Ceiling, fire retardant 6-230 Heating appliances 6-238. 6-262 Chimney 6-226 Heavy timber construction 6-207 Chimneys 6-237 Height limits 6-215 Classification of occupancies 6-207 Hotels,buildings not used for 6-250 Code standard 6-266 Hot water pipes 6-241 Codes adopted 6-204 Inspecting during construction 6-205 Columns 6-226 Joists 6-226 Composition roofs 6-234 Lanterns to warn in streets 6-259 Concrete construction 6-224 Light 6-214 Congested area 6-208: 9 Loads 6-222 • ' Construction operations 6-243 Marquees 6-252 Cooking appliances 6-238 Masonry construction 6-223 Cooling towers 6-212 Masonry walls. timber in 6-223 ,Corbeling 6-213 Materials for building 6-222 Definitions 6-207, 6-210 Modified congested area 6-209 Derricks 6-258 Multifamily 6-210 Doors in walls 6-223 National Board of Fire Underwriters 6-222 Downspouts into streets and alleys 6-267 Non-bearing wall 6-210 Drawings 6-264 Occupancies, classification 6-207 Dry rooms 6-261 Occupation separation 6-229 Ducts of warm air heating systems . . . . . . . . .6-240 Openings in roof 6-251 Dumbwaiters 6-244 Ordinary construction 6-207 Dwelling 6-210 Parapet wall 6-210 Dwellings, buildings moved to be used as 6-601 Partitions 6-227 . Egress 6-217 Party wall 6-210 . Elevators 6-244 Penalty 6-269 Elevator shafts enclosed 6-231 Permit 6-203 Enlargement permit 6-203 Permit, application for 6-265 Erection permits 6-203 Permit fees 6-206 Escalators 6-244 Permits 6-205 Exits - 6-217 Permits, countersignature of Fire Chief 6-203 Fees 6-206 Piers 6-223, 6-226 GENERAL INDEX 5 Building Code—Continued Ch.-Sec. Building Code—Concluded Ch.-Sec. Plans and specifications filed with Parapet 6-210 Building Inspector 6-264 Party 6-210 Public building defined 6-207 Stone 6-221 Radiators 6-238 Water heaters 6-238 Rat proofing 6-260 Wind pressure 6-222 ,Removal permit 6-203 Winders 6-217 Repair permit 6-203 Windows in walls 6-223 Risers 6-217 Wooden framewark 6 inches above ground . . . .6-227 Roofs Wooden walls 6-227 Covering 6-233 Workmanship 6-222 Composition 6-234 Zoning requirements—sec Zoning Fire limits 6-233 Buildings, demolition of Outside fire limits 6-233 Assessment • 6-705 Openings in 6-251 Barricades 6-706 . Renewal or repair 6-231 Dangerous and insecure structures 6-703 Roof water not into street or alley 6-268 Dangerous condition . 6-701 Rooming house, building not used for _ 6-250 Definitions 6-702 Scaffolds over sidewalks 8-256 Duties of Fire Chief 6-701 • Semi-fireproof construction 6-207 Notice 6-705 • Shafts 6-231 Procedure 6-704 Sidewalks during building construction 6-255 Unhealthful 6-801 Sidewalks, temporary during building 6-256 Buildings examined for fire hazards 10-101 Sills 6-226 Buildings moved for dwellings—see Dwellings Skylights 6-232 Smoke pipes 6-239 Buildings, moving—see House moving Sprinkler equipment 6-247 Buildings, numbering of Stair treads 6-217 City engineer assigns 23-205 Stairways enclosed 6-231 Even and odd 23-203 Standards adopted 6-204 Numbered 23-201 Steam pipes 6-241 Penalty 23-206 Storing material in street 6-257 Size 23-204 see also Streets Starting points 23-202 Stones 6-238 Buildings, unhealthful 6-801 Stoves 6-262 Buildings, zoning 29-101 Street 6-210 Building Inspector Streets, use during construction 6-255 Applications under zoning ordinance 29-124 Stresses 6-222 Buildings, removal permit 6-203 Structures 6-210 Certificate of occupancy and compliance 29-123 Stucco, exterior 6-228 Duties 6-204 Tenements; 5 stories 6-249 Duties relating to buildings Tenements; rooms in basements 6-248 - moved for dwellings 6-606 - Tenement-tenement house 6-211 Electrical Inspector 6-301 Toilet facilities 6-246 General duties 6-201 - Trash during construction 6-243 House-moving duties - 23-102 Vent flues 6-263 Inspecting signs 22-108 Ventilation 6-214 Inspects during construction 6-205 Walls Inspects elevators, escalators, etc. 6-244 Bearing 6-210 Lot corners • 29-124 Construction 6-219 May require written plan 6-205 Depth, underpinning 6-220 Personal business advertisement, application . .22-220 Fire 6-210 Plans and specifications filed with 6-264 Non-bearing 6-210 Powers 6-202 On lot lines 6-220 Radio interference duties 14-102 Openings, protection of _ 6-225 Salary 1-616 • 6 GENERAL INDEX Building Inspector—Concluded Ch.-Sec. Chickens—see Fowls Ch.-Sec. Sign permits 22-101 Chief of Police—see Police Chief Signs and billboard inspection 22-208 Chief of'the Fire Department—see Fire Chief Signs. removing 22-225 Chimneys to prevent smoke - r 14-204 Smoke duties chapt. 14, art. 2 Chiropodist license 13-102(5) Taxicab license inspection 13-1307 Churches, fire regulations 10-111 Trailer camp 25-103 Church under building code 6-207 Zoning compliance certificate 29-123 Cigarettes to minors I 8-1114 Bus stands 24-1419 Circus with itinerant 'restaurant 11-101 Business building 6-207 Circuses Business district, traffic 24=101 Application for license 13-405 . Business guilty of trash • 20-110 Defined 13-401 Business regulations chap. 13 Gambling prohibited 13-402 see also Licenses Itinerant restaurant,•having 11-101 Business sweeping into streets 20-108 License not transferable 13-407 Busses, interior lighted 24-1804 License,required 13-404 Busses, lighting matches on - I8-1137 Obscene perfomances prohibited 13-408 Busses, parking 24-1404 Penalty 13-409 Butane gas—see Liquified gases Permit from Welfare Board 13-403 Buttermilk, defined 11-301 Tax 13-406 City Attorney C Advises city officers 1-303(1) Cafeteria defined 11-101 Appears before state boards, officers, etc . . . 1-303(I) Canopies 6-252 Approves bonds of officers 1-502 Canvasser's license 13-102(4) Approves contractors bonds 4-103 Carcasses as nuisances 12-102 Assistant 1-303(2) Carnival ' 11-101 Business outside regular salary 1-303(1) Carnivals Courts, appears in for city 1-303(1) Application for license 13-405 Duties 1-303(1) Defined 13-401 Firemen's Relief investments, approves 9-204 Gambling prohibited 13-402 Qualifications 1-303(1) License not transferable _ 13-407 Salary 1-603 License required 13-404 City boundaries 5-101 Obscene performances prohibited 13-408 City Clerk Penalty 13-409 Auction room license 13-317 Permit from Welfare Board 13-403 Beer license 13-506 Tax 13-406 Bonds of 1-507(5) Cash basis duties of Treasurer 1-307(4) Carnival, circus, tent show licenses 13-404 Cattle—see Animals Dance license duties 13-615 ' Cattle under meat ordinance . . . . . . . . . . . . 11-201 (k) Duties generally 1-307(2) Cemetery Duty relating to dances 13-604 Employees 7-102 Eating place fee paid to 11-103 Management 7-101 Licenses issued by 13-101 Rules and regulations 7-102 Milk fees paid to 11-303 Cereal malt beverages—see Beer Nuisance abatement 12-105 Cesspools Nuisance duties 12-103 Defined 21-203 Oil well bond or deposit 15-103 Penalty 21-204 Pool hall license application 13-1102 Removal 21.202 Registers dogs 3-201 Suppression 21-202 Salary 1-608 Where prohibited 21-201 Taxicab license 13-1309 Chancroid—see Venereal diseases City Court Chauffer's license 24-301 Appeals 8-113 Chickens at large 18-1116 Bond for costs .. 8-117 Chickens, keeping 18-903 Change of venue 8-112 • • • GENERAL INDEX 7 City Court—Concluded Ch.-Sec. City Manager Ch.-Sec. Clerk 8-102 Administers city's business 1-201 • Clerk, bond of 8-120 Administrative ability, appointed on 1-202 Clerk pays money to persons entitled 8-119 Affairs of department, may cause investigation. . 1-204 Clerk's duties 8-109 Appointed by Commission 1-109, 1-202 Costs, collections 8-118 Appoints officers and employees 1-204 Costs, security for 8-117 Appoints on merit and fitness 1-204 Courtroom 8-111 Approves sureties on street excavation bond . .23-403 Docket 8-110 Auction rooms, assigns officer to 13-318 Established 8-101 Auction room, suspends license of 13-319 Fees 8-118 Bond fixed by Commission 1-203 Judge 8-102 Bond of 1-507(1) - Judge pro tem 8-114 Cemetery duties 7-101 Jurisdiction 8-103 Commandeering vehicles for fire department . . .9-112 Marshall 8-102 Department heads, appoints I-302 Marshall. bond of 8-121 Determines police personnel ' 17-101 Money, disposition of 8-119 Duties generally 1-204 Oath of officers ' 8-116 Employees • 1-404 Officers not to act as counsel 8-115 Erect traffic signs 24-406 Officers not to practice law in the court 8-105 Fire Chief reports to 9-106 Officers reside in city 8-106 Fire department recruits, physician selects . . . .9-101 Process 8-104 Fire department, supervises generally 9-104 Process 8-107 Licenses, signs 1-307(2), 13-101 Qualifications of officers • 8-106 Mad dog proclamation 3-204 Salaries 1-611, 8-108 Marks time parking zones chap. 24, art. 14 Stationery 1 8-110 May act in any capacity 1-401 Supplies 8-111 Meat inspector, appoints 11-203 Term of office 8-122 No parking zones 24-1412 Terms of officers 8-105 No vote with Commission I-204 Vacancies 8-123 Office at pleasure of Commission 1-202 Venue, change of 8-112 Officers and employees, appoints 1-302 City Engineer Offices and positions not limited 1-402 Parking meters, installs 24-2305 Advises manager and Commission 1-304(1) Parking space designation 24-1411 Curb-cut permits. grants 23-301 play streets 24-1707 Driveway duties chap. 23. art. 3 Police Chief's duties 17-102 Numbering buildings 23-205 Pool hall application approval 1 13-1103 Plans and specifications for sidewalks. Pool halls, special permit for minors 13-1106 driveways, curbs, and gutters 23-1101 Quiet zones 24-1706 Prepare plans,specifications.and estimates . . 1-304(I) Residence not required 1-202 Professional engineer 1-304.(1) Removes officers and employees 1-204 Salary 1-607 Safety zones and lanes 24-407 Specifications for driveways 23-302 Salary 1-602 Street excavation duties chap. 23, art. 4 Salary fixed by Commission 1-203 Street grade duties chap. 23. art. 5 Salaries other than those fixed 1-613 Surveying 1-304(I) Seat in public meetings 1-204 Utilities and streets 1-304(1) Signs one-way alleys 24-1407 City Health Officer Slow signs for traffic 24-1008 General duties I-305(1) Special police for dances 13-608 Salary 1-604 Stop signs 24-1304 . Stop signs: traffic control devices 24-1007 Secretary, Board of Health 1-305(2) Superintendent of Streets reports to 1-304(2) ' Unhealthful structures, condemning . . . . , . . .6-801 Superintendent of Waterworks 28-102 City limits described 5-101 Taxicab drivers licenses 13-1314 City limits for aircraft purposes 2-101 Turn signs 24-1001 8 GENERAL INDEX City Manager—Concluded Ch.-Sec. Commission—Concluded Ch.-Sec. ' Vehicles, public, licenses 13-1202 Chairman; Mayor 1-104 Warrants, countersigns 1-205 Departments created by 1-111 City physician I-305(3) Manager's salary fixed by Commission 1-203 Mayor chosen annually 1-104 City physician. venereal disease duties art. 2.chap. 12 Meetings 1-106 • City Planning Commission Membership 1-101 Additions recommendation as to zoning 29-126 Members not to interfere with Appointment 1-1102 conduct of department 1-110 Area district map 29-114 Offices, providing for 1-108 Changes to zoning referred to 29-129 Order of business 1-105 Created 1-1101 Ordinances 1-107 Duties 1-1104 Powers generally 1-102' Opening streets 1-1107 Responsible for efficient administration • 1-109 Organization 1-1103 Salaries fixed by 1-108 Planning of city 1-1104 Special meetings, call for 1-106 Plans and plats I-1105 Titles, no distinction 1-103 Plats approved by City Commission • 1-1106 Compounding offense I8-501 Qualifications 1-1102 Concealed weapons 18-1128 Use map and changes 29-102 Concrete work, fee and bond 23-1103 Zoning—see Zoning Concrete work permit 23-105 City property taking 18-414 Concubinage 18-605 City Seal 1-701 Connecting rooms in pool halls 13-1109 City Treasurer Cooking appliances 6-238 Bond of 1-507(8) Cooling towers 6-212 Firemen's Relief Association, custodian of funds.9-202 Corn doctor's license I 13-102(5) ' General duties 1-307(4) Courts—see City Court and Police Court Books and records to successor Cows, at large 3-101 Budget law Cream defined 11-301 Cash basis act Crimes—see Public offenses Combination warrant-checks Crop growing close to street 23-602 Depositories Crowds 18-701 Deposits daily Culverts, Superintendents duties 1-304(2) Monthly statement Culverts, wooden prohibited 23-604 Pays out on warrant Curbs Quarterly financial report • Curb filling stations 18-1133 Receipt for licenses Driveways chap. 23, art. 3 Receipts Fee and bond 23-1103 Records Inspection 23-1108 Warrants, bonds, etc., to city clerk Permit 23-1105 Library duties 1-902 Plans and specifications adopted 23-1106 License tax paid to 13-101 Reconstructed when driveway abandoned _ . . .23-306 License tax paid to 13-208 Specifications 23-1101 Salary 1-608 Curfew 18-1111; 18-1112 Civil Aeronautice Board 2-103 Civil air regulations 2-103 D Clairvoyant license 13-102(8) Dairy products—see Milk Clothing by sample license 13-102(24) Dance halls Clubs, under building code 6-207 Board of Public Welfare 1-1303 Coffee shop defined 11-101 Under building code 6-207 Co-habitation 18-601 Dances Commission Application for license 13-614 ' Additional departments 1-309 Application may be referred Appoints City Manager 1-109 to City Commission 13-615 Appoints Manager 1-202 Certificate from Welfare Board 13-602 • GENERAL INDEX 9 Dances—Concluded Ch.-Sec. Dogs—Concluded Ch.-Sec. Certificate period 13-608 Killing during proclamation 3-205 Certificate required 13-610 Killing of impounded 3-203 Club dance 13:603 Mad dogs 3-204 • Disorderly conduct 13-606 Notice of impounding 3-203 Distance from dwellings 13-613 Proclamation 3-204 License - 13-612 Prohibited from certain buildings 3-208 • License expiration 13-616 Redeeming 3-203 License fees 13-614 Registration 3-201 License not transferable 13-616 Registration, time of 3-201 Night clubs 13-612 Running at large 3-202 Organization dance 13-603 Tag 3-201 Organization must show not subject to 13-602 Tax on owners 3-201 Penalty 13-611 Vicious 3-206 Penalty 13-618 Downspouts 6-267 Permit period 13-607 Drays—see Vehicles, public Permit required 13-610 Driver 24-101 Public dance defined 13-601 Driveways Revocation of license 13-616 Cutting curb - 23-301 Society dance 13-603 Driveway 24-101 Special police officer 13-608 Fee and bond 23-1103 Sunday dances 13-617 Inspection 23-1108 Supervision 13-604 Penalty 23-303 Supervisor, pay of 13-604 Penalty 23-307 Dentist. itinerant. license 13-102(6) Permit 23-1105 Depart ment of Finance 1-307 Permit to cut curb 23-301 Department of Public Welfare 1-305 Plans and specifications 23-1101 Department of Service 1-304 Plans and specification adopted 23-1106 Department of Waterworks 1-308 Reconstruction of curb Depositories 1,-307(4) when driveway abandoned 23-306 Deputy city clerk Requirements at time curbing and guttering 23-305 Appointment - 1-302(3) Specifications 23-302 Bond 1-507(6) Unpaved 23-304 Duties 1-307(3) Drovers 3-105 Salary 1-608 Druggists keep records of venereal disease Device to evade meters 19-103 preparations' sales 12-213 , Dikes—see Appendix B Drug samples 18-1121 Director of airport 2-112 Drug stores, Board of Public Welfare I-1303 Director of Finances Ducks—see Fowls Appointment 1-307(1) Dwellings Bond 1-507(4) Administration of ordinance 6-608 Issues warrants or warrant-checks 1-205 Application to move 6-603 Dirt 20-101 Bond 6-604 Dirt hauling 18-1124 Building Inspector's duties 6-606 Disease, notification in eating place 11-110 Buildings moved to be used as 6-601 Disease. persons handling milk 11-313 Fee deposited 6-602 ' Disorderly conduct 18-702 Penalty 6-609 Disturbing peace 18-623 Permit 6-605 Doctors, itinerant, license 13-102(6) Plans and specifications 6-603 Dogs Violation of permit 6-607 City Clerk registers • 3-201 Collar 3-201 E Fighting 18-904 Eating and drinking establishments Firearms use to kill 18-704 Bactericidal treatment I1-106 Impounding 3-203 Condemnation of unwholesome food or drink. 11-104' • 10 GENERAL INDEX Eating and drinking establishments—Concluded Ch.-Sec. Electrical Code—Concluded Ch.-Sec. Definitions 11-101 Fees 6-307 Disease, notification of 11-110 Fire. case of 6-305 Disease, procedure when 11-III Garage wires 6-314 Doors and windows 11-106 Header boards ' 6-322 Employees' cleanliness 11-106 Inflammable liquid tanks 10-206 Enforcement 11-112 Inspector—see title • Equipment I I-1'06 Inspections 6-329 Examination of food and drink I1-104 Low ceiling wires 6-316 Fee paid to City Clerk 11-103 Metal raceways 6-317 Floors 11-106 Meter location 6-315 Handling of utensils I1-106 Motor switches 6-318 Inspection I1-105 Panel box 6-313 Inspection report posted I1-105 Penalty 6-332 Itinerant restaurant construction 11-106 Permits 6-307; 308 Lavatory facilities 11-106 - Receptacle openings 6-324 Lighting 11-106 Service entrance 6-311 • Milk cool 11-310 Service switches 6-312 Milk sale permit 11-303 Setting meter 6-325 Military officer requesting disease examination . 11-111 Wire over streets 6-309 Most conform to ordinance 11-107 Wires interfering with firemen 6-326 Penalties 1I-113 Electrical Inspector Permit reinstatement 11-10S Bond 6-301 Permits required 11-102 Building inspector may be - 6-301 .Permits issued by health officer 11-103 Duties 6-302 Poisonous substances 11-109 Enforcement of Electrical Code 6-331 Refrigeration 11-106 Entering buildings 6-303 Reinstatement of permit 11-108 Fees to charge 6-307 Revocation of permit I1-I05 In case of fire 6-305 Saline County Medical Society power I1-111 Inspections 6-329 Sanitation requirements 11-106 Qualifications 6-301 Storage and display of food and drink 11-106 Records 6-307 Suspension of permit I1-105 Special decisions 6-304 Toilet facilities I1-106 Electric Franchise. Appendix C 1 Ventilation 11-106 Electricians Walls and ceilings 11-106 Bond 6-306 Wastes, disposal of 11-106 Fees and permits 6-307 Water supply - 11-106 License 6-306 Wholesomeness of food and drink I1-106 License before permit 6-308 Elections—see Wards and precincts Penalty 6-332 Electrical Code Responsibility '6-330 Alteration or changing 6-328 Electric wiring—see Electric Code Armored cable 6-323 Embezzlement 18-406 Back porch meters 6-315 Emergency vehicles 24-204 Bathroom lights 6-321 Employees, appoint by manager 1-404 ' Buildings to be moved for dwellings 6-603 Employing plumber 6-401 Circuits 6-320 Escape from officer 18-513 City not liable 6-330 Estimates 1-304(1) Code 6-310 Excavations in streets Concealed wiring 6-327. Application for permit 23-402 Conduit 6-317 Bond • 23-403 Decisions of Inspector 6-304 Danger barriers and light ' 23-411 Defective wiring 6-319 Deposit to refill 23-404 Electricians—see title Deposits. refund 23-406 • Enforcement 6-331 Excavations preceed pavement 23-410 • GENERAL INDEX - 11 Excavations in streets—Concluded Ch.-Sec. Fire Chief—Concluded Ch.-Sec. Filling 23-405 Summons off-duty firemen at alarm 9-102 General penalty 23-413 Uniforms, directs wearing 9-103 Money credited to street department 23-408 Fire Department No rod or stake driven through pavement 23-409 Assistant Chief 9-105 Paving not broken for one year 23-410 Badges worn by members 9-103 Permit required 23-401 Commandeering vehicles 9-112 Plans and specifications 23-405 Cut down buildings 9-108 Refilling 23-407 Discipline enforced by Chief 9-104 Removing signals 23-412 Disorderly conduct at fire 9-113 Warning facilities 23-407 Electric wires interfering • 6-326 Exhibitionism 18-610 Fire alarm 9-102 , Expectoration 18-1101 Fire guard 9-109 Explosive 24-101 Firemen attend fires 9-107 Explosives 10-119 Firemen refusing duty 9-110 Explosives, transporting 24-2001 Fires, Chief controls at 9-105 Express companies, license' 13-102(7) Gas Company furnishes shut-off keys 6-513 Express wagon—see Vehicles, public General duties . 1-306(2) Ex-Service men license free 13-214 Insurance ascertained 9-106 Inventory of fire department property 9-106 F Ch.-Sec. Loss at fires. record 9-106 Failure to remove fire hazards 10-105 Off-duty, respond at alarms 9-102 Fair eating place 11-101 Parades 24-1703 False pretenses 10-409 Penalty 9-105 Farmers exempt from peddlers tax 13-213 Penalty 9-114 Ferris-wheels 13-401 Physician selected by manager 9-101 Filth 20-101 Planning Commission's duties I-1105 Fire alarm 9-102 Property of, taking 9-1 1! Fire alarms, false 18-705 Record of fires 9-106 Fire apparatus, following 24-1708 Recruits 9-101 Fire apparatus, size not governed 24-2101 Taking fire department property 9-11 l 18-704 Stations, maintenance of 9-104 Firearms, discharge Fire Chief Theft at fires 9-105 • Badges, direct wearing 9-103 Uniforms worn by members 9-103 Commandeer vehicles 9-I 12 Fire escapes,fire hazards 10-104 Countersigns building permits 6-203 Fire hose, crossing 24-1709 Demolition, may order to check fire 9-108 Fire hydrant, no parking by 24-1406 Discipline, responsible for 9-104 Fire hydrants not obstructed 10-114 Duties relating to dangerous structures 6 1701 Fire Inspectors 10-101 Electrical wiring in case of fire 6-305 Fire limits 6-101 Examines schools, theaters, hotels, etc 10-112 Fire limits, signs in 22-103 Fire guard, may form 9-109 Firemen's Relief Association Fires, controls at 9-105 Benefits, who entitled to 9-207 Fireworks stock inspection 13-710 Board of Commissioners approve expenditures . .9-203 Fumigant permit • 10-122 By-laws adopted by Association 9-201 House moving duties 23-102 City Treasurer, custodian of funds 9-202 House moving, notified where house is at night 23-106 Composed of firemen 9-201. Inspection of liquified gas installations 10-307 Double pension prohibited 9-207 Liquified petroleum gases 10-306 Fire Chief is president ' 9-201 Measures to prevent fires 10-101 Funds, how handled 9-202 Physical examination of recruits, approves . . . .9-101 Funds in trust 9-205 President of Firemen's Relief Association . . . .9-201 Funds,. use of 9-204 Record of fires 9-106 Insurance 9-206 Report, annual to manager • 9-106 Loan to city 9-205 Salary 1-606 Officers 9-201 • 12 GENERAL INDEX Firemen's Relief Association—Concluded Ch.-Sec. Fireworks—Concluded Ch.-Sec. Relief of firemen 9-205 Vehicles, not to be thrown in 13-708 Use of funds 9-204 Window display 13-706 Fire Prevention Flammable liquid, traffic 24-101 Ashes, storing 10-118 Flight of aircraft 2-101 Boiling pitch and tar 10-115 Flying. height of 2-107 Bonfires 10-115 Food, unwholesome 18-1130 Examination of buildings for 107101 Foods—sec Eating and drinking establishments Examination of schools, theaters, hotels 10-112 Foods—see Meats Explosives 10-119 Foods—see Milk • Explosives other than gunpowder 10-121 Fornication - 18-605 Failure to remove in three days 10-110 Fortune tellers license 13-102(8) Fire Chief reports violations 10-113 Fowls "Fire Exit" signs * 10-111 At large 18-1116 Fire hydrants 10-114 At large prohibited , 3-101 Fire Inspectors 10-101 Fees for impounding 3-104 Fumigants 10-122 Impounding 3-102 Gasoline, sale on streets prohibited 10-123 Keeping 18-903 Gunpowder 10-119 Running at large prohibited i 3-101 Flay in fire limits 10-117 Sale of impounded 3-103 Inflammable liquid tanks 10-201 Frame construction 6-207 Inflammable materials not to be kept 10-102 Franchises—see particular titles and Appendix Inspections, frequency 10-108 Frontage changes—see Appendix D Litter and trash 10-110 Fruit. destroying 18-402 Measures for prevention 10-101 Fumigants 10-122 ' Obstructions unlawful 10-104 Funerals and traffic 24-1704 Ordering removal of hazards 10-103 Funerals, taxicabs - 13-1338 Orders are not waivers 10-107 Furnaces and smoke 14-203 Packing material 10-117 Penalties 10-109 G Penalty 10-124 Gambling at carnivals, circuses, tent shows . . 13-402 Retaining wall around tanks 10-207 Gambling device 18-614 Roofs of tanks 10-204 Gambling in beer places 13-510, 13-514 Rubbish 10-102 Gambling, leasing premises for • 18-620 Tank construction 10-202 Gambling nuisances, complaint, process • 18-622 Theatres. etc.. regulations 10-I1 l Gambling, permitting on premises 18-619 Vents on tanks 10-203 Gambling prohibited 1'8-61,7 Fire sale license 13-102(23) Gambling--see also Gaming Fireworks Gambling tables, etc. 18-615 Discharging 13-705 Gaming device or house 18-618 Display 13-705 Gaming house, keeping 18-602 • Hospitals, not thrown near 13-708 Gaming—see also Gambling Inspection of stock 13-710 Garages License fee 13-702 Construction 6-242 License to sell 13-702 Fireproof as part of residence 29-108 Nuisance 13-711 Near building 6-236 Parents duty 13-709 Private. next to residence 29-108 Penalty 13-712 Private, zoning 29-101 Prohibited 13-701 •Public, zoning 29-101 Prohibited zone 13-707, 8 Sprinklers 6-247 Sales time 13-703 Wires 6-314 Service stations not to handle 13-707 Zoning 29-101 Storage 13-704 Garbage Throwing prohibited 13-708 Barrels, vats, tanks for carrying 20-III Time limit for discharging 13-705 Dumping in Smoky Hill 20-112 GENERAL INDEX • 1 13 Garbage—Concluded Ch.-Sec. Goats—Concluded Ch.-Sec. Hauling 20-Ill Keeping 18-903 Nuisance in Smoky Hill 20-115 Milk 11-301 Offensive odors 20-111 Number limited 3-110 Packing house garbage 20-111 Nuisance 3-111 Poultry plant garbage 20-1l l Under meat ordinance 11-201 (k) Transporting 20-111 Gonorrhea—see Venereal Diseases Gases liquified—see Liquified gases Grades of streets Gas fitter. license and bond 6-504 Bench marks established 23-501 Gas franchise, Appendix C 2 Change of grade by ordinance 23-504 Gas meter, tampering • 19-101 Contour maps 23-502 Gasoline. sale on streets prohibited 10-123 Grades hereafter established 23-503 Gasoline'stations not to handle fireworks 13-707 Grade recorded by city engineer 23-504 Gas piping and fixtures Present grades 23-502 Application for permit 6-502 Grade'stakes changing • 18-1118 Concealing leaks 6-509(8) Grass 20-101 Condemning system 6-507 Grass, rank 12-104 Connection with mains 6-506 Grocery store l.1-101 • • Connection with mains 6-511 Gunpowder permit 10-120 Damper 6-509(4) Gutter Duties of plumbing inspector 6-501 Fee and bond 23-1103 Fire tests on inside work 6-509(11) Inspection 23-1108 Flexible connections 6-509(19) Obstruction 18-1125 Flue and vent connections 6-509(3) Permit 23-1105 Gas stoves, certain places 6-509(20) Plans and specification adopted 23-1106 Inspection and approval 6-515 Specifications 23-1101 Inspection fees 6-505 Superintendent's duties 1-304(2) Inspection notice 6-503 Installation requirements 6-510 H License of gas fitter 6-504 Hay in fire limits 10-117 Master valve 6-509(12) Health Meters 6-511 Abatement of certain nuisances 12-105 Outlets - 6-509(5) (6) Board of Public Welfare 1-1304 Penalty 6-518 Disease in eating place, duty 11-111 Permit required 6-502 Health officer, general duties 12-101 Person defined 6-519 Nuisances. abatement 12-103 Pilot light 6-509(17) Nuisances, assessment for removal 12-105 Pipe sizes • 6-514 Nuisances, removal 12-102 Pipe supporting weight 6-509(9) Ponds 12-104 Plumber 6-504 Privies 12-102 Releasing gas from mains 6-512 Vegetation, decaying 12-102 Responsibility 6-517 Venereal diseases—see this title Rubber connection 6-509(19) Water. stagnant 12-102 Rules and regulations 6-509 See also Nuisances Shut off valves at curb 6-513 Health Department. member on plumbers Split or broken fittings 6-509(7) examiners' board 1-1203 Steam boiler 6-509(18) Health officer Testing 6-508 Appointment 11-101 Turning gas on and off 6-509(1) Condemns unwholesome food or drink 11-104 Valves 6-509(13) to (16) Inspects food and drink places - 11-105 Gas wells—see Oil and gas wells Meat ordinance - 11-202 Geese—see Fowls Milk duties art. 3, chap. I I Glass, putting on highway 24-1710 Power to enter premises in regard to health . . 12-101 Goats Hedge fences along streets 23-601 At large • 3-101 Hitchhikers 24-1105 • 14 GENERAL INDEX Hogs Ch.-Sec. Ch.-Sec. Impounding 3-102 Inspections 1-306(3) Meat ordinance 11-201 (k) Insurance Company license 13-102(11) Prohibited 3-I 08 Intersection 24-101 Horses—see Animals Interstate Commerce 13-212 Hotels, Board of Public Welfare 1-1303 Intoxicating liquor, driving under the influence of .24-601 House moving Intoxicating liquor in beer place 13-515 Application for permit to move . . . . , . . . . .23-101 Intoxicating liquor in pool halls 13-1107 Block-end signals 23-106 Bond before permit 23-110 Building Inspector's duty p 23-102 Certain streets prohibited 23-104 Jail breaking 18-509 Certificate of approval 23-102 Jail, carrying instruments into 18-506 City Clerk issues permit when 23-102 Journeyman plumber 6-401 Extending over curb line 23-107 Juke boxes 13-901 Fee for permit 23-101 Junk dealer Fire Chief's duty 23-102 Application for license 13-803 Lights and lanterns 23-105 Automobile junk dealers 13-804(e) Night duties 23-106 Automobile junk parts dealers 13-804(f) . Penalty 23-109 Fence 13-808 Planking of streets 23-III Junk buyer 13-804(b) Wires, notice to remove _ 23-103 Junk collectors 13-804(c) Wires, removal of 23-103 Junk dealers 13-804(a) • Standing in streets 23-105 Junk defined 13-801 Trees 23-108 License 13-802 House of ill fame 18-609 License application 13-803 House of prostitution 18-606 License for each place 13-807 • House removal permit - - 6-203 License revocation 13-809 House trailer—see Trailer camp License taxes 13-805 Huckster license 13-102(21) Paper junk dealers 13-804(d) Hydrant charges 28-121 Penalty 13-811 Hydrants, handling 18-404 Permanent building 13-808 Hydrophobia in dogs 3-204 Police inspection 13-808 • Reports daily 13-810. I Sanitation 13-808 Ice—see Snow Storage regulations 13-808 Ice cream vendor's license - 13-102(10) Vehicles licensed - 13-806 Impersonating an officer 18-514 Zoning 13-808 Impounding animals—see 3-102, 3-103, 3-104 Indecency 18-601 K Indecent exposure 18-610 Keeper of gaming house or brothel 18-604 Indecent language 18-702 Kitchen defined 11-101 Industrial development Knucks 18-1129 • Department 1-801 Director . 1-802 Inflammable liquids ' L • Measuring openings 10-205 Land owned by city—see Appendix E ' Placing tanks 10-201 Larceny 18-401 Premises for inflammables 10-208 Law, department of 1-303 Retaining wall 10-207 Libraries under building code 6-207 Roofs on tanks 1 10-204 Library Storage 10-201 Failure to return books . 18-416 Tank construction 10-202 Mutilating books 18-417 Tanks electrically grounded 10-206 Ordinance to be posted 18-418 Vents on tanks 10-203 Stealing books 18-415 • • GENERAL INDEX 15 Library Board Ch.-Sec. licenses—Continued Ch.-Sec. Appointment of 1-901 Opticians. itinerant 13-102(6) City Treasurer's duty 1-902 Order takers 13-102(16) Created 1-901 Palmists 13-102(8) Duties 1-902 Parades 13-102(27) Membership 1-901 Pawnbrokers 13-102(16-a) Treasurer of 1-902 Peddlers. general 13-102(18) Vacancies 1-901 Peddlers of clothing and dry goods . . 13-102(17) Licenses Peddlers of edibles 13-102(21) Amount of tax Photographers, itinerant 13-102(20) • Amusement devices 13-102(19) Pin ball machines 13-102(19) Arcade 13-1603 Plumbers 6-408 Astrologists 13-102(8) Pool tables 13-1101 Auction rooms 13-102(2) Proprietary medicines - 13-102(12) Auction sales 13-303 Public vehicles 13-1203 Auctioneers 13-102(1) Recreation devices 13-102(19) Bankrupt sales 13-102(23) Sales 13-102(23) Bargain sales 13-102(23) Sample sales 13-102(24) Beer 13-503 Shooting gallery 13-102(26) Billboards 22-206 Sidewalk stands 13-102(22) Billiard tables 13-1101 Skating rink 13-102(25) Bowling alleys 13-102(3) Street parades 13-102(27) Canvassers 13-102(4) Street sales 13-102(9) • Carnivals 13-406 Street stands 13-102(22) Cereal malt beverages 13-503 Street vendors 13-102(28) Chiropodists 13-102(5) Surety bond companies 13-102(11) Circus 13-506 . Taxicab driver's license 13-1313 Clairvoyant 13-102(8) Taxicabs 13-1310 Corn doctors 13-102(5) Tent show 13-506 Dances 13-614 Theaters 13-102(15) Dentists, itinerant 13-102(6) Transfer 13-1203 Doctors, itinerant , 13-102(6) Application for 13-201 Drays 13-1203 City Clerk issues 13-101 Electricians 6-306 Delinquencies 13-204 Express Company 13-102(7) Exhibited 13-205 Fire sales 13-102(23) Existing licenses 13-218 Fireworks 13-702 Ex-Service men exempt 13-214 Fortune tellers 13-102(8) Farmers exempt 13-213 Gas fitters 6-504 Forfeiture 13-211 Goods on streets 13-102(9) Free licenses to ex-soldiers 13-214 Hucksters 13-102(21) Growers 13-213 Ice cream vendors 13-102(10) Inspection 3-207 Insurance agents 13-102(11) Inspection 13-206 Insurance companies 13-102(11) Interstate Commerce 13-212 . Itinerant vendors 13-102(12) Law not to be violated 13-216 Junk dealers 13-805 Licenses, attested by City Clerk 1-307(2) Loudspeakers 13-1402 Manager signs 13-101 Marble games 13-102(19) New businesses 13-203 Merry-go-rounds 13-102(13) Not transferable 13-209 Mind readers 13-102(8) Nuisances 14-401 Museums - 13-102(14) Ordinances not affected 13-215 Music machines 13-901 Ordinance to be complied with 13-217 Nostrums 13-102(12) Paid to treasurer 13-101 ; 208 Oculists, itinerant 13-102(6) Penalty 13-219 • Opera houses 13-102(15) Posted 13-205 • 16 GENERAL INDEX Licenses—Concluded Ch.-Sec. Mayor Ch.-Sec. • Producers 13-213 Annual election ]-]04 Refund, none 13-209 May offer reward ]8-]07 • Required of certain endeavors 13-101 Member library board 1-901 Separate license 13-210 Official head on formal occasions 1-104 Suit for tax 13-220 Meat Tax paid to City Treasurer 13-208 Ante mortems 11-204 Tax, when due 13-202 Carcasses, use of 11-207 Term of 13-202 Cereals 11-417 Lighting, artificial 6-245 Cleanliness 11-213 - Limits of city described 5-101 Condemned 11-204 Liquified gases Condemned products 11-206 Appeals IO-313. Definitions 11-201 Application on for Establishments, existing 11-227 PP permit ]0-306 Facilities I1-210 Application of ordinance 10-301 Charging of containers 10-309 Fee for permit ]I-224 Containers, classification 10-303 Horses 11-205 Definitions 10-305 Ingredients, wholesome 11-215 Design working pressure of containers 10-304 Inspection marks 11-226 Fire Chief's duties 10-306 Inspectors - 11-203 Inspections 10-307 Meat handlers examined 11-211 Location of containers 10-308 Medical examination of handlers I1-211 Odorants 10-312 Misbranding ]]-p2p Permit 10-306 Misbranding defined 11-221 Piping and connections 10-310 Mules 11-205 • • Size of containers 10-308 Notices to inspection 11-208 State Fire Marshall's regulations 10-302 Penalty ]1.229 Supplements state regulations 10-302 Permit fee 11-224 Transportation ' 10-311 Permit issuances of I1-224 Liquified petroleum gas—see Liquified gases Permit suspension 11-225 Permits 11-222 Literature, obscene 18-801 Permits, aplication for 11-223 Livestock Sanitary Commission 11-307 Processes subject to inspection 11-214 Lodge halls, fire regulations . 10-111 Requirements of etsablishments 11-202 Lodge room, under building code 6-207 Residences not to be used 11-212 Salary of inspector 11-228 Lot. zoning 29-101 Samples for examination 11-219 Lotteries 18-1001 Slaughtering hours - 11-209 Loudspeakers Substitutes 11-217 Hours prohibited 13-1403 Sulphides prohibited 11-216 License required 13-1402 Suspension of permits 11-225 License tax 13-1402 Trichinae 11-21'8 Operations prohibited 13-1403 Meat markets 11-101 Penalty 13-1404 Medicine samples 18-1121 Luncheonette defined 11-101 Meetings of Board of Commissioners 1-106 M Meetings open to public 1-106 Meetings, special, clerk's duties 1-307(2) Mad dogs 3-204 Memorial Hall Magazines, immoral 18-802 Entering without paying 18-1131 Malicious mischief 18-410 Income 1-1003 Manager—see City Manager 1-ease of 1_1002 Manure 20-101 Powers and duties of board 1-1002 Marble machine license 13-102(19) Trustees 1-1001 Marquees 6-252 Vacancies in trustees 1-1001 Master plumber 6-401 Merry-go-round license 13-102(13) GENERAL INDEX 17 Ch.-Sec. Milk and dairy products—Concluded. Ch.-Sec. Merry-go-rounds 13-401 Placarding 11-304 . Meters, unsealing 19-101 Penalty 11-316 • Meters, utility. wiring around 19-101 Permit fees 11-303 Milk and dairy products Permits 11-303 Adulterated products 11-301 Posting of grade 11-305 Application for permit 11-303 Reconstituted milk defined 11-301 Area inspection 11-311 Regrading 11-309 Bangs disease 11-307 Residences quarantined 11-310 Bottles I1-310 Sale of adulterated milk I1-302 Butter fat defined I1-301 Sale of misbranded milk 11-302 Buttermilk defined . . .0:, 11-301 Sale of ungraded milk 11-302 Certified milk • 11-307 Service in eating and drinking establishments . . 11-106 Containers 11-310 Skimmed milk defined 11-301 Cooling • 11-310 Supplemental grading 11-309 Cream defined 11-301 Suspension of permit 11-303 Cultured buttermilk defined 11-301 Suspension of permit 11-306 Dairy 11-301 Twenty-five mile limit 11-311 Definitions 11-301 Vitamin D milk defined 11-301 Degrading 11-306 Vitamin D milk grades 11-307 Delivery containers I1-310 Mind reader license 13-102(3) Dipping milk 11-310 Miniature pool and billiard tables • 13-1102 Disease notification 1 1-31 3 Minors Disease suspected, procedure 11-314 Cigarettes 18-114 Diseases other than Bangs 11.-307 Court jurisdiction 18-10'6 Eating places to keep milk cool 11-310 Pawnbrokers 13-1003 Enforcement 11-315 Pool halls 13-1105 Examination of milk 11-306 Public vehicles 13-1204 Fees 11-303 Second hand dealers 13-1003 Future dairies 11-312 Smoking 18-1116 Goat milk defined 11-301 Minutes kept by City Clerk 1-307(2) Grade I 1-305 Misdemeanors—see Public offenses Grade A pasteurized milk 11-307 Mob 18-701 Grade A raw milk 11-307 Monument business 29-110a Grade B raw milk 11-307 Motion pictures theaters, under building code 6-207 Grade C raw milk 11-307 Motor vehicle 24-101 Grades announced every 6 months 11-305 Motorcycle ' 24-101 Grades that may be sold 11-308 Mules—see Animals Grading of milk and milk products 11-307 Museum license , 13-102(14) Half and half 11-301 Museum under building code 6-207 Homogenized milk defined 11-301 Music machines Inspection of dairy farms 11-305 Definitions 13-903 Inspection of milk plants- 11-305 License tax 13-901 • Labeling 11-304 Obscenity 13-902 Milk beverage defined 11-301 Penalty 13-904 Milk defined 11-301 Regulations , 13-902 Milk distributor 11-301 Milk inspection area 11-311 Milk plant defined 11-301 N • Wilk producer 11-301 Nails. putting on highway 24-1710 • Milk products defined 11-301 Narcotic drugs Misbranded milk 11-301 Dccocainized coca leaves 18-1103 Mixing milk I1-310 Distribution 18-11.02 Pasteurization defined • 11-301 Driving under the influence of 24-601 Pasteurizing plants, permit fees 11-303 Hospital 18-1101 • 18 GENERAL INDEX Narcotic drugs—Concluded Ch.-Sec. Obnoxious growths Ch.-Sec. Opium and coca leaves 18-1101 Assessing cost of abatement 14-504 Penalty 18-1104 City may abate 14-502 Navigate 2-101 Cut or destroyed 14-501 Newspaper, scandalous 18-802 Nuisance 14-502 Night clubs 13-612 Penalty 14-505 Nitroglycerine 18-1120 Unlawful to interfere with city 14-503 Noise—see Loudspeaker Obscene performances 13-408 Nuisances Obscene writing 18-124 Abatement 12-103 Abatement 12-105 Obtaining property by false pretenses. 18-409 Assess cost 20-107 •Oculist, itinerant, license • 13-102(6) Assessment for removal 12-103 Offenses—see'Public offenses Boiler plants and smoke 14-204 Offensive language 18-702 Carcasses removal 12-102 Officers—see particular titles Cesspools 21-201 Offices provided by Commission 1-108 Filth 20-106 Furnaces emitting smoke 14-203 Salaries chap.!. art. 6 18-621 Take oath 1-406 Gambling places Turn money to City Treasurer daily 1-307(4) Grass, rank 12-104 Health officer's powers 12-101 Oil and grease in sewers or river 18-1127 Loudspeakers chap. 13, art. 14 Oil and gas wells Manure 20-106 Application for permit 15-102 Notice to abate 20-107 Bond 15'-103 Obnoxious growths 12-104 - City Engineer, oil well pipe lines 15-106 Obnoxious growths 14-502 Consent of owner of land • 15-109 Odors 12-102 Deposit 15-103 Peddlers and solicitors as 14-401 Drilling agreement 15-102 Ponds 12-104 Dry hole 15-107 Privies 12-102 Equipment, removing 15-107 Radio interference 14-101 Fee 15-104 Refuse in Smoky Hill 20-115 Insurance 15-103 Removal of 12-102 Penalty 15-I l l Rubbish 20-106 Permit, refusing 15-105 Smoke 14-202 Permit to drill 15-101 Snow and ice 14-301, 14-303 Pipe lines 15-106. Stables 12-102 Plugging wells 15-107 Stagnant water 12-102 Right to drill 15-108 Trash 20-106 Term of permit 15-110 Tree as 26-105 Opera house license 13-102(15) Trespassing 14-401 Opium . . . . 18-1201 Unhealthful building, removal 6-801 Opticians, itinerant, license 13-102(6) Vaults - 21-201 Order of business by resolution 1-105 Vegetation 12-102 Order taking 13-102(16) Vegetation 14-502 Ordinances. duties of City Clerk 1-307(2) Vehicles parked as 24-1422 Ordinances passed by Commission 1-107 Weeds 12-104 Outdoor advertising 22-202 Weeds 14-502 Owner of vehicle 24-101 Weeds 20-106 . Wires in streets 18-1135 p Numbering building chap. 23, art. 2 Packing house garbage 20-111 Palmist license 13-102(8) 0 Parades, permit for 24-1703 Oath 1-406 Park, traffic 24-101 Oaths, City Clerk may administer 1-307(2) Park Superintendent, rules and regulations 16.-104 GENERAL INDEX 19 Parking meters Ch.-Sec. Physicians. duties in venereal disease— Ch.-Sec. • City Manager's duties 24-2306 see Venereal diseases Duty of parker 24-2310 Picketing animals 3-106 Duty of police 24-2315 Picking pockets 18-403 Installed 24-21305 Pictures, indecent • 18-803 Mutilating meters 24-2313 Pictures, indecent 18-611 Overparking 24-2312 Pilot defined 2-101 Parallel parking 24-2309 Pilot—see Airman Parking meter defined 24-2302 Pimps ' 18-612 Parking meter zone defined 24-2303 Pinball machine license 13-102(19) Parking meter zones 24-2304 Pitch and tar, boiling 10-115 Penalty 24-2316 Planning Commission— Reason for charge 24-2317 see City Planning Commission Slugs 24-2314 Plans and plats • 1-1105 Stalls designated 24-2308 Plans and specifications sidewalks, driveways, etc..23-1101 • Supplemental 24-2318 Plans and specifications adopted 23-1106 Unlawful to overpark 24-2311 Plans and specifications, Vehicle defined 24-2301 duties of City Engineer 1-304(1) Where placed 24-2307 Playgrounds, Planning Commission's duties . . . . 1-1104 Zones 24-2304 Plumbers Parks Bond 6-408 Diseased person not to use swimming pool . . . 16-101 Certificate • 1-1201: 4 ' Life guard 16-102 Certificates from other cities 1-1201: 2: 4 Manager's duties relating to swimming pools . .16-102 Certificates good statewide 1-1201: 2: 4 Park lands—see Appendix F Definitions 6-401 Penalty at swimming pools 16-103 Examination 1-1201: 4 Planning Commission's duties 1-1104 Fees for examination 1-1204 Posting rules and regulations • 16-104 Fees to pay 6-403 Rules and regulations 16-104 Final inspection 6-404 Superintendent's duties 1-304(3) License 6-408 Swimming pool 16-101 Non-resident certificated Plumbers 1-1204 Patent medicine license 13-102(12) Plumbers Examiners Board Pavement, burning on 10-115 Application to 1-1202 Pawnbrokers Appointment 1-1203 License 13-102(16) Certificates issued 1-1201 : 4 Minors, not to purchase from 13-1003 Certificates valid statewide 1-1204 Penalties 13-1005 Compensation 1-1203 Property in plain view 13-1004 . Exemptions 1-1201: 2: 4 Record and repoit 13-1001 Fees paid by applicants 1-1204 Record open 13-1002 Gives examinations 1-1202 Stolen property • 13-1003 Membership 1-1203 Peace and good order, Board of Public Welfare' . . 1-1304 Place of examination 1-1203: 4 Peace, disturbance of 18-623 Rules and regulations 1-1205 Peddler license 13-102(21) Scope of examination 1-1204 Peddlers as nuisances 14-401 Time of examination 1-1204 Peddlers license 13-102(18) Plumbing Peddlers license 13-102(17) Air conditioning 6-445 Pedestrian 24-101 Application for permit 6-406 Pedestrians chap. 24, art. 11 . Back water valves 6-443 . Peeping • 18-708 Bath tubs 6-458 Pension for firemen, double prohibited 9-207 Blowoffs 6-432 Permits—see particular titles Bond of plumber • 6-409 Petit larceny 18-401 Buildings moved to be used as dwellings 6-603 Photographer, itinerant, license 13-102(19) Cast iron pipe 6-411 Phrenologist 13-102(8) Change of direction 6-425 - 20 GENERAL INDEX Plumbing—Continued Ch.-Sec. Plumbing—Concluded Ch.-Sec. Cleanouts 6-422 Soil and waste pipes 6-434 Clean-outs 6-423 Stack supports 6-428 Closet flanges .. 6-451 Steer pipe 6-412 Coating of pipe 6-412 Sump pits in basements 6-442 Connections 6-409 Terminals 6-437 Connections between galvanized iron or Terminals, adjoining high buildings . . . . 6-438 brass to cast iron 6-417 Toggle bolts 6-421 Connections to conductors prohibited 6-433 Trailer camps ' 25-105 Covering of work 6-461 Trap levels 6-422 Defective plumbing 6-405 Traps 6-422 Defective work 6-463 Traps to be vented 6-422 Definitions 6-401 Urinals • 6-453 Drainage 6-427 Urinals, group 6-454: 455 Drains to curb 6-430 Vent pipe connections 6-441 Drip pipe connections -432 Vent pipe grades 6-441 Earthenware pipe 6-410 Ventilators 6-462 Exhaust 6-432 Vents, length of traps 6-439 Expansion or toggle bolts 6-421 Visible trap seal - 6-456 Fees 6-403 Waste pipes 6-415 Final inspection 6-404 Waste pipe sizes 6-435 Fittings 6-412 Water closer bowls 6-449 Fixtures grounds 6-452 Water closets supply 6-460 Floor drains 6-422 Water seal 6-422 Frost proof closets 6-450 Water supply fixtures 6-459 Galvanized iron or brass pipes 6-416 Water softeners 6-445 , Garage wastes 6-447 Plumbing Inspector Grade of horizontal pipes 6-424 House sewer 6-431 Approval of gas piping 6-515 Inspector 6-402 Certificate for gas piping 6-516 Inspector's special permit 6-466 Condemning work of gas piping 6-507 Created 6-402 Joints in cast iron pipe 6-415 Defective work, plumbing ' 6-463 Joints in galvanized iron or brass pipes 6-416 Defective work of gas piping 6-515 Kinds of traps 6-422 Fees to collect for plumbing inspection 6-403 I Litchen wastes 6-446 f.ead pipes 6-413 Final inspection of plumbing 6-404 Gas inspection fees 6-505 Lead pipe joints 6-418 Gas certificate 6-507 Lead pipe weight of 6-413 Gas m duties 6-501 Lead to iron pipe 6-419 s p o • License of plumbers 6-408 Gas shut off keys 6-513 Main vents 6-440 Inspector's special permit for plumbing 6-466 Materials 6-448 Notice to inspect gas installation 6-503 Record of gas inspection 6-516 Not to apply to prior plumbing 6-467 Testing gas piping 6-508 Old house sewers 6-429 • Penalty 6-468 Poisons, not used in eating places 11-109 Permit to remove sidewalk or paving 6-407 Police—see also Police Department Plumbing defined 6-401 Aiding escape from officer 18-508 ' Prohibited fitting in waste lines 6-426 Assaulting officer 18-502 Prohibited joint 6-420 Auction rooms 13-318 Refrigerator waste 6-444 Duty relating to parking meters 24-2315 Repairs 6-464 Escape from officer 18-51,3 Revent pipe stacks 6-436 General duties 1-306(1) Septic tank 6-465 Impound animals and fowls 3-102 • Sheet lead 6-414 Impound dogs 3-203 Slip joint connections not allowed, where . . . .6-417 Junk yard inspection 13-808 • • GENERAL INDEX 21 Police—Concluded Ch.-Seca Police Department—Concluded Ch.-Sec. Kill dogs during proclamation 3-205 Hours of duty 17-104 Officer permitting escape of prisoner I 8-51 I Patrolmen I7-101 Officer permitting instruments to be carried Personnel 17-101 into jail 18-510' Plain clothes men 17-101 ' Officer, personating 18-514 Regulations 17-103 Officer refusing to execute process 18-512 Traffic officers 17-101 Parades 24-1703 Uniform furnished by officer 17-103 Pawnbrokers report 13-1001 Police Judge, salary 1-603 Peddling and agent nuisances 14-402 Police Judge, duties generally 1-303(3) Resisting an officer 18-503 Polls, acts at 18-706 • Second hand dealer report 13-1001 Ponds 12-104•Smoke duties 14-207 Pool halls • Swimming pool duties 16-102 Age of players 13-1105 Taxicab drivers, investigation of applicants . -13-1314 Application for license 13-I 103 Weighing vehicles 24-2109 Approval by City Manager 13-1104 Police Chief Fire regulations 10-111 Auction rooms 13-318 Hours open 13-1105 . Beer applications investigation 13-506 Intoxicating liquors 13-1108 Cesspool notice 21-202 License application 13-1103 Confine prisoners 8-203 License revocation 13-1111 Dances, notified of 13-605 License suspension 13-1110 Duties 17-102 License tax 13-I 101 Impounding vehicles 24-1422, Miniature pool tables 13-1102 Junk yard reports 13-810 Minors, record of 13-1106 Parades and processions permits- 24-1703: 4 Minors, special permit to allow 13-1105 Salary 1-606 Penalty 13-1112, 13-1113 Slow signs 24-1008. Profane language 13-1107 Suspend officer 17-102 Shuffle boards 13-1102 Police Court Sunday closing 13-1105 Bread and water diet, when 8-205 Post cards, indecent 18-803 Compensation of prisoners 8-202 Poster boards—see Billboards Costs of city 8-201 Posters on utility poles 18-412 Fees of witnesses 8-201 Posters, tearing down 18-413 Malicious prosecution 8-201 Poultry plant garbage 20-111 Meals of prisoners 8-204 Precincts—see Wards Prisoners Confined 8-203 Prisoner, aiding to escape 18-507 • Prisoners, refusal to work 8-205 Prisoner, attempting to rescue 18-505 Prisoners. working of 8-202 Prisoners, meals for • 8-204 Witnesses 8-201 Prisoners, refusal to work, food 8-205 Working prisoners 8-202 Prisoners. rescuing 18-504 Police Department—see also Police Prisoners, working of 8-202 Assistant chiefs 17.101 Privies as nuisances 12-102 , Badge of officer, may remove 17-102 Procedure for sidewalks, etc. 23-1102 ' Captains 17.101 Procession, driving through 24-1705 Chief may suspend and relieve of badge 17-102 Processions 24-1703 Chief of Police, regulations, Processions and traffic 24-1704 may make for department 17.103 Procurers 18-612 Chief's duties 17-102 Profane language • 18-702 City Manager appoints 17.101 Piofane language in pool halls 13-1106 Desk Sergeants 17-101 Propane gas—see Liquified gases Dress of officers 17-103 Property, malicious dest ruction 18-410 Duties of force 17-102 Proprietary medicine license 13-102(12) Duty manuals 17-103 Prostitution • 18-605 Gear of officers 17-103 Prostit ution. taxicabs used for 13-1339 22 GENERAL INDEX Ch.-Sec. Public offenses—Continued Ch.-Sec. Public building 6-207 Dumping refuse on streets 18-419 Public building, dog must not enter 3-208 Embezzlement 18-406 Public dances—see Dances Entering enclosure 18-402 • • Public health—see Health Escape from officer 18-513 Public health nursing 1-305 (4) ' Exhibitionism 18-610 Public employees obey traffic rules 24-204 Expectoration 18-1101 Public offenses False pretenses 18-409 Abetting 18-103 Fire alarms. false 18-705 Adultery 18-601 Firearms, discharged 18-704 Aiding 18-103 Fireworks—see Fireworks Aiding escape from officer 18-508 Food, unwholesome 18-1130 Aiding prisoner to escape 18-507 Fornication 18-605 Alms, soliciting 18-1108 Fruit. destroying 18-402 Amusement place, entering without paying : . 18-1131 Gambling I8-617 Animals Gambling tables, etc. 18-615 Cruelty of person in charge 18-902 Gambling device 18-614 Cruelty to 18-901 Gambling nuisances ' 18-621 Dog fighting 18-904 Gambling nuisances, complaint, process 18-622 Pens 18-903 Gambling, permitting on premises 18-619 Stables 18-903 Gambling place "keeper" 18-616 Animals, diseased, along streets 18-421 Gaming device or house .18-618 Assault and battery 18-301 Gaming house, keeping 18-602 Assaulting officer 18-502 Grade stakes changing 18-1118 Attempting to rescue prisoner 181505 Gutter, obstruction 18-1125 Automobile driving while under intoxication .24-601 ' I-louse numbers, removing 18-1110 t • Barbed wire prohibited 18-1136 House of ill fame - 18-609 B. B. guns 18-1122 House of prostitution 18-606 B. B. guns, parents 18-1123 Hydrants, handling 18-404 Bills, posting 18-412 - Indecent language 18-702 Bills, tearing down 18-413 Immoral magazines 18-802 Boundary marks, changing 18-1118 Impersonating an officer 18-514 Carcass not dragged along streets . . . . . .,. . . . 18-421 Indecency 18-601 Busses, smoking on prohibited 18-1137 Indecent exposure I8-610 Chickens at large 18-1116 Intoxicating liquors—see this title Cigarettes to minors 18-1115 Jail. breaking 18-509 City property, taking 18-414 Jail, carrying instruments into 18-506 Coca leaves 18-1201 Jurisdiction of court 18-105 Co-habitation 18-601 Keeper of gaming house or brothel 18-604 Compounding offense 18-501 Knucks 18-1129 Concealing offense , 18-501 Leasing house for gaming or brothel 18-603 Concealed weapons 18-1128 Lewd shows 18-611 Concubinage 18-605 Library, mutilating books 18-417 Curb filling station 18-1133 Library. not returning books to 18-416 Curfew 18-1111; 18-1112 Library, stealing books 18-415 Dangerous weapons 18-707 Lotteries 18-1001 Dead animals deposited on street 18-422 Malicious mischief 18-410 Defenses 18-102 Medicine samples 18-1121 Dirt hauling 18:1124 Minors smoking 18-1114 Disorderly conduct 18-702 Minor under 16 18-106 Disturbing peace 18-623 Mob 18-701 Dog fighting 18-904 Narcotics 18-1104; 18-1201 Driving while drunk 24-601 Nitroglycerin • I 18-1120 'Drunkenness 18-1117 Obscene literature 18-801 Drug samples 18-1121 Obscene writing 18-624 • • GENERAL INDEX - Z3 Public offenses—Continued Ch.-Sec. Public offenses—Concluded Ch.-Sec. Obtaining property by false pretenses 18-409 Streets, encroaching upon 18-1125 Offender under 16 • 18-106 Sweeping onto sidewalks or streets 1 8-420 Officer, assaulting 18-502 Taking property against owner's will 18-405 Officer permitting escape of prisoner 18-511 Taxicabs, immoral purposes 18-613 Officer refusing to execute process 18-512 Temporary unlawful use 18-405 Officer, resisting 18-503 Theatre, entering without paying 18-1131 Oil and grease in sewers or river 18-1127 Trash hauling 18-1124 Opium 18-1201 Trash violation 20-109 Opium in possession 18-1104 Tree, injuring 18-411 Pandering - 18-1106 Trees overhanging streets 18-1119 Parking meter, mutilating 24-2313 Unlawful acts 18-201 Peace. disturbance of ' 18-623 Unlawful assembly 18-701 Peeping • I8-708 Vagrancy—see specific title Penalty generally 18-104 Venereal disease 18-1107 Permitting instruments to be carried into jail . 18-510 Vulgar language - 18-624 Person defined 18-101 Water pipes, molesting 18-404 Petit larceny i 18-401 Weapons, concealed 18-1128 Picking pockets 18-403 Wire. barbed 18-1136 Pictures, indecent 18-611 Wires in streets 18-1134 Pimps 18-612 Wires in streets as nuisance 18-1135 Plants, ruining • 18-404 Public property, defacing 18-404 Polls, acts at 18-706 Public property, injuring 18-404 Post cards, indecent • 18-803 Public vehicles—see Vehicles, public Posters, tearing down 18-413 Public Welfare Board—see Board of Public Welfare Posting signs 18-412 Pyrotechnics—see Fireworks Prisoner, rescuing 18-504 ' Procurers 18-612 Q Profanity 18-702 Profane language 18-702 Quarterly financial report 1-307(4) Prostitution 18-605 Punishment generally 18-104 R Railroad property 18-1132 Radio interference Receiving stolen property 18-407 Exemptions 14-103 Refuse, dumping on streets 18-407 Inspection 14-102 Refuse hauling 18-1124 Penalty 14-104 Refuse in Smoky Hill 20-114 Prohibited 14-101 Rescuing prisoner 18-504 Railroads—sec Appendix G Resisting an officer 18-503 Railroad Crossings Reward 18-107 Parking near - 24-1406 Riots, inciting 18-703 Penalty - 23-803 Roulette 18-618 Provisions may be waived 23-802 Saltwater on pavements 18-1126 Railroad crossings 23-801 Scandalous newspaper 18-802 Specifications 23-801 Sidewalks, encroaching upon 18-1125 Street lights at Slot machines 18-1002 Failure to comply 23-905 Slot machines, destruction 18-1003; 18-1004 Installation 23-904 Smoking by minors 18-1115 Lights at certain streets 23-901 Soliciting for prostitution 18-607 Requirements 23-903 Spitting 18-1101 Streets designated for lights 23-902 Spitting tobacco 18-1102 Time of lighting 23-906. Stealing 18-401 Railroad property 18-1132 Stealing 18-403 Railroad smoke 14-202 Street names, removing 18-1110 Railroad traffic signals 24-414 Street walking 18-608 Rain water not into streets or alleys 6-268 24 GENERAL INDEX Ch.-Sec. Ch.-Sec. Rat proofing buildings 6-260 Sewage disposal plant 1-304(4) Real estate signs 22-223 Sewers Rear yard, zoning 29-101 City may connect premises to 21-102 Receiving stolen property 18-407 Connections to, required 21-101 Records, City Clerk is custodian 1-307(2) Cost assessed 21-103 Refuse, dumping on streets • 18-421 Installed ahead of paving 23-1001 Refuse hauling 18-1124 Sewers, special permits—see Appendix H Register of Deeds, plats filed with 1-1106 Sheep—see Animals Replats—see Appendix D Shooting gallery, firearms may be used in 18-704 Residence defined 6-207 Shooting gallery license 13-102(26) Residence district, traffic 24-101 Short order cafe defined 11-101 Residences not used for slaughtering 11-212 Shows lewd 18-611 Resisting an officer 18-503 Shuffle boards 13-1102 Restaurant defined 11-101 Sideshows 13-401 Restaurants, Board of Public Welfare 1-1303 Sidewalks art. 11. chap. 23 Restaurants, greasy wastes 6-446 Bicycles not ridden on in business district . . .24-1601 Restaurants, itinerant, defined 11-101 Bicycles, riding on 24-1601 Restaurants under building code 6-207 Contractor 23-1101 Reward 18-107 During building construction 6-255 Riots inciting 18-703 Encroaching upon 18-1125 Road machinery, size and weight not governed 24-2101 No parking on 24-1406 Roller skates in traffic 24-1604 Plans and specifications 23-1101;-1106 Roulette 18-618 Procedure . 23-1102 Removal for plumbing 6-407 S Removing barrier protecting 23-701 Safety department 1-306 Scaffold over 6-256 Safety zone • 24-101 Signs over 22-104 Safety zones and lanes 24-407 Snow and ice to be removed 14-301 Salaries chap. 1, art. 6 Stand license 13-102(22) Salaries fixed by Commission 1-108 Superintendent's duties 1-304(2) Salaries, paid semi-monthly 1-G11 Sweeping upon - 20-108 Salina Municipal Airport 2-101 Temporary during building 6-256 Saline County Medical Society and eating places . . 11-11 I Temporary walkway 18-1327 Saltwater on pavements 18-1126 Traffic 24-101 Sandwich stand defined 11-101 Trees overhanging 18-1119 School bus 24-101 Vehicles not to be parked on 24-1601 School, parking near 24-1410 Signs Schools, speed past 24-701 Application for license 22-205 School territory in what wards 27-122 Application for permit 22-102 Seal 1-701 Area free of weeds 22-216 Seal kept City Clerk 1-307(2) Awnings, etc. - 6-254 Second hand dealer Billboards—see Chap. 22 Minors not to purchase from 13-1003 Bond, cancellation 22-222 Penalties 13-1005 Bond, only one required 22-222 Property in plain view 13-1004 Bond required . 22-209 Record and report 13-1001 Building Inspector's duties 22-208 • Record open 13-1002 Construction - 22-103 Stolen property 13-1003 Contrary to ordinance 22-110 Septic tank 6-465 Definitions 22-226 Service Department 1-304 Expiration of license 22-212 Service stations not to handle fireworks 13-707 Fees for permit 22-102 Serving order to remove fire hazards 10-106 Flat against building 22-105 Set back 29-101 Ground signs 22-201 Setbacks for signs 22-214 Groundsigns requirement 22-215 • GENERAL INDEX 25 Signs—Concluded Ch.-Sec. Ch.-Sec. Hanging 22-104 Smoky Hill removing refuse from 20-113 Hinged brackets 22-107 Soda fountain 11-101 Inspection 22-108. 22-109 Sole stage 2-101 Inspection 22-207 Snow and Ice Lattice work 22-215 City may remove 14-303 License exceptions 22-219 Cost assessed against property 14-303 Licens: issuance 22-210 Nuisance 14-303 License tax 22-206 Penalty 14-302 Licenses and permits 22-205 Sidewalks, removed from 14-301 Loose paper 22-224 Soliciting for prostitution 18-607 Name of advertiser on sign 22-221 Special assessments, Clerk's duties 1-307(2) Pasted posters 22-224 Speed limits 24-701 Penalty 22-112 Spitting 18-1101 Penalty 22-227 Spitting Tobacco 18-1102 Permits for 22-101 Stables as nuisances 12-101 Personal business advertisement 22-220 Stealing 18-401 Poles, signs on 22-106 Stealing 18-403 Posting 18-413. 18-414 Stolen property, receiving 18-407 Projecting 22-104 Stones r 6-238 Real estate signs 22-223 Storm sewers, Superintendent's duties 1-304(2) Refund of fees 22-211 Street 24-101 Regulations to be obeyed 22-213 Streets Regulatory ordinances 22-204 Streets and alleys Remove, notice to 22-225 Naming and renaming, opening, widening, Roof sign requirements 22-219 I extending, see Appendix I Roof signs 22-201 Area ways, basement ways, railings, etc. . . . .23-703 Revocation of license 22-225 Barricades for dangerous buildings 6-706 Setbacks 22-214 Building purposes 6-210 Signs on rod 22-111 Burning do certain pavement 10-115 Swinging 22-106 Crossings not to be blocked by trains 24-1306 • Temporary cloth sign 22-103 Driveways—see title ... . . . . . . . . . . Traffic—see Traffic Duty in house moving, Street Commissioner . .23-106 Trees, signs on 22-106 Encroaching upon 18-1125 Unsafe removal 22-109 Excavating in—see Excavations in streets Wall sign regulations 22-217 Grades—see Grades of streets Wall signs 22-201 Growing crops close to street 23-602 Wind pressure 6-222 Hauling stone, coal, etc. 23-603 Zoning 22-203 Hedge fences 23-601 Zoning 29-109a House moving—see title Skating rink license 13-102(25) Numbering buildings—see title . Skating rinks, under building code 6-207 Opening of 1-1107 Slot machines 18-1002 Parades license 12-102(27) Slot machines, destruction . ' 18-1003; 18-1004 Person defined - 23-1109 Smoke Planning Commission's duties 1-1104 Boiler plants 14-204 Play streets 24-1707 Buildings in fire limits 14-201 Railings 23-704 Dense 14-202 Railroad crossings chap. 23, art. 8 Fees 14-205 Removing barrier protecting Furnaces 14-203 paving or sidewalk 23-701 Inspections 14-205 Removing paving for plumbing 6-407 Penalty 14-208 Service pipe ahead of paving Police to report violations 14-207 According to specifications 23-1003 Smoky Hill. not to put refuse in 20-112 Assessment 23-1002 Smoky Hill. refuse in as nuisance 20-115 City may lay 23-1002 • 26 GENERAL INDEX Streets—Concluded Ch.-Sec. Swimming pools—Concluded Ch.-Sec. Lot owners lay sewer connections and Penalties 1 6-103 sewers ahead of paving 23-1001 Rules and regulations 16-104 Notice to owners 23-1002 Syphilis—see Venereal diseases Sidewalk, driveway, curb and gutter regulations, chap. 23. art. 11 T Stairway and areaway protection 23-704 Tanks, wind pressure 6-222 Storing material in 6-257 Tar kettle smoke 14-202 Trash in 18-1124 Tavern defined 11-101 Trash upon 20-101 Taxicabs Trees over hanging 181119 Application for driver's license 13-1313 Unlawful to use barricaded street or sidewalk .23-702 Application for license 13-1302 ' Use during building construction 6-255 Application of ordinance 13-1343 Use of for building purposes 6-259 Approval by City Commission 13-1305 Wires over 6-309 Approval of meters 13-1331 Wooden culverts . 23-604 Associated operators 13-1323 Sweepings upon 20-101 Convenience and necessity 13-1305 Zoning 29-101 Cruising prohibited 13-1324 Street salesman license 13-102(9) Definitions 13-1301 Street stands license 13-102(22) Door handles 13-1320 Street superintendent—see Superintendent of streets Driver's identification card 13-1316 Street vendors license 13-102(28) Driver's license, revocation and suspension 13-1319 Street walking 18-608 Driver's licenses 13-1313 Structures, dangerous—see Buildings, demolition of Driver's license, renewal 13-1315 Structures, unhealthful 6-801 Driver's license term 13-1315 Stunt flying 2-106 Duplicate identification cards 13-1318 Subdivisions 1-1105 Extra passengers 13-1327 . Sunday Funerals 13-1338 Dances prohibited 13-617 Hourly rates 13-1330 Fireworks not sold on 13-703 Identification card display 13-1317 Pool halls closed on 13-1104 Identification cards 13-1312 Superintendent of Parks 1-304(3) Immoral purposes 13-1339 Superintendent of, Parks 1-605 Immoral purpose use 18-613 Superintendent of parks, duties in house moving . .23-108 Inspection 13-1307 Superintendent of Sewage Disposal 1-304 Inspection fees 13-1308 Superintendent of Sewage Disposal 1-610 Inspection of taximeters 13-1336 Superintendent of Streets Insurance 13-1306 Duties 1-304(2) Investigation by police 13-1314 • May work prisoners 8-203 License conditions 13-1304 Obnoxious growths 14-503 License issuance 13-1309 . Salary 1-607 License required 13-1302 Street excavations duties 23-406 License revoked • 13-1340:42 Tree duties 26-103: 26-105 License suspended 13-1340 Tree trimming by utilities 19-111 License taxes • 13-13.10 Weed abatement 14-503 License transfer 13-1304 Sureties 4-101 Liquor transportation 13-1339 Surgeons, itinerant, license 13-102(6) Maintenance 13-1311 Superintendent of Waterworks Manager 13-1321 • Bond of 1-507(2) Name of owner on side 13-1320 Salary 1-609 Numbering of each taxicab 13-1320 Sweepings from business buildings into streets . . 20-108 Parking stands prohibited 13-1322 Sweeping onto sidewalk 20-108 Passengers extra 13-1327 Swimming pools Passengers refusing to pay fare 13-1337 Diseased persons do not enter 16-101 Penalty 13-1344 Duties of officers 16-102 Penalty on driver 13-1341 • GENERAL INDEX 27 Taxicabs—Concluded Ch.-Sec. Traffic—Continued Ch.-Sec. Physical requirements of drivers 13-1314 Accident, information and aid 24-503 Posting license 13-1312 Accident report 24-506 Prostitution purposes 13-1339 Aid to injured 24-503 , Rate card 13-1320 Alighting while vehicle is in motion 24-1502 . Rates 13-1326:30 Alley, entering from 24-1009 Rates. change of 13-1329 Alley, vehicle not parked in 24-1407 Rates posted 13-1329 Alleys. one way 24=1407 Receipt to passenger 13-1331 Alleys, stop before emerging from 24-1401 . Register 13-1309 All-night truck parking 24-1421 Revocation 13-1310:40:42 Angle parking 24-1411 Schedule of rates 13-1329 Animal vehicles, traffic 24-205 Sealing meters 13-1336 Arterial streets • 24-1005 Seating capacity 13-1328 Backing limitations 24-1003 Signals - 13-1335 Backing out 24-810 Signature of driver to be furnished 13-1313 Bicycle, riding on handlebars 24-1504 Specifications fpr taxicabs 13-1320 Bicycles, parking of 24-1601 Stands, prohibited 13-1322 Bicycles, police to take up when 24-1603 Taximeters 13-1331 Bicycles, traffic ordinance applies 24-205 Taximeters incorrect 13-1332 Boarding moving vehicles 24-1502 Taximeters kept repaired 13-1334 Brakes 24-1901 Taximeters lighted 13-1333 Bridge speed 24-703 Telephones 13-1325 Bridge,-speed on 24-701 Term of license ' 13-1310 Bus, interior lighted 24-1804 Title certificate '13-1303 Bus stands 24-1419 Weddings 13-1338 Buses, parking 24-1404 Zones 13-1326 Careless (reckless) driving 24-602 Tax on dogs 3'201 ''Caution" 24-409 Telephone agreement. Appendix C 4 Chauffeur's license 24-301 Telephone operators 1-405 Clearance lamps 24-1804 Tenement, zoning 29-101 Clinging to vehicle 24-1503 Tenements 6'-249:9 Coasters 24-1604 Tent shows Constitutionality of ordinance 24-2205 Application for license 13-405 Control devices 24-401 Defined 13-401 Control devices, state highway links 24-403 Gambling prohibited 13-402 Control devices to be obeyed 24-408 License not transferable 13-407 Control signals, where located 24-410 License required 13-404 Convictions reported 24-2204 Obscene performances prohibited 13-408 Damage to vehicle - 24-502 Penalty 13-409 Definitions 24-101 Permit from Welfare Board 13-403 Driver must have state license 24-301 Tax 13-406 Driveway, entering from 24-1009 Theaters • Driveway, stop before emerging from 24-1401 • Board of Public Welfare 1-1303 Driving under influence of liquor 24-601 3-208 Emergencies 24-704 Dog do not enter g Fire regulations 10-111 Emergency vehicles 24-204 License 13-102(15) Emergency vehicles, approach of 24-1011 Sprinklers 6-247 Entering through highway 24-1004 Under building code 6-207 Erasing marks 24-1418 Theft at fires 9-105 Explosives • 24-2001 Through highway 24-101 Fire apparatus, following 24-1708 Time for traffic 24-101 Fire hose, crossing 24-1709 Traffic Fire hydrant, no parking by 24-1406 Accident 24-501 Fixtures on highway, damaging 24-505 Accident, driver unable to report 24-507 Flagman 24-1305 28 GENERAL INDEX Traffic—Continued . Ch.-Sec. Traffic—Continued Ch.-Sec. Flagman 24-1307 License. mutilation of 24-303 Flashing signals 24-1304 License number displayed 24-303 . Flashing signals, where located 24-412 License revocation 24-304 • Following too closely 24-807 Lights 24-409 Front seat. not more than three 24-1501 Load projecting, flag 24-1805 Glass, putting on highway 24-1710 Loads, passenger vehicles 24-2103 ''Go'' 24-409 Loads, spilling - 24-2105 Gross weight 24-2108 Loads. wheel as axle 24-2107 Hand signals 24-902 Manager signs 24-1304 Handlebars, riding on . 24-1504 Marking vehicles in time zones 24-1418 Headlamps required 24-1802 Minimum speed limit • 24-702 Headlights lighted when 24-1801 Mirrors 24-1904 Heavy equipment 24-1305 Motorcycles, headlight 24-1802 Hitch hikers 24-1105 Motorcycles, riding on handlebars 24-1504 Horns 24-1902 . Moving illegally parked vehicles 24-1403 Illuminated signals ' 24-1304 Mufflers • . 24-1903 Impounding illegally parked vehicles 24-1422 Nails, putting on highway 24-1710 Information at accident 24-503 Narcotic drugs, driving under influence of . . . .24-601 Interference with signals 24-414 Noise 24-1903 Intersections, right-of-way 24-903 No-parking signs 24-1413 Intersections, turning at 24-808 No-parking zones 24-14]2 Jaywalking 24-1103 Notice requirements of speed violations 24-701 Lamps . No-turn signs 24-1001 Additional lighting equipment 24-1811 No U-turns, areas between intersections . .24-1002 Alternate lighting equipment 24-1814 Obedience to rules required 24-202 Animal-drawn vehicles 24-1808 Obey traffic officers 24-202 Auxiliary lights 24-1809 Obstructing driver's view ' 24-1501 Bicycles 24-1807 One-hour zone 24-1414 Clearance 24-1804 One-way alleys 24-1407 Flashing lights 24:1816 One-way roadways 24-805 Head lamps 24-1802 One-way streets and alleys 24-405 Identification 24-1804 One-way traffic 24-801 Multiple-beam 24-1812:13 Ordinance to be obeyed 24-202 Number of driving lamps 24-1815 Overloading 24-1501 Parked vehicles 24-1806 Overtaking 24-802 Projecting load 24-1805 Overtaking limitations 24-804 Projecting load lighted 24-1805 Overtaking on the right 24-803 Projecting load, red flag 24-1805 Owner not allow unlicensed person to drive . .24-302 Rear 24-1803 Owner of vehicle, when liable 24-2203 Reflectors 24-1803 Parades, permits for 24-1703 Selling lamps 24-1817 Parents liable for children under 16 24-1602 • Side-marker 24-1804 Parked vehicles lighted 24-1806 Signal lamps 24-1810 Parking, angle 24-1411 Special restriction 24-1816 Parking in alley 24-1407 Spot lamps 24-1809 Parking meters—see title When lighted 24-1801 Parking near school 24-1409 Lamps, lighted, required when 24-1801 Parking of vehicles 24-1410 Laned'roadways 24-806 Parking outside business or residence district .24-1402 Lanes for traffic • 24-801 Parking regulations 24-1406 Left-turn at intersection 24-903 Parking—see Parking meters Left-turn signal 24-901 Passing in same direction 24-801 Left-turns ' 24-808 Passing limitations 24-804 'Length of combination of vehicles 24-2104 Passing on left 24-802 License, driver must have 24-301' Passing on left prohibited when 24-804 GENERAL INDEX 29 Traffic—Continued Ch.-Sec. Traffic—Continued Ch.-Sec. Passing e n the right 24-803 State Highway Commission 24-404 Pedestrians at cross-walks 24-1102 State Highway Commission specifications . .24-1007 Pedestrians subject to signals 24-1101 State Highway Patrol 24-403 Pedestrians soliciting rides 24-1105 'Stop'' 24-409 Pedestrians use right half of crosswalks . . . .24-1104 Stop signal 24-901 Pedestrians yielding right-of-way 24-1103 Stop signals 24-1007 • Penalties 24-2201 Stop-signs ' 24-1004 Play streets 24-1707 Stop streets. additional 24-1006 Prima facie speed limit 24-701 Stop when traffic obstructed 24-1010 Procession driving through ' 24-1705 Stopping in specified places 24-1406 Processions 24-1703 Stopping vehicles 24-1402 Projecting load, light or flag 24-1805 Taxicab stands 24-1419 Public officers and employees to obey 24-204 Thirty-minute parking zone 24-1416 Quiet zone 24-1706 Through streets 24-1005 Railroad grade crossings 24-1302; 24-1303 Through streets posted 24-406 Railroads, backing across streets 24-1307 Time parking 24-1414 Railroad signals 24-414 Tire equipment 24-1906 Real property rights 24-306 Towing - 24-2106 Rear lamps 24-1803 Traffic defined 24-101 Reckless driving 24-602 Traffic lanes 24-806 Reflectors 24-1803 Traffic offers. obey 24-202 Reflector signs 24-1304 Traffic signals to be obeyed -24-408 Riding outside vehicle 24-1501 Trailers 24-2106 Right-of-way at intersections 24-903 Trains not to block crossings 24-1306 Right side of roadway 24-801 Trains. signal indicating approach 24-1301 Right-turn signal 24-901 Truck all-night parking 24-1421 Right-turns 24-808 Trucks following trucks 24-807 Road machinery 24-2101 Truck parking 24-1420 Roller skates 24-1604 Truck parking in driveways and yards . . . .24-1421 Rotary islands - 24-805 Trucks' use of alleys 24-1408 Safety zones 24-1201 Turning at intersections 24-808 Safety zones and lanes designated by Manager .24-407 Turning markers 24-1001 School, parking near 24-1410. Turning on curve 24-808 Schools, speed past 24-701 Turning signals 24-901 Sidewalks, vehicles not to be parked on . . . .24-1601 Twenty-minute parking zone 24-1416 Signals devices 24-1810 Two-hour zone 24-1415 Signal legend 24-409 Unattended vehicles 24-1701 Signal to turn left or right or stop required . .24-901 Unattended vehicles, striking 24-504 Signals, hand 24-902 Unauthorized signs, signals, markings 24-413 Signals, where located 24-410 Unsafe vehicles 24-1711 Signs posted by City Manager 24-406 U-turns 24-1001 Slow driving 24-702 U-turns, not between certain intersections . .24-1002 Slow signs 24-1008 Vehicle equipment . . . . . . . . ... . .art. 19, chap. 24 Smoke 24-1903 Vehicles, brakes 24-1901 . Snitching ride 24-1503 Vehicles, headlights 24-1802 Solid tires 24-1906 Vehicles. height of 24-2104 Speed emergencies ' 24-704 Vehicles, horns 24-1902 Speed limits 24-701 Vehicles. length of 24-1904 Speed miminum 24-702 Vehicles. mirrors 24-1904 Speed on.bridge or overpass 24-703 Vehicles, mufflers 24-1903 Speed past schools 24-701 Vehicles, repairing on streets 24-1702 Speed restrictions 24-701 Vehicles referred to 24-201 Speed restrictions, when not applicable 24-704 Vehicles, tires 24-1906 Starting vehicle 24-810 Vehicles unattended 24-1701 30 GENERAL INDEX Traffic—Concluded Ch.-Sec. Trash—Concluded Ch.-Sec. Vehicles, unsafe 24-1711 Removed from residences weekly 20-104 Vehicles, washing on street 24-1702 Removed once a day from certain establishments 20-104 Vehicles, width of 24-2102 Sweepings 20-101 Vehicles, windshields 24-1905 Throwing or depositing on streets or lots . . . .20-101 Weighing vehicles 24-2109 Who to remove 20-110 Windshield wiper 24-1905 Trees Windshields • 24-1905 Dangerous 26-102 - Wrecked vehicles. debris to be removed . . .24-1710 Dead trees 26-102 Zone of quiet 24-1706 Injuring 18-411 Trailer 24-101 Limbs removed 26-102 Trailer camps Notice to remove 26-103 Area 25-104 Notice to trim 26-103 Area unit 25-101 Nuisance 26-105 Definitions 25-101 Overhanging streets 18-1119 Fee ' 25-103 Penalty 26-104 • Fire extinguishers 25-106 Signs on 22-106 Habitation 25-102 Trimming 26-101 House-car trailer 25-101 Trimming by utilities 19-111 Length of stay in 25-102 Trimming for house moving 23-108 License 25-103 Trespassing nuisances 14-401 License posted 25-103 Trespassing of animals 3-107 Location 25-104 Trichinae 11-218 Maintenance of trailers 25-102 Truck parking 24-1420 Parking lot 25-101 Truck use of alleys 24-1408 Records 25-107 Turkeys—see Fowls Safety requirements 25-106 Sanitary requirements • 25-105 U Trailer camp 25-101 Unlawful acts 18-201 Trailer not to be used as office 25-102 Unlawful assembly 18-701 Trailer in rear yard 25-102 Utensils I1-101 Transfer of license 25-103 Utilities—see also appendix "Franchises", Waterworks Towing unit 25-101 Device to evade meters 19-103 Trained animals 13-401 Inspection 19-104 Trains—see also Railroads Meters, wiring around • 19-101 Backing across streets 24-1307 Planning Commission's duties 1-1106 Crossings not to be blocked 24-1306 Poles painted 19-106 Heavy equipment crossing tracks 24-1305 Poles prohibited where 19-108 Signals of approaching 24-1301 Service without paying 19-102 Transfer—see Vehicles, public Tree trimming 19-I I 1 Transportation Planning Commission's duties - . 1-1104 Use of streets, City Engineers' duties I-304(I) Trash Wires underground 19-109 • Alleys kept clean 20-103 Wire violations 19-110 Assess cost of 20-107 Buildings operations ' 6-243 . V Business lots, rear of 20-102 Vagrancy Dumping in Smoky Hill 20-112 Associating with undesirable person 18-1105 Fire hazard ' 20-102 Dope dens 18-1104 ' Generally 10-110 General 18-1103 Ground floor occupants responsible 20-103 Pandering 18-1106 Hauling . - 18-1124 Soliciting alms 18-1108 Notice to abate nuisance .20-107 Venereal disease 18-1107 Nuisances 20-106 Vaults Private premises to be kept clean 20-102 Defined 21-203 Receptacles 20-104 Notice to remove 21-202 • • GENERAL INDEX 31 •Vaults—Concluded Ch.-Sec. W Ch.-Sec. Penalty 21-204 Wards and precincts ' Prohibited where 21-201 Added territory 27-124 Vegetation as nuisance chap. 14, art. 5 City divided into 27-101 Vehicles Fifth ward 27-118 Accident 24-502 First precinct 27-119 Chauffeur's license 24-301 Second precinct 27-120 Defined for traffic 24-101 Third precinct 27-121 Driver's license 24-301 Fourth precinct 27-122 24-1422 First ward 27-102 Impounding License number on 24-303 First precinct 27-103 Parking of 24-1410 Second precinct 27-104 Speed limits 24-701 Fourth ward 27-115 Starting 24-810 First precinct 27-116 Stop at railroad grade crossings . .24-1302: 24-1303 Second precinct 27-117 Unattended, striking 24-504 Second ward 27-105 See also Traffic First precinct 27-106 Vehicle license mutilation 24-303 Second precinct 27-107 Vehicles, public Third precinct 27-108 Articles left in 13-1205 Fourth precinct 27-109 License issued by clerk 13-1202 Territory outside for school purpose 27-123 License plate changing 13-1209 Third ward 27-110 License plate displayed 13-1208 First precinct 27-111 License plates 13-1207 Second precinct 27-112 License taxes 13-1203 Third precinct 27-113 License tax paid to City Treasurer 13-1202 Fourth precinct 27-114 Penalty 13-1206 Warrants Penalty 13-1210 Issued by Director of Finances • 1-205 Taxicabs—see Chap. 13 Issued by Director of Finances 1-307(1) Term of license 13-1204 Signed by City Manager 1-205 Vehicles—see also Traffic Water heaters 6-238 Venereal disease 18-1307 Water pipes, molesting 18-404 Venereal diseases Water rates 28-114:115 Bond in lieu of quarantine 12-210 Water softeners 6-445 Change of physician reported 12-204 Waterworks • Circular of information 12-203 Accounts 28-115 • Dangerous to the public health 12'201 Applications 28-109 • Detention hospital 12-209 Bookkeeper 28-102 Druggists keep records 12-213 Bookkeeper duties 28-105 Industrial farm as detention home for - Bond of cashier 1-507(9) women having V. D. 12-209 Care and installation of service lines 28-111 Obstructing city physician 12-214 Cashier 28-102 Penalty 12-215 Cashier salary 1-609 Powers of city physician 12-208 Cashier's duties 28-104 Protection of others 12-205 City departments 28-119 Quarantine 12-210 Connections required 28-117 Quarantine, bond in lieu of 12-211 Consumer defined 28-117 Quarantine for venereal disease 12-210 Control 28-101 Reported .12-202 Department 28-101 Spread of unlawful 12-212 Deposit 28-109 • Suspected cases 12-207 Finances 28-106 • Reports confidential 12-206 Fire hydrant charges 28-120 Veterans free license to peddle 13-214 Hydrant rentals 28-120 Vicious dogs 3-206 Meters 28-112 Voters registered by City Clerk 1-307(2) Minimum charges 28-114 32 GENERAL INDEX Waterworks—Concluded Ch.-Sec. Zoning—Continued Ch.-Sec. Name of department 28-101 Amendments to ordinance 29-129 Officers and employees 28-102 Apartment 29-101 Payment and collection of charges 28-117 Apartment hotel 29-101 Penalty 28-121 Apartment house 29-101 Petty cash fund 28-107 Apartment lot area in "B'' residence district .29-119b Rates 28-114 Area district exceptions 29-122 Rules 28-108 Area district map 29-114 Service connections ahead of paving 23-1001 Area districts ' 29-114 Service lines 28-111 "A" residence district 29-103 Superintendent 28-102 "A" residence district changes 29-103a Superintendent's duties 28-103 ''A'' residence district uses 29-108 Taps and charges 28-110 "AX" residence district .29-103b, 29-132 to 29-141 Unlawful use of water 28-119 "AX" residence district 29-132 to 29-141 Use of water 28-113 "B'' area district • 29-116 Water rates 28-114 ''B'' area district regulations 29-119 Waterworks department 1-308 Basement 29-101 Weapons, concealed 18-1128 "B" emergency zone. . .29-104b, 29-142 to 29-149 Weapons, dangerous 18-707 "B" emergency zone 29-142 to 29-149 Weddings, taxicabs 13-1338 Beer 13-509 Weeds Billboards 22-203 Around signs 22-216 Boarding house 29-101 Assessing cost of abatement 14-504 ''B'' residence district ' 29-104 Bindweed excepted 14-506 "B" residence district, additions to .29-201 to 29-220 City may abate 14-502 "B" residence district apartment lot 29-119b Cut or destroyed 14-501 ''B" residences district changes 29-104a • Nuisance 14-502 "B" residence district set back 29-119a Penalty • 15-505 "B" residence district uses 29-109 Removal ' 12-104 Building 29-101 Unlawful to interfere with city • 14-503 ''C" area additions 29-117a Weeds 20-101 `C" area district 29-117 Weeds excepted 14-506 "C'' area district regulations 29-120 Welfare Board—see Board of Public Welfare ''C" area commercial district 29-105 Wire "C" commercial district additions . .29-301 to -349 Barbed 18-1136 "C" commercial district, changes in 29-105a In streets 18-1134 "C" commercial district uses 29-110 • • In streets as nuisance 18-1135 Cellar 29-10I .. Removing for moving of buildings 23-103 Cereal malt beverages 13-509 Underground 19-109 Certificate of occupancy 29-123 Wiring—see Electrical Code • Changes in zoning 29-129 ''C" heavy industrial additions . . .29-501 to 29-503 Z Community garage 29-101 Zoning Corner lots, buildable widths . .29-118, -119, -120 "A" area district 29-115 Country club heights as "AX'' district 29-134 "A" area district regulations '29-118 Curb level 29-101 Additions to city 29-126 "D" area district 29-117 Additions to districts ''D'' area district 29-121 B residence chap. 29, art. 2 Definitions 29-101 C residence • chip. 29, art. 3 Depth of lot 29-101 D light commercial chap. 29.art. 4 Depth of rear yard 29-101 E heavy industrial chap. 29,art. 5 District ' 29-101 Accessory building 29-101 ''D" light industrial additions . . . .29-401 to 29-413 Advertising signs 29-109a "D" light industrial district 29-106 Alley 29-101 "D" light industrial, changes 29-106a Alteration of building • 29-113 ''D'' light industrial district uses 29-1 I l GENERAL INDEX 33 Zoning—Continued • Ch.-Sec. Zoning—Concluded Ch.-Sec. "E" heavy industrial district - . . .29-107 Private stable - 29-101 "E" heavy industrial district uses 29-112 Preamble to general ordinance 29-101a "E" heavy industrial district, additions . .29-107a Protest against changes 29-129 Existing uses 29-113 Public garage - 29-101 • Garage, public - . . .29-110 Public Service buildings 29-113 . Group house 29-101 • Public stable 29-101 Hotel - . . .29-101 Rear yard requirements . Interpretation ' 29-125 A area district 29-118 Junk yards 13-808 B area district 29-119 Kansas Wesleyan University as 'B" C area district 29-120 Emergency District 29-143 Rear yards • 29-101 Lodging house . . .29-101 Reconstruction after fire 29-125 Lot 29-101 Row house 29-101 Lot area requirements • Set back 29-101 A area district 29-118 Set back in ''B" Residence District 29-119a B area district 29-119 Set-back requirements . C area district 29-120 A area district 29-118 Lot corners 29-124 B area district - 29-119, -119a, -119b Lot interior 29-101 C area district 29-120 Lot lines . . . .29-101 Side yard requirements Lot through 29-101 A area district 29-118 Lot triangular • 29-101 B area district 29-119 Map of use districts 29-101 C area district 29-120 . Monument business in ''C'' district 29-110a Signs 22-203 Non-conforming use 29-101 Street 29-101 Non-conforming uses 29-113 Structural alteration 29-101 Occupancy certificate 29-123 Tenement house . . 29-101 Penalty for violation 29-127 Terrace 29-101 Place 29-101 Title to general ordinance 29-10Ia Plats with applications 29-124 Two-family dwelling 29-101 Private garage 29-101 Use districts 29-102 • p -