22-11140 Downtown Arts, Commerce and Entertainment District-
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ORDINANCE NO. 22-11140
AN ORDINANCE AMENDING SALINA CODE SECTIONS 6-115, 6-116, 6-186, 6-188, 6-233,
AND 6-234 PERTAINING TO THE PERMITTING AND REGULATION OF HORSE-
DRA WN VEHICLES, OUTDOOR MERCHANDISE AREAS AND MINOR SIDEWALK
DINING AREAS IN THE DOWNTOWN ARTS, COMMERCE AND ENTERTAINMENT
DISTRICT IN THE CITY OF SALINA, KANSAS, REPEALING THE EXISTING
SECTIONS, AND REPEALING SALINA CODE SECTION 35-40.2 PERTAINING TO USE
OF PUBLIC SIDEWALK IN THE C-4 CENTRAL BUSINESS DISTRICT FOR
PLACEMENT OF CERTAIN OBJECTS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas :
Section 1. Amendment. Section 6-115 of the Salina Code is amended to read as follows :
Sec. 6-115. Horse-drawn vehicles and pedicabs; additional requirements.
(a) In addition to the general information required by section 6-113 , an application to operate
a horse-drawn v ehicle or pedicab shall contain:
1. The name of, and a copy of a valid Kansas driver 's license for , each that will
operate the horse-drawn vehicle or pedicab, as applicable, under the permit for
which the application is being submitted.
2 . A copy of a certificate of insurance , as prescribed by this article , establishing that
the applicant has procured appropriate liability insurance and that such insurance
is current.
3. A statement of the applicant 's qualifications and prior experience in relation to the
transportation of passengers .
4 . The number of vehicles to be operated under the permit, and with respect to each
vehicle , the following information, as applicable: make, model, year, body style ,
vehicle identification number, seating and weight capacity, and physical condition .
5. Depiction of the company 's insignia or logo to be used to designate the applicant 's
vehicles .
6. A digital photograph of each vehicle the applicant seeks a permit to operate, in a
format approved by the City.
7. A copy of the applicant 's fare schedule.
8. If the application is for a horse-drawn vehicle, a written health certificate pursuant
to section 6-186(c)(l 1) from a licensed veterinarian issued not more than 30 days
from the application submittal date.
(b) An applicant or any of the applicant 's operators must not have been convicted of three (3 )
or more violations of the provisions of this article within the two (2) year period preceding
the date of the application.
Section 2. Amendment. Section 6-116 of the Salina Code is amended to read as follo w s:
Sec. 6-116. Outdoor merchandise areas and minor sidewalk dining areas; additional
requirements.
(a) In addition to the general information required by section 6-113 , an application to operate
an outdoor merchandise area or minor sidewalk dining area shall contain:
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1. If the applicant seeks to serve food within the outdoor merchandise area or minor
sidewalk dining area, a copy of any food establishment license(s) required by
applicable law.
2 . A copy of a certificate of insurance, as prescribed by this article , establishing that
the applicant has procured appropriate liability insurance and that such insurance
is current.
3. If the applicant seeks to operate an outdoor merchandise area or a minor sidewalk
dining area on extended sidewalk or plaza, written permission of all owners of
record (including all equitable owners , if any) and all tenants, if any , of the real
property that immediately abuts or adjoins the extended sidewalk or plaza.
(b) A site plan denoting the boundaries of the outdoor merchandise area or minor sidewalk
dining area will be created by the city based on the proposed location and in accordance
with the provisions ofthis article. The site plan will become a part of any approved permit
and all boundaries denoted on the site plan must be adhered to as a condition of the permit.
Section 3. Amendment. Section 6-186 of the Salina Code is amended to read as follows :
Sec. 6-186. Horse drawn vehicles; animal welfare and use.
(a) A horse-drawn vehicle permittee shall at all times be responsible for ensuring the humane
care and treatment of each horse or mule used in connection with a horse-drawn vehicle.
(b) A horse-drawn vehicle permittee shall prepare and maintain a written log for each horse
or mule utilized in the operation of a horse-drawn vehicle, which shall include accurate
information showing the daily start and stop times of service for the animal , the time and
duration of each break in service for the animal , the total hours the animal has worked for
the day and week, and compliance with the grooming requirements of this article.
( c) A horse-drawn vehicle permittee shall ensure that each horse or mule utilized to operate a
horse-drawn vehicle:
1. has its hooves properly shod and trimmed, utilizing rubber coated or rubber heal
pads or open steel barium tip shoes , to aid in the prevention of slipping ;
2. is given a fifteen-minute rest period at the end of two (2) consecutive in-harness
hours, and potable water shall be made available during the rest period;
3. is not utilized to pull a vehicle carrying more passengers than such vehicle is
designed to carry by the manufacturer, or to pull a vehicle with fewer animals than
provided for by such design ;
4 . is not worked more than eight (8) hours in a twenty-four-hour period, or more than
forty-eight ( 48) hours in a se v en-day week;
5. is not worked more than four (4) total hours in a twenty-four-hour period in
temperatures ex ceeding ninety (90) degrees Fahrenheit if the humidity exceeds
twenty (20) percent; in such weather conditions , horses shall be gi v en a fifteen-
minute rest period at the end of every labor hour, with potable water made available
during the rest period;
6 . is not worked at a speed faster than a slow trot;
7. is not touched with a whip, other than by light touch;
8 . is blanketed when unsheltered, if the temperature is 35 degrees Fahrenheit or less ,
after appropriate cool down ;
9. is not worked with any equipment that causes the horse to experience an
impairment of vision, other than blinders ;
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-10. is groomed daily ;
L 11. is examined prior to use in a horse-drawn vehicle business at the permittee 's
expense by a licensed veterinarian, who shall certify that the horse is in good health
and proper condition and of the appropriate body weight to perform such work,
and has been immunized as deemed necessary and appropriate , as applicable in the
veterinarian's judgment; and
12. is equipped with harnesses and bits that are used and maintained in accordance
with the manufacturing design.
Section 4. Amendment. Section 6-188 of the Salina Code is amended to read as follows:
Sec. 6-188. Equipment and design requirements; horse-drawn vehicles.
(a) A horse-drawn vehicle shall have the following information permanently painted or
stenciled, or magnetically affixed, to the vehicle, with at least two-inch lettering:
1. the permittee's telephone number, and name, logo , or insignia on the back and both
sides of the vehicle , which shall be legible from the rear of the vehicle a distance
of at least fifty (50) feet and from the sides a distance of at least thirty (30) feet ;
and
2 . the permittee's vehicle number, as assigned by the city, on both sides of the vehicle.
(b) Horse-drawn vehicles shall be equipped with the following:
1. brakes , taillights , turn signals, and a slow-moving vehicle sign on the rear of the
vehicle; -2. lights which shall emit light to the front side, which shall be visible from a distance
L of five hundred (500) feet , together with such other lights and lamps as required
under applicable law, including but not limited to K .S.A. 8-1718 , and amendments
thereto ; and
3. a fifty (50) percent bleach and fifty (50) percent water compound, which shall be
poured over horse urine so as to break down and eliminate accumulated agents and
odors .
Section 5. Amendment. Section 6-233 of the Salina Code is amended to read as follows:
Sec. 6-233. Authorized locations.
(a) No person shall operate an outdoor merchandise area or minor sidewalk dining area other
than within an adjoining sidewalk or plaza and, if applicable, the extended sidewalk or
plaza. An outdoor merchandise area or minor sidewalk dining area shall not include
extended sidewalk or plaza unless written permission is obtained from all owners of reco rd
(including all equitable owners , if any) and all tenants , if any, of the real property that
immediately abuts or adjoins the extended sidewalk or plaza.
(b) Within a sidewalk the outdoor merchandise area or minor sidewalk dining area:
1. Must be on the sidewalk and within the footprint of the building's side property
lines ;
2. May extend beyond the property line only with written permission as described
,..-above ; and
3. Must not encroach into adjacent streets or parking stalls.
.... ( c) Within a plaza an outdoor merchandise area or minor sidewalk dining area:
1. Must be on a plaza and within the footprint of the building 's side property lines ;
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2. May extend beyond the property line only with written permission as described
above; and
3. Must not be more than sixteen (16) feet into the adjoining plaza area.
(d) An outdoor merchandise area or minor sidewalk dining area is not allowed within alley.
Section 6. Amendment. Section 6-234 of the Salina Code is amended to read as follows:
Sec. 6-234. Placement of objects in outdoor merchandise area.
(a) An outdoor merchandise area permittee or minor sidewalk dining area permittee may be
permitted to place or display objects in the outdoor merchandise area or minor sidewalk
dining area, as applicable, subject to the provisions ofthis section.
(b) Objects placed or displayed in an outdoor merchandise area or minor sidewalk dining area
shall:
1. not be attached or affixed to the sidewalk or other public property;
2. be located and operated in compliance with the terms of the applicable permit;
3. be located so that there is a minimum of six ( 6) feet of unobstructed clearance for
pedestrian traffic on the sidewalk and plaza, or the minimum required by this code
or applicable law, whichever requirement is greater;
4. not interfere with or impede vehicular traffic;
5. be made stable and without sharp edges, protrusions, or other features which may
be hazardous to the public;
6. comply with, or not cause or result in a violation or non-compliance with, other
requirements of applicable law, including but not limited to the Americans with
Disabilities Act;
7. be secured so as to not become dislodged by wind;
8. not block regulatory signs, crosswalks, curb ramps, pedestrian push buttons ,
handicap accessible parking spaces or access points, or intersections ;
9. be sufficiently illuminated during times of low light in order to provide for safe
pedestrian passage alongside or through the outdoor merchandise area or minor
sidewalk dining area;
10. be a minimum height of twenty-eight (28) inches tall, or of sufficient size and
height to comply with applicable law, whichever is greater, so that safe pedestrian
traffic in and around the outdoor merchandise area or minor sidewalk dining area
is not impeded ;
11. not exceed six ( 6) feet in height; and
12. With respect to any moveable sign displayed in the outdoor merchandise area:
(i) the sign face and frame shall be no larger than three feet (3 ') in width and four
feet (4') in height;
(ii) the sign shall not be illuminated;
(iii) the sign shall not display any off-premise advertising message; and
(iv)the sign shall not result in more than one movable sign being displayed within
the outdoor merchandise area at any time.
( c) Except as otherwise authorized in subsection ( d), or in the applicable downtown activity
permit, an outdoor merchandise area permittee shall not place or display objects in an
outdoor merchandise area other than during the regular hours of operation for the
permittee's adjacent interior retail or service business, and all objects placed or displayed
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shall be moved inside a building or structure at the end of each day of operations and
during inclement weather, including but not limited to heavy rain, wind, ice, or snow.
(d) An outdoor merchandise area permittee may place or display the following objects in an
outdoor merchandise area during non-business hours:
(i) movable flower pots;
(ii) movable planters; and
(iii) moveable bicycle racks.
Section 7. Repealer of Sections Amended. Existing Salina Code Sections 6-115, 6-116, 6-186, 6-
188, 6-233, 6-234, and 35-40.2 are hereby repealed.
Section 8. Repealer of Section 35-40.2. Existing Salina Code Section 35-40.2 pertaining to use of
public sidewalk in the C-4 central business district for placement of certain objects is hereby repealed.
Section 9. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 22-11140 Summary
On December 19, 2022, the City of Salina, Kansas, passed Ordinance No. 22-11140.
The ordinance amends Chapter 6 of the Salina Code relating to the area designated as
the downtown arts, commerce and entertainment district in the City of Salina Kansas
by amending Salina Code Sections 6-115, 6-116, 6-186, 6-188, 6-233, and 6-234
pertaining to permitting and regulation of horse-drawn vehicles, outdoor merchandise
areas and minor sidewalk dining areas, and repeals the existing sections. The ordinance
also repeals Salina Code Section 35-40.2 pertaining to use of public sidewalk in the
C-4 central business district for placement of certain objects. A complete copy of the
ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W.
Ash Street, free of charge. This summary is certified by the city attorney.
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Introduced:
Adopted:
December 12, 2022
December 19, 2022
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Trent W. Davis, M.D., Mayor