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6539.1 1960 CodeCONSOLIDATED -SAUNA THE CODE OF THE CITY OF SALINA, KANSAS 1960} Authorized by Ordinance No. 6211, As Amended by Ordinance No. 6422. Adopted by Ordinance No. �J. Effective this /.� day of '� -�-� , 1960. r Codification Prepared by The League of Kansas Municipalities and Rudolph Bart&, City Attorney and Adopted by The Board of Commissioners Under the Provisions of G. S. 1959 Supp. 12-3014:15. CONSOLIDATED-SALINA 1 1 I CERTIFICATE OF THE CITY CLERK Office of the City Clerk Salina, Kansas State of Kansas) ss. Saline County ) I, Harold E. Peterson, City Clerk of the City of Salina, Saline County, Kansas, do hereby certify that said city is a city of the first class of the commission -manager form of government under the statutes of Kansas; that this codification of the general ordinances of said city and the publication thereof in book form were ordered and authorized by the Board of Commissioners by Ordinance No. 6211 as amended by Ordinance No.!=4�_'?and in accordance therewith is entitled that said codification was adapted as "The'Cod e of. the Clty'af Salina, Kansas, 1960" "The Code of the City of Salina, Kansas, 1960 Vby the Board of Commissioners by Ordinance No.6'� 71passed on the day of .� , 1961, as authorized by Section 12-3015 of the 1959 Supplement to the General Statutes of 1949; that said Ordinance No.6j'? and said codification of general ordinances as contained in this volume will take effect upon publication of fifty or more:copies in loose-leaf books; that the publication of fifty or more copies of this book constituting "The Code of the City of Salina, Kansas, 1960" and adoptive Ordi- nance No.J� constitutes due :-passage and publication of all general ordinances contained in said codification; that the codification and adoptive Ordinance No.�C.)� Y as contained herein are true and correct copies; and that said book imports absolute verity and is to be received in evidence in all courts and places without further proof as provided by G. S. 1959 Supp. 12-3015. I further certify that "The Code of the City of Salina, Kansas, 1960" and the matter therein contained to take effect upon publication in this book will take effect and be in force from and after , 1960. Witness my hand and the seal of said city at my office in Salina, Kansas, this day of , 1960. /s/ Harold E. Peterson City Clerk of the City of Salina, K£rrsas (SEAL) CONSOLIDATED-SALINA r - 1 1 PREFACE This book contains the general ordinances of the City of Salina, Kansas, and should be referred to as "The Code of the City of Salina, Kansas,1960" or in popular use as "The Code." The book is a loose-leaf book so that an annual or less frequent codification to include amendments of existing ordinances and new ordinances since this or later year with such changes, deletions and additions as may be desired and readoption of the entire book with such changes as a new code. Thus, in 1962, ordinances of a general nature passed since adoption of this code will be assembled, the appropriate sheets of the code reprinted to reflect the changes and additional sheets printed to include new ordinances, all inserted at the proper places and the entire matter adopted as "The Code of the City of Salina, Kansas, 1962." The new sheets will be made available to the owners of copies of the code for insertion in their binders. The owners can, by watching the official city paper note ordinances of a general nature amending sections of the code or on new subjects, note the sections amended in their codes, file the ordinances on new subjects or place them in the code and thus at all times keep the ordinances up to date until the next adoption. CONSOLIDATED -SALIN A 1 1 ORDINANCE NO. 6211 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE REVISION AND CODIFICATION OF THE GENERAL ORDINANCES OF THE CITY OF SALINA, KANSAS; THE PREPARATION OF SCHEDULES OF INDICES OF CERTAIN SPECIAL ORDINANCES OF SAID CITY; AND THE PUBLICATION OF THE SAID REVISION AND CODIFICATION. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. That a revision and codification of the general ordinances of the City of Salina, Kansas, together with the preparation of schedules of indices of certain special ordinances of said city, is hereby ordered and authorized as provided by law. The preparation of the revision and codification of the general ordinances of the schedule of indices of special ordinances shall be done by The League of Kansas Municipalities and Rudolph Barta as provided by contract. When completed, the said revision and codification and schedules of indices shall be published in book and/or pamphlet form of which not less than fifty (50) copies shall be published. Such revision and codification shall be entitled, "The Salina Code of Revised Ordinances," and by the year in which such work shall be completed and ready for publication, and shall be duly authenticated by certification of the City Clerk. Introduced: February 11, 1958. Passed: February 1$, 1958. (SEAL) ATTEST: /s/ H. E. Peterson City Clerk /s/ R. F. Exline Mayor CONSOLIDA?ED-SALINA 1 1 1 F< ORDINANCE NO. i CONSOLIDATED -SALIVA 1 1 J ORDINANCE NO. � rP 7 AN ORDINANCE ADOPTING THE CODIFICATION OF ORDINANCES OF THE CITY OF SALINA, KANSAS, AUTHORIZED BY ORDINANCE NO. 6211 AS AMENDED BY ORDINANCE NO.(, 4-1-1. Be it Ordained by the Governing Body of the City of Salina: Section 1. The codification of the ordinances of the City of Salina, Kansas, and the whole thereof, authorized by Ordinance No. 6211, as amended by Ordinance No. & 4,2 ., and made in conformity with Sections 12-3014 and 12-3015 of the 1959 Supplement to the General Statutes of 1949 is hereby adopted as "The Code of the City of Salina, Kansas, 1960" and this ordinance and said codification shall become effective upon the publication of the same in fifty (50) or more copies of a loose- leaf book: Provided, That nothing herein or in said code: shall be considered as amending or repealing or affecting the zoning ordinance of said city and amendments thereto and ordinances amending the district map of said ordinance for the rezoning of property from one district to another. When so published with a certificate of the City Clerk, such codification shall import absolute verity and be received in evidence in all courts and places without further proof. Section 2. All ordinances and parts of ordinances of a general nature in force and effect at the date of the publication of fifty (50) or more copies of the books of codified ordinances entitled "The Code of the City of Salina, Kansas, 1960," and this ordinance and not contained in said "The Code of the City of Salina, Kansas, 1960," ,-,k, 44?7 except ordinances of a general nature passed since u i:? . , 1960, are hereby repealed as of the date of publication of said "The Code of the City of Salina, Kansas, 1960," except as hereinafter provided: Provided, That nothing herein shall be considered as repealing any zoning ordinances as specified in Section 1. Section 3. In construingthis ordinance, the following ordinances shall not be considered or held to be ordinances of a general nature: (a) Ordinances relating to the purchase and condemnation or appropriation of property for public use; (b) Ordinances opening, dedicating, widening, vacating or narrowing of streets, avenues, alleys and boulevards; (c) Ordinances establishing or changing grades of streets, avenues, alleys and boulevards; (d) Ordinances naming or changing the names of streets, avenues and boulevards; (e) Ordinances authorizing or directing public improvements to be made; (f) Ordinances creating districts for public improvements of whatsoever kind or nature; (g) Ordinances levying general taxes; CONSOLIDATED-SALINA D u 1 (h) Ordinances levying special assessments or taxes; (i) Ordinances granting any rights, privileges, easements or franchises therein mentioned to any person, firm or corporation; (j) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the city; (k) Ordinances authorizing contracts; (1) Ordinances pertaining to annexations or exclusions; (m) Ordinances declaring the boundary of the city: Provided, That the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordi- nances not of a general nature and general ordinances specifically excepted by this section. Section 4. The repeal of ordinances as provided in Section 2 hereof, shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect, after the passage, approval and publication of this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefor. Section 5. This ordinance shall take effect and be in force from and after its publication in the books entitled "The Code of the City of Salina, Kansas, 1960," as provided by Section 12-3015 of the 1959 Supplement to the General Statutes of Kansas, 1949. Passed by the Board of Commissioners this( 3 day of E -�.�, 1960. .9 Signed -�.r�, ( �j , 1964. j /s/ VV t Mayor ATTEST: /s/ City Clerk (SEAL) CONSOLIDATED-SALINA 1 D 1 TABLE OF CONTENTS CHAPTER I. GENERAL PROVISIONS Article 1. General Provisions CHAPTER II. ADMINISTRATION Article 1. Board of Commissioners Article 2. The City Manager Article 3. Administrative Departments Article 4. General Matters Article 5. Oaths Article 6. Bonds of City Officers and Employees Article 7. Seal of the City of Salina Article 8. Old City Records Article 9. Personnel Generally CHAPTER III. AIRPORT , Article I. Airports CHAPTER IV. AMUSEMENTS AND RECREATION Article 1. Board of Public Welfare Article 2. Carnivals, Circuses and Tent Shows Article 3. Public Dances Article 4. Pool and Billiard Halls and Shuffle Boards CHAPTER V. ANIMALS AND FOWLS Article 1. Animals and Fowls Article 2. Dogs Article 3. Cats and Other Fur -Bearing Animals CHAPTER VI. BEVERAGES Article 1. Alcholic Liquor Article 2. Cereal Malt Beverages CHAPTER VII. BONDS OF CONTRACTORS, ETC. Article 1 . Bonds of Contractors, Licensees, Etc. 9-ONSOLIDATED-5ALINA 1 1 CHAPTER VIII. BUILDINGS Article 1. Fire Limits Article 2. Building Code Article 3. Awnings, Canopies, Marquees Article 4. Signs Article 5. Electrical Code Article b. Television and Radio Towers and Antennae Article 7. Plumbing Code Article 8. Gas Piping Code Article 9. Mobile Homes Courts Article 10. Moving Dwellings Article 11. Fences, Walls, Hedges CHAPTER IX. CEMETERY Article 1. Cemetery CHAPTER X. COURTS Article 1. City Court Article 2. Police Court CHAPTER XI. FIRE DEPARTMENT Article 1. Fire Department Article 2. Firemen's Relief Association Article 3. Dangerous Structures: Demolition, Removal, Repair CHAPTER XII. FIRE PREVENTION Article 1. Fire Prevention Article 2. Fireworks Article 3. Dry Cleaning Plants Article 4. Liquefied Petroleum Gases Article 5. Miscellaneous Provisions CONSOLIDATE• D-SALINA fl 1 CHAPTER XIII. HEALTH Article 1. City -County Board of Health Article 2. Health Department Article 3. Unhealthful Conditions Article 4. Eating, Drinking and Food Establishments Article 5. Meat Article b. Milk Article 7. Food and Beverage Vending Machines Article 8. Food Handlers Examination Article 9. Sewers: Requiring Connection to Article 10. Cesspools and Vaults Article 11. Unhealthful Structures CHAPTER XIV. INDUSTRIAL DEVELOPMENT Article 1. Industrial Development CHAPTER XV. LIBRARY Article 1. Library Board Article 2. Offenses Relating to the Library CHAPTER XVI. LICENSES, FEES AND REGULATIONS Article I. General Provisions Article 2. License Fees Article 3. Arcades Article 4. Auction Sales Article 5. Junk Dealers Article b. Loud -Speakers Article 7. Music Machines Article 8. Pawnbrokers and Secondhand Dealers Article 9. Public Vehicles: Licenses in General Article 10. Taxicabs Article 11. Solicitors and Canvassers CHAPTER XVII. MEMORIAL HALL Article I. Memorial Hall Management CONSOLIDATED-SALINA 1 1 F— L J LJ CHAPTER XVIII. NUISANCES Article 1. Radio Interference Article 2. Smoke Article 3. Trespassing Nuisances Article 4. Weeds and Other Obnoxious Growths CHAPTER XIX. OIL AND GAS Article 1. Oil and Gas Wells Article 2. Fencing of Storage Facilities CHAPTER XX. PARKS Article 1. Swimming Pools Article 2. Offenses in Parks CHAPTER XXI. PLANNING AND ZONING Article 1. Planning Article 2. Zoning CHAPTER XXII. POLICE DEPARTMENT AND MERCHANT POLICE Article 1. Police Department Article 2. Police Benefit Fund Article 3. Merchant and Private Police CHAPTER XXIII. PUBLIC OFFENSES Article 1. General Provisions Article 2. Acts Declared Unlawful Article 3. Offenses Against Persons Article 4. Offenses Against Property Article 5. Offenses Affecting the Administration of Justice Article 6. Offenses Against Public Morals and Decency Article 7. Offenses Against Peace and Order Article 8. Offenses Relating to Obscene Advertisements and Publication Article 9. Offenses Relating to Animals Article 10. Offenses Relating to Lotteries, Slot Machines and Punch Boards Article 11. Miscellaneous Offenses CONSOLIDATED-SALINA 1 1 CHAPTER XXIV CHAPTER XXV. PUBLIC UTILITIES Article 1. Miscellaneous Regulations REFUSE Article 1. Refuse Department i Article 2. Refuse Haulers, Private CHAPTER XXVI. STREETS Article 1. House Moving Article 2. Numbering Buildings Article 3. Driveways and Recessed Parking Areas Article 4. Surfacing and Resurfacing Roadways Article 5. Service Pipes and Sewers Ahead of Paving Article 6. Excavation Article 7. Protection of Paving and Sidewalks; Stairways, Areaways Article 8. Grades; Bench Marks Article 9. Construction and Maintenance of Intersections with Railroads Article 10. Street Lights at Railroad Crossings. Article 11. Sidewalks, Curbing, Guttering, Driveways, Etc. Article 12. Snow and Ice on Sidewalks Article 13. Miscellaneous Matters Relating to Streets CHAPTER XXVII. TRAFFIC Article 1. Definitions Article 2. Obedience to Traffic Regulations Article 3. Driver's License and Vehicle Tags Article 4. Traffic -Control Article 5. Accidents; Duties Article 6. Special Offenses Article 7. Speed Regulations Article 8. Driving Regulations Article 9. Signals Article 10. Street Restrictions Article 11. Pedestrians CONSOLIDATED-SALINA J n 1 Article 12. Safety Zones Article 13. Trains and Railroads Article 14. Stopping and Parking Article 15. Riding Vehicles Article 16. Bicycles Article 17. Miscellaneous Article 18. Lights and Lamps Article 19. Equipment Article 20. Explosives Article 21. Weights, Widths, Heights and Loads Article 22. Penalties Article 23. Parking Meters CHAPTER XXVIII. TREES Article 1. Trees CHAPTER XXIX. WARDS AND PRECINCTS Artic.le 1 . Wards and Precincts CHAPTER XXX. WATERWORKS Article 1. Waterworks Article 2. Water Conservation CON SnLIDATED-SALINA 1 CHAPTER I. GENERAL PROVISIONS Article 1. General Provisions Article 1. General Provisions 1-101. How Code Designated and Cited 1-102. Definitions and Rules of Construction 1-103. Parenthetical and Reference Matter 1-104. Catchlines or Headings of Sections 1-105. Sections; Section Numbers; Citing; Amendment; Repeal 1-106. Severability of Parts of Code j 1-107. General Penalty; Continuing Violations 1-101. How Code Desiqnated and Cited. The chapters, articles and sections herein of the City of Salina, Kansas, 1960, shall constitute and be designated as "The 4 Code/ and may be so cited. Where "The Salina Code," the words/"this code" or "the code" are used herein or in later ordinances, they of the City of Salina, Kansas, 1960," shall refer to "The 9XXXXX Codej unless the context indicates otherwise. 1-102. Definitions and Rules of Construction. In the construction of this code and of all ordinances of the city, the following definitions and rules of con- struction shall be observed, unless they are inconsistent with the manifest intent of the Board of Commissioners or the context clearly requires otherwise: (a) Board of_Commissionersi City_Commission;_Commission. The phrases "Board of Commissioners, "City Commission," or "Commission" mean the Board of Commissioners of the City of Salina, Kansas. (b) Bond. When a bond is required, an undertaking in writing shall be sufficient. (c) City. The words "the city" mean the City of Salina, in the County of Saline, in the State of Kansas. (d) Computation of_Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday, that day shall be excluded. (e) County. The words "the county" mean the County of Saline, in the State of Kansas. (f) Gender. 'Words importing the masculine gender include the feminine and neuter. (g) In_the_City. The words "in the city" mean and include any territory within the corporate limits of the City of Salina, Kansas and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by law, except as otherwise specified. CONSOLIDATED -SALIVA 1 1 1 (h) Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. (i) Number. Words used in the singular include the plural and words used in the plural include the singular. (j) Oath. The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words ""affirm" and "affirmed." (k) Ori And. The word "or" may be read as "and" and the word "and" as ""or,"" where the sense requires it. (1) Owner. The word "owner" applied to a building or land, shall include not only the owner of the whole, but any part owner, joint owner, tenant in common or joint j tenant of the whole or a part of such building or land. (m) Person. The word "person" includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual. (n) Personal_Property. The words "personal property" include every species of property, except real property. (o) Precedinq,_Following. The words "preceding" and "following" mean next before and next after, respectively. (p) Property. The word "property" includes real, personal and mixed property. (q) Real—Property. The words "real property" include lands, tenements and hereditaments. (r) Sidewalk. The word "sidewalk" means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. (s) State. The words "the state" mean the State of Kansas. (t) Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city. (u) Tenants gccupant. The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others. (v) Writinq,_Written. The words "writing" and "written" include typewriting, printing on paper and any other mode of representing words and letters. CONSOLIDATFD-SALINA 1 1 1 1-103. Parenthetical and Reference Matter. The matter in parentheses at the ends of sections is for information only and is not a part of the code. Citations to the Revised Ordinances of 1948 (R. 0. 1948) and to later ordinances indicate only the source and the text may or may not be changed by this code. The code is a new being Sections 12-3014 and 12-3015 of the 1959 Supplement to the General'._.':. enactment under the provisions of Chapter 64, Laws of 1959# /Reference matter not Statutes. in parentheses is for information only and is not a part of the code. 1-104. Catchlines or Headings of Sections. The catchlines or headings of the sections of this code printed in boldface type are intended as mere words to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted. 1-105. Sections; Section Numbers; Citing; Amendment; Repeal. The number, e.g. 14-113, preceding the catchline or heading of a section is a section of this code and is for the purpose of indexing, citing, amending and repealing. The figure preceding the hyphen indicates the chapter number, the digit (sometimes two digits) immediately following the hyphen indicates the article number and the following digit or digits indicate the section number of the article; thus, 14-113, means chapter 14, article 1, section 13; 5-201, means chapter 5, article 2, section 1; 13-1321, means chapter 13, article 13, section 21. The entire number, e.g. 14-113, is a section the City ofnumber of this code and is to be cited, e.g. "Section 14-113 of thefi8ed�q Code/ Salina1 A section of this code shall be amended as a section of this code in language substantially as follows in the amending ordinance: That Section 14-113 of The of the City of Salina, Kansas, 1960 *kdXx1, Code/is hereby amended to read as follows: Sec. 14-113, followed by the entire section in its amended form. A section of this code shall be repealed by the repealing ordinance in language substantially as follows: Section 14-113 of The of the City of Salina, Kansas, 1960 )BoUxx Code/is hereby repealed. 1-106. Severability of Parts of Code. If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstances, is declared to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this code. nsas, CONSOLIDATED-SALINA 1 1 1-107. General Penalty; Continuinq Violations. Wherever in this code, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is prescribed or no general penalty to an article or chapter is prescribed, the violation of any such provision of this code shall be punished by a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the city jail for a period of not exceeding one (1) year, or by both such fine and imprisonment, at the dis- cretion of the Police Judge. Each d ay any violation of this code continues shall constitute a separate offense. CONSOLIDATED-$ALINA 1 11 CHAPTER II. ADMINISTRATION Article 1. Board of Commissioners Article 2. The City Manager Article 3. Administrative Departments Article 4. General Matters Article 5. Oaths Article 6. Bonds of City Officers and Employees Article 7. Seal of the City of Salina Article 8. Old City Records Article 9. Personnel t7enerally Article 1 . Board of Commissioners 2-101. Membership 2-102. Powers Generally 2-103. Titles 2-104. Chairman: Mayor 2-105. Order of Business 2-106. Meetings 2-107. Ordinances 2-108. Offices and Salaries 2-109. Appoint City Manager 2-110. Commissioners Notto Interfere 2-111. Departments 2-101. Membership, The Board of Commissioners shall consist of the number of commissioners provided by statute and they shall be elected as provided by law, and shall be referred to in this code as the "commission "governing body," "governing board," and "board of commissioners. " (R. O. 1948, 1-101) 2-102. Powers Generally. All powers exercised by cities of the first class, or which shat l hereafter be conferred upon t hem, shat l be exercised by the Commission, insofar as they do not conflict with the provisions of the statutes relating to the city manager plan of government. (R. O. 1948, 1-102; G. S. 12-1002) 1 1 CONSOLMATED-3ALINA 2-103. Titles. No distinction shall be made in title or duties among the Commissioners, except as the Board shall organize itself for business. (R. O. 19481 1-103; G. S. 12-1006) 2-104. Chairman: Mayor The Commission shall choose its own chairman annually, and the chairman shall have the title of Mayor during the year of his office, to the end that the city shall have an official head on formal occasions. (R. O. 1948, 1-104; G. S. 12-1007) 2-105. Order of Business. The Commission shall determine its own order of business by resolution. (R. O. 1948, 1-105; G. S. 12-1007) 2-106. Meetinas. The Commission shall meet at least once a week or oftener if the public business requires, the day and hour of such regular meetings to be specified in the resolution relating to the order of business. A call signed by a majority of the Commission shall be sufficient warrant for a special meeting. The Commission shall, by resolution, adopt a form of call. Regular or special meetings shall always be open to the public. (R. O. 1948, 1-106; G. S. 12-1009) 2-107. Ordinances, The Commission shall pass all ordinances needful for the welfare of the city. (R. O. 1948, 1-107; G. S. 12-1010) NOTE: Legislative duties of Commission same under manager act as under straight commission. State v. Jacobs, 135 Kan. 513. 2-108. Offices and Salaries. The Commission shall provide for such offices as shall be necessary to carry out the provisions of the statute relating to the city manager plan of government and determine salaries for the same. (R. O. 1948, 1-108; G. S. 12-1010) sections, see Secs. 2-907 and 2-908. NOTE: Salaryibrxbiwa��aac�xXi�oa�x9ce�cx�tmxfirs~x�a�angc�c�c:�sxrdxla�adx�c6e�rb�lc�acxia� 2-109. Appoint City Manager. The Commission shall appoint a Manager as herein pro- vided, and shall be responsible for his efficient administration of the city's business. (R. O. 1948, 1-109; G. S. 12-1010) 2-110. Commissioners Not To Interfere No member of the City Commission shall directly interfere with the conduct of any department, except at the express direction of the Commission. (R. O. 1948, 1-110; G. S. 12-1014) 2-111. Departments. Administration departments shall be created by the Commission as the public business may demand. (R. O. 1948, 1-111; G. S. 1959 Supp. 12-1015) CONSOLIDATED-$ALINA 1 1 1 Article 2. The City Manager 2-201. Administration by Manager 2-202. Appointment of Manager; Term; Qualifications 2-203. Salary; Bond 2-204. Duties of Manager 2-205. Countersign Warrants 2-201. Administration by Manager The administration of the city's business shall be in the hands of the Manager. (R. O. 1948, 1-201; G. S. 12-1011) 2-202. Appointment of Manager; Term; Qualifications The Commission shall, when - ever by virtue of a vacancy in said office it becomes necessary, appoint a Manager who shall be responsible for the administration of all of the affairs of the city, and hold office at the pleasure of the Board. The Manager shall be chosen solely on the basis of administrative ability and the choice shall be not limited by any residence qualifications. (R. O. 1948, 1-202; G. S. 12-1011, 12-1012) NOTE: The Manager holds office during the pleasure of the Commission. State, ex rel. v. Jacobs, 135 Kan. 513. 2-203. Salary; Bond The Manager shall receive a salary to be fixed by the Commission and shall give bond for the faithful performance of his duties in such amount as may be provided by ordinance. (R. O. 1948, 1-203; G. S. 12-1013) Ref.: See Sec. 2-607. 2-204. Duties of Manager. The Manager shall be responsible for the administration of all of the affairs of the city. He shall see that the laws and ordinances are enforced. He shall appoint and remove all heads of departments and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fitness along. The Manager shall have the option to require the appointment of a civil service commission as established by the provisions of Section 13-2201 of the General Statutes of 1949 and any amendments thereto. The Governing Board at the request of the Manager, shall appoint civil service commissioners as is now or may hereafter be pro- vided for by law for cities of the State of Kansas. He shall be responsible for the discipline of all appointiveofficers and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. He shall prepare and submit the annual budget to the CONSOLIDATXD-$ALINA 1 1 11 Governing Body and also keep the Commissioners fully advised as to the financial condition and needs of the city. He may make recommendations to the Commissioners on all matters concerning the welfare of the city, and shall have a seat, but no vote, in all of the public meetings of the Governing Body. He shall perform such other and further duties as may be required by lawor ordinance. (R. O. 1948, 1-204; G. S. 12-1014, G. S. 1959 Supp. 12-1015) NOTE: "The duties of the Manager are not legislative but administrative. " State, ex rel. v. Jacobs, 135 Kan. 513. The terms of office of an officer under the manager plan expires either with the expiration of the term of office of the Manager or at his pleasure. Hall v. City of Wichita, 115 Kan. 65. 2-205. Countersign Warrant He shall countersign all warrants and combined warrant- i checks issued by the Director of Finances. (R. O. 1948, 1-205; G. S. 12-1016, 10-801) Article 3. Administrative Departments 2-301. Administrative Departments Created 2-302. Administrative Departmental Divisions; Officers; Employees; Boards 2-303. Department of Law 2-304. Department of Service 2-305. Department of Public Health 2-306. Department of Safety 2-307. Department of Finance 2-308. Department of Waterworks 2-309. Additional Departments 2-301. Administrative Departments Created There are hereby created for the City of Salina, the following Administrative Departments: (a) Department of Law; (b) Department of Service; (c) Department of Public Health; (d) Department of Safety; CONSOLIDATED -SALIVA 1 1 1 (e) Department of Finance; (f) Department of Waterworks. (R. O. 1948, 1-301; G. S. 1959 Supp. 12-1015) 2-302. Administrative Departmental Divisions; Officers; Employees; Boards. The affairs of the various Administrative Departments shall be administered by the following officers and employees, functional departments or boards, and the officers and employees thereof or by such other officers and employees, functional departments or boards as may be required by law or other ordinances. All heads of departments, other officers, employees and members of boards shall be appointed by the City Manager, unless otherwise provided by law, and shall hold office at his pleasure unless otherwise provided by law: Provided That the Manager need not appoint or employ any officer or employee herein provided for, when the business of the city shall not require it. The duties of such officers and employees, departments or boards shall be as herein provided or as pro- vided by other ordinances of the city and by the laws of the State of Kansas. The Manager may appoint a director to be in general charge of an administrative department. The administrative departments shall consist of the officers, functional departments, boards and employees authorized herein and such other officers, functional departments, boards and employees as shall be attached to said administrative departments by other ordinances. 1 . Department of Law (a) City Attorney (b) Assistant City Attorneys (c) Police Judge 2. Department of Service (a) City Engineer Inspectors, Rodmen, Instrument Men and Other Necessary Employees (b) Street Department (1) Superintendent of Streets (2) Vehicle Drivers, Teamsters, Street and Other Necessary Employees (c) Park Department (1) Superintendent of Parks (2) Necessary Employees (d) Superintendent of Sewage Disposal and necessary employees CONSOLIDATED-sALINA 1 1 (e) Refuse Department 3. Department of Public Health (a) City—County Health Department 4. Department of Safety (a) Police Department (1) Chief of Police (2) Necessary Captains, Sergeants and Other Officers and Employees Re.: Police Department, Chap. __=, Art. (b) Fire Department 0 ) Fire Chief or Chief of the Fire Department (2) Necessary Assistant Chiefs, Officers and Employees Ref.: Fire Department, Chap. _77 , Art. I (c) Building Department (1) Building Official and necessary Assistants and Employees. The Building Official shall have general supervision of all inspectors and employees of the Building Department. (2) Plumbing Inspector and necessary Assistants and Employees (3) Electrical Inspector and necessary Assistants and Employees (4) Gas Fitting Inspector and necessary Assistants and Employees Ref.: As License Inspector for taxicabs, see Sec. /- /0 radio interference, Sec. /�. smoke, Sec. 5. Department of Finance (a) Director of Finances (b) City Clerk (c) City Treasurer (d) Necessary Clerks and Employees b. Department of Waterworks (a) Superintendent (City Manager may act as Superintendent) (b) Cashier (c) Necessary Employees The duties of the officers, boards and employees shall be as provided by this code, other ordinances, and the laws of the State of Kansas and as specified by the directors of departments, department heads and the City Manager. (R. O. 1948, 1-302) CONSOLMATED-SALINA 1 2-303. Department of Law. The Department of Law is created for the administration of the legal affairs of the city. (a) Dui of Cid Attorney, The City Attorney shall appear and prosecute or defend all cases wherein the city is a party in all courts; represent the city before state officers, boards, commissions and departments; shall draft all ordinances, contracts, agreements, etc.; attend all meetings of the Board of Commissioners; advise the City Commissioners, the Manager and officers of the city upon legal questions affecting the duties of their offices or the interest of the city as may be submitted to him, and perform other professional services incident to his office: &Qyjxjzrd,, That business and court cases outside of Saline County and cases in the District Court of Saline County except on appeal from the Police Court, shall not be considered as duties herein insofar as regular salary is concerned but the compensation for such duties shall be as determined by resolution or ordinance from time to time. No person shall be eligible to the office of City Attorney who is not by profession an attorney at law admitted to practice before the Supreme Court of the State of Kansas. (b) Duty cif AmIsta n -t City �ttott�e ` The Assistant City Attorneys sha l I assist the City Attorney and as directed by him. In the absence of the City Attorney from the city, an Assistant City Attorney shall perform the duties of the City Attorney. They shall be attorneys admitted to practice before the Supreme Court of the State of Kansas. The City Attorney shall assign the duties and desig- nate classification for salary purposes. (c) Duty_of Poli._ce Jvdgg_. The Police Judge shall possess and exercise all the power and perform all the duties as conferred and defined by law. (R. O. 1948, 1-303) 2-304. Department of Service. The Department of Service is created for the administration of affairs relative to public improvements, streets, alleys, sewers, parks, refuse and sewage disposal plant. (a) DutXQf Enaingtr, The City Engineer shall be a professional engineer as provided by Chapter 26a, 1959 Supp. He shall prepare plans, specifications and estimates for and superintend the construction of all public improvements, and do all surveying and engineering, except when specifically otherwise provided by contract, resolution or ordinance. He shall keep the Manager and the Commission informed as to the progress of any improvement, and shall keep the Manager and Commission advised upon engineering problems confronting the city; advise the Manager and Commission regarding the use of streets by utilities; and perform such other duties as may be desig- nated by the City Manager. CONSOLIDATED -SALIVA 1 1 11 NOTE: Survey made by City Engineer is evidence in court, but is not conclusive. G. S. 19-1414; Hammond v. City of Ottawa, 127 Kan. 874. (b) Super'LtenA.trntof tLeg14FD-ufigA- The Superintendent of Streets shall have charge of and direct the work of all laborers, equipment and use of material engaged in working on the streets and alleys of the city and all such employees shall be under the immediate direction of said Superintendent. It shall be his general duty to keep the streets, alleys, sidewalks, bridges, viaducts, gutters, storm water sewers and culverts clean and in good repair. He shall keep a complete and accurate account of all laborers, equipment and material employed or used in his department, and an itemized statement of the cost thereof, each month, and shall each month present to the City Manager an accurate report showing the information as required by the City Manager and preserve an itemized statement of the property in his possession belonging to the city. Ref.: Weeds, see Chap.% Art. -4- (c) SvperLnten lg ofParks The Superintendent of Parks shall have general supervision over the parks, parkways and boulevards belonging to the City of Salina, and shall supervise and direct all employees for such purposes. $g„f.: House Moving, see Sec..?,- 6. (d) Refuse collection and disposal as hereinafter provided. (e) $42erintendtrLtQf $,�-w-ag-e- Di4pQoJ- The Superintendent ofS.ewage Disposal shall have general charge of the sewage disposal plant and sewage pumping stations. (R. O. 1948, 1-304) 2-305. Department of Public Health, The City of Salina and the County of Saline having established a joint City -County Board of Health, the appointment of the Board, officers and employees, their powers and duties shall be as prescribed by the joint resolution, bylaN/ and duties as pre- scribed by ordinance. Rgf.: See Chap. . Health, wherein is set out the resolution. MeG Member Health Department on Plumber's Examining Board, Sec.7-74? c. -70, 2-306. Department of Safety.The Department of Safety is created for the protection of the lives and property of the citizens of the city and of strangers who may be sojourning therein. (a) Police DQpartmarlt- The Police Department shall be under the supervision of the Chief of Police, and shall perform such duties as are imposed upon it by law and ordinance. Ref.: Police Department, Chap.2=, Art. -L-. (b) Fire D-epart=nL The Fire Department shall be under the supervision of the Fire Chief, and shall perform such duties as are imposed upon it by law and ordinance. _.Ref,.: Fire Department, Chap. Z7 , Art. L. CONSOLIDATED -SALIVA 1 1 1 (c) Buj1dJnQ_DepaVmgnt, The Inspectors shall perform such duties as are imposed upon them by ordinance and required by the City Manager. (R. O. 1948, 1-306) R&L. Building Inspector, Chap.�, Art. -,2,- Electrical Inspector, Chap,,', Art. ; Plumbing Inspector, Chap. -=,Art.; Gas Fitting Inspector, a +a • 1= 2-307. Department of Finance. The Department of Finance is created for the purpose of having general control over the financial affairs of the city. (a) T%Direct r9.f FLrLccg-t. The Director of Finances shall be inchargeof the Department. He shall issue all warrants, or combined warrant -checks when appropriations have been made by the Commission. (G. S. 12-1016) (b) Q1Lt1_s_of C!t_C1?rk_ (1) Ggnuglly_ The City Clerk shall attend all meetings of the Board of Commissioners, keep a true record of its proceedings, and also keep a record of all his official acts, and when necessary shall attest them. He shall also keep and preserve in his office the Corporate Seal of the city, all records, public papers and documents of the city not belonging to any other officer. He shall be authorized to administer oaths; and the copies of all papers filed in his office, and transcript from the records of the proceedings of the Commission, including ordinances duly certified by him under the Corporate Seal of the city, shall be taken as evidence in all courts of the state without further proof. He shall register all voters in the city as provided by law. He shall collect and pay all fees pertaining to his office, or which are required to be paid to him as City Clerk, as provided in any of the ordinances of the City of Salina, into the City Treasury, taking the Treasurer's receipt therefor. Whenever any ordinance or section thereof shall have been heretofore or shall be hereafter repealed, it shall be the duty of the City Clerk to write or stamp on the face of the record of said ordinance or section thereof, in the original ordinance books of the City of Salina, and upon the face of the original ordinance or section thereof on file in his office, the word "Repealed" together with a notation of the number and date of passage of the ordinance repealing such ordinance or section. The City Clerk shall keep both a numerical and an alphabetical index of all ordinances passed by the Board of Commissioners and shall note thereon the repeal of any such ordinance or section thereof. Whenever any paper of any kind entitled or required to be filed with the City Clerk, is presented to him for filing, the Clerk shall, at the time of the reception thereof write or stamp CONSOLMATEDSA NA J 1 11 thereon the word "Filed" together with the date of reception and the name of the Clerk. The City Clerk shall perform such other and further duties as may be required by law or which may be directed at any time by the City Manager. All acts required to be performed by the Clerk hereunder or by any other ordinance shall be performed by such Clerk or by his Deputy or Assistant under his direction. (2) A dtiona_1 D_vtLs, He shall keep the proper account books belonging to his office, and keep a special and distinct account of moneys or other property received by said Treasurer, number all orders issued on the Treasury for the payment of money and keep a record of the date of the issue of said order, the name of the person to whom issued, the amount and number of the same, and the date of the cancellation or payment of the same. He shall keep an ordinance book to be furnished by said city, in which he shall enter at length, in a plain and distinct handwriting or typewriting, every ordinance enacted for said city immediately after its passage, and he shall append thereto a note stating the date of its passage, the page of the journal containing the record of the final vote on its passage, and also the name of the newspaper in which said ordinance was published, and the date of such publication and affix the seal of said city thereto, and in connection with the Mayor attest the same. (G. S. 13-1422) (3) Pqy_Over Monte. It shall be the duty of said Clerk or Director of Finance to pay over all moneys that may come into their hands as such Clerk or Director of Finance as required by law or ordinance, and shall deliver to their successor in office all the books, records, papers and other things belonging to their office. (4) Orders and Drafts. He shall keep an accurate record of all orders in a book to be provided for that purpose. (5) 5peac1a1 Mt�ting_s In case of special meetings, the call and the object, as well as the action of the Board thereon, shall be entered upon the journal by the Clerk. (G. S. 13-2008) (6) Re A pQ. tmesab_ The City Clerk shall enter every appointment of office and the date thereof on the journal. (7) Cu_�todian of RecordA_ He shall be the custodian of all city records except such as are required to be kept by other officers, and shall file all papers and records, which shall at all reasonable times be open to public inspection. (8) B��RkoQrd, He shall keep a full and accurate account of all bonds issued by the city, recording them in a book -by date, number, amount of each, to whom payable, where payable, date of maturity and when cancelled. (G. S. 10-107, 10-111 ) CONSOLIDATED-SALINA 1 U (9) Special A$els-Dent ana Tgxes. He shal I keep a record of special assessments and certify the same and all taxes to the County Clerk in the manner provided by law. (G. S. 10-114) (10) Dther Dut es He shall perform such other and further duties as may be prescribed by state law or ordinances of the city. (c) Treasurer_ DutLes. (1) The City Treasurer shall receive and keep all money belonging to said city, and pay out the same on warrants or warrant -checks issued by the Director of Finances and Countersigned by the City Manager., All moneys belonging to such city and received by any officer or agent thereof, from collections, fines, or any other source whatsoever, shall be by him deposited with the City Treasurer daily. For all moneys received the City Treasurer shall give duplicate receipts in all cases, one to the party paying the said money into the Treasury and one to the Director of Finances. All persons charged with the collection of any money under ordinances of the city or so provided by law, shall promptly pay the same over to the Treasurer, under such penalty as may be prescribed by ordinance, and shall forthwith hand the Treasurer's receipt to the Director of Finances who shall countersign the original receipt and retain the duplicate. The party paying shall then hold said original receipt. The City Treasurer shall keep the accounts of the city in such a way that a full statement of the city finances may be made each month. Said Treasurer shall render a full and correct itemized statement of all receipts and payments to the Board of Commissioners at their first regular meeting in each month and at such other times as may be required by said Board or the City Manager. The City Treasurer shall make deposits daily of all such sums of money as shall be received by him from all sources of revenue whatsoever to his credit as Treasurer of such city, in one or more banks, as provided by ordinance. No funds shall be paid out by said Treasurer except by check or draft upon such bank or banks, and all checks or drafts drawn by said Treasurer on such bank or banks shall be countersigned by the Director of Finances who shall keep an accurate record of each check or draft so countersigned by him: CL4vided, That a combination warrant and check may be used as authorized by G. S. 10-801. Said Treasurer shall also keep a separate account of each fund, and shall credit each account with the funds received therefor, and charge each account with the amount legally paid out therefrom; and no money shall be paid out of any one fund for any object or purpose other than that for which the fund was created. (G. S. 13-2107, 12-1016) (2) QeV_ositorLes. After the Governing Body has properly designated a depository or depositories, and such depositories have qualified by giving the security required by statute, he CONSOLIDATED-SALINA 1 1 1 shall deposit daily all money coming into his hands as Treasurer in such depositories so long as such depositories are qualified and shall pay out money only in the manner provided by law. (3) ICegpjng of Rgeors� Iner��n�Se�tlgme�t�, The City Treasurer shall keep his books and accounts in regular system as required by statute, and such books and accounts shall at all reasonable times be open to the inspection of the City Manager, Mayor, City Clerk, City Attorney or any Commissioner. (4) Dees Ua�der-Ca.,,h Beii-i-A-ts He shall not knowingly pay any order, warrant, check or other evidence of indebtedness out of the Treasury of the city in excess of the amount of funds actually on hand in the Treasury at the time for such purpose, unless otherwise provided in the "cash basis act" (Art. 11, Ch. .10, General Statutes). He shall keep a record of the amount of money on hand in the Treasury, which record shall show at all times the amount of money in each particular fund, and each order, warrant, check or other evidence of indebtedness, drawn on the Treasury and paid, giving the date of payment. He shall, upon the request of any member of the Board of Commissioners or at the request of any taxpayer of the city or at the request of any person desiring to contract with the city or who has a claim against the city, exhibit such record to such person or give such person a statement in writing, showing the balances on hand in each of the funds of the city. (G. S. 10-1118) (5) The BudgetLaw. No claim, warrant or certificate of indebtedness in any form shall be allowed, issued, approved, attested, registered or paid for any other purposes than that for which the (tax) levy is made, and no part of any fund shall be divertedin any manner whether before or after the distribution of taxes by the County Treasurer to any other purpose than that for which the levy was made except as provided by law. (6) carter F aanc l RtW_rt,. The Treasurer shall publish or cause to be published in the official city paper r within twenty (20) days after the quarter ending in March, June, September and December of each year, a statement showing the total amount received into each fund and the total amount expended from each fund, and the cash balances of each fund at the beginning and close of each quarter: Provided, That such quarterly statement shall show the amount of outstand- ing registered warrants, temporary notes, bonds and all other obligations and liabilities of the city. (G. S. 12-1608) (7) DeJJ.v_er W rrLanfs, Bon&�E.te,,to CLrk, The Treasurer shall on the first Monday of each month deposit in the office of the Clerk all warrants, orders, coupons, bonds and scrip that have been paid and received by him and take the Clerk's receipt. CONSOLIDATED-$ALINA 1 1 1 (8) DeliverL _sEtcs�to S_ULcessor, The Treasurer shall deliver over to his successor in office or to any person authorized by law or ordinance to receive the same, all moneys, books, papers and other things pertaining to his office. (R. O. 1948, 1-307) 2-308. Department f Waterworks. The Waterworks Department shall be under the manage- ment of the City Manager. It shall be operated according to the ordinance regulating the same. (R. O. 1948, 1-308) 2-309. Additional Department The Commission may create and establish additional depart- ments and offices as may be necessary for the purpose of a more efficient administration and as business may demand. When other departments and offices are created and established, the officers in charge shall be appointed by and serve at the pleasure of the City Manager, and the duties to be performed and compensation shall be defined and fixed by ordinance. (R. O. 1948, 1-309) 2-401. Manager May Act in Any Capacity 2-402. Does Not Restrict Offices and Positions 2-403. One Person May Hold More Than One Office 2-404. Manager May Appoint Employees 2-405. Telephone Operators 2-406. Additional Employees 2-401. Manager Mair Act in Any Capacity`: The City Manager may perform the duties of any officer whose office he is qualified to fill and in such cases the appointment or employment of such officer may be dispensed with. (R. O. 1948, 1-401) 2-402. Does Not Restrict Offices and Positions. Nothing herein shall be construed as limiting the number of offices and positions that may be created. Other offices and positions may be created by other ordinances. (R. O. 1948, 1-402) 2-403. One Person May Hold More Than One Office The Manager may appoint one person to hold and perform the duties of more than one office: Prov' a That one person may not hold offices which are incompatible or when such dual holding is prohibited by law. (R. O. 1948, 1-403) 2-404. Manager May Appoint Employees. The Manager shall have power to appoint such assistants and employees in and for the various departments as may be necessary to the efficient CONSOLMAran-SALIMA 1 1 operation of the city's business and remove such assistants and employees at his pleasure. (R. O. 1948, 1-404) 2-405. Telephone Operators The City Manager shall employ such number of telephone operators as may be necessary for the conduct of the affairs of the city but such operators shall not be a part of any department or any department or subdivision within any department or within or subject to any rules or regulations thereof or any ordinances or -statutes pertaining thereto. (R. O. 1948, 1-405) 2-406. Additional Employees The City Manager is hereby authorized to employ such additional employees for the various departments of the City of Salina, as now exist, or are here- inafter created, as may be necessary for the efficient operation of such departments, and whenever it is necessary to employ any person in any department whose wages are not specifically fixed by ordinance, including all common labor, the wages of any such employee shall be such as may be fixed by the City Manager and as may be allowed and paid from time to time by the Board of Commissioners. (R. O. 1948, 1-613) Article 5. Oaths. - 2 -501. Officers' Oath 2-502. Forms; Oaths Filed 2-501. Officers' Oath. All officers of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before entering upon the duties of their respective offices, take and subscribe an oath (or affirmation) as follows: "I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Kansas and faithfully discharge the duties of (Here enter name of office). So help me God." (R. O. 1948, 1-406) NOTE: General authority to require oaths, G. S. 13-420, 13-2904. Form, G. S. 54-106. 2-502. Forms; Oaths Filed. All officers and employees required by law to take and subscribe or file any oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the CONSOLMATSD-sALINA 1 1 same shall be deposited with the City Clerk: Provided, That the oath of the City Clerk required by the preceding section; shall be filed with the City Treasurer. Article 6. Bonds of City Officers and Employees 2-601. Conditions of Bonds 2-602. Sureties; Approval; Filing 2-603. Bonds Given Before Taking Office or Employment 2-604. Bonds to be Kept in Force 2-605. City to Pay Bond Premium 2-606. Ncrt to Affect Bonds in Force 2-607. Bonds Required 2-601. Conditions of Bonds. The bonds of officers, deputies, assistants and employees required to give bond shall be conditioned as required by statute or as otherwise required by ordinance and where no condition is specified by statute or by ordinance, the bond shall be con- ditioned for the faithful performance of duties. (R. O. 1948, 1-501) 2-602. Sureties. Approval.; Filing. The bonds shall be surety company bonds unless other- wise provided by statute or ordinance, shall be approved as to form by the City Attorney and be approved by the Board of Commissioners and shall be filed with the City Clerk, except that the City Clerk's bond shall be filed with the City Treasurer. (R. O. 1948, 1-502) 2-603. Bonds Given Before Taking Office or Employment. No person shall perform any of the duties of the office or employment to which he is appointed without first having given the bond as required and after its approval, and the giving of a bond, if a bond is required, shall be considered as one of the qualifications necessary to be met in qualifying for office. (R. O. 1948, 1-503) 2-604. Bonds to be Kept in Force. No person shall continue to perform the duties of any office or employment for which a bond is required after the bond has expired or has been cancelled or for other reason is not in effect. (R. O. 1948, 1-504) 2-605. City to Pay Bond Premium. The premium of any licensed company on the bond of any officer, deputy or employee shall be allowed and paid by the City of Salina. (R. O. 1948, 1-505; G. S. 78-111) CONSOLIDATED-SALINA 1 J 1 2-606. Not to Affect Bonds in Force No bond of any officer or employee when in force at the time this code shall take effect shall be affected: Provided, That if a bond in a greater amount is required, the officer or employee is hereby ordered to increase the amount of bond to meet the amount required. (R. O. 1948, 1-506) 2-607. Bonds Required The following officers and employees shall give bond in the following amounts and conditioned as stated: (a) City Manager . . . . . . . . . . . . . . . . . . $5,000; (b) Superintendent of Department of Waterworks . . . . . . . .$5,000; (c) Where one person is City Manager and ex officio Superintendent of Waterworks Department, one bond in the sum of . . . . . . . . . . .$5,000; I (G. S. 12-1013, 13-2402) (d) Director of Finances . . . . . . . . . . . . . . . . $5,000; (e) City Clerk . . . . . . . . . . . . . . . . . . .$5 000• (f) In the event one person holds the offices of Director of Finance and City Clerk, only one bond shall be required in the sum of , . .$5,000; (g) City Treasurer, not less than Fifty Thousand Dollars ($50,000). Such bond shall be conditioned for the faithful discharge of his duties; that he will safely keep all public moneys entrusted to his care, and save the City of Salina free and harmless from all loss caused by neglect of duty or malfeasance in office. The Board of Commissioners shall require the Treasurer to give a new bond whenever, in their opinion, the existing bond is insufficient; and whenever such new bond is required, he shall perform no official act until such bond shall be given and approved in the manner aforesaid. (G. S. 13-2107) (h) Cashier of the Water Department, Five Thousand Dollars ($5,000). Such bond will be conditioned for the faithful performance of his duties and for a true and faithful accounting for all moneys that may come into his hand by reason of his position. (R. O. 1948, 1-507; G. S. 13-2403) Ref.: Electrical Inspector, Sec. 7 Sal. CONSOLIDATED-SALINA J 1 Article 7 Seal of the City of Salina 2-701. Seal 2-701. SXgj,. The seal of the City of Salina is and shall be as herein described: Two concentric circles between which are the words "Seal of the City of Salina, Kansas," and within the inner circle of which are the word "Organized" and the numeral "1870." (R. O. 1948, 1-701; G. S. 12-101) Ref.: Seal is kept by City Clerk, Sec.2" 307 Article 8. Old City Records 2-801. Destruction of Old City Records 2-802. Records to be Preserved 2-803. Decision of Board of Commissioners; Minutes 2-804. Records to be Photographed 2-805. File of Photographs; Destruction of Original Records Ref.: G. S. 12-120 through 12-124. 2-801. Destruction of Old City Records. The officials, officers and employees of the city charged with the custody or having in their custody the following records, documents or other papers may, subject to the provisions of Section 2-803 of this article, destroy the same after they have been on file for the period stated: (a) Claims (and the purchase orders thereto attached) presented and allowed by the Governing Body of the city or the Board, Commission, Department, Bureau or Officer authorized to allow such claims, fifteen (15) years. (b) Warrants or warrant checks, whether originals or duplicates, that have been stamped or marked paid as provided by law, seven (7) years. (c) Duplicate of receipts or stubs of receipts issued, seven (7) years. (d) Duplicates of utility bills sent to customers, seven (7) years. (e) Bookkeeping or accounting records of utility customer's accounts, fifteen (15) years, except that the period for the records of deposits to guarantee the payment of bills or the return of meters shall begin when the account is closed or the customer ceases to receive service. CONSOLIDATED -SALIVA 1 1 1 (f) Duplicates or stubs of licenses issued for license fees or occupation taxes, seven (7) years. (g) Bonds of officials, officers or employees, fifteen (15) years, the period to begin at the date of the termination of the term of employment. (h) Insurance policies, five (5) years, the period beginning at expiration of the policy unless a rate case is pending. (i) Canceled checks, seven (7) years. (j) Requisition and duplicate purchase orders, seven (7) years. (k) Bonds and coupons stamped paid or canceled and returned by the state fiscal agent, seven (7) years, the period beginning at the date of maturity of the bond or coupon. 2-802. Records to be Preserved. Nothing in the preceding section shall,/be deemed to apply to records, documents or papers not specifically mentioned nor to authorize the destruction of records, documents or papers which in their nature should be preserved permanently, nor to prohibit destruction of records, documents or papers obviously of only temporary value after a reasonable time. 2-803. Decision of Board of Commissioners; Minutes. Before destroying any records, papers or documents specifically mentioned herein, the official, officer or employee in charge with the custody of the same, shall present the question of the advisability of ordering such destruction to the Board of Commissioners for its action thereon. The City Clerk shall keep suitable minutes of any such matter before the Commission describing as near as may be the records, documents and papers to be destroyed and a minute of the final destruction of the same. 2-804. Records to be PhotoaraoThed. The City Commission may cause any or all records, documents or papers to be photographed, microphotographed or reproduced on film. Such photo- graphic film shall comply with the minimum standards of quality approved for permanent photo- graphic records by the National Bureau of Standards and the device used to reproduce such records on such film shall be one which accurately reproduces the original thereof in all details. 2-805. File of Photographs; Destruction of Original Records. Whenever such photographs, microphotographs,. or reproductions on film shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the custodial officer may, with the approval of the City Commission cause the originals from which the photographs or microphotographs have been made or any part thereof to be deposited in a safe place if the same are of permanent value or destroyed if not of permanent va I ue . CONSOLIDATED-SALINA 1 Article 9. Personnel Generally 2-901. Personnel Policies 2-902. Vacations 2-903. Holidays 2-904. Leaves of Absence 2-905. Emergency Leave 2-906. American Citizen; City Residence 2-907. Ten -Step Salary Schedule 2-908. Salaries of Officers of City Court 2-901. Personnel Policies. (a) Hours of Work. The work hours of all employees will be established by each department with the approval of the City Manager. Employees paid by the month will not be allowed additional pay or additional leave for overtime work except upon specific approval of the City Manager. (b) Personnel Records. Personnel records for city employees will be maintained in the City Clerk's office for all city employees. All transfer, promotion, dismissal or resign- ment and new employee`s applications and appointments shall be turned in immediately to the City Clerk's office. 2-902. Vacations. All regular full time employees of the city who are paid on a monthly rate who have worked for the city one (1) year or more shall be entitled to two (2) calendar weeks vacation with pay during each calendar year. All regular full time employees of the city who are paid on an hourly rate and who have worked for the city one (1) year or more shall be entitled to one (1) calendar week of vacation with pay during each calendar year. When such employee has worked for the city five (5) years, he shall be entitled to two (2) calendar weeks vacation with pay during each calendar year. Regular full time employees who have been in the city service one (1) year or more are entitled to vacation pay when leaving the service. This vacation pay is computed as follows: (1) For employees entitled to two (2) weeks I regular vacation a year, one day's pay for each full month of service during the calendar year in which separation took place. (2) For employees entitled to one (1) week's regular vacation a year, one-half day's pay for each full month of service during the calendar year in which separation took place. This vacation pay or separation will not be paid if current vacation leave has been used. All vacation leaves must be approved by the department head and City Manager. Leave of Absence Without_Pay. The City Manager must grant leave of absence without pay where unusual circumstances warrant such leave. 2-903. Holidays. The following days shall be considered legal holidays, except for those employees whose tour of duty requaes work on those days: (a) January 1, New Year's Day; (b) February 22, Washington's Birthday; C O*I SOLIDATED-SALI V A (c) May 30, Memorial Day; (d) July 4, Independence Day; (e) First Monday in September, Labor Day; (f) November 11, Veteran's Day; (g) Fourth Thursday in November, Thanksgiving Day; (h) December 25, Christmas Day. When one of the above legal holidays falls on a Sunday, the following Monday shall be observed as the holiday. 2-904. Leaves of Absence. Sick Leave. All regular full time employees of the city shall be allowed sick leave with pay which shall accrue at the rate of one day of leave for each calendar month of the employee's service, and the leave may be accumulated up to a maximum of ninety (90) days. Sick leave used shall be deducted from the accrued leave. An employee eligible for sick leave with pay shall be: granted such leave fors (1) Personal illness or physical incapacity; (2) Enforced quarantine of the employee; (3) Sickness in the immediate family when the leave is approved by the department head or the City Manager; (4) Death of a member of the immediate family. In case of sickness, the employee must notify his department head or city office each day he cannot report for work. If the absence is more than three (3) days, a certificate from a doctor stating that the employee is unable to work must be obtained and filed with the employee's department head. 2-905. Emergency Leave. In case of death in his immediate family, a regular full time employee paid on a monthly or an annual basis may be granted leave of absence with pay for a period not to exceed three (3) days. "Immediate family" is defined as wife, child, brother, sister or parent. 2-906. American Citizen: City Residence. All employees of the city shall be citizens of the United States or shall have declared before a competent court their intention of becoming citizens of the United States, and shall reside in the city limits, with the exception that such persons heretofore employed now residing outside the city limits may continue to reside at such present address: Provided, That a presently employed city employee who shall move to a point outside of the existing city limits shall be dismissed from the service of the city. CONSOLIDATED-SALINA 1 2-907. TenwStep Salary Schedule. All salaries paid to officers and employees of the city shall be fixed by reference to the following ten -step salary schedule, which is hereby adopted for such purposes: Schedule STEPS No. A B C D E F G H I J 1 100 105 110 115 120 125 130 135 140 145 2 150 155 160 165 170 175 180 185 190 195 3 200 205 210 215 220 225 230 235 240 245 I 4 250 255 260 265 270 275 280 285 290 295 5 300 305 310 315 320 325 330 335 340 345 6 350 355 360 365 370 375 380 385 390 395 7 400 405 410 415 420 425 430 435 440 445 8 450 455 460 465 470 475 480 485 490 495 9 500 505 510 515 520 525 530 535 540 545 10 550 555 560 565 570 575 580 585 590 595 11 600 605 610 615 620 625 630 635 640 645 12 650 655 660 665 670 675 680 685 690 695 13 700 705 710 715 720 725 730 735 740 745 14 750 755 760 765 770 775 780 785 790 795 15 800 805 810 815 820 825 830 835 840 845 16 850 855 860 865 870 875 880 885 890 895 17 900 905 910 915 920 925 930 935 940 945 18 950 955 960 965 970 975 980 985 990 995 19 1,000 1,005 1,010 1,015- 1,020 1,025 1,030 1,035 1,040 1,045 20 per hr.1.00 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 21 per hr.1.50 1.55 1.60 1.65 1.70 1.75 1.80 1.85 1.90 1.95 Explanation of Schedule. The various columns in the ten -step salary schedule are explained as follows: (a) Schedule—Numbers. The column headed "Schedule No." contains a list of schedule numbers assigned to the various offices and employements in the city's employment service. (b) Stems. The columns headed with the letters "A" to "J" contain the monthly and hourly rates applicable to each office or employment. The normal initial compensation of each office or employment is set forth in column A. Advancements in salary are set forth in columns "B" to "J". Assignment—of Schedule—Number. Each office or employment in the city's employment service, the salary of.which is to be fixed by reference to the salary schedule adopted CONSOLIDATED-SALINA 1 by this section, shall be assigned a schedule number in accordance with the normal initial compensation of such office or employment as shown in Step "A". Initial Salary. The initial compensation to be paid for employment in any office or employment, the salary of which is fixed by reference to the salary schedule adopted by this section, shall be Step "A", except that: (a) The Commission or the City Manager may recruit personnel at a step higher than Step "A" should it be found that it is impracticable to obtain qualified personnel for such position at Step "A". (b) Salaries of appointees to temporary or part time employment shall be fixed by the City Manager with the approval of the Commission. (c) When an officer or employee is advanced from one title to another, the officer or employee is to be advanced to the next higher salary, and the seniority held in the title and step from which he is advanced is to be carried forward to the new title. The step by which seniority is carried forward is not to exceed twel�e'(12):maanths. 2-908. Saj,aiiak of Officers of_CTitX Court. (a) Judge of the City Court . . . . . . . . . . . . . . $550 per month; (b) Clerk of the City Court . . . . . . . . . . . . . . $350 per month; (c) Marshal of the City Court . . . . . . . . . . . . . $350 per monthi (Ord. 6354, Sec. 1, 7-14-59) CONSOLIDATED-SALINA 1 1 CHAPTER III. AIRPORT Article 1. Airport Article 1. Airport 3-101. Definition of Terms 3-102. Police Power Extended Over Airport 3-103. Use of Airport 3-104. Agreements for Use of Airport 3-105. Manager of Airport 3-106. Penalty 3-101. Definitions of Terms. As used in this chapter, the following terms shall mean: (a) The term "aircraft" means any machine or contrivance, except parachutes, used for exhibition purposes or for carrying persons or property, propelled through the air and controlled by man, regardless of how propelled or controlled. (b) The term "public aircraft" means an aircraft used exclusively in the govern- mental service of the United States or of any state or territory thereof. (c) The term "civil aircraft" means any aircraft other than a public aircraft, and the word "aircraft" as used in this chapter shall be deemed to refer to "civil aircraft" unless otherwise specifically stated. (d) The term "pilot" means any person licensed as required by the laws of Kansas to operate aircraft. (e) The term "airman" means any individual (including the person in command/any pilot, mechanic or member of the crew) who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling or repairing of aircraft. (f) The term "person" means an individual, partnership, or two or more individuals having a joint or common interest, or a corporation. (g) The term "navigate" means to float or sail throughthe air by means of aircraft including ground maneuvers therefor. (h) The term "solo stage" means that point inthe course of flying instruction, where a student undertakes to pilot aircraft alone. (i) The term "flight" shall include every kind of locomotion by aircraft. (j) The term "limits of the city" means the land within, or the air above the land within, the geographical boundaries of the City of Salina as now or hereafter defined, and the Salina Municipal Airport and above the same. CONSOLIDATED-SALINA 1 1 1 (k) "The Salina Municipal Airport" shall be deemed to refer to the airport owned by the City of Salina, acquired by said city as provided by law, and being the east half of the Northwest Quarter, the west half of the Northeast Quarter and the west half of the Southeast Quarter of Section Twenty (20), Township Fourteen (14) South, Range Two (2) West of the 6th p.m. in Saline County, Kansas, and a parcel of land beginning at a point on the line common to Sections Twenty (20) and Twenty-nine (29) of Township Fourteen (14) South, Range Two (2) West of the 6th p.m., Saline County, Kansas, to which has been assigned a bearing of due East, 421 feet easterly from the Quarter corner common to Sections Twenty (20) and Twenty-nine (29); thence South twenty-five (25) minutes West, one thousand five hundred (1,500) feet; thence East parallel to the section line one thousand (1,000) feet; thence North twenty-five (25) minutes East one thousand five hundred (1,500) feet to a point on the said section line; thence West one thousand (1,000) feet along the line common to Sections Twenty (20) and Twenty-nine (29) one thousand (1,000) feet to the place of beginning, containing thirty-five (35) acres, more or less, and any other land hereafter acquired by said city to add thereto, and a clear zone easement beginning at a point on a line common to Sections Twenty (20) and Twenty-nine (29), Township Fourteen (14) South, Range Two (2) 'West of the 6th p.m., Saline County, Kansas, to which has been assigned a bearing of due East, four hundred twenty-one (421) feet easterly from the Quarter corner common to Sections Twenty (20) and Twenty-nine (29); thence South twenty-five (25) minutes, one thousand five hundred (1°500) feet to the point of beginning. Beginning at this point thence South twenty-five (25) minutes West, two thousand one hundred (2,100) feet; thence east parallel to the section line one thousand (1,000) feet; thence North twenty-five (25) minutes East, two thousand one hundred (2,100) feet; thence west one thousand (1,000) feet to the point of beginning, containing forty-nine (49) acres more or less, and a clear zone easement beginning at a point on the line common to Sections Seventeen (17) and Twenty (20) of Township Fourteen (14) South, Range Two (2) West of the 6th p.m., Saline County, Kansas, to which has been assigned a bearing of due East three hundred fifty-four and four tenths (354.4) feet from the Quarter corner common to Sections Seventeen (17) and Twenty (20); thence east along said section line one thousand (1,000) feet; thence North nine (9) minutes East, two thousand five hundred thirteen (2,513)feet; thence West one thousand (1,000) feet; thence South nine (9) minutes West to the point of beginning, containing fifty- eight (58) acres, more or less, and the word "airport" shall be deemed to refer to the Salina Municipal Airport unless otherwise specifically stated. (R. 0. 1948, 2-101) CONSQLIDATED-SALINA 1 3-102. Police Power Extended Over Airport. (a) The police power of the City of Salina is hereby extended to include: (1) The east half of the Northwest Quarter; (2) The west half of the Northeast Quarter; (3) The west half of the Southeast Quarter; All in Section Twenty (20) Township Fourteen (14) South, Range Two (2) West of the 6th p.m. in Saline County, Kansas, and a parcel of land beginning at a point on the line common to Sections Twenty (20) and Twenty-nine (29) of Township Fourteen (14) South, Range Two (2) West of the 6th p.m., Saline County, Kansas, to which has been assigned a bearing of due East, four hundred twenty-one (421) feet easterly from the Quarter corner common to Sections Twenty (20) and Twenty-nine (29); thence South twenty-five (25) minutes West, one thousand five hundred (1,500) feet; thence East I parallel to the section line one thousand (1,000) feet; thence North twenty-five i (25) minutes East, one thousand five hundred (1,500) feet to a point on the said section line; thence West, one thousand (1,004) feet along the line common to Sections Twenty ( 20 ) and Twenty-nine (29) one thousand (1 000) feet to the place of beginning, containing thirty-five (35) acres, more or less, excluding therefrom, nevertheless, the duly established county roads located on each the northerly and southerly portions of said lands. (b) The lands aforesaid, less said exclusion, shall be deemed to be a part of the corporate limits of said city. (c) All general ordinances of the city are hereby declared to be applicable to said portions of said airport. (Ord. 5989, Sec. 1, 9-9-55) 3-103. Use of Airport. The Salina Municipal Airport may be used for the services of all aircraft and pilots desiring to use the same, subject however, to such regulations not in conflict with the laws of the United States and the State of Kansas, as may be imposed by this chapter or any other ordinance of the city or by the rules and regu- lations adopted by the Board of Commissioners: Provided, That all persons using said airport as a permanent or temporary base for commercial or private flying shall pay to the city as compensation therefor, or for the rental of hangar or storage space thereon, such sum as may be required by the Board of Commissioners. (R. 0. 1948, 2-102) 3-104. Agreements for Use of Airport. The Board of Commissioners may enter into agreements with any person or persons for the use of such airport for temporary or per- manent base for any aircraft owned or operated by any such person for commercial flying C ONSOLIDATED-SALINA 1 1 1 or for the instruction of students in flying or for any other purpose, for such compensation in any case as the Board of Commissioners may deem reasonable and proper, and the Board of Commissioners shall have the right to regulate the charges made to the public by any person using said airport for local commercial flying or air taxi service, and the charges made for instruction in flying by any person using such airport for such purpose, and may prohibit any excessive or exhorbitant charges made by any such persons, and each person who may have heretofore or may hereafter enter into an agreement for the use of such airport or any part -thereof shall abide by all of the provisions of this chapter and of any ordinance hereafter adopted, and shall abide by and shall conform with all of the rules and regulations made and adopted for such airport, and if any such person or any agent, servant, representative or employee of any such person shall violate any of the provisions of any such ordinance, rules or regulations or upon notice and demand shall refuse to comply with the same, such person may thereafter be denied any further use of said airport or any part thereof and any contract or agreement which may be in existence at such time may be automatically revoked and suspended, such penalty to be in addition to any other penalty which may be provided for in this chapter. (R. 0. 1948, 2-111) 3-105. Manager of Airport. The City Manager may be Manager or appoint a Manager of the Salina Municipal Airport and it shall be the duty of the Manager to enforce the provisions of all ordinances and laws relating to said airport and to aircraft using the same and all rules and regulations which may be adopted pursuant to this chapter. Such Manager shall, by virtue of his office, be a special police officer of the City of Salina, and each such special officer, and any other regular or special police officer of the city shall be Authorized and it shall be their duty to enforce all of the provisions of this chapter and any other ordinances or laws relating to said airport or to aircraft using the same and any and all rules and regulations adopted pursuant to this chapter. (R. 0. 1948, 2-112) 3-106. Penalty. If any person shall violate or cause, permit or direct the violation of any of the provisions of this chapter, or any of the rules and regula- tions adopted and in effect pursuant to the provisions of this chapter, or shall fail to do any of the things required to be done by the provisions of -this chapter or of such rules and regulations such person shall, upon conviction thereof, be fined in any sum not exceeding Five Hundred Dollars ($500). or may be imprisoned for a term not exceeding CONSOLIDATED-NALTNA 1 u 1 thirty (30) days, or may be punished by both such fine and imprisonment for each such offense, and each day's violation of any of the provisions of this chapter or of any of such rules and regulations shall be deemed to prohibit the prosecution of any person for more than one offense on the dame day. (R. 0. 1948, 2-114) CONSOLIDATED-$ALINA 1 1 CHAPTER IV. AMUSEMENTS AND RECREATION Article 1. Board of Public Welfare Article 2. Carnivals, Circuses and Tent Shows Article 3. Public Dances Article 4. Pool and Billiard Halls, and Shuffle Boards NOTE: This Chapter relates to the Board of Public Welfare and to those amusement and recreation places the regulations of which specifically mention the Board of Public Welfare. Other places of amusement and recreation may be under the general supervision of the board as indicated in 4-103 and 4-104. Article 1 Board of Public Welfare 4-101. Members; How Selected; Term of Office 4-102. Organization of Board; Bylaws 4-103. Board Serve Without Pay; Regulate Theaters, Dance Halls, Amusements; Issues Permits; Penalty 4-104. Issuance of Permits; Revocation 4-101. Members; How Selected., Term of Office There shall be a Board of Public Welfare consisting of five (5) members elected by the Board of Commissioners from the electors of said city of which two (2) members shall be women and three (3) members men, all or any of whom may be removed by the Board of Commissioners at its pleasure. (R. O. 1948, 1-1301; G. S. 12-1604) 4-102. Organization of Boars; Bylaws. The members of such Board of Public Welfare shall annually elect a president and vice president and shall adopt such bylaws and regulations as they shall deem proper and necessary. (R. O. 1948, 1-1302) 4-103. i•• • ServeWithoutPay.;Regulate Theaters.,Dance Halls., - Permits,; Penalty. Such Board of Public Welfare and the members thereof shall serve without pay and shall have the direct supervision and regulation of theaters, dance halls and other places of public amusement and recreation maintained or conducted for profit, and of all theaters, theatrical entertainments or similar performances, dances, dance halls and other places of public amusement CONSOLIDATED-SALINA 1 1 and recreation maintained or conducted in connection with any business such as restaurants, hotels, drug stores, soft drink parlors or other similar commercial enterprises, which may be maintained and conducted or operated in the City of Salina for profit and it shall be unlawful for any person to maintain or conduct for profit within the City of Salina any theater, public dance hall or other place of public amusement or recreation maintained in connection with any business such as restaurants, hotels, drug stores, soft drink parlors or other similar commercial enterprises, after the election of such Board of Public Welfare without first having received and having from such Board of Public Welfare a permit to maintain and conduct the same, and any person convicted of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding One Hundred Dollars ($100). (R. O. 1948, 1-1303; G. S. 12-1604, 12-1605) 4-104. Issuance of Permits; Revocation Upon application being duly made the said hall Board of Public Welfare shall determine the character of the theater, public dance/or other place of public amusement or recreation for which permit is sought, and if the Board after such investi- gation finds that the same, or the conduct or maintenance of the same, will not be detrimental to the good government of the city or to the preservation of peace and good order, or to the suppression of vice and immorality, or injurious to the health of the inhabitants of the city, it shall issue a permit to -such person allowing him to maintain and conduct such theater, public dance hall, or other place of public amusement or recreation within said city until the first day of June thereafter subject to the power of such Board of Public Welfare to revoke said permit. If said Board, after such investigation, finds that maintenance and conduct of such place will be detrimental to the good government of the city, or the preservation of the peace and good order of the city, or to the suppression of vice or immorality:or detrimental to the health of the inhabitants of the city, such permit shall be denied. Said Board shall have power to at any time revoke such permit, after hear- ing upon five (5) days' notice, and a finding of said Board that the place is being maintained or conducted in a manner detrimental to the good government of the city, or the preservation of the peace and good order of the city, or to the suppression of vice or immorality, or to the health of the inhabitants of the city. (R. O. 1948, 1-1304; G. S. 12-1606) CONSOLIDAT&D-SALINA 1 1 Article 2. Carnivals -,Circuses., Tent Shows 4-201. Definitions 4-202. Gambling Prohibited 4-203. Permits Required 4-204. License Required 4-205. License:Application 4-206. License:Amounts 4-207. License:Not Transferable 4-208. Lewd, Indecent or Obscene Performances Prohibited 4-209. Violation; Penalty 4-201. Definitions. For the purposesof this article: (a) A "circus" shall be deemed to mean that kind of a show or exhibition ordinarily known and advertised as a circus, including the exhibition of wild animals, trained animal acts, and performances by acrobats, aerial performers, trained animals, clowns, etc., and including side shows and exhibitions ordinarily shown in connection with and as a part of circuses, and the term `circus ''shall also include menageries, wildwest shows, dog and pony shows and other similar exhibitions, whether operated along or in connection with circuses having the other features here- inabove mentioned, or similar thereto, and the term "circus" shall also include any street parade shown or operated in the City of Salina and the unloading and/or moving of circus equipment, exhibits and paraphernalia in the city and along or over the streets thereof, in connection with a circus which is shown outside of the city. (b) "Carnivals" shall be deemed to include attractions or amusements in which merry-go-rounds, ferris wheels, riding devices and other amusement devices of a similar nature are used and shall also include, whether operated in connection therewith or separately, other forms of amusements or attractions such as side shows, singing and dancing t'.acts and other exhibitions, attractions, shows or devices of various kinds for the amusement of the public, commonly operated and known as carnivals, or as parts thereof, whether advertised as such or otherwise. (c) "Tent shows" shall be deemed to include theatrical, dramatic or operatic performances, or entertainments, or concerts, whether operated in a tent or in the open, or in any temporary or permanent building or structure unless the same be in a regularly licensed opera house, theater or CONSOLIDATED -SALIVA I 1 1 motion picture theater: Provided, That this section shall not apply to entertainments, concerts or musical, exhibitions given by any church, school, lodge or other society or organization of the City of Salina when the proceeds thereof are exclusively for the benefit of charity or for the benefit of such church, school, lodge or organization, and where no part of such proceeds goes to any private individual or corporation, except in payment of labor actually performed or for property or materials actually furnished for use in connection with such performance, concert or entertain- ment. (R. O. 1948, 13-401) 4-202. Gambling Prohibited- It shall be unlawful for any person, firm, or corporation to operate or conduct or to permit any other person to operate or conduct, or for any person to have in his possession, upon the premises occupied by any such circus, carnival or tent show within the City of Salina, any gambling device or game of chance. (R. O. 1948, 13-402) 4-203. Permits Required. It shall be unlawful for any person, firm or corporation to operate or conduct any such circus, carnival or tent show in the City of Salina, without first having made application to and securing a permit from the Board of Public Welfare of the City of Salina, and without first having complied with all the rules and regulations of such Board of Public Welfare. (R. O. 1948, 13-403) Ref.: Welfare Board, Art. 1. 4-204. License Required No person, firm or corporation shall engage in, pursue, conduct or carry on in the City of Salina, the calling, trade or occupation of conducting or operat- ing a circus,carnival or tent show as in this article defined without first having paid to the City Clerk of the City of Salina the license fee as herein provided for, and without first having secured from the City Clerk a license to conduct or operate the same. (R. O. 1948,13-404) 4-205. License:: Application. Before any license shall be issued, the person, firm or corporation desiring to secure the same shall file with the City Clerk an application in writing setting forth the nature and character of the circus, carnival or tent show for which a license is desired; the name of the owner thereof; the name under which the same is operated, conducted or shown; the permanent address or residence of such owner; the location of the place where the same is to be shown or operated and the date or dates upon which the same is to be shown or operated,- together perated,together with a statement that the applicant will abide by and perform all of the provisions of this r article and of all other ordinances of the City of Salina, and all regulations of the Board of Public Welfare relating thereto, and such application shall be accompanied by the original or duplicate CONSOLIDATED-SALDYA 1 1 1 of the permit issued to such applicant by the Board of Public Welfare. (R. O. 1948, 13-405) Ref.: Welfare Board, Chap. 4, Art. I. 4-206. License: Amount A license fee is hereby levied upon every person, firm or corporation engaging in the pursuit or occupation of operating or conducting any circus, carnival or tent show as herein defined within the City of Salina, which license fee_ shall be paid to the City Clerk at the time the application provided for is filed, in the following amount: (a) For every day upon which any circus is operated within the City of Salina, the sum of Seventy-five Dollars ($75); (b) For every day upon which any carnival is operated within the City of Salina, the sum of Twenty-five Dollars ($25): P ovided" That if only riding devices are operated in connection with such carnival, the license fee shall be Ten Dollars ($10) per day; (c) For every day upon which any tent show is operated within the City of Salina, the sum of Twenty-five Dollars ($25),' PXgyided_" That the license fee. for one or more weeks shall be Sixty Dollars ($60) per week. (R. O. 1948, 13-406) 4-207. License: Not Transferable. Every license tax herein provided for shall be paid by the person, firm or corporation actually operating the circus, carnival or tent show to which such license fee. is applicable', and the payment of any other license fee of any kind paid by any other person shall not be deemed to cover or take the place of any license fee provided for by this article, and no license issued hereunder shall be assignable or transferable. (R. O. 1948, 13-407) 4-208. Lewd, Indecent or Obscene Performances Prohibited. No lewd, indecent or I obscene performance shall be given or sTiown in connection with any circus, tent show or carnival I as herein defined, and any person who shall show or permit the showing of, or who shall engagef in, any such performance shall be deemed guilty of a violation of the provisions of this article. (R. O. 1948, 13-408) 4-209. Violation; Penalty„ Any person, copartnership or corporation, or any agent, employee, representative, member or officer thereof, who shall violate or cause, permit or direct the violation of any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Sixty Dollars ($160) for each offense and each day upon which any such violation occurs or continues, shall be deemed to be a separate offense, but nothing herein contained shall be deemed to prevent the prosecution of any person for the commission of two or more offenses on the same day. (R. O. 1948, 13-409) CONSOLIDATED-$ALINA 1 L 1 Article 3 Public Dances 4-301. Public Dance Defined 4-302. Showing to Board; Certificate 4-303. Clubs, Societies, Etc.; Board Require Showing 4-304. Supervise Public Dances; Permits 4-305. Chairman of Board and Police to be Notified 4-306. Disorderly Conduct; Dance Stopped; No More Permits 4-307. Period of Permit; Revocation 4-308. Dance Supervisor; Authority 4-309. Authority of Chairman Between Meetings 4-310. Unlawful to Give Public Dance Without Permit or After Permit or Certificate Revoked 4-311. Penalty for Violation of Sections 4-301 to 4-310 4-312. Public Dances: License Required 4-313. Public Dances: Requirements 4-314. Public Dances: Applications; Amount of License 4-315. Issuance of License; Revocation 4-316. License Not Assignable or Transferable; Expiration 4-317. Dance on Sunday; Nuisance 4-318. Violations; Penalty Ref.: Duties of Welfare Board, Chap. 4, Art. 1; NOTE: G. S. 13-430. CONSOLIDATED-$ALINA 1 1 1 4-301. Public Dance Defined The term "public dance" as used in this article and in other ordinances of the City of Salina, now or hereafter in effectshall mean any dance to which the public is invited or to which any admission fee is charged under any form or guise whatsoever, whether paid at the dbor, on the floor, or in the form of a subscription or whether paid before or after said dance, under guise of dues or assessments, and where admission is secured by invitation or otherwise, except as hereafter provided; it being the intent of this article to define as a public dance any dance held within the City of Salina at any dance hall or auditorium, except one which may be given by one or more individuals at his or their own expense (as hereinafter limited) and except a dance to which no invited guest is required to pay any admission fee or charge in any guise or at any time, and except one which may be given by a bona fide club, society or other organization, having a permanent membership, and which only the regular bona fide members of such club, society or organization and not to exceed one outside guest of the opposite sex for each member are permitted to attend together with any bona fide guest who may reside outside of the City of Salina: Provided That no charge shall be made for any such guest in any guise or form, and further excepting such other dances as may be specifically provided for herein. (R. O. 1948, 13-601) 4-302. Showing to Boar • Certificate Any dance which is given by any club, society or organization or by five (5) or more individuals is hereby defined to be a public dance until the person or persons in charge thereof shall appear before the Board of Public Welfare and make a satisfactory showing to such Board that the dance to be given is not a public dance as herein defined, in which case said Board may issue to such person or persons or to such society, club or organization a certificate to the effect that no permit is required for the holding of such dance: Pravided,ho,�, gwwerr That such certificate may be revoked at any time by the Board of Public Welfare, and any person or persons securing such a certificate for himself or themselves or for any such club, society or organization who shall, by virtue of such certificate, give a dance, which shall be determined by the Board of Public Welfare, to be a public dance as herein defined, or shall, by virtue thereof, give any dance to which admission is charged in any guise or form, shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided. (R. O. 1948, 13-602) 4-303. Clubs, Societies, Etc.; Board Require Sh -v Ona. No dance shall be deemed to be a club, society or organization dance so as to eliminate the necessity of securing a permit therefor under the provisions of this article, when only the members who attend such dance are required to CONSOLIDATED-SALINA 1 1 1 1 pay an admission or floor fee:. or charge, whether the same is collected in advance, -at the door, on the floor or at any time thereafter, it being the intent of this article to designate as a club, society or organization dance only such dance or dances as may be given by such club, society or organization and paid for out of the funds in the treasury of such organization and to which fund all members are required to contribute equally, whether or not such members attend any dance or dances. The Board of Public Welfare, before issuing any certificate. under the pro- visions of this article, may require any person or persons applying therefor, on behalf of any such club, society or organization, to furnish satisfactory evidence of the nature thereof. (R. O. 1948, 13-603) 4-304. Supervise Public Dances; Permits. In addition to any and all other duties now and hereafter provided by ordinance, it shall be the duty of the Board of Public Welfare to have supervision of all dances as herein defined in the City of Salina. Before any public dance shall be held or before any dance shall be held by any person or persons, club, society or organization, the person or persons giving or holding the same or in charge thereof shall notify the chairman of the Board of Public Welfare of the proposed time and place thereof. If the Board of Public Welfare shall decide that the proposed dance is not a public dance, it shall issue a certificate provided in the preceding section hereof, but if it shall decide that the dance is a public dance, it may, if it deems the applicant or applicants for such permit to be of a good moral character and entitled to receive the same, issue a permit for such dance upon the payment to it of a sum of Three Dollars ($3), which shall cover the expense of a supervisor to attend such dance if the Board of Public Welfare deems such supervisor necessary, and the Board on issuing such permits shall notify the City Clerk, who shall issue no license until such permit is granted. (R. O. 1948, 13-604) 4-305. Chairman of Board and Police to be Notified. Every owner, lessee or person in charge of any dance hall in the City of Salina, or of any other room or place in the city where any dance shall be held, shall notify the chairman of the Board of Public Welfare and the Chief of Police not later than twelve (12) o'clock noon of the day on which any dance is to be held in such dance hall or other place of the time, place and name of the person or persons, club, society or organization proposing to use such hall or other place for any such dance, and no such person shall permit any dance to be held in any such hall unless there shall be exhibited to him a permit therefor or a certificate showing that such permit is not required. (R. O. 1948, 13-605) CONSOLIDATED-SALINA 1 1 1 4-306. _Disorderly Conduct; Dance Stopped; No More Permits If, at any dance given by any person or persons, club, society or organization, the persons attending shall be disorderly or shall be guilty of any unbecoming conduct or shall be found to be violating any of the laws or ordinances of the State of Kansas or the City of Salina, any such person may be removed or any such dance may be ordered stopped by any supervisor appointed by the Board of Public Welfare, or by any regular police officer of the city, and if the Board of Public Welfare shall be satisfied that any such conduct or violation has taken place, such Board of Public Welfare may thereafter refuse to grant any certificate or any permit as provided for in this article to any such person or persons, club, society or organization. (R. O. 1948, 13-606) 4-307. Period of Permit; Revocation The permit and certificate herein provided for may be issued for one or more dances or for a designated period of time to be designated plainly on the face of such permit or certificate, and shall be revocable at any time with or without notice by the Board of Public Welfare. (R. O. 1948, 13-607) 4-308. Dance Supervisor; Authority. The Board of Public Welfare shall have authority to designate any suitable person, satisfactory to the City Manager, who, when approved by the City Manager, shall be commissioned as a special police officer, to act as the supervisor at any dance for which a permit is issued when the Board of Public Welfare may deem it necessary to have such a supervisor present at such dance. Such supervisor, and any police officer of the city shall have authority to attend any such dance, remove therefrom any person or persons guilty of dis- orderly conduct or any misconduct or any intoxicated person, and to arrest any person found to be engaged in the violation of any law or ordinance. (R. O. 1948, 13-608) 4-309. Authority of Chairman Between MAA+ gs_ The chairman, or acting chairman of the Board of Public Welfare shall have authority to do any of the acts as herein provided for and all authority herein conferred upon the Board of Public Welfare shall be vested in the chairman or act- ing chairman of such Board at all times between the regular or special session of such Board. (R. O. 1948, 13-609) I. • FUM -9300012 0=1=1111101 u • - u - • - • Revoked. It shall be unlawful for any person, either individually or as the officer, director or member of any club, society or organization to give or permit the giving or holding of any dance for which any admission charge is made or collected under any guise whatsoever, without first securing a permit as required herein, or to give or hold any such dance after any such permit or any CONSOLIDATED -SALIVA 1 certificate as herein provided may be revoked, or after any dance has been ordered stopped or discon- tinued as herein provided for. (R. O. 1948, 13-610) 4-311. Penalty for Violation of Sections 4-301 to 4 310. Any person who shall violate in any manner, or connive or conspire with another to violate the provisions of Sections 4-301 to 4-310, both sections inclusive, of this article or who shall in any manner permit or aid in the violation of the said sections shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Five Dollars ($5) nor more than Fifty Dollars ($50) for each offense. (R. O. 1948, 13-611) 4-312. Public Dances: License Required It shall be unlawful for any person, persons, club, society or organization or the members, officers or directors thereof to conduct or operate any public dance as now or hereafter defined by ordinance, or any dance hall or room or other place where public dancing is permitted in connection with the serving of food or drinks, whether or not any charge is made for such dancing in addition to the charge made for food and drinks served in any such place, which for the purposes of this article and other ordinances of the city shall be deemed a public dance hall, without complying with all the rules, regulations and requirements now or hereafter provided for by ordinance with respect to public dances, and with the requirements and provisions provided for in this article, and without first securing a license as provided for in this article. (R. O. 1948, 13-612) 4-313. _Public Dances: Requirements. No public dance hall shall be operated, and no public dance shall be given, and no public dancing as defined in Section 4-412 of this article or as otherwise now or hereafter provided by ordinance, shall be permitted in any building which is located within fifty (50) feet of any dwelling house or other building occupied exclusively for residence purposes, within the City of Salina, and no license as provided for in this article, and no permit as now or hereafter provided for or required by ordinance, shall be issued for the operation of a public dance hall to any person or persons, club, society or organization, or the members, officers or directors thereof, except in conformity with the provisions and requirements of this article or any other ordinance now or hereafter in effect. (R. O. 1948, 13-613) 4-314. Public Dances• Applicationsl Amount of License, Before any such license is issued, the person or persons, club -society or organization or the members, officers or directors thereof, applying for the same, shall file with the City Clerk an application for such license which shall state the name of the applicant and the location of the place where any such public dance is to CONSOLMATB.O/-SALIVA 1 1 1 be given, or where any such public dance hall is to be operated, or where any such public dancing is to be permitted, with such additional details with respect thereto as may be required by the City Clerk, and shall pay to the City Clerk a license tax for the same as follows: (a) For one year . . . . . . . . . . . . . . . . . . . . $100; (b) For six months . . . . . . . . . . . . . . . . . . . . $ 50; (c) For a single day or night . . . . . . . . . . . . . . . .$ 3; and in cases where a permit is required by ordinance from the Board of Public Welfare, shall exhibit such permit to the City Clerk. (R. O. 1948, 13-614) 4-315. Issuance of License; Revocation If, upon the filing of such application and the payment of such license fee, it appears to the City Clerk that under the provisions of this article and other ordinancesof said city, the applicant is entitled to a license, the City Clerk may issue such license to such applicant, or if the City Clerk is not satisfied from such application that the applicant is entitled to a license, he shall refer such application to the Board of Commissioners, who shall either approve or reject such application. If the application is approved by the Board of Commissioners, the City Clerk shall issue such license, and if the application is rejected no license shall be issued, and the amount deposited with the City Clerk as a license fee shall be returned to the applicant. The Board of Commissioners shall have the right at any time, if such Board is satis- fied that any licensee is violating any of the provisions of this article or any other ordinance of the City of Salina, or that any public dance or dancing is being conducted contrary to the provisions of this article or any other ordinance of the City of Salina, to revoke any license issued, whether the same was issued with or without the approval of the Board of Commissioners. (R. O. 1948, 13-615) 4-316. License Not Assignable or Transferable; Expiration No license issued under the provisions of this article shall be in any manner assignable or transferable, and no such license shall be issued to or permitted to be held by any person or persons who are not of good moral character, or for the operation or conduct of any public dance or public dance hall or for any public dancing in any place where the ordinances of the City of Salina or the laws of the State of Kansas are violated. Each yearly license issued hereunder shall expire on December 31 following the dateof issue and each six (6) months license shall expire on the 31st day of July, or on the 31st day of December, following the date of such issue. (R. O. 1948, 13-616) P 1 CONSOLIDATED-$ALI XA 4-317. Dance on Sunday; Nuisance. It shall be unlawful for any person, persons, clubs, societies or organizations to conduct or assist in conducting a public dance on Sunday in the City of Salina. (R. O. 1948, 13-617) 4-318. Violations; Penalty_ Any person who shall violate or who shall cause, permit, or direct the violation of any of the provisions of Sections 4-312 to 4-317, both sections inclusive, of this article for which no other penalty is provided shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each offense, and each separate violation and each day upon which any such violation is caused or permitted to exist, shall be deemed a separate offense. (R. O. 1948, 13-618) Article 4. Pool and Billiard Halls and Shuffle Boards 4-401. Billiard and Pool Tables: License 4-402. Miniature Pool Tables and Shuffle Board Devices; License 4-403. Application 4-404. Issue License 4-405. Hours Open; Sunday 4-406. Age of Players 4-407. Profane Language 4-408. Intoxicating Liquor 4-409. Connecting Rooms 4-410. License Suspension 4-411. License Revocable 4-412. Violation; Penalty 4-413. Violation; Penalty 4-414. Posting Copy of Ordinance 4-401. Billiard and Pool Tables; License. It shall be unlawful for any person or persons i to have, keep or maintain, for hire or profit in any place in the City of Salina, billiard or pool tables, without first securing a license therefor as in this article provided, and paying a license CONSOLIDATED-SALINA 1 fl J fee on all such tables in the following amounts: For each table Seven Dollars and Fifty Cents ($7.50) for six (6) months or fractional part thereof. Such license when issued shall expire on the last day of June or December next after the same is issued, and shall be : nonassignable and non- transferable, and shall be issued only to individuals and not to corporations: P2yj, That the license fee herein made payable shall be based upon each and every billiard and/or pool table kept or maintained in place of business for which such Licenses are paid unless such table is actually 948, dismantled and rendered unfit for use as billiard or pool table. (R. O.A3-1101) 4-402. Miniature Pool Tables and Shuffle Board D vi PAlLicense. It shall be unlawful for any person or persons to have, keep or maintain, for hire or profit in any place in the City of Salina, miniature pool or billiard tables or shuffle board devices of any character upon which metallic, plastic or other metal discs are cast or any other amusement device not otherwise provided for by ordinance, without first securing a license therefor as in this article provided, and paying a license fee on all such tables, boards or other devices in the following amounts: For each of such tables, boards or devices, Twelve Dollars and Fifty Cents ($12.50) for six (6) months or fractional part thereof and otherwise be subject to the additional limitations provided in the preceding section as to other licenses. (R. O. 1948, 13-1102) 4-403. Application. Any person or persons desiring a license under this article shall make application therefor in writing, over his or their signature, to the City Clerk. Such applications shall state the number of billiard and pool tables, miniature pool tables, shuffle boards and other amusement devices, to be set up, kept and used; the location of the room or rooms in which such devices are to be set up and used. Such application shall also be accompanied by a certificate of the Board of Public Welfare of the city recommending the granting or rejecting of the some, and the City Manager may approve such license or deny the issuance thereof if he deems the applicant therefor not of good character: Provided" That if such license is refused the applicant may appeal to the Board of Commissioners who may in their discretion grant or refuse such license. (R. O. 1948, 13-1103) Ref.: Welfare Board, see Chap. 4, Art. I. 4-404. Issue License. If the City Manager shall deem the applicant to be a fit person to engage in such business, and shall approve such application, the City Clerk shall upon payment of the license fee herein provided for, issue such license. (R. O. 1948, 13-1104) CONSOLIDATED -SALIVA 1 n 4-405. Hours Open; Sunda. It shall be unlawful for any person or persons to keep open or cause or permit to be kept open any billiard or pool hall, or any other place where billiard or pool tables or other gambling tables or devices are kept for pay on the first day of the week, commonly known as Sunday, or between the hours of eleven (11) p.m. to midnight and from midnight to six (6) a.m. on any day, or permit any game to be played therein on Sunday or between such hours of eleven 01) p.m. to midnight and from midnight to six (6) a.m. on any day. (R. O. 1948, 13-1105, Ord. 5850, Sec. 1, 4-26-54) 4-406. Age of Players. It shall be unlawful for the owner, manager, keeper or person in charge of any place described in the preceding sections of this article to permit or allow any person under the age of eighteen (18) years to playat or take part in any game in any such place or to loiter or congregate in or about any such place: Provided, however That persons under the age of eighteen (18) years may be permitted to play at or take part in games in any such place or to be in such place if the owner of such place shall, in addition to his application for license to operate such place, make a special application to the City Manager for such permit and if such application shall be approved by the City Manager after the same has been referred to and approved by the Board of Public Welfare. In such special application, the owner of such place shall agree that he will allow no person under the age of eighteen (18) years to loiter in or play at any game in the place owned by him unless and until he has first secured from such person two (2) permission cards signed by a parent or guardian of such person, or the person having parental authority over such person, granting him permission to play at games or to be in such place. The owner of such place shall keep one of such cards on file in his place and the other shall be filed with the City Clerk, and no person under the age of eighteen (18) years shall be permitted to play or loiter in such place unless such a card is on file covering such person, or after the same is revoked, and the owner of such place shall likewise keep a register which shall be signed daily by all persons under eighteen (18) years who enter his place, either to loiter or to play. Such permission cards shall contain the name of place where such person is to be permitted, the name, address and telephone number of the parents (both father and mother, if l iving) or guardian if such person has no - father or mother, and the address, telephone number, date of birth and age of the person to whom such card relates, and shall state whether or not he is employed, 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 mail the parents or guardian mentioned in such card, that such permission card is on file in his office. No such special permit shall be granted to the owner of any such place if beer is sold or used on such CONSOLIDATED-SALINA 1 premises or if a license to sell malt or cereal beverages is in effect covering such premises. Any permission given by a parent or guardian or person having parental authority, to any person under the age of eighteen (18) years to play at or be in any such place, may be revoked at any time by either of the parents or guardian or person having parental authority over any such person. The violation by the owner, manager, keeper or person in charge of any such place, of any of the pro- visions of this section, or any of the agreements contained in the special application provided for herein, shall be grounds for the revocation of the permit granted pursuant to such special applica- tion. (R. O. 1948, 13-1106) 4-407. Profane Language It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to knowingly permit the use of profane or indecent language or to permit any riotous or disorderly conduct in such place. (R. O. 1948, 13-1107) 4-408. _Intoxicating Liquor It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to sell or keep for sale or free distribution any intoxicating liquors or to permit any intoxicating liquor to be kept or used in or about said premises, or to permit any disorder in or about said premises, or to permit any gambling in or about said premises. (R. O. 1948, 13-1108) 4-409. Connecting Rooms It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to permit such place to be connected with any other separate room or compartment either in the same or any adjoining building, unless the connecting doorways or passageways between such premises and any such room or compartment shall be at all times kept open and free from any door, gate or other device which may be shut or locked, and there shal I be no door, gate or other device capable of being shut or locked between any such pool or billiard hall and any such adjoining room, except that this section shall not apply to room designated for and used solely for toilet purposes. (R. O. 1948, 13-1109) 4-410. License Suspension. Every license issued under the provisions of this article may, in the event of the violation of any of the provisions of this article by the licensee, be suspended by the City Manager: Provided That upon such suspension the licensee may appeal to the Board of Commissioners for redress. (R. O. 1948, 13-1110) 4-411. License Revocable. Every license granted under the provisions of this article shall be revocable and cancellable at the pleasure of the Board of Commissioners, irrespective of any other provision contained in this article for the revocation of any such license: Provided. however, That CONSOLIDATED-$ALINA 1 I 1 if such revocation or cancellation shall be made by the Board of Commissioners without or prior to the conviction of the owner or manager of such pool or billiard hall for any violation of this article, the pro rata portion of the license fee for the unexpired term of the license shall be returned to the person who shall have paid the same. (R. O. 1948, 13-1 11 1) 4-412. Violation; Penalty- Any person or persons who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100), or be imprisoned not to exceed thirty (30) days, or shall be subject to both such fine and imprisonment, for each offense, and upon conviction of any person or persons to whom a license as provided for in this article shall have been lissued, or upon the conviction of any manager, keeper or person in charge of any pool or billiard hall licensed under this article, or any employee thereof, of any such violation, or upon the conviction of any such person of selling or keeping for sale or free distribution, or of using or permitting the keeping or ::use of any intoxicating liquors, or of permitting any gambling in or about said premises, or upon the conviction of any other person upon the charge of gambling in or about said premises, the Board of Commissioners may revoke such license, and after any such revocation, no license shall at any time thereafter be granted or issued to any such person so convicted, or in whose premises any such act was committed. (R. O. 1948, 13-1112) 4-413. Violation; Penalty. Any person or persons who shall keep or maintain any pool or billiard table required to be licensed by this article, without first obtaining a license therefor, or who shall keep or maintain any such pool or billiard table or keep open.any billiard or pool hall after any such license shall be revoked, shall1for each day or part of a day that any such pool or billiard hall is kept open, be deemed guilty of a misdemeanor and for each separate offense shall, upon conviction hereof, be punished by a fine of not less than Fifty Dollars ($50) nor more than One Hundred Dollars ($100), or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 13-1113) 4-414. Posting Copy of Ordinance At least two (2) copies of this article, and the license issued hereunder, shall be posted in conspicuous places in each pool or.billiard hall licensed under the provisions of this article, and a failure to keep such copies and license posted shall be deemed a violation of the provisions of this article. (R. O. 1948, 13-1114) CON SOL IDATED-SALINA 771 Lj 1 ILJ CHAPTER V. ANIMALS AND FOWLS Article 1. Animals and Fowls Article 2. Dogs Article 3. Cats and Other Fur -Bearing Animals Article 1. Animals and Fowls 5-101. Running At Large 5-102. Impounding 5-103. Sale of Impounded Animals or Fowls 5-104. Fees for Impounding 5-105. Not Apply to Drovers 5-106. Picketing Animals on Streets, Alleys and Private Grounds 5-107. Trespassing on Public or Private Grounds or Sidewalks 5-108. Hogs: Prohibited 5-109. Penalty to Sections 5-101 to 5-108, Inclusive 5-110. Cattle and Goats: Number Regulated 5-111. Cattle and Goats: Nuisance 5-112. Penalty to Sections 5-110 and 5-111 5-113. Novelties 5-114. Impounding Animals Which Have Bitten Persons or Animals 5-115. Same: Diseased Animal to Be Destroyed 5-116. Same: Redemption of Undiseased Animal 5-117. Same: Failure to Redeem Ref.: Dogs, Art. 2; Public Offenses, Chap. XXID, Art. / ; Dead and Diseased Animals Along Streets, Sec5,�3'14;w Eating Establishments, Sec. /3-'�0 6 ; Meat Products, Chap`.:XIII. Art. ; Nuisance Places, Chap. i� , Art. 5-101. Running At Large. It shall be unlawful for the owner or person having charge of any of the animals or fowls hereinafter named: cattle, hogs, horses, mules, asses, sheep, goats, chickens, ducks, brant, geese, turkeys or fowls of any kind, to allow the same to run at large within the limits of the city. (R. 0. 1948, 3-101; G. S. 13-435) Ref.: Fowls at Large, Sec.3-��ts . CONSOLIDATED-SALINA 1 1 C 5-102. Impounding. The police shall take up and impound any animal or fowl mentioned in the preceding section found running at large. The Chief of Police shall give five (5) days' notice in three (3) or more public places, that the animal or fowl, sufficiently describing the same, has been impounded, and that if not redeemed within the time stated (not less than ten (10) days after impounding) will be sold, and that if no buyer appears may be killed or otherwise disposed of. Any person who can prove ownership in, or right to such animal or fowl may redeem the same within the time stated upon payment of the costs of feeding and impounding fees which shall be turned over to the City Treasurer for the benefit of the city. (R. 0. 1948, 3-102) 5-103. Sale of Impounded Animals or Fowls. If the animal or fowl be not claimed and the charges as hereinafter specified be not paid within ten (10) days after the date of notice aforesaid, the Chief of Police shall on the eleventh (11) day;; at a time and place mentioned in the notice, proceed to sell the same to the highest bidder for cash, and, after deducting from the proceeds of said sale the amount of all charges which have accrued, including the expense of impounding and keeping and advertising the same, he shall pay the balance to the City Treasurer, subject to the order of the owner or person in charge of said animals or fowls (who having satisfied the City Manager and Chief of Police of being such owner or person in charge shall have received a written certificate to that effect) if claimed at any time within twelve (12) months from the date of the sale aforesaid. If no buyer appears at the time of sale, the Chief of Police may continue the sale from day to day or kill or otherwise dispose of the animal or fowl. (R. 0. 1948, 3-103) 5-104. Fees for Impounding. A fee of Fifteen Dollars ($15) for impounding each animal and each fowl and the cost of feeding the same to the day of sale or other disposal shall be charged. (R. 0. 1948, 3-104) 5-105. Not Apply to Drovers. Nothing herein contained shall be so construed as to prevent drovers or other persons from driving any of the animals mentioned in Section 5-101 from one place to another within the limits of said city, the owner or owners being responsible for all damages that may be sustained by reason of the driving of such animals. (R. 0. 1948, 3-105) C ONS0LIDAT3:D-SAI.INA 1 'LJ 1 5-106. Picketing Animals on Streets, Alleys and Private Grounds. No person jshall picket any horses, mules, cattle or other animals of any kind in, or upon any i street or alley of this city or upon any lot or piece of ground so near to any street or alley as to permit such animals getting upon any street or alley or upon private property without the consent of the owner. (R. 0. 1948, 3-106) 5-107. Trespassing on Public or Private Grounds or Sidewalks. It shall be unlawful for the owner or person in charge of any horses, mules, cattle or other animals to permit the same to trespass on any sidewalk or space permitted by ordi- nance or custom to be used for sidewalk in the City of Salina. (R. 0. 1948, 3-107) 5-108. Hogs: Prohibited. It shall be unlawful for any person to keep or permit to be kept on any premises in the City of Salina owned or leased or in possession of or under the control of any such person in the City of Salina any hogs or pigs of any age: Provided, That this section shall not prohibit the tem- porary keeping of hogs or pigs for the purpose of slaughter by any regular slaughter- house which is operated in the City of S.:lina within the district in which the operation of such slaughterhouse is permitted by the zoning ordinances of the City of Salina now or hereafter in effect, nor shall it prohibit the temporary keeping of hogs or pigs in any stockyards or pens along or adjacent to any railroad switchyard or public transportation facilities and kept there for the purpose of shipment. (R. 0. 1948, 3-108; G. S. 13-436) 5-109. Penalty to Sections 5-101 to 5-108, Inclusive. Any person who shall violate any of the provisions of Sections 5-101 to 5-108 both inclusive, of this article shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Twenty-five Dollars ($25) for each offense. (R. 0. 1948, 3-109) 5-110. Cattle and Goats: Number Regulated. It shall be unlawful for any person, copartnership or corporation, either as owner or as the agent, representa- tive or employee or bailee of any owner to keep or have more than two (2) head of cattle or goats over the age of six (6) months at any time within the city limits of the City of Salina except temporarily for the purpose of sale or for transporta- tion into, out of or through the City of Salina, and except for purposes of slaughter in or on premises lying within the district or zone where such slaughter is permitted. (R. 0. 1948, 3-110) CON SOLYDATED-SALINA 1 1 5-111. Cattle and Goats: Nuisance. On account of the unsanitary and unhealth- ful conditions caused by the keeping of cattle or goats within the city limits of the City of Salina, and adjacent to or near premises occupied and used by persons residing within the city, the keeping of more than two (2) head of cattle or goats, (over six (6) months of age) within the city by any person, copartnership or corporation,either as the owner or as the agent representative or employee or bailee of such owner of such cattle is hereby declared to be a nuisance, which shall be abated and enjoined as other nuisances are abated and/or enjoined according to law. (R. 0. 1948, 3-111) 5-112. Penalty to Sections 5-110 and 5-111. Any person, copartnership or cor- poration, or any agent; representative] member or officer -thereof who shall violate any of the provisions of Sections 5-110 and 5-111 or who shall permit or maintain a nuisance as defined therein shall, upon conviction thereof, be punished by a fine of not less than Ten Dollars ($10) nor more than Twenty-five Dollars ($25) for such offense, and each day's continued violation of any of the provisions of said sections, and each day's continued maintenance of any such nuisance shall be deemed to constitute a separate offense, and any such penalty may be enforced in addition to any remedy which the city or any resident thereof may have by way of abatement or injunction. (R. 0. 1948 3-112) 5-113. Novelties. It shall be unlawful for any person to sell, offer for sale, barter or display any baby chicks or ducklings which have been dyed, colored or other- wise treated so as to impart to them an artificial color, or to sell, offer for sale, barter or give away any baby chicks or ducklings under four (4) weeks of age in any quantity less than six (6), or to sell, offer for sale, barter or give away any baby chicks or ducklingsvin any place where food is prepared for consumption and sold and consumed on the premises. Any person violating this section shall, upon conviction thereof, be punished by a fine not exceeding Twenty-five Dollars ($25). 5-114. Impounding Animals Which Have Bitten Persons or Animals. Any animal which has bitten a person or another animal shall be securely tied or otherwise confined for an observation period of at least ten (10) days from the date of the bite. If the owner of a biting animal produces a certificate of a licensed veterinarian showing that such animal has been vaccinated for rabies not longer than a year previous thereto and not less than thirty (30) days prior thereto) the owner may be allowed to confine said animal on his premises. CJNSCLIDATED-SALINA 11 1 If the owner of a biting animal shall fail to produce a certificate of a licensed veterinarian showing that such animal has been vaccinated for rabies not longer than a year previous thereto and not less than thirty (30) days prior thereto., the owner shall surrender such animal to a police officer. Such animal shall be impounded at the cost of its owner and kept in a separate kennel, as approved by the City Manager,, until ten (10) days after the biting of the person or other animal. During this period, it shall be determined by the Health Department whether or not such animal is suffering from any disease. 5-115. Same: Diseased Animal to be Destroved. If it shall be determined that such animal confined under the provisions of the preceding section is diseased and by reason of such disease is dangerous to persons or other animals, the pound keeper or owner shall, upon notice thereof, immediately destroy such animal. 5-116. Same: Redemption of Undiseased Animal. If it shall be determined that any such animal impounded in the city pound under the provisions of Section 5-114,is not diseased, the pound keeper shall notify by mail the person who is the owner, keeper or harborer of such animal both at the address from which the animal was taken and surrendered and the address of the owner of the animal, if it is a dog, as set forth in the records of the City Clerk in connection with the issuance of a license tag for such dog. The pound keeper shall upon demand, release such animal to the owner or person lawfully entitled thereto upon the payment by such person of the cost of impounding, keeping, care and examination of such animal. 5-117. Same: -.Failure to Redeem. If the owner, harborer or keeper of any animal fails to redeem such animal as provided in the preceding section within five (5) days after the ten (10) day period has expired, the animal may be sold or destroyed by the pound keeper. CONSOLIDATED -SAUNA 1 Article 2. Dogs 5-201. Dogs: Registration; Tax; Vaccination 5-202. Vaccination; Proof of 5-203. Dogs Not to be Permitted to Run at Large; Control by Leash 5-204. Dogs Running at Large: Impounding; Killing 5-205. Mad Dogs: Manager to Issue Proclamation 5-206. Chief of Police to Cuse Dogs at Large During Period of Proclamation to be Killed 5-207. Vicious Dogs: Unlawful to Harbor 5-208. Not to Enter Buildings 5-209. Penalty Ref.: Dog Fighting, Sec. 2 3- L70 5-201. Do s: Registration; Tax; Vaccination. The owner or harborer of a dog in the City of Salina shall., on or before the tenth (10) day of January, of each year, cause his name, with the name and description of the dog, to be registered with the City Clerk in a book to be kept for that purpose, and shall pay to the City Clerk each year, before such dog is registered, a tax of Two Dollars ($2) for each male dog and each spayed female dog, and Five Dollars ($5) for each unspayed female dog, and shall keep on the neck of each dog so registered, a metallic or leather collar to which shall be attached a metallic tag or check, (to be furnished by the City Clerk) with the number and the year of the registration distinctly marked thereon: Provided. That no dog shall be registered and no tag shall be issued unless there is filed with the City Clerk a certificate of vaccination of such dog as hereinafter required. The City Clerk shall keep a suitable book for the registration of dogs and upon payment to him of the tax aforesaid, shall register the dogs upon which said tax is paid: Provided, That if any dog shall at any time after the date of registration as hereinabove provided become subject to registration, then the owner or other person above mentioned shall immediately cause the registration of such dog and the payment of the tax therefor, which registration shall hold good only until the tenth (10) day of the next succeeding January as herein provided. If any such tax shall be due from any owner or other person as above provided for and shall not be paid when due, then in addition to any other procedure provided for by ordinance, the Chief of Police.. or any policeman or other person designated by him or the City Manager shall proceed to collect all such registration taxes which may be due: Provided That in addition to the fee above mentioned such policeman or other person shall collect an additional sum of One CON SOL3DATED-SALLNA 1 1 Dollar ($1) for each tax so collected. Any policeman or other person collecting such fees and sums shall account for and pay the same to the City Clerk. (R. 0. 1948, 3-201; G. S. 13-435; State v. Topeka, 36 Kan. 76) 5-202. Vaccination, Proof -of. At the time of making application under the i provisions of the preceding section, and before any dog is registered and a tag issued, the applicant shall exhibit to the City Clerk a certificate of a duly licensed veterinarian certifying that he has within six (6) months immediately I prior to the making of the application, vaccinated such dog against rabies. 5-203. Dogs Not_to be Permitted to Run At Large, Control by Leash. It shall be unlawful for the owner or person in charge of any dog to permit any such dog to run at large within the City of Salina: Provided, That any dog kept securely tied or kept securely within an enclosure on private premises or led by a leash, chain, strap or rope by some person in charge of such dog shall not be deemed to be runninq at large within the provisions of this article. (R. 0. 1948, 3-202) 5-204. Dogs Running at Large: Impoundinq; Killinq. Any dog found running at large within the City of Salina contrary to the provisions of the preceding section or without there being kept on the neck of such dog a metallic or leather collar to which shall be attached a metallic tag or check as provided by Section 5-201 shall be taken up by any policeman of the city or by any other person duly appointed and employed for that purpose by the City Manaqer, and shall be impounded in a place provided for that purpose by the city, which shall be under the charge of the Chief of Police, who shall make a record of all dogs so impounded, with their description and date of impounding. If within three (3) days from the date any such dog is impounded the owner of such dog shall appear and claim any such dog, and shall pay to the Chief of Police the sum of Five Dollars ($5) to pay the cost of impounding and keeping said dog, such doq shall be returned to such owner: Provided, That the claiming of any such dog shall be prima facie evidence of the violation by such owner of this article and shall subject such owner to the penalty provided for herein. If any dog so impounded is not claimed by the owner thereof within three (3) days of the date of such impounding, the Chief of Police shall cause any such doq to be killed or any such dog may be sold by the Chief of Police to pay the cost of keeping and impounding such dog; upon public notice given for three (3) consecutive days in the official city paper, such notice to contain a brief description of the dog or dogs to CON&O7 :DATED-SAL4NA 1 be sold, and the proceeds of any such sale and any amount paid to the Chief of Police on account of this article shall be paid into the City Treasurys Provided further, That the payment of a tax as required by this article upon any dog shall not prevent the impounding, killing or sale of any dog under the provisions of this article, but if any dog so taken shall have a license tag for the current year, the owner of such dog as shown by the records of the City Clerk shall be notified before such dog is killed or sold. (R. 0. 1948, 3-203) 5-205. Mad Dogs: _Manager to Issue Proclamation. The City Manager is hereby authorized upon reasonable apprehension of danger from mad dogs, to issue a proclamation forbidding persons in charge of dogs controlled by leash, chain, strap or rope on the streets unless securely muzzled within such period of time, not exceeding ninety (90) days, as may be stated in such proclamation. The proclamation shall take effect upon publication once in the official city paper. It shall be unlawful for any person in charge of any dog to have any such dog upon the streets and controlled by leash, chain, strap or rope without having such dog muzzled as herein required during the period of such proclamation. (R. 0. 1948; 3-204) 5-206. Chief of Police to Cause Dogs at Large During Period of Proclamation to be Killed. The Chief of Police shall cause all dogs to be killed that are found at large within the city limits during the time such proclamation is in effect without impounding the same. (R. 0. 1948 3-205) NOTE: Power during state rabies quarantine, G. S. 47-646a. 5-207. Vicious Do_gs:__Unlawful to Harbor. It shall be unlawful for any person in the City of Salina to harbor or keep any vicious dog. (R. 0. 1948, 3-206) 5-208. Not to Enter Buildings. No dog shall be allowed to enter any theater, store or other public place or building in the city, whether accompanied by its owner or person in charge or otherwise. The word "doa" as used in this section shall be construed to mean any dog, bitch or whelp over six (6) weeks of age. (R. 0. 1948, 3-208) 5-209. Penaltv. Any person violating any of the provisions of this article shall- upon conviction thereof, be fined in any sum not exceeding Twenty-five Dollars ($25). (R. 0. 1948 3-209) f_'.DN SOLIDA TED -SA LINA 1 1 1 S / i Article 3. Cats and Other Fur -Bearing Animals 5-301. Vaccination of Cats and Other Fur -Bearing Animals 5-302. Production of Certificate 5-303. Impounding 5-304. Quarantine 5-305. Penalty 5-301. Vaccination of Cats and Other Fur -Bearing Animals. It shall be unlawful for any person to own, keep or harbor within the City of Salina any cat or other fur - bearing animal which is not kept constantly confined in a dwelling, other building, cage or pen; unless such animal has been vaccinated or inoculated for rabies, and for which animal the owner, keeper or harborer thereof does not possess a certificate j from a licensed veterinarian showing that such animal has been so vaccinated or inoculated with a recognized anti -rabies vaccine and showing that such vaccination is currently effective. 5-302. Production of Certificate. Any police officer of the City of Salina or any other person duly appointed and employed by the city for the purpose of enforcing the provisions of this article shall have the right to demand of the owner, keeper or harborer of any of the animals mentioned in Section 5-301 of this article the right to inspect the veterinarian's certificate showing the anti -rabies vaccination of any such animal; and it shall be unlawful for the owner, keeper or harbbrer of any such animal to fair neglect or refuse to produce such certificate when so demanded. 5-303. Impounding. It shall be the duty of the police officers of the city and of any other persons duly appointed and employed by the city for the purpose of enforcing the provisions of this article to forthwith impound any animal described in Section 5-301 of this article for which a current certificate of inoculation has not been issued by a licensed veterinarian for such animal, or in all cases where the owner, keeper or harborer of such animal fails, neglects or refuses to produce such current certificate upon demand. All animals so impounded shall be detained at a place provided by the city for such purpose for a period of forty-eight (48) hours, during which time the owner, keeper or harborer of such animal may appear and claim such animal by producing a current vaccination certificate for such animal or by having such animal forthwith inoculated in the manner provided for in this article and paying for the cost of such impoundment at the rate of One Dollar ($1) for the first day or fractional part of a day that such animal shall have been impounded and the sum of Twenty-five Cents (25f) for each additional day or fraction thereof. All such animals C ONSCIL .DATED-SALINA 1 J u not so claimed within said period of forty-eight (48) hours shall be destroyed by the officer having custody thereof. 5-304. Quarantine. Whenever any animal described in Section 5-301 of this article shall exhibit conduct which might indicate the symptoms of rabies or whenever any such animal has bitten any person and regardless of whether such animal has a i current vaccination certificate, it shall be the duty of any police officer or other person charged with enforcing the provisions of this article to take custody of such animal and it shall be the duty of the owner, keeper or harborer of such animal to deliver such animal to such officer. Such animal shall thereupon be impounded or quarantined for a period of not less than ten (Z0) days, during which time such examination as may be deemed necessary shall be made to determine if such animal is i suffering from rabies; and if such examination shows the existence of said disease, said animals shall be forthwith destroyed; otherwise, it shall be returned to the owner, keeper or harborer thereof. The owner of any such animal shall pay the cost of impounding.: quarantine and examination. 5-305. Penalty. Every person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in any sum not less than One Dollar ($1) nor more than Twenty-five Dollars ($25). I I i I I I I' i i i I r CONSOLMATIED-SALIVA 1 1 1 CHAPTER VI. BEVERAGES Article 1. Alcoholic Liquor Article 2. Cereal Malt Beverages Article 1. Alcoholic Liquor 6-101. Definitions 6-102. Manufacture 6-103. Retail Occupation or License Tax 6-104. State Licensee, Local License 6-105. Penalty for Retailer 6-106. Sale 6-107. Prohibited Acts of Retailer 6-108. Sales to Minors and Incompetents 6-109. Sale Only in Original Packages 6-110. Distributor's Occupation or License Tax 6-111. Evidence of State License 6-112. Penalty for Distributors 6-113. Possession and Transportation 6-114. Prohibited Places of Consumption 6-115. Saloons 6-116. General Exceptions 6-117. General Penalty Ref.: Drunkenness, Sec..23-,///LPool and Billiard Halls, Sec. `%5149: Taxicabs, Sec./6-/o-ir Cereal Malt Beverages, Art. 2. 6-101. Definitions. (a) "Alcoholic liquor" includes the following four varieties of liquor as defined herein, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but shall not include any beer or cereal malt beverage containing not more than three and two -tenth per cent (3.2%) of alcohol by weight. CONSOLIDATED-$ALINA 1 1 1 (1) "Alcohol" means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol. (2) "Beer," when its meaning is not enlarged, modified or limited by other words, means a beverage, containing more than three and two-tenths per cent (3.2%) of alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like having such alcoholic content. (3) "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, or other spiritous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (4) "Wine" means any alcohlic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries, or other agricultural products, including such beverages containing added alcohol or spirits, as above defined, or containing sugar added for the purpose of correcting natural deficiencies. (b) "Distributor" means a person importing or causing to be imported into the state, or pur- chasing or causing to be purchased within thestate, alcoholic liquor for sale or resale to retailers under the provisions of the Kansas Liquor Control Act. (c) "Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, or with beer regardless of its alcoholic content, and includes blending. (d) "Manufacturer" means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined or beer regardless of its alcoholic content, under the provisions of the Kansas Liquor Control Act. (e) "Nonbeverage user" means all laboratories and hospitals and and sanatoria using alcohol for nonbeverage purposes, and every manufacturer of any of the following products when the same are unfit for beverage purposes: (1) Patent and proprietary medicines and medicinal, antiseptic and toilet preparations; (2) Flavoring extracts and syrups and food products; (3) Scientific, industrial and chemical products. CONSOLIDATW-SALINA ■ 11 (f) "Original package" means any bottle, flask, jug, can, cask, barrel, keg, hogAead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manu- facturer of alcoholic liquor, to contain and to convey any alcoholic liquor. (g) "Person" includes any natural person, corporation, partnership or association. (h) "Retailer" means a person licensed under the provisions of the Kansas Liquor Control Act who sells, or offers for sale, alcoholic liquors for use and consumption and not for resale in any form. (i ) "Sale" means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, pro- prietor, agent, servant or employee. (j) "Sell at retail" and "sale at retail" refer to and mean sales for use or consumption and not for resale in any form. (k) "To sell" includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. (R. O. 1948, 18-13101;'G.. S. 1959 Supp. 41-101, 41-501) 6-102. Manufacture. No person shall manufacture, make, brew or distill any alcoholic liquor within the corporate limits of the City of Salina unless such person shall be licensed therefor under the provisions of the Kansas Liquor Control Act: poyldd, That nothing contained herein shall apply to or prevent: (a) The making of wine, cider or beer by a person from fruits, vegetables or grains, or the products thereof by simple fermentation and without distillation, if it is made solely for the purpose of use by the maker and his family. (b) Any drug store from employing a licensed pharmacist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physicians. (c) The manufacture of denatured alcoholic products in accordance with acts of congress and regulations promulgated thereunder. (d) The making of wine intended for use and used by any c-hurch, or religious organization for sacramental purposes. (R. O. 1948, 18-1302; G. S. 41-104:105) 6-103. Retail Occupation or License Tax. There is hereby levied an annual occupation or license tax on each retailer of alcoholic liquor (including beer containing more than 3.2% of alcohol by weight) for consumption off the premises (sales in the original package only) in the sum of Three Hundred Dollars ($300) in the City of Salina, who has a retailer's license issued by the State Director of Alcoholic Beverage Control, which tax shall be paid before business is begun under CONSOLIDATHDSALINA 1 an original state license and within ten (10) days after any renewal of state license. (R. O. 19481, 13-1501; G. S. 41-310) 6-104. State Licensee, Local License A holder of a license for the retail sale of alcoholic liquors by the package in the City of Salina, issued by the State Director of Alcoholic Beverage Controlshall present such license when applying to pay the license tax levied in Section 6-103 and the tax shall be received and receipt issued for the period covered by the state license by the City Clerk. (R. O. 1948, 13-1502; G. S. 41-310) 6-105. Penalty for Retailer. Any person, copartnership or association having a state license to retail alcoholic liquor by the package who shall fail to pay the license tax levied by Section 6-103 and within the time prescribed shall, upon conviction thereof, be fined not more than One Hundred Dollars ($100) for each day's violation: Provided. That nothing herein shall be con- strued to prohibit the city from collecting the occupation tax by any procedure authorized by law. (R. O. 1948, 13-1503) 6-106. Sale. (a) No alcoholic liquor shall be sold at retail by any person within the corporate limits of the city unless such persons shall be licensed therefor under the provisions of the Kansas Liquor Control Act. (b) No person shall sell at retail any alcoholic liquor within the corporate limits of the City of Salina: (1) On the day of any national, state, county or city election, including primary elections, during the hours the polls are open; (2) On the first day of the week, commonly called Sunday; (3) On Decoration or Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; 1 (4) Before nine (9) o'clock a.m, or after eleven (11) o'clock p.m. on any day when sale is permitted. (R. O. 1948, 18-1303; G. S. 41-712) 6-107. Prohibited Acts of Retailers. It shall be unlawful for a retailer of alcoholic liquor: (a) To permit any person to mix drinks on or in the licensed premises; (b) To employ any person under the age of twenty-one (21) years in connection with the operation of such retail establishment; or (c) To employ any person in connection with the operation of such retail establishment who has been adjudged guilty of a felony; CONSOLIDATED-SALINA [l 1 (d) To furnish any entertainment in his premises or permit any pinball machine or game of skill or chance to be located in or on such premises. (R. O. 1948, 18-1303; G. S. 41-713) 6-108. Sales to Minors and Incompetents. No person shall knowingly or unknowingly sell, give away, or dispose of, exchange or deliver, or permit the same, gift or procuring any alcoholic liquor for or to any minor; and no such minor shall represent that he is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any persons, except in cases authorized by law. No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale�gi.ft or procuring of any alcoholic liquor to or for any person who is mentally incompetent, or any person who is physically or mentally incapacitated by the consumption of such liquor. Any person violating any of the provisions •hereof shall be punished by a fine of not more than One Hundred Dollars ($100), or by imprisonment for not to exceed thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-1303; G. S. 41-715) 6-109. Sale Only in Original Packages. It shall be unlawful for any person to have in his possession for sale at retail any bottles, cask or other containers containing alcoholic liquor, except in original packages. (R. O. 1948, 18-1303; G. S. 41-718) 6-110. Distributor's Occupation or License Tax. There is hereby levied an annual occupation or license tax on each alcoholic liquor distributor in the amount of One Thousand Two Hundred Fifty Dollars ($1,250), with premises situated within the corporate limits of the City of Salina, which distributor has a distributor's license issued by the State Director of Alcoholic Beverage Control, and said tax shall be paid within ten (10) days after the issuance of any license unto any such distributor, or any renewal of a license issued unto such distributor by the State Director of Alcoholic Beverage Control. (Ord. 5446, Sec. 1, 1-26-50; G. S. 41-310) 6-111. Evidence of State License The holder of a license as an alcoholic liquor distributor issued by the State Director of Alcoholic Beverage Control shall present such license when applying to pay the license tax levied in Section 6-110 of this article and the tax shall be received and a receipt issued for the period covered by the state license. (Ord. 5446, Sec. 2, 1-26-50) 6-112. Penalty for Distriki,tnrs Any firm, copartnership, association or corporation having a state license as an alcoholic liquor distributor which shall fail to pay a license tax herein levied and within the time prescribed hereunder, or who shall violate any other provision of this article shall, upon conviction thereof, be fined not more than One Hundred Dollars ($100) for each day's CONSOLIDATED-SALINA 1 F1 violation: Proms' e 1, That nothing herein shall be construed to prohibit the city from collecting any the license tax by / procedure authorized by law. (Ord. 5446, Sec. 3, 1-26-50) 6-113. Possession and Transportation Subject to the limitations hereinafter provided, the possession and transportation of alcoholic liquor for personal use only shall be legal: (a) It shall be unlawful for any person to transport in any vehicle upon a public highway, street or alley, within the corporate limits of the City of Salina, any alcoholic liquor, except in the original package or container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened package or container be in the locked rear trunk or rear compartment, or any locked outside compartmehtwhic'Kis not accessible to the driver or any other person in said vehicle while it is in motion. Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars ($200), or by imprisonment for not more than six (6) months or by both such fine and imprisonment. (G. S. 41-804) (b) It shall be unlawful for any person to have in his possession any cask or package of alcoholic liquor witho ut having thereon each mark and stamp required by the Kansas Liquor Control Act: Prov' That nothing herein contained shall apply to the possession and transportation of alcoholic liquors by any manufacturer, wholesaler, distributor, retailer, nonbeverage user or common carrier operating pursuant to the provisions of the Kansas Liquor Control Act or to the possession and transportation of wine imported solely for use by any church or religious organization for sacramental purposes and uses. (R. O. 1948, 18-1304; G. S. 1959 Supp. 41-407) 6-114. Prohibited Places of Consumption Within the corporate limits of the City of Salina, it shall be unlawful for any person to drink or consume alcoholic liquor upon the public streets, alleys, roads or highways, or in beer parlors, taverns, pool halls, or places to which the general public has access, whether or not an admission or other fee is charged or collected, or upon property owned by the state or any governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50) nor more than Two Hundred Dollars ($200), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (R. O. 1948, 18-1305; G. S. 41-719) CONSOLIDATED-SALINA 6-115. Saloons. It shall be unlawful for any person to own, maintain, operate or con- duct either directly or indirectly, an open saloon, within the corporate limits of the city. For the purposes of this section the words "open saloon" mean any place, public or private, where alcoholic liquor is sold or offered for sale or kept for sale by the drink or in any quantity of less on the premises where sold. Any person violating the provis.ons than one-half pint, or sold, offered for sale, or kept for sale for consumPH n�of this section shall I be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars, ($500) and by imprisonment for not more than ninety (90) days. (R. O. 1948, 18-1306; G. S. 41-803) 6-116. General Exceptions. (a) Nothing contained in this article shall prevent: (1) The making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by a simple fermentation and without distillation, if it is made solely for the use of the maker and his family; (2) Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession; (3) Any hospital or other institution caring for the sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or institution; (4) Any drug store employing a licensed pharmacist from possessing and using alcoholic liquor in compounding of prescriptions of duly licensed physicians; (5) The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or rerigious ceremony conducted by such church. (G. S. 41-104) (b) None of the provisions of this article shall apply: I (1) To flavoring, extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes; (2) To wine intended for use and used by any church or religious organizations for sac- ramental purposes. (G. S. 41-105) (R. O. 1948, 18-1307) 6-117. General Penalty, Any person who shall violate any of the provisions of this article for which a penalty is not otherwise specifically provided shall, upon conviction thereof, be punished by a fine of not to exceed Five Hundred Dollars ($500), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (R. O. 1948, 18-1308; G. S. 41-208) CONSOLIDATED-SALINA 1 Article 2 Cereal Malt Beverages 6•-201. Cereal Malt Beverages; Definitions 6-202. License Required of Retailers 6-203. License Fees 6-204. Application for Licenses 6-205. Examination; Disqualification; Approval 6-206. License 6-207. Statutory Requirements 6-208. Prohibited Zones Established 6-209. Revocation of Licenses 6-210. Samples for Analysis 6-211. Sale Prohibited in Certain Places 6-212. Inspection of Premises 6-213. Gambling Prohibited 6-214. Intoxication; Disorderly Conduct 6-215. Acceptance: Rules and Regulations 6-216. Licensee Responsible for Acts of Employees 6-217. Cleanliness 6-218. Relationship of Retailer to Manufacturers, Distributors, Agents and Wholesalers 6-219. Wholesalers and/or Distributors 6-220. Penalty 6-201. Cereal Malt Beverages.; Definitions.. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires: (a) "Person" shall include individuals, firms, copartnerships, corporations and associations. (b) "Sale at retail" and "retail sale" mean:, sales for use or consumption and not for resale in any form. (c) "Place of business" shall mean any place at which cereal malt beverages are sold. (d) "Wholesaler or distributor" shall mean individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this article, to persons, copartner- ships, corporations and associations authorized by this article to sell cereal malt beverages at retail. CONSOLIDATRX SALVIA 1 (e) "Cereal malt beverages" shall include any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute but shall not include any such liquor which contains more than three and two-tenths per cent (3.2%) of alcohol by weight. (f) "Licensee" is a "person" as defined in (a) who has a license as herein required. (g) "'General retailer" is a licensee who has a license to retail cereal malt beverages in bottles, original and unbroken cases, and from kegs or in keg lots. (h) "Retailer for consumption off premises" is a licensee who has a license to sell at retail cereal malt beverages in original and unopened contai-ners and not for consumption on the premises. (R. O. 1948, 13-501; G. S. 41-2701, G. S. 1959 Supp. 41-2702) 6-202. License Required of Retailers. No person shall sell any cereal malt beverage at retail without first having secured a license for each place of business which such person desires to operate within the corporate limits of the City of Salina, as herein provided and a person having only a license to sell at retail cereal malt beverages as a "retailer for consumption off the premises" as designated in this article shall not sell any such beverage in any other manner and a person having only a license to sell cereal malt beverages as a "general retailer" shall not sell any such beverage in any other manner than that covered by such license: Providrd That a "general retailer" may also secure a license as a "retailer for consumption off the premises" on complying with the requirements of this article and securing an additional license as a "retailer for consumption off the premises." (R. O. 1948, 13-502) 6-203. License Fees. There are hereby prescribed license fees as follows: (a) "General retailer" for each place of business, Seventy-five Dollars ($75) per calendar year. (b) "Retailer for consumption off the premises" for each place of business Fifty Dollars ($50) per calendar year. The full amount of license fee shall be required regardless of the time of the year in which the application is made and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (R. O. 1948, 13-503; G. S. 1959 Supp. 41-2702) 6-204. Application for Licenses. Any person desiring a license shall make application to the Governing Body of the city and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the Attorney General of the State of Kansas, and shall contain such CONSOUDA?&D-SALIVA 1 1 n information as the Governing Body of the city may require which shall include the following: (a) The name and residence of the applicant and how long he has resided within the State of Kansas; (b) The particular place for which a license is desired; (c) The name of the owner of the premises upon which the place of business is located; (d) A statement that the applicant is a citizen of the United States and not less than twenty- one (21) years of age and that he has not within two (2) years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxi- cating liquor or the violation of any other intoxicating liquor law of any state or of the United States. Each such application, in case the applicant is a corporation, shall be accompanied by affidavits executed by each officer, director, and stockholder owning in the aggregate more than twenty-five per cent (25%) of the corporation's stock, and of the manager of such business, con- taining the same information as hereinabove required of an individual applicant, and in case the applicant is a partnership, firm or association, the application shall be accompanied by affidavits duly executed by each member of such firm, copartnership or association, and of the manager of such business, containing the same information. (R. O. 1948, 13-504; G. S. 1959 Supp. 41-2702, G. S. 2703) 6-205. Examination; Disqualification.; Approval. If the application is in proper form and accompanied by cash in the amount of the license fee and the required affidavits, the Governing Body of the city shall examine the application and affidavits, and after such examination, the Governing Body of the city shall refer such application to the Chief of Police for further investi- gation and report if they deem such additional investigation necessary. If the Board of Commissioners with or without such investigation of the Chief of Police shall find the applicant to be qualified as provided by law, the Board of Commissioners shall issue a license to the applicant and shall direct the City Clerk to issue a license to the applicant: PEovided That no license shall be issued to: (a) A person who is not a resident of the City of Salina and who has not been a resident in good faith of the State of Kansas for a least one 0 ) year prior to said application and a resident of the County of Saline; (b) A person who is not of good character and reputation in the community in which he resides; (c) A person who is not a citizen of the United States; CONSOLMATED-$ALINA 1 1 (d) A person who within two (2) years immediately preceding the date of making application has been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxicating liquor law of any state or of the United States; (e) A copartnership, unless one of the copartners is a resident of the City of Salina and unless all the members of such copartnership shall otherwise be qualified to obtain a license; (f) A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty-five per cent (25%) of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than nonresidence within the city; (g) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required by the licensee. No license shall be issued for a place of business located or to be located in a pro - hibited zone as defined by this article or as hereafter defined or prescribed by ordinance. A person applying for a license as a retailer for consumption off the premises must be engaged in business in this city. (R. O. 1948, 13-506; G. S. 41-2703) 6--206. License. The journal of the Governing Body shall show the action taken. The license shall not be transferable under any circumstances from one person to another or to any firm, copartnership or association containing members not included in the membership of the original applicant and such license shall not be transferable by the same licensee from one location to another without consent of the Governing Body of the city and upon such conditions as such Governing Body may prescribe. The license shall be kept posted in a conspicuous place in the place of business. The license shall state the name of the licensee, the location of the place of business for which the license '►.s issued and the calendar year for which it is issued, and that it is subject to revocation in the manner provided by law and by this article. (R. O. 1948, 13-507) 6-207. Statutory Requirements. No cereal malt beverages may be sold between the hours of twelve (12) midnight and six (6) a.m, or on Sunday or on the day of any national, state, county or city elections, including primary elections, during the hours the polls are open, within the political area in which such election is being held. No private rooms or closed booths shall be operated in said place of business. Said place of business shall be open to the public and to the police at all times during business hours. No person under eighteen (18) years of age shall be per- mitted to buy or drink any of such beverages in or about said place of business. No person shall CONSOLIDATED-SALINA 1 FJ 1 have any alcoholic liquor in his possession while in said place of business. (Ord. 5621, Sec. 1, 2-29-52; G. S. 1959 Supp. 41-2704) 6-208. Prohibited Zones Established No license shall be issued for any place of business and no cereal malt beverages shall be sold in any place of business which is located within any residence zone or district as now or hereafter provided for or designated in the zoning ordinance of the City of Salina or any amendment thereto. (R. O. 1948, 13-509; G. S. 1959 Supp. 41-2704) 6-209. Revocation of Licenses. The Governing Body of the city, upon five (5) days' notice to persons holding any such license, shall revoke such license for any one of the following reasons: (a) If a licensee has fraudulently obtained the license by giving false information therefor; (b) If the licensee has violated any of the provisions of Chapter 41, Article 27, as amended, of the General Statutes of 1949 or of this article or any other ordinance of the city prescribing rules or regulations relating to cereal malt beverages as herein defined; (c) If the licensee has become ineligible to obtain a license; (d) Drunkenness of the person holding such license or permitting an intoxicated person to remain in such place; (e) The sale of cereal malt beverages to those under the age of eighteen (18) years; (f) The nonpayment of any license fees; (g) For permitting any gambling in or upon such premises; (h) For permitting any person to mix drinks with materials purchased in said place of business or brought in for this purpose; (i) For the employment of persons under eighteen (18) years of age in dispensing cereal malt beverages; (j) For the employment of persons who have been adjudged guilty of felony or of any violation of the intoxicating liquor law; (k) For purchasing or displaying a federal retail liquor tax stamp, expiring after June 30, 1937, issued by the United States Treasury Department, except where issued for industrial, mechanical, scientific and medicinal purposes; (1) If any licensee whose principal business is the sale of cereal malt beverages or "tap beer" shall permit any person or persons under the age of eighteen (18) years to enter into or loiter about his place of business: Provided, That said licensee shall cause a sign to be displayed at all times in a prominent place at or near the entrance to his place of business stating that no person under the age of eighteen 08) years shall be permitted on said premises; CONSOLIDATED-SALIlf A f 1 1 (m) For the sale or possession of or for permitting any person to use or consume upon or in said premises alcoholic liquor as defined by the laws of the State of Kansas relating thereto. And it is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license as above set forth. Within twenty (20) days after the order of the Board revoking any license, the licensee may appeal to the District Court of the county in the manner as now provided by law in appeals from the Probate Court: Provided That any appeal taken from an order revoking any such license shall not suspend the order of revocation during the pendency of the appeal. In case of the revocation of the license of any licensee, no new license shall be issued to such person or persons acting for or on his behalf, for a period of six (6) months thereafter, unless the order of revocation shall be set aside by the District Court of said county on appeal. (R. O. 1948, 13-510; G. S. 1959 Supp. 41-2708) 6-210. Samples of Analysis. Every licensee shall, upon demand of any police officer or any other officer of the City of Salina, furnish to any such officer without compensation at least two (2) samples of each and every kind or character of beverage which is in the possession of any such licensee in any such place of business for the purpose of examining and testing the same. (R. O. 1948, 13-511) 6-211. Sale Prohibited in Certain Places No general retailer's license shall be issued for any place of business in the City of Salina except for a room on the first or street floor of the premises or building in which such licensed place of business is located, which room shall have a clear glass window through which the entire room or rooms in which any such place is conducted shall be at all times visible from the street upon which such room fronts, and no screen, curtain, sign or other obstruction of any kind shall be so placed in or adjacent to such window so as to prevent the clear and unobstructed view of such premises from such street, and no dancing shall be permitted in any such place of business: Provided. That the provisions hereof relating to conduct of such business on the street floor and the maintenance of curtains, screens or other obstructions, and dancing, shall not apply to any place conducted under a license issued to any bona fide lodge or fraternal organization having a permanent and bona fide membership and which at the date this article takes effect is duly organized, authorized, chartered and operated for lodge and fraternal purposes, and as a bona fide lodge or fraternal organization under the laws of this state or any other state. (R. O. 1948, 13-512) CONSOLIDATED-SALINA 1 6--212. Inspection of Premises All premises where any business in conducted under any license issued pursuant to this article shall be open for inspection by police officers of the City of Salina at all times, and every person to whom any such license is issued and every employee of such person shall disclose to any officer of the City of Salina, upon demand, all information relating to the source of supply of the beverage sold by him or in his possession, when and from whom the same was purchased and any other information pertaining to the same which may be required by any such officer. (R. O. 1948, 13-513) 6-213. Gambling Prohibit d. No gambling or gambling device of any kind shall be per- mitted in any licensed premises. (R. O. 1948, 13-514) 6-214. Intoxication; Disorderly Conduct No licensee shall sell or use or give away or permit the sale or use or giving away within or upon such licensed premises by any person, of any intoxicating liquor of any kind, nor shall such licensee permit any intoxicated person to be or remain upon any such licensed premises, or permit any disorderly conduct in such premises, at any time, and the presence of any intoxicated person in or upon any such licensed premises, or the existence of any disorderly conduct by any persons in or upon said premises, at any time, shall be deemed to be conclusive evidence that such intoxicated person is there, or that such disorderly conduct exists, with the permission of such licensee. (R. O. 1948, 13-515) 6-215. Acceptance: Rules and Regulations Every person shall by his application for a license under this article and by the acceptance thereof when issued, be deemed to have specifi- cally agreed to abide by and to be bound by all of the rules, regulations and provisions set forth in this article and by all other ordinances hereafter adopted by the Board of Commissioners relating to and regulating any such business and the manner of sale of any such beverages. (R. O. 1948, 13-516) 6-216. Licensee Res si I for Act of 'Employee•. Every person to whom any such license is issued shall be responsible for the acts and conductA of all persons engaged in managing, conducting or carrying on such licensed business and for the acts and conduct of all employees engaged in carry- ing on such business and the violation by any such person shall be deemed the act of the licensee for all of the purposes of this article. (R. O. 1948, 13-517) 6-217. Cleanliness. Every place of business licensed under this article and all equipment used in connection with the sale of cereal malt beverages and all persons employed in such places of business shall be kept in a clean and sanitary condition and no person shall be employed in or about C.ON SOLID ATED-SALINA 1 1 Al such business place who is not in good health or who is afflicted with or suffering from any infectious or contagious disease. (R. O. 1948, 13-518) 6-218. Relationship of Retailer to Manufacturers, Distributors, Agents and Wholesalers. No manufacturer, distributor, agent or wholesaler shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishings, fixture or equipment on the premises of a place of business of a licensee authorized under this article to sell cereal malt beverages at retail, nor shall he, directly or indirectly, pay for any such license, or advance, furnish, lend or give money for payment of such license, or purchase or become the owner of any note, mortgage or other evidence of indebtedness of such licensee or any form of security therefor, nor shall such manufacturer, distributor or wholesaler, directly or indirectly, be interested in the ownership, conduct or operation of the business of any such licensee nor shall any manufacturer, distributor or wholesaler be interested, directly or indirectly, or as owner or part owner of said premises or as lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail. No manufacturer, distributor or wholesaler, shall, directly or indirectly, or through a subsidiary 6�f affiliate, or by any officer, director, or member of firm of such manufacturer, distributor of wholesaler, furnish, give or lend any interior decorations other than signs, costing in the aggregate more than One Hundred Dollars ($100) in any one calendar year for use in or about or in connection with any one establishment on which products of the manufacturer, distributor or wholesaler are sold. Any licensee who shall permit or assent, or be a party in any way to any violation orinfringementof the provisions of this section shall be deemed guilty of a violation of this article. No wholesaler or distributor shall sell any cereal malt beverage to any person who has not secured a license as provided for in this article. (R. O. 1948, 13-519; G. S. 41-2705) 6-219. Wholesalers and/or Distributors. It shall be unlawful for any wholesaler and/or distributor, his or its agents or employees, to sell and/or deliver cereal malt beverages within this city to persons authorized under this article to sell the same within the city unless such wholesaler and/or distributor has first secured a license from the Director of Revenue of the State of Kansas authorizing such sales. (R. O. 1948, 13-520) 6-220. Pena t . Any person violating any of the provisions of this article shall, upon conviction thereof, for each offense be fined not exceeding One Hundred Dollars ($100), or imprisoned not exceeding three (3) months, or be both so fined and imprisoned, and each day's continued violation shall be deemed a separate offense. (R. O. 1948, 13-521) CONSOLIDATED-SALINA 1 1 CHAPTER VII. BONDS OF CONTRACTORS, ETC. Article 1 . Bonds of Contractors, Licensees, Etc. IMMM. - - - - - 7-101. License and Contract Bonds; Surety Company; Local Agent 7-102. Bonds Signed by Principal as Well as Surety 7-103. Approved by City Attorney and City Commission 7-101. License and Contract Bonds;, Surety Company; Local Agent All bonds for the use, benefit or protection of the City of Salina required to be taken by the statutes of the state and by the ordinances of the city or by resolution of the Board of Commissioners of said city from any person or corporation to secure the faithful performance of any contract with the city, or to indemnify the city against loss, damage or liability growing out of any contract with the city, or out of the issuance of any license or permit by the city where a bond is required, shall be signed and executed as surety by some surety company admitted to do business in the State of Kansas and maintaining a local agent in the City of Salina, and no bond not countersigned by the company's agent in the City of Salina will be accepted and approved by the Board of Commissioners of said city. (R. O. 1948, 4-101) 7-102. Bonds Signed by Principal as Well as Surety All bonds provided for in the pre- ceding section shall be signed and executed by the party or parties from whom such bonds are required in addition to the sureties on said bonds, and except where otherwise provided by law the said bonds shall be made to the City of Salina. (R. O. 1948, 4-102) 7-103. Approved by City Attorney and City Commission. All bonds herein provided for shall be submitted to and approved by the City Attorney; and after such approval by the City Attorney such bonds shall be approved by the Board of Commissioners. (R. O. 1948, 4-103) CONSMIDATED-SALIVA LFJ 1 1 CHAPTER VIII. BUILDINGS Article 1. Fire Limits Article 2. Building Code Article 3. Awnings, Canopies, Marquees Article 4. Signs Article 5. Electrical Code Article 6. Television and Radio Towers and Antennae Article 7. Plumbing Code Article 8. Gas Piping Code Article 9. Mobile Homes Courts Article 10. Moving Dwellings Article 11. Fences, Walls, Hedges Article 1. Fire Limits 8-101. Fire Limits 8-101. Fire Limits. All that portion of the City of Salina comprised within the following metes and bounds shall be known and designated as the fire limits of the City of Salinas Commencing at the intersection of the center line of Fourth Street and Mulberry Street; Thence due north to the south line of the Union Pacific Railroad (main line) right of way; Thence southwesterly along the south line of said right of way to the center line of Fifth Street; Thence north on the center line of Fifth Street to the center line of Harsh Avenue; Thence west on the center line of Harsh Avenue to the center line, extended north, of a north and south alley next west of Ninth Street; Thence south on the center line of said alley to the center line of Lincoln Avenue; Thence west on the center line of Lincoln Avenue to the center line of r Thirteenth Street; Thence south on the center line of Thirteenth Street to the center line of North Street; Thence west on the center line of North Street to the center line of College Avenue; L ON S?'IJDATED-SALINA u 1 Thence south on the center line of College Avenue to the center line of an east and west public alley, extended west, next north of Elm Street; Thence east in the center line of said alley to the center line of Twelfth Street; Thence southeasterly to the southwest corner of Lot 4 on Twelfth Street in Weaver's Addition to the City of Salina; Thence east to the center line of Eleventh Street; Thence northeasterly to the southwest corner of Lot 58 on Eleventh Street in Bishop's Addition to the City of Salina; Thence east to the center line of Tenth Street; Thence northeasterly to the southwest corner of Lot 59 on Tenth Street in said Bishop's Addition; Thence east to the center line of Ninth Street; Thence northeasterly to the southwest corner of Lot 26 on Ninth Street in the original town of Salina; Thence east to the center line of Seventh Street; Thence south on the center line of Seventh Street to the center line of Elm Street; Thence west on the center line of Elm Street to the west line of a north and south alley, extended north, and next west of Seventh Street; Thence south on the west line of said alley to the north line of Lot 75 on Eighth Street in the original town of Salina; Thence west to the center line of Eighth Street; Thence south on the center line of Eighth Street to the center line of Mulberry Street; Thence east to the place of beginning. (R. 0. 1948, 6-101) Article 2. Building Code 8-201. Adoption of Building Code 8-202. Establishment of Office of Building Official 8-203. Qualification of Building Official 8-204. Duties of Building Official 8-205. Cooperation of Other Officials CONSOLTDATED-SALINA 1 1 8-206. Right of Entry 8-207. Definitions 8-208. Fire Limits 8-209. Fees 8-210. Gas Piping Installations 8-211. Plumbing Installations 8-212. Electrical Installations 8-213. Marquees and Awnings 8-214. Signs and Outdoor Display Structures 8-215. Penalty 8-216. Saving Clause 8-217. Validity 8-201. Adoption of Building Code. There is hereby incorporated by reference by the City of Salina for the purpose of establishing rules and regulations for the con- struction, alteration, removal, demolition, equipment and use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the "National Building Code," recommended and published by the National Board of Fire Underwriters, being particularly the 1955 edition thereof and the whole thereof, except as amended in 1957 which 1957 amendments are hereby in- corporated, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three (3) copies have been and now are filed in the office of the City Clerk and the same are hereby incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the City of Salina. (Ord. 6199, 12-30-57) 8-202. Establishment of Office of Building Official. (a) The office of Build- ing Official is hereby created and the executive official in charge shall be known as the Building Official. (b) The Building Official shall be appointed by the City Manager. His appointment shall continue during good behavior and satisfactory service. He shall have general supervision of the Inspectors and employees of the Building Department. (c) During temporary absence or disability of the Building Official, the appointing authority shall designate an Acting Building Official. (Ord. 6199, 12-30-57) CONSOLIDATED -SALIVA 1 u II 8-203. Qualifications of Building Official. To be eligible to appointment, the candidate for the position shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manu- facture of any material, process or device entering into or used in or in connection with building construction, alterations, removal and demolitioc.. (Ord. 6199, 12-30-57) 8-204. Duties of Building Official. his whole time to the duties of his office. (a) The Building Official shall devote He shall receive applications required by this code, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the Building Code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary. (b) The inspections required under the provisions of the Building Code shall be made by the Building Official or his duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provisions of the Building Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service. (c) The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notice or orders issued. He shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence. (d) All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Building Official without his written consent. CONSOLIDATED-SALINA 1 1 L� (e) The Building Official shall make written reports to his immediate superior as requested, including statements of permits and certificates issued and orders promulgated. (Ord. 6199, 12-30-57) 8-205. Cooperation of Other Officials. The Building Official may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the municipality. (Ord. 6199, 12-30-57) 8-206. Right of Entry. The Building Official, in the discharge of his duties and upon proper identification, shall have authority to enter any building at any reasonable hour. (Ord. 6199, 12-30-57) 8-207. Definitions. (a) Wherever the word "municipality" is used in the Building Code, it shall be held to mean the City of Salina. (b) Wherever the term "corporation counsel" is used in the Building Code, it shall be held to mean the Attorney for the City of Salina. (Ord. 6199, 12-30-57) 8-208. Fire Limits. The fire limits of the City of Salina are as set forth in and designated in Section 8-101, being Chapter VIII, Article 1, Section 1 of the Salina Code. (Ord. 6199, 12-30-57) 8-209. Fees. (a) No permit, as required by the Building Code, shall be issued until the fee prescribed in this article shall have been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid. (b) For a permit for the construction or alteration of a building or structure, the fee shall be as follows; (1) Value of $100 or less . . . . . . . . . . . . . . . $1; (2) Value of $101 to $500 . . . . . . . . . . . . . . . $2; (3) Value of $501 to $1,000 . . . . . . . . . . . . . . $3; (4) All value over $1,000 . . . . . . . . . . . . . . . $0.15 per One Hundred Dollars ($100) or fraction thereof. (c) For a permit for the removal of a building or structure from one lot to another or from without the city to within the city, the fee shall be at the rate of One Dollar ($1) per thousand dollars of the estimated value of the building or structure in its completed condition after removal. C0NS0.LJDAT$D-SALINA 1 d For a permit for the removal of a building or structure to a new location ( ) p 9 within the same lot, the fee shall be at the rate of One Dollar ($1) per thousand dollars of the estimated cost of moving, of new foundations and of work necessary to put the building or structure in usable condition in its new location. (e) For a permit for the demolition of a building or structure, a fee shall be at the rate of One Dollar ($1) for each ten (10) feet in the height of such building or structure plus one per cent (1%) additional for each foot of street frontage of the building or structure in excess of fifty (50) feet. (f) In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder: Provided, That no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made: Provided, That no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued. (g) The term "estimated cost" as used in this section means the reasonable value of all services, labor, materials and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy: Provided, That the cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not merely for embellish- ment or not necessary for the safe and lawful use of the building or structure is not deemed part of such estimated cost. (Ord. 6199, 12-30-57) 8-210. Section 1400.1. Gas Piping Installation of said Building Code, as incorporated by reference, is hereby changed -to read as follows: Piping for any and all types of gas used for fuel or lighting purposes in build - Ings and structures shall be installed to conform to the Gas Piping Code of this city. Ref.: See Article s , of this chapter. 8-211. Section 1401.1. Plumbing Installations of said Building Code, as incor- porated by reference, is hereby changed to read as follows: The plumbing and drainage system of any building or structure shall be installed to conform to the Plumbing Code of this city. Ref.: See Article 7 , of this chapter. CONSOLIDATED-SALYNA 1 1 8-212. Section 1501.1. Electrical Installations of said Building Code, as incorporated by reference, is hereby changed to read as follows: Electrical wiring systems shall be installed in accordance with the Electrical Wiring Code of this city. Ref.; See Article -5-, of this chapter. 8-213. Section 403.4 (h) and (i) relating to Marquees and Awnings are omitted. /-'ef, See ,a 4,tIe. 3. 8-214. Article XVI relating to Signs and Outdoor Display Structures is omitted. 8-215. Penalty. The penalties as set forth and prescribed by Section 106 of I i the Building Code incorporated and adopted by reference by Section 8-201 of this article are hereby made the penalties for the violation of said Building Code and the further provisions of this article. 8-216. Saving Clause. Nothing in this article or in the Building Code hereby incorporated shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any ac -F. or ordinance replaced hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this article. (Ord. 6199, 12-30-57) 8-217. Validity. The invalidity of any section or provision of this article or of the Building Code hereby incorporated shall not invalidate other sections or pro- visions thereof. (Ord. 6199, 12-30-57) Article 3. Awnings, Canopies, Marquees 8-301. Classifications and Definitions 8-302. Permits and Permittees 8-303. Regulations 8-304. Not to Interfere with Fire Escapes or Utilities 8-305. Alleys 8-306. Exceptions 8-307. Permits Revocable CONSOLIDATED -SALIVA 1 L- 1 8-308. Penalty 8-309. Saving Clause i 8-301. Classifications and Definitions. In the construction of this article, j the following classifications and definitions shall apply: (a) Awning. The roof -like shelter carried by a supporting frame or arms attached to a building and so arranged that the shelter and frame may be folded or rolled up I to the face of the building to which it is attached. (b) Venetian Awning. An awning, shutter or louver of metal, wood or other rigid material fabricated into sheets, strips or slats somewhat similar to a Venetian blind, erected to shade or form an outside protection to a window, door or other building opening. (c) Suspended Canopy. A covering of canvas or other combustible material rigidly supported by a metal frame attached to a building and suspended over an entrance solely for a shelter or for protection. (d) Supported Canopy. A covering of canvas or other combustible material used solely for temporary shelter for a door or walk and carried by a frame supported by the ground or sidewalk. (e) Marquee. An overhanging flat roof -like projection or covering of rigid material and construction. (f) Permanent Awning. A sloping roof -like projection of light weight rigid con- struction supported from a building without posts and used for the outside protection of a door, window or other opening. (g) Any construction erected primarily for shade or protection from the elements and which projects into any public area or is liable to endanger persons using public streets or alleys, and which is not mentioned or defined specifically herein or about which there is any question, shall be classified by the Building Official. 8-302. Permits and Permittees. No supported canopy which is to be in place more than twenty-four (24) hours and no suspended canopy or marquee shall be added to, altered or erected over the streets, sidewalks or alleys of the City of Salina until a permit has been secured from the Building Official. The fee for such permits shall be Two Dollars ($2). No awning or permanent awning shall be added to, altered or erected over the streets, sidewalks or alleys of the City of Salina until a permit has been secured from the Building Official. The fee for such permit shall be Two Dollars ($2). Such fees shall be paid prior to the issuance of the permit or the erection of the suspended or supported marquee, awning or permanent awning. C OA' SO LIDATED-SA LINA 1 1 1 8-303. Regulations. The following regulations shall apply to all construction and maintenance of awnings, permanent awnings, venetian awnings, suspended canopies, supported canopies and marquees: (a) Awnings:_ Miscellaneous Reouirements. Awnings over public areas in the City of Salina shall be arranged without posts and shall provide a clearance of not less than seven (7) feet from sidewalk to the lowest point of framework, and no part of such awning cover, including any fringe, apron, skirt, valance or drop, shall be less than six (6) feet six (6) inches above the surface of the sidewalk immediately below when the awning is lowered for use, except the bottom of awning covers enclosing the ends of awnings shall be'not less than six (6) feet eight (8) inches above the surface of the sidewalk. No awning less than fourteen (14) feet above the street, alley or sidewalk shall; be closer to the vertical plane of the curb than two (2) feet and in no case shall any awning project from the face of the building more than eight (8) feet. All fixtures such as lateral arms, center supports, gears and pin ends must be fastened to steel backing where available by drilling and bolting through from the back when possible, or drilling, tapping and fastening with not less than three-eighths (3/8) inch machine bolts. Where wood backing only is available, bolt through from the back wherever possible using large washers under heads of bolts; otherwise use lag screws from front at least four (4) inches long. When anchorage is to be made in brick, stone or terra cotta, use approved expansion bolts. Lock washer to be used on all bolts. Every awning shall be rolled or folded against the building except when serving as a protection from sun, rain, snow or other inclement weather. (b) Fabric -Covered Awning Construction. Pipe rollers shall be not less than one and one-half (12) inches inside diameter galvanized steel pipe, or one and one-half (12) inches outside diameter seamless steel tubing. On pipe rollers over twenty (20) feet in length where it becomes necessary to join two or more sections together, splicing must be effected by using cast steel gudgeons, roller ends to be properly riveted to same. This also applies to pin end gudgeons. Metal rollers shall be drilled or perforated with holes of a size to make a driving fit with roofing nails (about one-eighth (1/8) inch). These holes to be spaced not over three (3) inches center to center for the first three (3) holes on each end, spacing between to be approximately six (6) inches center to center. Fabric covering shall be attached to a metal roller by means of large -headed roofing nails fitted solidly into these holes. When using steel rollers, no center supports shall be necessary on awnings under twenty (20) feet. Over twenty (20) feet, center supports shall be spaced as follows: 1 1 1 CONSOLIDATED-SALINA � Awninq Lengths i i I 20 to 30 feet 30 to 40 feet 40 to 60 feet Number of Supports Necessary 1 2 3 And one additional center support for each additional fifteen (15) feet or fraction thereof. On awnings having an extension of four (4) feet or more from point of fastening on building, three-fourths (3/4) inch inside diameter galvanized pipe extension arms shall be used. No extension bars shall be used less than five-eighths (5/8) inch in diameter and shall be galvanized. Two arms shall be used for awnings not over twenty (20) feet in length. On awnings over twenty (20) feet, a center arm must be provided for each additional eight (8) feet or fraction thereof added to the length of the awning. Awnings suspended on lateral arms shall require number of arms as per following schedule: Awning Lengths 0 to 22 feet 22 to 30 feet 30 to 40 feet Number of Arms Required 2 3 21 And one additional arm for each ten (10) feet or fraction thereof thereafter. Wherever possible an even number of lateral arms shall be used. Front bars shall be galvanized one (1) inch inside diameter or Grade "A" Clear Fir or comparable timber dressed to size two (2) inches by three (3) inches and corners properly beveled. Roller awnings shall be operated by self-locking, steel cut, worm -type gear fixtures.; Roller sprocket wheels and link chains are not permitted. The design, construction and erection details of all awnings, other than those herein specifically provided for, shall be submitted to the Building Official for approval before erection work is started. (c) Venetian Awnings. No awning, shutter or louver of metal, wood or other rigid material shall be erected or maintained in such a way that it will impede the entrance into the building of members of the Fire Department, or in such a manner that it will bar the way of persons seeking to escape from fire or panic in a building, and no shutter or louver of this type shall be placed in any opening giving access to a fire escape or other intended means of escape. No fixed frame shall be placed on any window or door opening in an assembly hall or public building hallway in an apartment or hotel CONSOLIDATED-SALINA D building, but nothing shall prohibit the erection of such an awning on these openings provided they can be opened as provided in the following paragraph. Any awning, shutter,or louver of metal, wood or other rigid material attached to the windows of a building above the first story shall be arranged in such a manner that it may be easily opened so as to afford easy ingress and egress, and such awning, shutter or louver shall -be constructed so that it may be easily opened from both the inside and outside without any special tool and without special knowledge or skill. No awning, shutter or louver of metal, wood or other rigid material weighing over one (1) pound per square foot shall be attached to the wood jambs, frames or other wood members of a building (frame buildings excepted) when such building is within ten (10) feet of public property. All venetian awnings erected above the first story shall be equipped with at least one safety chain securely fastened to the awning and frame. (d) Suspended Canopies.shall be supported throughout by metal framework. They may extend over public sidewalks or parking portions of a public street to a distance not to exceed twelve (12) feet but in no case shall the outer edge of a suspended canopy be closer to the vertical plane of the curb than two (2) feet and in no case shall it be over ten (10) feet in width measured parallel to the building. The ground area of a suspended canopy shall not exceed ninety (90) square feet. All such suspended i I canopies shall be securely and rigidly supported and maintained so that no part of the frameworks of such suspended canopy shall be less than eight (8) feet above the surface of the sidewalk immediately below and no part of such canopy covering, including any fringe, apron, skirt, valance or drop shall be less than seven (7) feet three (3) inches above the surface of the sidewalk immediately below. (e) A Supported Canopy may be erected for a period of not to exceed seven (7) days when approved by the Building Official: Provided, That the fee is paid and the permit is secured: Provided, however, That a supported canopy may be erected for a period of not to exceed twenty-four (24) hours and no permit or fee will be required. All sup- ported canopies shall be adequately supported and braced and shall be safely maintained and well lighted at night, and the abutting property owners shall save the City of Salina harmless from all claims of every kind or nature arising out of the erection, use and dismantling of such canopy over public property. (f) Marquees extending over public property shall have their main framework and support of noncombustible material and shall be designed by a structural engineer and approved by the Building Official. They shall have a clearance of at least eight (8) feet above public property, and shall not extend closer to the vertical plane of the curb than two (2) feet. The roof shall be so drained as not to discharge water upon the sidewalk. 1 CON SOIL (DATED- SAL INA (g) Permanent Awning, extended over public property, shall be of rigid construction, so designed that the roof portion shall be partly open to insure release of air pressure i built up under the awning. The structure shall be well braced and securely fastened i to the building to which it is attached. The method of construction and attachment shall be approved by the Building Official. No part of any permanent awning shall be j clos6r to the public walkway below than seven (7) feet nor shall it extend more than eight (8) feet from the face of the building to which it is attached. No awning of this description within fourteen (14) feet of the walkway shall be closer than two (2) feet from the vertical plane of the curb. 8-304,: Not to Interfere with Fire Escapes or Utilities. Provision shall be made that suspended or supported canopies, permanent awnings or marquees shall not interfere with fire escapes or with public utilities. 8-305. Alleys. All awnings, permanent awnings, canopies and marquees which project over public alleys shall, in addition to complying with the requirements provided for in Section 8-303, be at least fourteen (14) feet above the surface of the i alley immediately below. I 8-306. Exceptions. The provisions of this article shall not apply to awnings, marquees or canopies heretofore erected in accordance with ordinances then in effect, but when recovers, renewals, replacements, repairs or structural changes are made to such awnings, canopies or marquees, they shall be brought into full compliance with the provisions of this article. 8-307. Permits Revocable. Any permit granted to erect awnings, permanent awnings, canopies or marquees or portion thereof so as to project into a public street or alley is revocable by the City of Salina when, in the judgment of the Board of Com- missioners, it is for the best interest of the city that such permits be revoked. 8-308. Penalty. It shall be unlawful for any person, firm or corporation to construct, erect, enlarge, alter, repair, use or maintain any awning, Venetian awning, suspended canopy, supported canopy, marquee or permanent awning contrary to any pro- vision of this article. Any person firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Fifty Dollars ($50) for each offense, and each day of violation of this article shall be considered a separate offense. CONSOLIDATED-SALINA J 1 1 8-309. Saving Clause. In the event any part or provision of this article is held to be illegal or void, such action shall not have the effect of making void or illegal any of the other parts or provisions hereof, which may or shall be determined to be legal, and it shall be presumed that the article would have been passed without such illegal or invalid part or provision. Article 4. Signs 8-401. General Provisions 8-402. Permits Required; Fees 8-403. General Sign Regulations 8-404. Ground Signs 8-405. Billboards or Poster Panels 8-406. Roof Signs 8-407. Projecting Signs 8-408. Wall Signs 8-409. Temporary Signs 8-410. Illuminated Marquees 8-411. Signs: License; Bond or Insurance 8-412. Obscene Matter Not to be Displayed 8-413. Board of Appeals 8-414. Penalty 8-415. Saving Clause 8-401. General Provisions. (a) Sign—Defined. For the purpose of this article, "sign" shall include any electric sign, signboard, billboard, posterboard, transparency, banner, poster panel, bulletin, sign device, any announcement, decoration, demonstration, display or insignia used to advertise or to promote the interest of any person, firm or corporation wherein the same is placed, out of doors, upon buildings or structures or upon constructed surfaces detached from or attached to or supported by buildings, other structures or the ground and shall also include the sign supports and appurtenances necessary thereto. (b) Si_Ts Classified_ for_Regulation. For the purpose of this article, signs are hereby classified as follows: wall signs, ground signs either portable or fixed to the ground, billboards or poster panels, roof signs, projecting signs, temporary signs and flags, banners and pennants. LJ CONSOLIDA i ED-SALINA 8-402. Permits Required; Fees. (a) Permit Application. No advertising sign subject to the provisions of this article shall hereafter be hun_9 or erected until after a permit to hang, erect or locate the same has been obtained from the Chief Building Inspector or his authorized assistant. No such permit shall be issued by said Inspector until an application has been filed in his office showing the plans and specifications, including stress diagrams or tabulated stre8ses, dimensions, materials,; and details of construction, together with complete details showing methods of anchor- ing proposed signs or until the applicant has paid the prescribed fee: Provided, That portable ground signs not over eight (8) square feet in area may be erected or located without the necessity of obtaining a permit: Provided further, That no sign erected or constructed prior to the passage of this article for which a permit is required for original construction shall be relocated, rebuilt or remodeled without coming into compliance with the provisions hereof and until after a sign permit has been obtained to effect such alteration or relocation. (b) Fees. Any person, firm or corporation desiring a permit under the provisions of this article shall, at the time of receiving such permit, pay to the City of Salina the fee of Two Dollars ($2) for each permit. 8-403. General Sign Regulations. (a) Wind_Pressure;_Anchorage. Every sign must be constructed and braced to withstand a horizontal wind pressure of thirty (30) pounds for every square foot of surface exposed. Every sign attached to a building shall be securely attached by iron or metal anchors, bolts, supports, chains, stranded cables or steel rods, and all supports, braces and anchors shall be kept in good repair, and unless galvanized, shall be painted once every two (2) years. (b) Illumination_of Signs. (1) No sign of any description shall be illuminated other than by electricity and all signs so illuminated shall be constructed entirely of metal or other incombustible material except the insulation thereof. (2) All wiring, sockets, receptacles, switches, conductors and their supports shall be constructed and installed in accordance with the Electrical Code of the city and shall be subject to the inspection and approval of the City Electrical Inspector. (c) Placing of_Signs. No sign of any description shall be so erected or placed so as to obstruct the doors and windows of any building or otherwise prevent free ingress or egress to or from any window, door or fire escape; not shall any sign be attached in any form, shape or manner to any part of a fire escape. I � I CONSOLIDATED- SAUNA u 1 1 (d) Prohibited Signs. No sign of any description shall be hung, installed or supported in any manner on or off a building, which will in any way hinder or conflict with traffic signals and no sign shall be permitted which will tend to impersonate or create a similarity to any traffic regulatory device or emergency vehicle lights. All flashing signs existing at the time this code takes effect and being like or similar to flashing traffic signs or flashing signs in the streets to indicate construction work shall be removed within one (1) year. (e) Unsafe_Signs. The Chief Building Inspector shall notify the owner or person maintaining any sign which has become insecure or in danger of falling or otherwise unsafe, that such sign is unsafe. Upon receipt of said notice the owner or person maintaining said sign shall proceed immediately to place said sign in a safe and secure manner and condition as approved by the Chief Building Inspector or said owner shall have the sign removed. (f) Maintenance and Removal. All advertising signs as regulated by this article must be maintained in good condition and the owner thereof shall repair the same when ordered to do so by the Chief Building Inspector: Provided, That in the event that any sign is not maintained in good condition so as to meet the approval of the said Inspector, then he may order the same to be removed withina reasonable time. (g) Dimensions. In all cases the size, dimensions, elevations and projection of signs erected, located or suspended under the provisions of this article shall be ascertained as follows: (1) The size and dimension by measuring from edge to edge thereof, including ornamentation; (2) The elevation by measuring from the sidewalk to the lowest edge thereof, including ornamentation; and (3) The projection by measuring from the lot line or face of building wall, to the outer edge thereof, including ornamentation. 8-404. Ground Signs. (a) Defined. Ground signs as used in this article shall mean any advertising sign not attached to a building, other than a billboard or poster panel, erected upon or supported by the ground, and either affixed in the ground or portab. (b) Construction. (1) Outside the fire limits, ground signs may be constructed of combustible materials. Within the fire limits, structural members of ground signs must be made of noncombustible material. The faces, letters, figures, characters or representation ih cutout or irregular form, decorations and structural trim of ground signs may be made of approved combustible materials. CONSOLIDATED-SALINA 1 L 1 (2) Letters, figures, characters or representation in cutout or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure. (c) Location—and—Support. All affixed ground signs shall be adequately supported and braced or guyed. Where any part of an affixed ground sign projects over rights of way of public streets or alleys, the sign shall be considered as a projecting sign and subject to the regulations pertaining to such signs. (d) Special Portable_Sign Regulations. No portable ground sign maintained within one (1) foot of public property shall exceed eight (8) square feet in single face area, or shall the highest point of such sign be more than four and one-half (42) feet above grade. All portable signs shall be weighted to prevent overturning. No portable sign shall be located, placed or maintained within the lines of any street, right of way, alley or public grounds. 8-405. Billboards or Poster Panels. (a) Defined. A billboard or poster panel as used in this article shall mean any board or panel erected, constructed or maintained for the purpose of displaying outdoor advertising by means of painted letters, posters, pictures and pictorial or reading matter, either illuminated or nonilluminated, when such sign is supported by uprights or braces placed upon the ground. The term "advertising" shall not be deemed to include statements pertaining to a business con- ducted within or on the premises on which the sign is maintained. Any billboard erected above or over the roof or parapet of a building shall be classified as a roof sign for the purpose of this article. (b) Materials;_Construction;_Location. No billboard or poster panel constructed entirely of combustible material shall be at any point over fourteen (14) feet above the ground level, or be located within the limits of Fire Zone Number One, but when facing of a billboard or panel is constructed entirely of noncombustible materials excepting only that the battens, ornamental molding, platform and decorative lattice work are of combustible material said billboard or poster panel may be erected to a height not exceeding thirty-five (35) feet above the ground level in any location where the erection of said billboard or poster panel is not in conflict with the zoning ordinances. (c) Open_Space_and_Lattice_Work. Every billboard or poster panel less than fifteen (15) feet from a public sidewalk shall have an open space of not less than three (3) feet between the lower edge of such signboard and the ground level, which space may be filled in with decorative lattice work of light wooden construction. CON SOL IDATED-SALINA 1 1 1 (d) Responsibility_of Owner to_Maintain Premises. Any person, firm or corporation occupying any vacant lot or premises with a billboard or poster panel shall be subject to the same duties aryl responsibilities as the owner of the lot or premises, with res- pect to keeping the same clean, sanitary, inoffensive and clear of all noxious sub- stances in the vicinity of such billboard or poster panel, and with respect to the removal of snow from the sidewalk in front thereof. 8-406. Roof Signs. (a) Defined. A roof sign as used in this article shall mean any sign erected upon or maintained upon a roof or parapet wall of any building. (b) General Location—on Roof. No sign shall be placed upon the roof of any building so as to prevent the free passage from one part of the said roof to any other part thereof, or interfere with any openings in such roof and no sign that is placed upon the roof of any building shall project beyond the edge of said roof in any direction. All roof signs shall be so constructed as to leave a clear space of not less than four (4) feet between the roof level and the lowest part of the sign structure and shall have at least five (5) feet of clearance between the vertical supports thereof; and every roof sign shall be set back at least three (3) feet from the face of any front or rear wall. (c) Materials. Every roof sign shall be entirely of noncombustible construction, including the uprights, supports and braces of the same and all materials shall be incombustible except that the ornamental moldings and battens behind the steel face may be of wooden construction. (d) Erection. All roof signs erected upon buildings which are of wood joist roof construction shall have bearing plates. (e) Sizei Height_and Anchorage. No roof sign structure having a tight, closed or solid surface shall be at any point over twenty (20) feet above the roof level. Roof sign structures, not having a tight, closed or solid surface may be erected upon fire- proof buildings to a height not exceeding thirty-five (35) feet above the roof level and upon all other buildings to a height not exceeding thirty (30) feet above the roof level; but the portions of such structure covered and exposed to wind pressure shall not exceed thirty-five per cent (35%) of the area thereof. All such signs shall be thoroughly secured to the building as provided by Section 8-403. (f) Maintenance and Removal. Upon inspection, the Chief Building, Inspector may order the removal of any such signs that are not maintained in accordance with the provisions of Section 8-403. CONSOLICATED-SALIVA t 8-407. Projecting Signs. (a) Defined. A projecting sign as used in this article shall mean any painted lettering, cutout lettering, device or representation placed upon wood, metal or pressed board used in the nature of advertising erected and suspended at right angles and projecting from the walls of any building and which extends more than fifteen (15) inches from the wall. (b) Heights Size_and_Location. (1) No sign shall be hung or erected on the front side or court wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wall. (2) No projecting illuminated sign shall be affixed to a building so that the lowest overhanging part thereof shall be less than ten (10) feet above the level of the sidewalk or ground. No such sign projecting from a building shall extend more than eight (8) feet beyond the lot line or the face of the building, and no such sign shall extend beyond a vertical plane two (2) feet in back of the face of the curb. A pro- jecting sign attached to a corner of a building and parallel to the vertical line of such corner shall be deemed to be erected at a right angle to a building wall. (3) No projecting sign shall be affixed to a building so that the lowest over- hanging part thereof shall be less than eight (8) feet above the level of -the sidewalk or ground. No such sign shall project more than three (3) feet from the building wall, except that a sign of identification and building number may be attached directly under a marquee extending not less than seven and one-half (72) feet from the sidewalk or ground. 8-408. Wall Signs. (a) Defined. A wall sign as used in this article shall mean any painted lettering, cutout lettering, device or representation placed upon wood, metal or pressed board used in the nature of advertising and attached directly to the building wall and which extends not more than fifteen (15) inches from the face of the building. (b) Materials. Surface and face of all wall signs must be of metal or other incom- bustible materials except the ornamental moldings surrounding the same may be of wood or other combustible materials. (c) Location_and_Hei_qht. A wall bulletin may be placed upon the front, rear, side or court wall of any building when it does not extend beyond the building line more than six (6) inches, if less than ten (10) feet above the sidewalk level and more than fifteen (15) inches if ten (10) feet or more above the sidewalk level. Lighting reflectors on top of a wall sign may extend not more than eight (8) feet over public property and all of such reflectors shall be not less than ten (10) feet above sidewalk level. CONSOLIDATED-SALINA (d) Lncborage. All such wall signs shall be securely and safely attached to a building wall as provided by Section 8-403. I 8-409. Temporary Signs. (a) Defined. A temporary sign is any sign, sign device, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard or other material, with or without frames, intended to be displayed for a short period of time. (b) Placing and Time—Limitation. Temporary signs may be placed flat upon the front wall of a building and kept in place for a period of not to exceed thirty (30) days upon securing a permit. All such signs shall not extend above or beyond the wall of a building on which they are placed or extend more than twelve (12) inches from the face of the wall. (c) Temporary_Bannersi Pennants_, Etc.,_O_yer Streets. No banner, bunting, pennant, ornament or flag (except the.flags of the United States and the State of Kansas) shall be suspended or projected over the streets, avenues, alleys or of -her public property of the city when used for business advertisements or for personal or corporate gain or publicity; Provided, That a permit may be issued by the Chief Building Inspector for the temporary suspension or projection of any such banner, bunting, pennant, ornament or flag over the streets, avenues, alleys or other public property for a period not to exceed thirty (30) days when the same are to be used for conventions, receptions and occasions in which the public in general is concerned. (d) Placing and Maintenance of_Temporary_Signsi Unlawful—Acts. It shall be unlawful for any person, firm or corporation to cover entirely the front or rear doors and windows of any business building with paint, cloth or paper signs placed either on the i inside or outside thereof. It shall be the duty of the proprietor, manager or person in charge of control of such business building to leave a transparent opening in the doors and windows of not more than five and one-half (5-4) feet above sidewalk level so that persons on the outside may detect a fire within such building= Provided, That the transparent portion of the window or opening shall be unobstructed by curtains, draperies, papers or other materials and shall be not less than two (2) feet square in area. It shall be unlawful to erect or maintain a projecting sign made of combustible or incombustible framework covered with cloth, cardboard or paper upon which a sign or advertisement is painted or printed and no such cloth or paper shall be spread over or suspended from any existing projecting sign or canopy. CONSOLIDATLD-SALINA 1 1 8-410. Illuminated Marquees. Marquees of permanent construction may be illuminated' by electric lights and the name of the building, the name of the owner or occupant and the street number may be made a part of such marquee: Provided, That in the case of a theater or other place of public amusement, a daily program may be outlined upon such marquee by the use of changeable letters or characters. 8-411. Signs: License; Bond or Insurance. (a) No person, firm or corporation shall engage in the business of sign hanging, or the erection of signs within the cor- porate limits of the City of Salina without complying with the provisions of this article.) There shall be a license fee of Twenty-five Dollars ($25) per year for such person, firm or corporation engaged in the business of sign hanging and the erection of signs. All persons engaged iri the business of sign hanging and the erection of signs will come under this license except those who are employed by contractors carrying a license. There shall be a separate license for each place of business conducted by any person, firm or corporation: Provided, That nothing in this section shall prevent any person, firm or corporation from hanging or erecting any sign or signs to be used in advertising the business of such a person, firm or corporation, but strict compliance must be made at all times in the hanging of such signs with the provisions of this article. The license shall be valid until December 31 of the year issued. A new license will be issued for the ensuing year if the fee is paid by January 15. If the fee is not paid on or before January 15, a new application must be made and fee paid before a license will be issued. No person, firm or corporation shall engage in the busines of sign hanging or the erection of signs in the City of Salina without first obtaining from said city a license for so doing; and before any such license is issued said person, firm or cor- poration shall execute and deliver to the City of Salina a good and sufficient surety company bond in the sum of Five Thousand Dollars ($5,000) to be approved by the City Attorney and so conditioned that said person, firm or corporation will pay any and all damages which may occur to any citizen or property on account of defective construction of signs and to further save and indemnify and hold harmless the City of Salina against all liabilities, judgments damages, costs and expenses which may in anywise accrue against said city in consequence of the §ranting of such license or permit. In lieu of such bond, the said person, firm or corporation may execute a written agreement promising to pay any and all damages which may occur to any citizen or property on account of defective construction of signs and to further save and indemnify and hold harmless the City of Salina against all liabilities, judgments,; damages, costs and COWSOL:DATED-SALINA 1 u I expenses which may in anywise accrue against said city in consequence of the granting of such license and permit, said written agreement to be accompanied by a certificate of insurance evidencing the fact that said person, firm or corporation has in force and effect a policy of insurance covering public liability and in the same or a greater amount than the bond heretofore required, which agreement and certificate of insurance shall be subject to approval by the City Attorney. A bond or written agreement and certificate of insurance as herein required shall be kept in force and effect at all times during the life of the license so issued as aforesaid. (b) Any person, firm or corporation desiring to erect or hang a sign or signs to advertise the business of such person, firm or corporation in the City of Salina, shall furnish to the said city the same kind and character of a bond, or in lieu thereof, shall furnish the same kind and character of written agreement and evidence of public liability insurance as required above, which instrument or instruments shall be subject to the approval of the City Attorney, and which said bond or written agreement and certificate of insurance shall be kept in full force and effect for such time as such sign or signs remain in place. 8-412. Obscene Matter Not to be Displayed. No obscene matter shall be displayed upon any sign. 8-413. Board of Appeals. The Board of Appeals provided for in Section 107 of the National Building Code, 1955 edition, incorporated by reference in Section 8-201 of this code is hereby made a Board of Appeals for this article relating to signs, with the same procedure and with the same powers as provided in said Section 107. 8-414. Penalty. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than Two Hundred Dollars ($200), or by imprisonment in the city jail for not more than sixty (60) days, or by both such fine and imprisonment. Each and every day or portion thereof during which a violation of this article is committed, continued or permitted shall constitute a separate offense. 8-415. Saving Clause. If any section, subsection, sentence or phrase of this article is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the remaining provisions of this article. CONSOL?DATED-SALINA 1 1 1 Article 5. Electrical Code 8-501. Electrical Inspector: Building Official Ex Officio 8-502. Inspector's Duties 8-503. Entering Buildings 8-504. Special Decisions 8-505. In Case of Fire I 8-506. Electrical Contractor's License; Insurance; Bond 8-507. Permits and Fees 8-508. No Permit Until License Secured and Other Provisions Complied With 8-509. Wires Over Streets j 9-510. National Electrical Code Incorporated by Reference 8-511., Service Entrances i 8-512. Overhead Wiring 8-513. Meter Location 8-514. Low Ceiling Wires 8-515. Conduit or Metal Raceways 1 8-516. Defective 'Wiring 8-517. Bathroom Lights 8-518. Fixture Supports 8-519. Armored Cable 8-5T0. Setting Meters 8-521. Wires Interfering With Firemen 8-522. Concealed Wiring 8-523. Alteration or Changing 8-524. Inspections 8-525. Classification of Electrical Mechanics 8-526. Master Electrician 8-527. Journeyman Electrician 8-528. Apprentice Electrician 8-529. Master Electrican Required 8-530. Board of Examiners 8-531. Meetings of Board of Examiners 8-532. Examinations 8-533. License Fees: Journeyman Electrician; Master Electrician 8-534. License -Revoked CONSOLIDATED-SALINA LJ 1 1 8-535. Grandfather Clause 8-536. Release of Responsibility 8-537. Enforcement 8-538. Penalty 8-539. Invalidity 8-501. Electrical Inspector; Building Official Ex Officio. The Electrical Inspector shall be a competent electrician and well versed in the rules and require- ments of the National Electrical Code. Before assuming authority conferred by this article, the Electrical Inspector shall take oath usually administered to other city officials, and shall give a bond to the City of Salina in the penal sum of One Thousand Dollars ($1,000), conditioned upon the faithful performance of his duties: Provided, That the Building Official, if qualified, may at the direction of the City Manager, be appointed as such Electrical Inspector, in which event however, said Building Official shall receive no further or other salary or remuneration than that due him as said Building Official. (Ord. 6075, Sec. 1, 7-20-56) 8-502. Inspector's Duties. The Electrical Inspector shall have general super- vision over the placing and installation of all electric lights, heat and power wires, fixtures, appliances, conductors, apparatus and their supports in and upon all buildings, shops, outhouses, sheds, trailer parks and all other structures within the City of Salina, in accordance with the provisions of the ordinances of the city governing the placement and installation of electrical wiring and appliances therein. It shall be the duty of said Electrical Inspector to inspect, or cause to be inspected by competent deputies appointed by him, all electric light, heat and power wires, fixtures and appliances, conductors, apparatus and their supports placed in or upon any building within the City of Salina regardless of whether such placing or installation is done or made by persons, firms or corporations engaged in other business, but doing their own electrical construction and maintenance work through men in their own employ. (Ord. 6075, Sec. 2, 7-20-56) 8-503. Entering Buildings. The said Electrical Inspector or competent assistant appointed by him shall have the right, during reasonable hours, to enter any building, manhole or subway in the discharge of his official duties or for the purpose of making any test of the electrical apparatus or appliances therein contained and for that pur- pose shall be given prompt access to all buildings private or public, and to all manholes and subways, upon application to the company or individual owning or in CONSOLIDATED-SALINA J 1 charge or control of the same, and it shall be unlawful for any such owner or person in charge thereof to refuse to permit or prevent the Electrical Inspector from entering such building, manhole or subway. (Ord. 60.75, Sec. 3, 7-20-56) 8-504. Special Decisions. The Electrical Inspector shall decide all questions not provided for in this article pertaining to installation, operation or maintenance of electrical wiring and apparatus. (Ord. 6075, Sec. 4, 7-20-56) 8-505. In Case of Fire. The Electrical Inspector, the Fire Chief or his deputy shall have the power to, at once, cause the removal of all wires or the turning off of all electrical current where the same shall interfere with the work of the Fire Depart- ment during the progress of a fire. (Ord. 6075, Sec. 5, 7-20-56) 8-506. Electrical Contractor's License; Insurance; Bond. All persons, firms, partnerships or corporations engaged, or hereafter engaging in the business of installing or repairing electric wiring, lighting fixtures, equipment, devices or electrical apparatus of any nature, except measuring equipment installed by and remaining the property of the utility company supplying the service, in or on any building, structure, sign or premises within the City of Salina, having qualified as elsewhere required in this article, shall first procure from the City Clerk an electrical contractor's license, which license if obtained and so long as in force shall entitle the holder thereof to engage in the business of electrical wiring for the transmission of electric energy for light, heat and power. The annual fee for such license to each person,firm, partnership or corporation engaging in the business of an electrical contractor shall be Fifty Dollars ($50) for the first year and Twenty-five Dollars ($25) for each consecutive renewal thereafter. (Those holding such licenses at the time of the enactment of this article will only be required to pay the renewal fee.) The holder of said license shall conspicuously post or display said license in the public reception area of his place of business. It shall also be required of the holder of an electrical contractor's license as a condition to the issuance thereof, that he shall procure and maintain in full force for the duration of the license, bodily injury and property damage insurance in the minimum amount of $25,000%50,000 (Twenty-five Thousand Dollars ($25,000) each person, per accident, Fifty Thousand Dollars ($50,000) limit per accident) as well as property damage liability in the minimum amount of Twenty-five Thousand Dollars ($25,000) per accident. Proof of the above coverage shall be on file with C ONSi 1LIDATED-SALINA r J 1 1 the city at all times and shall be approved by the Board of Commissioners. Before any person, firm, partnership or corporation shall be granted said contractor's license, said person, firm, partnership or corporation shall execute a good and sufficient surety bond in the sum of Two Thousand Dollars ($2,000), the same to be approved by the Board of Commissioners, conditioned upon the good and faithful performance of work done by him or them, upon any building or premises within the city and to hold the city harmless on account of any damage arising from faulty work or neglect of duty in to protection of the public. It shall be unlawful for any person,firm, partnership or corporation or agent thereof to engage in`such business before securing such license and until the furnishing and approval of such bond. The above mentioned electrical contractor's license shall not be transferable. Said license may be suspended or revoked as set out in Section 8-534 of this article for willful and persistent violation of the provisions of this article. (Ord. 6075, Sec. 6, 7-20-56) 8-507. Permits and Fees. No corporation, copartnership, association or individual shall make any installation of wiring for the transmitting of electrical current for light, heat or power or make any changes or additions to any wiring that has already been installed in or upon any building in the City of Salina, without the owner or electrical contractor,or person doing such work first obtaining from the Electrical Inspector a permit covering such work. A complete record shall be kept by the Elec- trical Inspector of all such permits issued and he shall make a thorough inspection of all work covered by such permits issued. Such inspections shall be made in accordance with the rules of the National Board of Fire Underwriters and ordinances of the City of Salina that have been enacted or may hereafter be enacted and collect the following fees from the electrical contractor, individual or property owner at the following rates: (a) For first ten (10) openings, roughing -in inspection, per opening . . . . . . . . . . . . . . . . . . . . . . . . . . $0.15; (b) Additional openings, roughing -in inspection, per opening .05; (c) For finish inspection, first ten (10) fixtures, switches or receptacle ;devices, each . . . . . . . . . . . . . . . . . . .15; (d) Additional devices or fixtures . . . . . . . . . . . . . . . . .05; (e) Each motor of one (1) horsepower or less . . . . . . . . . . . .25; (f) Each motor rated above one (1) horsepower and including five ( 5 ) horsepower . . . . . . . . . . . . . . . . . . . . . . .50; C'OYcOMDATED-SALINA �I 1 (g) Each motor rated above five (5) horsepower and including ampere . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25; (s) Each air conditioner to two (2) ton, including service to one hundred (100) ampere . . . . . . . . . . . . . . . . . . 1.25; (t) Each air conditioner over two (2) ton, per ton . . . . . . . .25; (u) Each electric dryer and service to one hundred (100) ampere . 1.25; (v) Not otherwise specified, per hour . . . . . . . . . . . . . . 3.00; (w) No inspection service or reinspection service rendered for less than . . . . . . . . . . . . . . . . . . . . . . . . . . .50. Whenever current is turned on before the entire work covered by the permit is finished and approved, there shall be paid to the Electrical Inspector an additional inspection fee for each subsequent inspection in addition to the regular fees above provided for. Upon final inspection and approval of any work and upon payment of all fees herein provided for, the Electrical Inspector shall furnish in duplicate to the party to whom the permit was issued his certificate showing such approval, one copy of which shall be furnished to the company furnishing the electric current before such current shall be turned on. All fees collected by and paid to the Electrical Inspector or to any of his assistants or deputies shall be paid into the City Treasury and accounted I for by the Electrical Inspector, and a duplicate report and account of all moneys I I collected by him shall be filed with the City Clerk and all moneys shall be paid into the City Treasury not later than the tenth (10) day of the month following the month in which such collections were made. This article shall not be construed to mean that ten (10) horsepower . . . . . . . . . . . . . . . . . . . . . $0.75; (h) Each motor rated above ten (10) horsepower and including twenty (20) horsepower . . . . . . . . . . . . . . . . . . . 1.00; (i) Each motor rated above twenty (20) horsepower . . . . . . . . 1.50; (j) Each electric sign . . . . . . . . . . . . . . . . . . . . . 1.50; (k) Each picture machine or stereoptican . . . . . . . . . . . i . .75; (1) Switchboards, per panel . . . . . . . . . . . . . . . . . . . 1.00; i (m) Decorative or outline lighting, per circuit . . . . . . . . . .50; (n) Each neon tube or transformer . . . . . . . . . . . . . . . . .25; (o) Each service entrance one hundred (100) ampere or less . . . 1.00; (p)Each service entrance 20 , two hundred ( 0) ampere and four hundred (400) ampere . . . . . . . . . . . . . . . . . . . . 2.00; (q) Each service entrance above four hundred (400) ampere . . . . 3.00; (r) Each electric range including service to one hundred (100) ampere . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25; (s) Each air conditioner to two (2) ton, including service to one hundred (100) ampere . . . . . . . . . . . . . . . . . . 1.25; (t) Each air conditioner over two (2) ton, per ton . . . . . . . .25; (u) Each electric dryer and service to one hundred (100) ampere . 1.25; (v) Not otherwise specified, per hour . . . . . . . . . . . . . . 3.00; (w) No inspection service or reinspection service rendered for less than . . . . . . . . . . . . . . . . . . . . . . . . . . .50. Whenever current is turned on before the entire work covered by the permit is finished and approved, there shall be paid to the Electrical Inspector an additional inspection fee for each subsequent inspection in addition to the regular fees above provided for. Upon final inspection and approval of any work and upon payment of all fees herein provided for, the Electrical Inspector shall furnish in duplicate to the party to whom the permit was issued his certificate showing such approval, one copy of which shall be furnished to the company furnishing the electric current before such current shall be turned on. All fees collected by and paid to the Electrical Inspector or to any of his assistants or deputies shall be paid into the City Treasury and accounted I for by the Electrical Inspector, and a duplicate report and account of all moneys I I collected by him shall be filed with the City Clerk and all moneys shall be paid into the City Treasury not later than the tenth (10) day of the month following the month in which such collections were made. This article shall not be construed to mean that CONSOLIDA?ED-SALINA 1 � I a permit will be required before replacing defective minor devices such as lighting switches or receptacles. No inspection will be required. (Ord. 6075, Sec. 7, 7-20-56) 8-508. No Permit Until License Secured and Other Provisions Complied With. No permit, as provided for in Section 8-507 of this article, shall be granted or issued to any person, firm or corporation unless and until such person, firm or corporation shall have secured and paid for a license as required by Section 8-506 of this article and unless and until all other provisions and requirements necessary to be done and per- formed prior to the granting of any such license or permit shall have been fully complied with by the person, firm or corporation applying for such permit. (Ord. 6075, Sec. 8, 7-20-56) 8-509. Wire Over Streets. Every corporation, copartnership, association or individual owning or operating a'utility line of wires over streets, alleys or buildings in the city shall use only wires that are suitable and strong; shall suitably and safely attach them to strong and sufficient supports and insulate them at all points of attachment; shall remove all wires --Abandoned for use; shall suitably insulate every wire where it enters a building and if such a wire is other than wire designated to carry an electric light or power current, it shall be attached at suitable and convenient points in the circuits, calculated to prevent danger from fire and near the place of entering the building by an appliance calculated to prevent at all times a current of electricity of such intensity of volume as to be capable of injuring electrical instruments or cause fire from entering by means of such wire beyond the point at which such appliance is attached. (Ord. 6075, Sec. 9, 7-20-56) 8-510. National Electrical Code Incorporated by Reference. The installation of electrical wiring and apparatus for the utilization of electric current shall be made in accordance with the 1959 edition of the National Electrical Code published by the National Fire Protection Association, the same also published by the National Board of Fire Underwriters. S id 1959 edition of the National Electrical Code and the errata sheet, published by the National Fire Protection Association or as published by the National Board of Fire Underwriters is incorporated herein by reference and is made a part of this article. (Ord. 6075, Sec. 10, 7-20-56) CONSOLIDATED-SALINA 1 n 8-511. Service Entrances. Each service entrance shall be provided with a readily accessible main disconnecting means with appropriate overcurrent protection. It shall, in one operation, disconnect all current carrying conductors from the source of supply. Service entrance conductors shall be in rigid conduit in the fire zone. In other areas, electrical metallic tubing may be used. No service entrance conduit shall be smaller than one and one-fourth (14) inch trade size, and it shall be brought out on the alley side of the building. (Where there is no alley, or more than one alley, the electrical contractor must consult the'_Electrical Inspector before the service entrance is installed.) Service entrance conductors shall not be brought out of the building over thirty (30) feet from the ground. Service entrance conductors shall not be run within the hollow spaces of frame buildings unless provided with automatic tripping circuit breaker protection at their outer end. The minimum size for service entrance conductors shall be two (2) insulated conductors of not less than one hundred (100) ampere capacity each and one No. 6 copper conductor for the grounded neutral conductor. No service shall be installed that is of less than one hundred (100) ampere capacity. No service shall be designed to accommodate less than twelve (12) single pole circuit breakers, or a fuse panel of equal capacity. Exception; If a service entrance is designed for three-phase power wiring exclusively, it need be only of sixty (60) ampere capacity or of a capacity to handle the load as computed in accordance with Section 8-510 of this article. 8-512. Overhead Wiring. All wires from house to garage, or other outbuildings shall not be less than ten (10) gauge and shall be properly supported by approved insulating devices. (Ord. 6075, Sec. 13, 7-20-56) 8-513. Meter Location. Meters shall be located on the outside of the house, on the side that faces the existing or proposed electric distribution system and shall be mounted five (5) feet above ground level. Where these conditions cannot be met, or where it is necessary to install current and/or potential transformers for metering purposes, the electrical contractor making the installation shall contact a representative of the electric utility company, and the two of them shall work out a location for the metering transformer box or the meter satisfactory to all parties concerned. (Ord. 6075, Sec. 14, 7-20-56) CONSOLIDATED-SALINA 1 'l 1 8-514. Low Ceiling Wires. When wires are run beneath the ceiling in kitchens or other rooms where the ceiling is not over eight (8) feet, the same shall be run in metal moulding or metal conduits. (Ord. 6075, Sec. 15, 7-20-56) 8-515. Conduit or Metal Raceways. Approved metallic conduits and approved metal raceways and no other method shall be used for enclosing all electric light and power wiring in new buildings, the rewiring of old buildings and in any installation in old buildings, or additions thereto located within the fire limits, also in churches, theaters, schools and other places used for public gatherings, garages designed for the occupancy of more than two (2) cars, commercial houses, manufacturing plants of all i descriptions and apartment houses designed for the occupancy of more than three (3) families and all office buildings in the City of Salina. Type MI cable may be used in cold storage areas. (Ord. 6075, Sec. 16, 7-20-56) 8-516. Defective Wiring. The Electrical Inspector shall make a thorough inspec- tion of all electrically wired buildings within the city upon request, or whenever he deems it necessary and where wires or appliances used therein are in dangerous or unsafe condition so as to endanger life or property, and upon discovering defects therein, he shall notify in writing the person, firm or company owning, using or operating same, giving said person, firm or company a reasonable period of time in which to place said defective wires or appliances in a safe, secure and noninterfering condition. Any person, firm or company owning, using or operating said defective wires or appliances, neglecting or refusing within said time to make the necessary repairs or changes and to have nec- essary work completed within the specified time, shall be deemed guilty of a violation of this article. The Electrical Inspector shall then have authority to order the sup- plying company to discontinue electric service to said defective wires or appliances until such defects shall be repaired in accordance with the requirements of this article. No corporation, copartnership, association or individual or agent thereof shall supply or cause to be supplied any electric current to conductors or apparatus which has been found by said Electrical Inspector to be in an unsafe condition or which has not been installed in conformity with the provisions of this article and from which the said Electrical Inspector has ordered the electric current to be turned off. (Ord. 6075, Sec. 17, 7-20-56) VONSOIADATED-SALINA J 8-517. Bathroom Lights. Bathroom lights hereafter installed must be operated by toggle wall switches or ceiling pull switches. All bathroom outlet boxes and switch boxes shall be properly grounded by an equipment ground wire run with the circuit. (Grounding requirement not mandatory if outlets are in conduit which has been properly grounded.) (Ord. 6075, Sec. 18, 7-20-56) 8-518. Fixture Supports. All lighting outlets shall have suitable supports for the fixture to be supported therefrom. pp (Ord. 6075, Sec. 19, 7-20-56) 8-519. Armored Cable. Armored cable may not be used without special permission from the Electrical Inspector. (Ord. 6075, Sec. 20, 7-20-56) 8-520. Setting Meters. No person or company furnishing electrical power or current shall set meter or turn current on any new wiring or repaired or altered wiring before receiving an inspection certificate from the Electrical Inspector certifying his approval of such wiring. (Ord. 6075, Sec. 21, 7-20-56) 8-521. Wires Interfering With Firemen. No wire or wires shall be installed or operated or maintained over any street, alley, sidewalk or building in the City of Salina which shall be liable to seriously interfere with the work of the Fire Department in the use of ladder or other apparatus, or which shall obstruct or render hazardous the use of fire escapes, or which shall render any street, alley or s1dewalk dangerous or hazardous to any person traveling thereupon and on complaint of the Fire Chief, said obstructing wires shall be removed or properly rearranged. (Ord. 6075, Sec. 22, i 7-20-56) 8-522. Concealed Wiring. No corporation, copartnership, association or individual or agent thereof shall hereafter conceal or cause to be concealed any electrical wiring or apparatus mentioned in this article until after the same has been inspected and approved by the Electrical Inspector and the Electrical Inspector is hereby authorized and directed to remove any flooring, lathing or plaster, sheet metal or other material which may conceal any electrical wiring or apparatus contrary to the provisions of this article. (Ord. 6075, Sec. 23, 7-20-56) C CIN SpLIDATED-SALINA 1 1 8-523. Alteration or Changing. No alteration or change shall be made in the I electric wiring or apparatus located within a building for use in connection with the production of electric light, heat or power, nor shall any apparatus be installed in any building therefor, nor shall any change be made in any wiring or apparatus after inspected without first notifying the Electrical Inspector and causing the same to be inspected as a new installation. (Ord. 6075, Sec. 24, 7-20-56) 8-524. Inspections. Upon the completion of the installation of electrical wires and apparatus in any building for use in connection with electric light, heat or power, it shall be the duty of the corporation, copartnership, association or individual doing the same to notify the Electrical Inspector or competent assistant deputized by him who shall, at once, inspect the same and if approved by him, the Electrical Inspector or deputy shall issue a certificate of satisfactory inspection, which shall contain the date of inspection and outline of the results of such examination and shall post notice to that effect at the main cutout center and said notice shall be considered as an express permission to conceal said electrical wiring and apparatus, but no certificate shall be issued unless all apparatus, wires, etc., connected therewith are in strict conformity with the rules and regulations herein set forth, nor shall current be turned into any wiring or apparatus until a certificate of satisfactory inspection is issued. (Ord. 6075, Sec. 25, 7-20-56) 8-525. Classification of Electrical Mechanics. There are hereby established the following classes of electrical mechanics. (Ord. 6075, Sec. 26, 7-20-56) 8-526. Master Electrician. A master electrician shall certify at least six (6) i years of practical experience in the electrical trade doing the type of work that he will be required to perform, supervise or direct. Two (2) years satisfactory work at an I accredited trade school, or a college degree in electrical engineering and four (4) years of practical experience may be accepted in lieu of the foregoing requirements. (Ord. 6075, Sec. 27, 7-20-56) 8-527. Journeyman Electrician. A journeyman electrician shall certify at least, four (4) years of practical experience in the electrical trade doing the type of work that he will be required to perform, supervise or direct. Two (2) years satisfactory work at an accredited trade school, or a college degree in electrical engineering and three (3) years of practical experience may be accepted in lieu of the foregoing requirements. (Ord. 6075, Sec. 28, 7-20-56) CON SOLIDATED-SALINA i 1 1 8-528. Apprentice Electrician. Any electrician who has not acquired the necessary i longevity of experience to be eligible to become a journeyman electrician, or who, with the necessary longevity of experience, has not obtained a journeyman electrician's license is classified as an apprentice electrician. Except by special written per- mission issued by the Board of Examiners, he shall not work except under the direct supervision of a licensed journeyman electrician or master electrician, properly licensed by the City of Salina. Any person who has had his license revoked for cause shall not be allowed to work as an apprentice electrician without the express consent of the Board of Examiners. (Ord. 6075, Sec. 29, 7-20-56) 8-529. Master Electrician Required. Each firm, person, partnership or corporation holding an electrical contractor's license as elsewhere set forth in this article shall have in his employ at all times not less than one person holding a valid master elec- trician's license. One and the same person may hold the electrical contractor's license and the master electrician's license. A master electrician may be in the employ of only one person, firm, partnership or corporation holding an electrical contractor's license. The holder of an electrical contractor's license shall keep the Electrical Inspector informed in writing as to the person or persons holding a master electrician's license in his employ. The file containing this information shall be open to the inspec- tion of any person holding an electrician's license of any classification as set forth in this article, any person, firm, partnership or corporation that holds an electrical contractor's license or any other qualified person. (Ord. 6075, Sec. 30, 7-20-56) 8-530. Board of Examiners. There is hereby created a Board of Examiners of five (5) persons, to be appointed by the Board of Commissioners to pass upon the qualifications as elsewhere set forth in this article, of all persons engaging in the installation or repairing of electric wiring, lighting fixtures, equipment, devices or electrical apparatus of any nature, except measuring equipment installed by and remaining the property of the utility company supplying -the service, in or on any building, structure, sign or premises within the City of Salina. Two (2) members of said Board of Examiners shall be selected from available licensed electrical contractors and two (2) shall be selected from available licensed master electricians or licensed journeyman electricians, each of whom shall have been engaged in the respective business of electrical contractor or electrician in the City of Salina for at least five (5) years preceding the date of CONSOLIDATED-SALINA J D 1 appointment, except that the appointment of the initial electrician members of the Board shall be made without the requirement as to license. A person holding a license as an electrical contractor may serve only as an electrical contractor member on this Board. The fifth member of said Board will be the duly appointed and qualified Electrical'. Inspector of the city. The appointed members of this Board shall be appointed by the Mayor, by and with the consent of the Board of Commissioners of said city, and shall hold their office for terms of two (2) years, and until their successor is appointed and qualified. (Ord. 6075, Sec. 31, 7-20-56) 8-531. Meetings of Board of Examiners. It shall be the duty of the members of said Board of Examiners under such rules and regulations as they shall prescribe, to hold meetings at such times and in such places as may be fixed by said Board for the purpose of passing upon the qualifications of parties desiring licenses to perform electrical wiring and electrical work within the City of Salina. The Board of Examiners shall conduct examinations with regard to the practical knowledge of electrical wiring and operation of tools of the trade, and as to the applicants knowledge of the funda- mentals of electricity. An applicant shall submit evidence to prove this longevity of experience requirements as set up under Classification of Electrical Mechanics as set forth in this article, before he shall be eligible for examination. (Ord. 6075, Sec. 32, 7-20-56) 8-532. Examinations. It shall be the duty of the Board of Examiners to conduct examinations of applicants for journeymen and master electrician, licenses. The examin- ation shall consist of questions, problems and demonstrations designed to show the extent of the applicant's knowledge concerning the detailed provisions of the Electrical Code of the city and the Natiora 1 Electrical Code, the practical experience in electrical work which the applicant has had, and the degree of proficiency he has attained. The examinations shall be given on the basis of the code current at the time of the examinatioi If the applicant does not meet the requirements of the Board of Examiners, he may not make a new application before a period of six (6) months has elapsed. After certifi- cation by the Board of Examiners, licenses may be issued by the City Clerk. (Ord. 6075, Sec. 33, 7-20-56) CONSOLIDATED -$ALMA 1 1 8-533. License Fees; Journeyman Electrician; Master Electrician. Any person making application to the Electrical Inspector for a master electrician's license or a journeyman electrician's license, shall pay to the Electrical Inspector at the time he makes application for said license a fee as set out below. If required to take an examination for said license as set out elsewhere in this article, the initial fee shall be Five Dollars ($5). If the applicant is proven unqualified to be issued a license, the Electrical Inspector shall retain the full amount of the fee. If the applicant proves to be qualified, he shall be issued said license and the Electrical Inspector shall retain the entire fee. If not required to take an examination (See Sec. 8-535), the initial fee shall be Three Dollars ($3). Renewals in all cases shall be One Dollar ($1). These licenses shall be valid until December 31 of the year issued and shall be renewed not later than January 15 of the following year, or said license shall be void, and new application must be made before license may be issued. (Ord. 6075, Sec. 34, 7-20-56) 8-534. License Revoked. Any master electrician'slicense or journeyman electricians license issued under this article, may be suspended for a definite length of time or revoked outright by the Board of Examiners for good and sufficient cause. The decisions are subject to written appeal to the Board of Commissioners, which shall be registered with the Electrical Inspector within ten (10) days. Any and all appeals arising from rulings of the Board of Examiners shall be expedited and completed not later than thirty (30) days after the appeal is registered. (Ord. 6075, Sec. 35, 7-20-56) 8-535. Grandfather Clause. It is not the intent of this article to deprive any person of his right to livelihood. Any person holding an electrical contractor's license at the time of the enactment of this article, shall, upon making application not later than sixty (60) days after the enactment thereof, be issued a license as master elec- trician after he has paid the required license fee for master electrician. (Ord. 6075, Sec. 36, 7-20-56) 8-536. Release of Responsibility. This article shall not be construed to relieve or lessen the responsibility of any corporation, copartnership, association, individual or agent thereof, installing, operating or controlling any electrical wiring or apparatus for damages to any one injured thereby, nor shall the city be held as assuming any liability by reason of the inspection authorized herein or certificate or permit pursuant to the provisions of this article. (Ord. 6075, Sec. 37, 7-20-56) CON SOIL I DA TED-SALINA 1 1 LJ 8-537. Enforcement. It shall be the duty of the Electrical Inspector to enforce the provisions of this article or any ordinance now in force or which may hereafter be adopted concerning electrical wiring or apparatus. (Ord. 6075, Sec. 38, 7-20-56) 8-538. Penalty. Any corporation, copartnership, association or individual or agent thereof found guilty of violating any of the provisions of this article or neg- lecting or refusing to comply with any orders or notices of the Electrical Inspector made pursuant to the provisions of this article, shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Fifty Dollars ($50) and the costs of prosecution for each and every offense. (Ord. 6075, Sec. 39, 7-20-56) 8-539. Invalidity. In the event any part or parts of this article shall be determined to be invalid, such determination of invalidity shall not affect any other portion of this article. (Ord. 6075, Sec. 40, 7-20-56) Article 6. Television and Radio Towers and Antennae 8-601. Permits for Erection of Radio and Television Towers and Antennae 8-602. Application for Permit; Permit Fees 8-603. Construction of Television and Radio Towers and Antennae 8-604. Code 8-605. Radio and Television Towers: Inspection 8-606. Radio and Television Towers Subject to Inspection; Unsafe Towers Removed 8-607. Certificate of Approval 8-608. Penalty 8-601. Permits for Erection of Radio and Television Towers and Antennae. No person, corporation or company shall erect or cause to be erected or reerected within the limits of the City of Salina any radio or television tower or antennae without first, before proceeding with the erection of any radio or television tower, except two-way (sending and receiving) radio towers and antennae, which would be extended more than ten (10) feet above the roof of the building upon which it is located or twenty-five CONSOLIDATED -SAUNA D L� (25) feet above ground level where it is supposed to be supported on the earth, obtaining a permit for such construction or erection from the Building Official. All such antennae, towers or antenna supports hereafter erected shall comply with and be erected in accordance with the provisions of this article. (Ord. 6253, Sec. 1, 7-15-58) 8-602. Application for Permit; Permit Fees. Before a permit is issued by the I i Building Official, the applicant therefor shall sign an application in writing which shall show the proposed location, size, nature and detail of construction of such antenna and tower, and any other information which the Building Official may require in connection therewith. If the antenna and tower to be erected as shown by such i application conforms with the provisions of this article, the Building Official shall, upon the payment of the fee of Three Dollars ($3) therefor, issue such permit. All such fees collected by the Building Official shall be by him paid into the City Treasury or to the City Clerk between the first and tenth of the month following their collection, together with a report to the City Clerk showing from whom and for what purpos such fees were collected. (Ord. 5734, Sec. 2, 11-21-52) 8-603. Construction of Television and Radio Towers and Antennae. All television and radio towers, excepting two-way (sending and receiving) radio towers and antennae, hereafter erected on the roof of a building within the limits of the City of Salina, shall not exceed a height of seventy (70) feet from earth ground level to the highest point of the antenna erected thereon, except on a building having four (4) or more stories in height, the highest point of the antenna shall not be treater than twenty- five (25) feet above the roof which supports such tower and antenna. All roof towers shall be guyed in compliance with the provisions for guying television and radio towers in this article, and shall be supported on the roof by suitable framework to distribute the tower load structurally safe for the roof. No such tower shall be erected on a roof except where the roof be designed or reinforced to safely support the imposed load of the tower and the thrust of the guy wires. Except self-supporting towers, all such towers shall be guyed with not less than three (3) cable guys for each thirty-five (35) feet or fraction thereof of the height from its support and all such towers shall be designed to safely resist a wind velocity of one hundred (100) miles per hour. All television and radio towers shall be grounded to the earth through a conductor having a current carrying capacity equal or greater than Number 8 copper wire having a ground CONSOLIDATED-SALINA shall be made in accordance with the 1959 edition of the National Electrical Code of the National Fire Protection Association or as also published by the National Board of Fire Underwriters. (Ord. 5734, Sec. 4, 11-21-52) NOTE: For incorporation of said code by reference, see Section 8-510. 8-605. Radio and Television Towers: Inspection. The installation of such facilities shall be completed within sixty (60) days following the issuance of a permit therefor. Upon completion of the installation, the permit holder shall immediately report the fact to the Building Official. Thereupon, the installation shall be finally inspected by the Building Official. (Ord. 5734, Sec. 5, 11-21-52) 8-606. Radio and Television Towers Subject to Inspection: Unsafe Towers Removed. All radio and television towers now or hereafter erected shall be, at all times, subject to the inspection of the Building Official or whenever any complaint has been made to him or whenever he deems such inspection necessary. If the Building Official at any time finds such tower insecurely anchored or in any manner unsafe or in such condition that it or any support or part thereof is liable to fall or break, he shall have authority to either order the same to be repaired or entirely removed, whichever in his opinion is necessary to make the tower safe and secure from falling. Any person, whether the owner of the tower or premises on which it is erected, or in charge of such premises as the occupant thereof, or agent, representative, officer or member of any firm or corpora- tion owning such tower or owning or occupying such premises, or in charge thereof, who refuses to comply with such order, shall be deemed guilty of a violation of this article. (Ord. 5734, Sec. 6, 11-21-52) 8-607. C6rtificate of Approval. If the installation complies with the provisions of this article, then the Building Official shall issue a certificate of approval. If i the installation does not comply with the requisites of the application for a permit and this article, then the deficiency shall be corrected forthwith or the installation shall be wholly removed. (Ord. 5734, Sec. 7, 11-21-52) I resistance at all times than not greater twenty-five (25) ohms, and the lead-in to i the receiver, if not bonded to the metal tower, shall provide lightning arrestors approved for such usage, outside of the building near the entrance to the wall, through I a conductor as herein provided for the tower, having a ground resistance of not more than twenty-five i (25) ohms. (Ord. 6253, Sec. 2, 7-15-58) 8-604. Code. The installation of all television and radio wiring or conductors shall be made in accordance with the 1959 edition of the National Electrical Code of the National Fire Protection Association or as also published by the National Board of Fire Underwriters. (Ord. 5734, Sec. 4, 11-21-52) NOTE: For incorporation of said code by reference, see Section 8-510. 8-605. Radio and Television Towers: Inspection. The installation of such facilities shall be completed within sixty (60) days following the issuance of a permit therefor. Upon completion of the installation, the permit holder shall immediately report the fact to the Building Official. Thereupon, the installation shall be finally inspected by the Building Official. (Ord. 5734, Sec. 5, 11-21-52) 8-606. Radio and Television Towers Subject to Inspection: Unsafe Towers Removed. All radio and television towers now or hereafter erected shall be, at all times, subject to the inspection of the Building Official or whenever any complaint has been made to him or whenever he deems such inspection necessary. If the Building Official at any time finds such tower insecurely anchored or in any manner unsafe or in such condition that it or any support or part thereof is liable to fall or break, he shall have authority to either order the same to be repaired or entirely removed, whichever in his opinion is necessary to make the tower safe and secure from falling. Any person, whether the owner of the tower or premises on which it is erected, or in charge of such premises as the occupant thereof, or agent, representative, officer or member of any firm or corpora- tion owning such tower or owning or occupying such premises, or in charge thereof, who refuses to comply with such order, shall be deemed guilty of a violation of this article. (Ord. 5734, Sec. 6, 11-21-52) 8-607. C6rtificate of Approval. If the installation complies with the provisions of this article, then the Building Official shall issue a certificate of approval. If i the installation does not comply with the requisites of the application for a permit and this article, then the deficiency shall be corrected forthwith or the installation shall be wholly removed. (Ord. 5734, Sec. 7, 11-21-52) CONSOLIDATED-SALINA I 8-608. Penalty. Any person who violates or refuses to comply with or who resists I or opposes the enforcement of any of the provisions of this article shall be deemed guilty of a public offense and shall, upon conviction thereof, be fined not less than I I Ten Dollars ($10) nor more than Two Hundred Dollars ($200) for each offense. Whenever in this article the word "person" is used, the same shall be deemed to apply to any agent, representative, member or officer of any firm or corporation owning or in charge of any such radio or television tower or responsible for the erection or maintenance of any such radio or television tower. Each day's continuance of any offense shall be a separate offense. (Ord. 5734, Sec. 85 11-21-52) I Article 7. Plumbing Code I i a Plumbers Examiners Board 8-701. Plumber's Certificate Required 8-702. Examination by Board 8-703. Board of Examiners: Appointment; Term; Compensation 8-704. Time and Places for Examination; 'That j i Examination Shall Cover; Certificate and Fees 8-705:1 Rules and Regulations I 8-706. Penalty to Sections 8-701 to 8-705 JbI Plumbing Code 8-707. Definitions 8-708. I Inspector i 8-709. Fees for Inspection 8-710. Final Inspection 8-711. Defective Plumbing 8-712. Application for Permit 8-713. Permit for Removal of Sidewalk or Paving 8-714. License and Bonds 8-715. Connections 8-716. i Earthware Pipe 8-717. Cast Iron Pipe 8-718. Steel Pipe: Quality and Coating of Pipe I and Fittings CONK-LIDAT. ED-$ALINA 1 I I j 8-719. Lead Pipe: Weight of Same 8-720. Sheet Lead 8-721. Cast Iron Soil, Waste and Vent Pipe 8-722. Galvanized Iron and Brass Vent Pipe 8-723. Galvanized Iron and Brass Vent to Cast i Iron I 8-724. Lead Pipe I 8-725. Lead to Iron Pipe I 8-726. Prohibited Joint 8-727. Expansion or Toggle Bolts 8-728. Traps and Cleanouts, Where Used 8-729. Cleanouts 8-730. Grade of Horizontal Pipes I 8-731. Change of Direction 8-732. Prohibited Fitting in Waste Lines I 8-733. 8-734. Drainage Exsavations Stack Supports 8-735. Old House Sewers 8-736. Drains to Curb ` I 8-737. House Sewer 8-738. Exhaust, Blowoff and Drip Pipe Connections 8-739. Connections with Conductors Prohibited 8-740. Soil and Waste Pipes i 8-741. Waste Pipe Sizes 8-742. Revent Pipe Stacks 8-743. Terminals 8-744. Terminals Adjoining High Buildings 8-745. Vents: Lengths from Traps 8-746. Main Vents I 8-747. Vent Pipe Grades and Connections 8-748. Sump Pits in Basement 8-749. Back Water Valves 8-750. Refrigerator Waste 8-751. i Air Conditioning Units and Water Softeners 8-752. Cross Connections 8-753. Kitchen Wastes I I CONSOLIDATED-SALMA 1 D 1 8-754. Garage Wastes 8-755. Materials 8-756. Water Closet Bowls 8-757. Frostproof Closets 8-758. Closet Flanges 8-759. Fixture Grounds 8-760. Urinals: Materials and Supply 8-761. Urinals, Group 8-762. Urinal Group Defined 8-763. Visible Trap Seal 8-764. Urinals 8-765. Fixtures 8-766. 'Water Supply Fixtures 8-767. Water Closets Supply 8-768. Covering or Concealing Work 8-769. Ventilators 8-770. Defective Work 8-771. Repairs 8-772. Septic Tanks 8-773. Inspectors Special Permit; Reconstruction 8-774. Not to Apply to Prior Plumbing 8-775. Durham Installation 8-776. Hot Water Heaters and Storage Tanks 8-777. Hot Water Heater Installation 8-778. Code �xaZa�Qxxx��fgras�.g�ms�x�x�k�x�x��tx�tg�a�axxa�aix��k�€mx 8-779. Board of Appeals 8-780. Penalty 8-7c1. Saving Clause a Plumbers—Examiners—Board 8-701. Plumber's Certificate Required. No person shall engage in or work at the business of plurpbing, either as a master plumber, employing plumber or as journeyman plumber in the City of Salina unless and until a certificate has been obtained by him therefor as provided for and in accordance with the provisions of subdivision (a) of C ONSOLiDATEA-SALINA 1 1 1 this article, or after any such certificate has been revoked as provided for in subdivision (a) of this article or similar ordinances of any city of Kansas having a population of seven thousand (7,000) or more, all as provided by Chapter 12, Article 15, General Statutes of 1949. (R. 0. 1948, 1-1201; G. S. 12-1501) 8-702. Examination by Board. Any person desiring to engage in or work at the business of plumbing, either as a master plumber, employing plumber or journeyman plumber in the City of Salina, shall make application to the Board of Examiners hereinafter provided for, and shall, at such time and place as said Board may designate, be compelled to pass such examination as to his qualifications as said Board may direct, I which examination may be made in whole or in part in writing, and shall be of a practical i and elementary character, but sufficiently strict to test the qualifications of the i applicant: Provided, That any person having a certificate issued by a board of plumbers i examiners of any city of Kansas having a population of seven thousand (7,000) or more as provided by Chapter 12, Article 15 of the General Statutes of 1949, shall be exempt from the provisions of this section. (R. 0. 1948, 1-1202; G. S. 12-1502) 8-703. Board of Examiners: Appointment; Term; Compensation. There shall be, in the City of Salina, a Board of Examiners of Plumbers consisting of three (3) members, one of whom shall be a member of the Joint City -County Health Department who shall be i ex officio chairman of said Board of Examiners; a second member who shall be a master plumber; and a third member who shall be a journeyman plumber; said second and third I members shall be appointed by the Mayor and approved by the Board of Commissioners, which appointment shall be for a term expiring on the first day of May following the effective date ,of this article, and such members shall thereafter be appointed annually before the first day of May for terms of one (1) year from the first day of May in the year of their appointment. The members of said Board shall receive as compensation such sum as the Board of Commissioners may hereafter designate and appropriate for such pur- pose from the Treasury of the city. (R. 0. 1948, 1-1203; G. S. 12-1503) 8-704. Time and Places for Examination; What Examination Shall Cover; Certificate and Fees. Said Board of Examiners shall, as soon as may be after their appointment, meet and shall then designate the times and places for examination of all applicants desiring to engage in or work at the business of plumbing within their jurisdiction. Said Board shall examine said applicants as to the practical knowledge of plumbing, house drainage and plumbing ventilation, and, if satisfied of the competency of such applicants, shall CONSOLIDATED-SALINA 1 1 1 thereupon issue a certificate to such applicant authorizing him to engage in or work at the business of plumbing, either as master plumber or employing plumber or as a journeyman plumber. The fee for the certificate for a master plumber or employing plumber shall be Five Dollars ($5); for a journeyman plumber, it shall be Two Dollars ($2). Said certificate shall be valid and have force throughout the state: Provided, That all persons holding certificates from other cities pursuant to the requisites of Article 15 of Chapter 12, General Statutes of 1949, shall be entitled to the privileges of other persons certified hereunder. All fees received for said certificate shall be paid into the Treasury of the city. (R. 0. 1948, 1-1204; G. S. 12-1504) 8-705. Rules and Regulations. All plumbers shall be governed by the ordinances of the City of Salina relative to plumbing and by such rules and regulations as may be provided for by ordinance and for any violation of the provisions of any such ordinance, the certificate in this article provided for, which may have been issued to any plumber authorizing him to engage in the business of plumbing in the City of Salina, or certi- ficate issued by any other city may be forfeited and revoked upon recommendation of the Board of Examiners of Plumbers, by the Board of Commissioners insofar as it relates to and authorizes such person to engage in the business of plumbing in the City of Salina. (R. 0. 1948, 1-1205) 8-706. Penalty to Sections 8-701 to 8-705. Any person who shall violate any of the provisions of Sections 8-701 to 8-705, both inclusive, of this article shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Five Dollars ($5) nor more than Fifty Dollars ($50) for each and every violation thereof, and each day upon which any such violation shall continue, and each act constituting a violation shall be deemed to be a separate and distinct offense. (R. 0. 1948, 1-1206) Jb) Plumbing_Code 8-707. Definitions. The words and phrases used in this article shall, for the purpose of this article, be construed as follows: (a) The word "person" shall be construed and held to be any person or persons, partnership, corporation, or any officer, agent, employee or servant of any corporation, or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called. C QN SOLID ATEED-SALINA 11 u (b) A master plumber is hereby defined as any person skilled in the planning, superintending, and the practical installation of plumbing, and after first having passed the verbal, written or mechanical tests required by the Board of Examiners. (c) The words"employing plumber" shall be construed and held to be any person who employs master plumbers or journeymen plumbers for the purpose of operating a plumbing business, and if an employing plumber is not himself a master plumber, he shall not engage in any plumbing business, or receive any license or permit to do any plumbing work in the City of Salina unless he has in his employ a master plumber holding a master plumber's certificate duly issued as required by the ordinances of the city. (d) A journeyman plumber is hereby defined as any person other than a master plumber, who,as his principal occupation, is engaged in the practical installation of plumbing, and having passed set requirements of the Board of Examiners as a journeyman plumber. (e) Plumbing is hereby defined to include the pipes, fixtures and appurtenances thereto, which are used to connect the water, sewage and gas from the main or property line and to distribute it in or about any premises or building, for any use whatever, and all pipes and appurtenances used or to be used for conveying sewage, liquids or water within and outside of foundation walls of any building and connected with the public sewers or private septic tanks, cesspools, and all pipes and appurtenances used to ventilate the drains, fixtures and traps in any building, so connected so that all pipes and connections through which gases, vapors or water of any kind may discharge into septic tanks and cesspools or public sewers. 8-7C8. Inspector. The office of Plumbing Inspector is hereby created, and he shall do and perform the duties of said Plumbing Inspector as prescribed in this article. Until otherwise provided for, the Building Inspector shall be ex officio Plumbing Inspector. The Plumbing Inspector shall have general supervision over the placing and installation of all plumbing, sewers, water connections and plumbing fixtures in and about all structures in the City of Salina. Special Decisions. The Plumbing Inspector shall decide all questions not provided for in this article pertaining to installation,,operation and maintenance of plumbing. 8-709. Feas for Inspection. The Plumbing Inspector shall collect an inspection fee of One Dollar ($1) for each fixture and water and sewer connection up to twelve (12), and Twenty-five Cents (25�) for each fixture and connection over twelve (12), to be paid by the party requiring his services, which fees shall be paid direct to the Plumbing Inspector to be accounted for by him and paid to the City Clerk in the same manner as CONSOL IDA ED -SALIVA �J 5 Fi other fees collected by him as Inspector shall be accounted for and paid. No person or persons shall hereafter connect with the sewer system or water mains without first having received a certificate from said Inspector, approving said sewer and plumbing and accepting such connection. The said Inspector may condemn and order disconnected any connection with said sewer system or water main for failure to comply with the provisions of this article. The said Inspector, at any reasonable time, shall have free access to all premises using said sewer system for the purpose of examining any connections therein. 8-710. Final Inspection. Final inspection of plumbing must be made when all supply piping is installed and all fixtures and traps are placed and the entire job is completed. The Plumbing Inspector shall, for this final inspection, collect and pay over, an inspection fee of One Dollar ($1) for the first five (5) fixtures and Twenty Cents (20f) for each additional fixture. When the plumbing in any building is completed the plumber shall secure for the owners of such building a certificate of inspection signed by the Plumbing Inspector, certifying that the plumbing work has been properly done and inspected and tested as required by the provisions of these rules. It shall be the duty of the Plumbing Inspector to issue such certifi- cates or release slip if work is approved. In the event the work is not ready for inspection, or is disapproved, a fee of Fifty Cents (50¢) shall be charged for each additional call of the Inspector. 8-711. Defective Plumbing. All house drains, waste, soil and -vent pipes, traps and water pipes in any building or premises shall be kept at all times in good order and repair so that no gases or odors shall escape therefrom and whenever the Plumbing Inspector shall find defects in any plumbing or drainage in violation of the require- ments of this article or any ordinance of the City of Salina, he shall order the same to be taken out or corrected and made to conform thereto. 8-712. Application for Permit. It shall be unlawful for any person to make or cause to be made, any connection with the sewer main or laterals or water mains in the City of Salina, or to install any plumbing work, the construction of which is regulated and governed by the provisions of this article, in any building or on any premises in the City of Salina, without securing a permit therefor from the Plumbing Inspector, an application for which shall first be made to such Inspector: Provided, That no such application or permit shall be required for repairing or replacing any old fixtures, C C^7EQi.IDATED-SALIVA D 1 C faucet or valve by a new one to be used for the same purpose, or for forcing out stoppage, repairing leaks or relieving frozen pipes or fittings, or other emergency repairs, but all such work shall comply with the requirements of this article. 8-713. Permit for Removal of Sidewalk or Paylnq. No permit shall be granted to any master or employing plumber or to any person to excavate or to take up pave- ment or sidewalks until a written application signed by said master or employing plumber or person, shall be given to the City Clerk, to be kept by him; such appli- cation to be made and all work thereunder to be done in strict ar:,ordance with the ordinances now in effect or hereafter enacted. Sidewalks and pavement on publiq property shall be replaced by the City of Salina as provided by this code. 8-714. License and Bonds. All master plumbers or employing plumbers, before being granted a permit by,the City Clerk to engage in the plumbing business or to work in said city, must pay to said City Clerk a license fee of Twenty-five Dollars ($25) per year and procure from him a license to do such work, and execute to the city a surety bond in the sum of Two Thousand Dollars ($2,000) to be approved by the City Attorney, conditioned for the good and faithful performance of work to be done by him upon the sewer system or water ,pains of the city, or the connection therewith and to hold the city harmless from all damage from open trench work or otherwise, or on account of careless or negligent work. The license shall be valid until December 31 of the year issued and shall be renewed not later than January 15 the following year and if not so renewed a new application must be made before a license is issued. In addition thereto, there shall be a Twenty-five Dollars ($25) deposit paid in to the City Clerk by each master and employing plumber doing plumbing business in the City of Salina, and this deposit shall be kept at all times at Twenty-five Dollars ($25). No license shall be issued to or bond accepted from any applicant until he has first complied with all the provisions of any ordinance requiring examination and/or certi- ficate. 8-715. Connections. All service pipes and connections in said city, over, through or along any street, lane, avenue or alley, from the corporation cock on the water mains to the stop cock shall be of cast iron or type K copper pipe. Flared or silver soldered copper or brass fittings, shall be used in making such connections. At the point of connection with the corporation cock,the copper pipe shall be bent in an "S" or other form to allow for movement of the pipe. All service pipes shall be CON SOL ]DATED -SA LINA J L laid at least three (3) feet below the surface and be so protected as to prevent rupture from freezing or damage from other causes. All joints and connections shall be of brass, screw type flared or silver soldered copper fittings. Each ser- vice shall be furnished, at the curb line, with a round way "T" handle, brass stop or curb cock with an inverted key -cock or one and one-fourth (14) inch and larger may be one hundred twenty-five (125) pounds gate valves located not more than twelve (12) inches from the street curb: Provided, That the Superintendent of the Waterworks Department of the City of Salina may direct or permit the curb cock to be placed in i a different location where he deems it necessary or advisable:, Provided. further, That where more than one consumer is served through a single service pipe, a curb cock and stop box j shall be provided for each branch of such service. The curb cock shall be protected I by an approved service box, the top of which shall be flush with the top of the ground or curbing and shall reach from the pipe to the surface. A stop and waste cock shall be placed inside of the foundation of the building to be used by the consumer for shutting off the water to avoid damage or waste of water in case of accident or cold weather. All water pipes and branches inside of the building shall drain toward this cock. All such service pipes and all other cocks, "T's" CONSOLIDATED-SALINA 1 1 or equivalent material, or cast iron soil pipe may be used calked with lead and oakum. The same size pipe shall be used as for the house outlet, and in no case shall it be less than four (4) inches for single family and six (6) inches for more than one (1) family and all buildings other than dwellings. Fittings shall be "Y's", one-eighth (1/8) curves and sweep one-fourth (4) inch curve only. 8-717. Cast Iron Pipe. All cast iron pipe and fittings shall be sound, cylindrical and smooth, free from cracks and holes and other defects, of a uniform thickness and not lighter than commercial grade known as extra heavy. All pipe shall be coated at the factory with asphaltum or coal -tar pitch. Standard soil pipe may be used for the vent stack extending above the inlet of the highest fixture to and through the roof. 8-718. Steel Pipe: Quality and Coating of Pipe and Fittings. All iron pipe used for vent pipes.shall be galvanized steel and malleable fittings shall be galvanized, or black cast iron fittings may be used. 8-719. Lead Pipe: Weight of Same. All pipe used for branch, soil, waste vent or flush pipes shall be of the best quality of drawn pipe of not less weight per lineal foot than shown in the following table: Interior Diameter 11 inches 12 inches ;2 inches 3 inches 4 inches Weight Per Foot 3 lbs. 4 lbs. 4 oz. 6 lbs. 6 lbs. 3 oz. 8 lbs. 8-720. Sheet Lead. Sheet lead for roof flashing shall not weigh less than four (4) pounds to the square foot and shall extend not less than six (6) inches from the pipe, and the joint shall be made watertight. Moulded lead flash of approved type may be used. 8-721. Cast Iron Soil, Waste and Vent Pipes. All joints in cast iron pipe shall be made with lead, well caulked and not less than one (1) inch deep, and no paint, varnish or putty shall be applied until the joints have been tested. Oakum shall be used to prevent the lead from running through the joints. All joints shall be made gas and watertight. CONSnLIDAT%D-SALINA 1 1 1 8-722. Galvanized Iron and Brass Vent Pipes. Joints in galvanized iron or brass pipes shall be standard screw joints and all joints shall be made up with white or red lead or mineral paint. 8-723. Galvanized Iron and Brass Vent to Cast Iron. Connections between galvanized iron or brass vent to cast iron shall be either caulked joint or screw joint. 8-724. Lead Pipe. Joints in leadp�p z e or between lead pipes and pipes of brass or copper shall in all cases be full wiped joints. 8-725. Lead to Iron Pipe. All connections of lead to iron pipe shall be made with a cast brass or copper ferrule, or solder nipple on galvanized iron vents, the same size as the opening into the iron soil or vent pipe, and the lead neatly and sub- stantially joined to the brass or copper ferrule or solder nipple on galvanized iron pipe by a wiped joint and then caulked into the hub of the iron pipe with oakum and molten lead the same as for iron soil pipe joints, or threaded and screwed on gal- vanized iron vent pipes. 8-726. Prohibited Joint. Any fitting or connection which has or forms an enlargement, chamber or recess with a ledge, shoulder or reduction of the pipe area in the direction of the flow on the outlet or drain side of any trap is prohibited. 8-727. Expansion or Toggle Bolts. Connections of hangers, pipe supports or fixtures, settings with masonry or stone backing shall be made with expansion or toggle bolts. 8-728. Traps and Cleanouts, Where Used. Each single fixture, except those I wasting as prescribed under this article, shall be separately trapped by a water seal trap, which trap shall be vented and placed as close to the fixture as possible. (a) Kind_of Trams. Every trap shall be self-cleaning. Brass tubing traps shall be not less than seventeen (17) gauge thick. No form of trap which depends upon action of movable parts for its seal shall be used. No trap which depends upon concealed interior portions for its seal or which has an interior partition, that in case of defect would allow the passage of sewer air, shall be used. Each lead drum trap shall be inverted, where possible, and shall be vented from underneath the floor as near the top of the trap as possible with lead pipe neatly wiped into the trap and carried above C_ nN60LTDATF.D-S ALINA 1 1 the water line near the fixture. All vent lines shall in no case be less than the schedule of size as herein given for the different classes of fixtures. Traps for basins, sinks or other similar fixtures shall be made of lead or brass. All bathtub traps shall be not less than four (4) inches in diameter and eight (8) inches deep drum traps. (b) g9ater Seal. Each trap shall have a water seal of not less than two (2) inches. i (c) Cleanouts. Traps placed beneath the floor shall have a brass trap screw for cleaning in plain view or flush with the floor or readily accessible from or under the floor. (d) Trap_Levels and Protection. All traps shall be rigidly supported and set true, with respect to their water level, and shall be so located as to protect their seal. 8-729. Cleanouts. Cleanouts shall be of the same size as the pipe, up to four (4) inches in diameter, and shall be not less than four (4) inches for larger pipe traps. Cleanouts shall have at least four (4) inches long body with airtight screw joints with brass plugs. Cleanouts shall be provided at the foot of all vertical lines of soil pipes and at the end of each horizontal line, and at each change of direction which is more than five (5) feet in length. The distance between the cleanouts shall not exceed fifty (50) feet. There shall be at least one four (4) inch cleanout provided on in the house drain. C. 0. Tee may be located two (2) feet outside of foundation/first floor concrete slab construction. Intermediate cleanouts may be made with T cleanouts with brass plug, the same shall be flush fitting with cleanout plug the same size as the plug. All underground traps and cleanouts inside a building, except where the cleanout traps are flush with the cellar floor, shall be made accessible by manholes with proper metallic covers and all exterior underground traps with accessible cleanouts shall be also placed in manholes. All traps and cleanouts shall be located as to be.easily accessible for cleaning. 8-730. Grade of Horizontal Pipes. All horizontal piping shall be run in prac- tical alignment and at a uniform grade not less than one-fourth (4) inch per foot where possible for soil or waste pipes and house drains suspended by iron hangers, posts or wall ledges; and not less than one-eighth (1/8) inch per foot for vent or ventilation pipes. 8-731. Chance of Direction. All changes of direction of horizontal runs shall be made with Y's, sixth, eighth or sixteenth bends. Sanitary tee may be used in a vertical line. One-fourth (1) bend may be used in a horizontal run to a vertical drop and under closets. CONSOLIDATED-SALINA 1 1 1 I 8-732. Prohibited Fittings in Waste Lines. Offsets, double hub, tapped screw fittings or straight tees shall not be used in a horizontal or vertical run. 8-733. Drainage Excavations. All excavations required to be made for the installation of a house drainage system or any part thereof within the walls of a building shall be open trench work. All such trenches shall be kept open until piping has been inspected. 8-734. Stack Supports. All free standing stacks shall be thoroughly supported at their base, and those twenty (20) feet or more in height shall also be provided with supports at every floor. The pipe supports according to their location shall be made either of heavy iron hangers, wall brackets or steel fittings, concrete or masonry piers: Provided: That no brick pier shall be less than eight (8) inches square. The use of pipe hooks shall be prohibited for larger than one and one-half (12) inch pipes. Horizontal waste pipe shall be supported with not lighter than sixteen (16) gauge by seven -eighths (7/8) inch wide perforated strap iron. 8-735. Old House Sewers. Old house drains may be used to connect with new buildings or new plumbing when they are found, on examination and test, to conform in all respects to the requirements governing new sewers or drains, as prescribed in this article. 8-736. Drains to Curb. Where there is no storm sewer accessible, drainage of surface inlets and rain water conductors may be drained separately to the curb line where practicable by drain pipes not less than four (4) inches in diameter and discharge into the public gutter. 8-737. House Sewer. The drain containing the house sewer, beginning three (3) feet outside the building wall shall consist of four (4) inch sewer tile or four (4) inch cast iron pipe, but in no case shall it be smaller than the waste pipe size as required by Section 8-741. It shall not be laid closer than three (3) feet to any exterior wall, cellar, basement, well or cistern or less than two (2) feet deep, without special permission. Change in direction shall be made with long curves, one-eighth (1/8) bends of Y's. No person or persons other than duly bonded and licensed plumbers of the City of Salina, or their duly authorized employees shall be permitted to open or connect any private or public building service to any city sewer whatsoever. Overflow CONSOLIDATED -SALIVA 1 1 pipes from cisterns shall not connect with any house sewer. 8-738. Exhaust, Blowoffs_and Drip Pipe Connections. The exhaust, blowoffs, sediment or drip pipe from a steam boiler shall not connect directly with any sewer, drain, soil or waste pipe. Blowoff pipes shall discharge into the top and above the line of discharge, of a suitable tank or condenser made of wrought or cast iron, provided with a relief pipe of at least two (2) inches in diameter, extending to the outer air. 8-739. Connections With Conductors Prohibited. Conductor pipes shall not be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipe connected to sanitary sewer be used as conductor pipe. 8-740. Soil and Waste Pipes. All main and waste pipes, except as otherwise provided in this article, shall be cast iron, extra heavy soil pipe of the following weights: 2 inches 5 lbs.per foot 3 inches 9 lbs. per foot 4 inches 12 lbs. per foot 5 inches 1 15 lbs. per foot 6 inches 19 lbs. per foot with corresponding fittings. Lead bends and drum traps used shall be extra heavy lead. 8-741. Waste Pipe Sizes. The minimum inside diameter of soil pipe or lead waste pipe to any fixture shall be as follows: (1) seven (a) One/to/(7)water closets, four (4) inch for main line; (b) Eight (8) to twelve (12) closets, five (5) inch for main line; (c) More than twelve (12) water closets, one line of waste pipe, six (6) inch pipe shall be used for main line; (d) Private kitchen sinks, one and one-half (12) inch waste; (e) Hotel or restaurant sinks, two (2) inch waste; (f) Slop sinks, waste full size of opening in sink; (g) Garage drains or sand traps, four (4) inch yvaste; (h) Grease traps, waste must be size of opening in trap but in no case less than two (2) inch waste; (i) Hotel dish washers, one and one-half (12) inch waste; CONSOLIDATED-SALTNA 1 C D (j) Bathtubs, one and one-half (12) inch waste; (k) Lavatories, one and one-half (12) inch waste; (1) Laundry tubs, one and one-half (1L) inch waste; (m) Drinking fountains, one and one-fourth (11) inch waste; (n) Bar sinks and drains, two (2) inch waste; (o) Independent showers, two (2) inch waste; (p) Sitz baths, one and one-half (12) inch waste; (q) Combined laundry tubs and sinks, one and one-half,(12) inch waste; (r) Bedets, four (4) inch waste; (s) Pedestal type urinal, four (4) inch waste; (t) Urinals, not less than one and one-half (12) inch waste or size of waste opening I in fixtures; (u) Floor drains, two (2) inch waste or full size of the drain opening; (v) Automatic washers, two (2) inch waste of extra heavy soil pipe; (w) Where more than one (1) fixture enters the same line, the waste shall be increased) one size at the junction up to two (2) inches; (x) Where drum trap is wet vented through the lavatory waste, the tub waste size shall be one and one-half (12) inches. 8-742. Revent Pipe Stacks. The revent pipe stack shall be as follows: (a) Closets, two (2) inches for thirty (30) feet or less; (b) Kitchen sinks, one and one-fourth (14) inches for thirty (30) feet or less; (c) Urinals, one and one-half (12) inches for thirty (30) feet or less; (d) Pedestal urinal, two (2) inches for thirty (30) feet or less; (e) Bathtubs, one and one-fourth (14) inches for thirty (30) feet or less; (f) Bathtub with lavatory (wet vent), one and one-half (12) inches for thirty (30) feet or less; (g) Lavatories, one and one-fourth (14) inches for tYirty (30) feet or less; (h) Laundry tubs, one and one-half (12) inches for thirty (30) feet or less; (i) Slop sinks, two (2) inches for thirty (30) feet or less; (j) Combination sinks and tubs, one and one-half (12) inches for thirty (30) feet or less; (k) Bar sinks and drains, one and one-half (12) inches for thirty (30) feet or less; (1) Independent showers, deep seal trap, no vent; (m) Sitz bath, one and one-fourth (14) inches for thirty (30) feet or less; (n) Drinking fountains, one and one-fourth (14) inches for thirty (30) feet or less; (o) Grease traps, two (2) inches for thirty (30) feet or less. COV SQLIDATED-SALINA �l All lines of vent pipe to any one fixture more than thirty (30) feet in length shall be increased one size up to sixty (60) feet in length and two (2) sizes I up to one hundred (100) feet in length. In any case where a closet or pedestal urinal is located on horizontal branch in excess of five (5) feet from the main line of soil stack, it shall be vented by running a separate vent of not less than two (2) inches internal diameter. This vent may be carried through the roof or connected to the main vent stack not less than one (1) foot above the water line of the highest fixture. This vent shall be taken out of the branch i line to the closet at a point as near the bottom of the closet as possible, carried above the water line of the fixture, or by inserting a four (4) by j two (2) fitting in waste line as near the lead connection as possible. In any case, when two (2) or more fixtures are connected to one line of vent pipe,; the line of pipe above or beyond the junction points shall be increased one size for each fixture so connected up to two (2) inch pipe. In no case shall there be more than ten (10) fixtures connected to a two (2) inch vent pipe. All lines of revent pipe must be carried in the most direct line possible from the trap it serves to its outlet and it can either be connected to the main soil stack not less than one (1) foot above the water line of the highest fixture or be carried through the roof independently. If it is run through the roof, it shall be flashed the same as for main soil stack. 8-743. Terminals. The roof terminals of all vent p pes shall be at least three (3) feet above any door, window, scuttle or air shaft, when located at distances less than twelve (12) feet from such terminal. 8-744. Terminals Adjoining High Buildings. No soil, waste or vent pipe extension of any new or existing building shall be run or placed on the outside of a wall, but shall be carried up inside to and through the roof. In the event that a new building is built higher than an existing building, the owner of the new building shall not locate windows within twelve (12) feet of any existing vent stack of the lower building, unless the owner of such new building shall defray the expenses of, or shall himself make such alteration to conform with this article. It shall be the duty of the owner of the lower or existing building to make such alterations therein upon receipt, in advance, of money or security therefor, sufficient for the purpose from the owner of the new or higher building, or to CONSOLIDATED -SAUNA 1 1 permit the election of the owner of the new or higher building to make such alteration by the owner of said new or higher building. 8-745. Vents; Lengths from Traps. The back vent of any fixture trap shall be as close to the traps as practicable, consistent with its location and effectiveness. The developed length of the wate pipe of any fixture from its trap to the vent pipe shall not exceed twenty-four (24) inches. 8-746. Main Vents. Every building in which water closets are installed shall have at least one (1) four (4) inch soil pipe stack extending through the roof. All main vents shall be connected, at their base, to the main waste or soil pipe at or below the lowest branch of fixture fittings, and shall be extended through and above the roof. 8-747. Vent Pipe Grades and Connections. All branch vent and back vent pipes shall be free from drops or sags and be so graded and connected as to drain back to the soil or waste pipe by gravity. On horizontal runs,such connections shall be taken off above the center line, as near the crown as possible above the water line fixture, before bei ng offset horizontally. 8-748. Sump Pits in Basement. All sump pits for cellar drains shall be con- structed of glazed, vitrified pipe of cement or brick plastered with Portland cement mortar, having an internal diameter of not less than fifteen (15) inches, and be fitted with cast iron or one-fourth (4) inch thick steel plate cover and be readily accessible for cleaning. The syphon jet drain, having city water connected to it, is prohibited on all future installations. Sump drains shall be provided with an electric pump having not less than one and one-fourth (1�) inch pipe size discharge. 8-749. Back Water Valves. When plumbing fixtures are installed in basements, where they come below the sidewalk grade, they shall have a gate valve between such fixtures and the main drain so that the fixtures above the basement floors can be used when said gate valve is closed. Said gate valve shall be of iron body with the hub ends for connecting drain. CON S OL IDATCD-SA LINA 1 1 D 8-750. Refrigerator Waste. Waste pipes from refrigerators, fountainsor bars, or other receptacles in which provisions are stored, shall not be connected directly with the drainage system, but shall be so arranged as to waste on an open tray in plain sight below the refrigerator. This tray may be connected with the drainage system upon being properly trapped and vented. I 8-751. Air Conditioning Units and Water Softeners. Wastes from water cooled air conditioningunits or from an such unit using a liquid to � y g q perform its function f and wastes from water softening units shall be in no case drained into alleys or into public streets, but shall waste into an open floor drain or basin the same as for refri- gerators. 8-752. Cross Connections. No cross connections shall be permitted between the city water supply and a waste line. 8-753. Kitchen Wastes. Kitchen or other greasy wastes from hotels, restaurants, club houses, public institutions or any establishments other than private residences in which cooking is done, or greasy wastes obtained, shall be intercepted by a catch basin or grease trap, of approved make, and then conducted to the house sewer. 8-754. Garage Wastes. All liquid wastes from garages and wash racks shall be intercepted before entering the sewer by a suitable catch basin, properly trapped, of a design to be approved by the Plumbing Inspector. 8-755. Materials. All receptacles used for water closets, urinals or otherwise I for the disposal of human excreta shall be either vitrified earthenware or cast iron I white porcelain enameled on the inside. If a cast iron is used, it shall be enameled or painted on the outside with at least three (3) coats of nonabsorbant paint. 8-756. Water Closet Bowls. The bowls and traps for water closets shall be made in one piece of such shape and form as to hold a sufficient quantity of water when filled up to the trap overflow, so as to completely submerge any matter deposited in same and properly flush and scour the soil pipe when contents of the bowls are dis- charged. Latrine closets are prohibited. CONSOIJDATED-SALINA 1 1 1 8-757. Frostproof Closets. Frostproof closets with tanks will not be permitted in public buildings or private residences without special permit from the Plumbing Inspector, but shall be permitted to be installed in outside closet buildings or ware - rooms when separately partitioned off and ventilated. Closets when so installed must be trapped with a half "S" trap constructed of cast iron and placed at the depth to prevent freezing. A four (4) inch main vent stack or two (2) inch revent shall be pro- vided, same as for other closets. No frostproof closet without flushing tank will be permitted. The door to such room shall open to the outside. 8-758. Closet Flanges. Closets connected by and through lead pipe must have suitable brass floor flanges securely soldered to lead pipe. When set on cement floor, cast iron soil pipe may be used in place of lead, using a cast iron floor flange caulked into the cast iron pipe. Cast iron bowls shall be lead and oakum caulked joints. i 8-759. Fixture Grounds. Whenever fixtures hang on walls there shall be grounds placed back of the lath and plaster that the hanger or brackets of the fixtures may be properly fastened thereto. This work shall be done before calling the Inspector. 8-760. Urinals: Materials and Supply. Urinals shall be of either enameled iron or procelain and, excepting flushometers, must be supplied from a tank or tanks or system, the water of which shall be used for no other purpose. 8-761. Urinals, Group. A group of urinals may be supplied from one (1) tank, the capacity of which is to be proportionate to the number of urinals supplied, but in no case shall be of a capacity of less than one (1) gallon for each urinal served. The flush pipes must be sufficiently large, or, the group may be flushed by a direct water supply through a brass pipe carried the full length of the trough, perforated every two (2) inches. 8-762. Urinal Group Defined. More than one (1) urinal shall be construed as being a group of urinals and the flush pipe or pipes thereto shall be so arranged as to provide an equalized pressure and volume of water to all and each urinal on the range. 8-763. Visible Trap Seal. All water closets and pedestal urinals with trap combined shall have visible trap seals. CONSOLIDATED -SALIVA 1 G 8-764. Urinals. All urinals, troughs or gutters other than those heretofore described shall be constructed of materials impervious to moisture and that will not corrode under the action of urine. In districts having no sewer connections, copper or galvanized iron urinal troughs may be used in outhouses, sheds, barns and in yards and at least twenty (20) feet distant from any building of a higher grade. ii 8-765. Fixtures. All fixtures having a waste either connected to the sewer, septic tank or open waste shall be trapped with a water sealing trap the same size as the minimum inside diameter given for waste pipes in this article, except bathtubs shall have four (4) inch by eight (8) inch lead drum traps, and in no case shall the trap exceed a dis- tance of two (2) feet from the fixture it serves. 8-766. Mater Supply Fixtures. Water closets, urinals or other plumbing fixtures shall be provided with a sufficient supply of water for flushing to keep them in a proper and sanitary condition. 8-767. Water Closets Supply. No water closet or urinal bowl shall be supplied directly from the water supply pipes excepting closets or urinals with flushometer valves with vacuum breakers. Every water closet or urinal bowl shall be directly flushed through a flushing tank of at least four (4) gallon capacity for water closets and two (2) gallons for urinals. The tank shall be properly supplied with water and the flush pipe to the water closet shall be two (2) inches from tank to bowl or one and one- half (12) inches for, flushometer, and urinals not less than one and one-fourth (1j) inches from flush tank to urinal or three-fourths (3/4) inch for flushometer, for all urinals except pedestal type shall have one and one-half (I-) inch flushometer supply. 8-768. Covering or Concealing dff Work. No part of any plumbing shall be covered or concealed by a corporation, copartnership, association or individual or agent thereof until the same has been inspected, tested and approved, except as previously provided for in this article. The Plumbing Inspector is hereby authorized and directed to remove any part of the building or structure which may conceal any plumbing or plumbing apparatus which has been covered or concealed contrary to this article. 8-769. Ventilators. No brick, sheet metal or earthenware flues will be used as a sewer ventilator, nor shall any chimney flue be used for that purpose. CONSOLIDATED-SALINA �J 1 G 8-770. Defective Work. If tests show defects, the defective work or material shall be replaced within three (3) days and the test again applied. In all cases the PlumbingInspector shall designate the P g points at which the pressure shall be relieved or drawn off. 8-771. Repairs. Tests shall not be required after the repairing or replacing of any old fixture, faucet or valve by a new one to be used for the same purpose, forcing out stoppage, repairing leaks or relieving frozen pipes and fittings. Such repairs or alterations shall not be construed to include cases where new vertical or horizontal lines of soil, waste, vent or their relative locations changed: Provided, That plumbing in a building condemned by the Plumbing Inspector because of unsanitary conditions of the house drainage or plumbing shall be considered as coming under the head of repairs, but all such house drainage or plumbing shall be done as in the case of new buildings. 8-772. Septic Tank. Septic tanks may be used to receive the discharge from plumbing fixtures only when written permission to that effect has been secured from the Plumbing Inspector and such permission shall only be given when a public sewage system is not available. Septic tanks shall be constructcdin the manner specified by the Plumbing Inspector. Cesspools shall be prohibited. 8-773. Inspector's Special Permit; Reconstruction. Where additional fixtures are required or alterations are to be made, whi6h cannot be practically constructed in accordance with the provisions of this article, a special permit for such work may be issued by the Plumbing Inspector, if, in his judgment, the conditions require it. The special permit shall be issued by the Plumbing Inspector before the work is started. Standard soil pipe may be used only with the Inspector's permission where additional plumbing is being added to an old building where standard soil pipe already exists and is in good condition. In no case, will it be permissible to make a run more than six (6) feet from the old line. j 8-774. Not to Apply to Prior Plumbing. The provisions of this article shall not apply to plumbing of buildings which have been connected with the sewer system or water mains prior to the passage of this article, but such plumbing or service connections with the sewer system or water mains may be inspected when so ordered by the Board of Com- missioners or by -the City Board of Health whenever such Board may be created, without CONSOLIDATF_D-SALINA 1 1 cost or charge to the owner of such buildings, and any such connections found to be defective may be ordered changed, altered, repaired or removed. 8-775. Durham Installation. It will be permissible to install a Durham plumbing installation in commercial or public buildings if desired. When a Durham installation is used, it shall be Durham throughout its entirety. A Durham installation is defined to be a system of soil, waste and vent piping consisting of extra heavy cast iron soil pipe below the grade or ground floor, and galvanized threaded iron pipe with cast iron recessed threaded fittings of a drainage type below the water line, and galvanized, i malleable or plain cast iron threaded fittings above the water line on the vent piping. 8-776. Hot Water Heaters and Storage Tanks. All hot water heaters and hot water storage tanks shall be equipped with a temperature and pressure relief valve, fully automatic and self-closing, of a sufficient capacity to properly relieve the size tank it serves. In no case shall it be smaller than three-fourths (3/4) inch size. Relief valve shall be installed directly into the hot water outlet as close to the tank as possible, discharge to be piped to within six (6) inches of the floor. 8-777. Hot Water Heater Installation. No hot water heater shall be installed in a bathroom or bedroom. It shall be properly vented to flue or chimney or carried out through the roof in the same manner as any other gas-fired heater. 8-778. Code. The installation of all plumbing and water pip ing, all definitions and interpretations and items not covered specifically by this article shall be made in accordance with the 1955 issue of the National Plumbing Code as published by the American Society of Mechanical Engineers which is adopted herein by reference and is made part of this article. 8-779. Board of Appeals. There shall be created a Board of Appeals, appointed by the City Commission to act as an arbitration board to rule on any appeal from the decision or ruling of the Plumbing Inspector made on the plumbing ordinances. This Board shall consist of three (3) members, one from the Building Inspector's office, one master plumber and one journeyman plumber. 8-780. Penalty. Any person violating any of the provisions of this article shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined in any sum G ONSOLIDA7ED-SALINA I 1 L not less than Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200). 8-781. Saving Clause. In the event any part or parts of this article shall be determined to be invalid, such determination of invalidity shall not affect any other portion of this article. Article 8. Gas Piping Code 8-801. Plumbing Inspector Duties 8-802. 'Permit Required 8-803. Inspection Notice 8-804. License; Bond 8-805. Inspection Fees 8-806. Connection with Mains: Certificate 8-807. Condemn and Disconnect System 8-808. Testing 8-809. Rules and Regulations For All Systems 8-810. Installation Requirements 8-811. Connections with Mains: Meters 8-812. Release Gas From Mains 8-813. Shut Off Valves at Curb 8-814. Pipe Sizes 8-815. inspection; Approval; Defective Mork Removed 8-816. Record; Certificate 8-817. Responsibility 8-818. Penalty 8-819. Person Defined 8-820. Saving Clause 8-801. Plumbing Inspector Duties. The Plumbing Inspector has authority to and it shall be his duty to inspect and test all new installations and all extensions to or alterations of existing gas piping, and all fittings, devices, appliances, and connections appurtenant thereto, hereafter installed and to inspect and test when- ever in his opinion it is necessary or proper, all existing installations of gas piping and the fittings, devices, appliances and connections appurtenant thereto in the City of Salina. He shall enforce or cause to be enforced the provisions of this article and CONSOL1DATrD-SAUNA G J for all purposes of this article he shall'have the right and authority during reasonable hours, and at any time when in his opinion any emergency exists, to enter in or upon any building or premises in the City of Salina for the purpose of making any inspection or test and of performing any of the duties required of him by this article. Wherever in this article the word "inspector" is used, it shall be deemed to refer to the Plumbing Inspector of the City of Salina, or his authorized assistant. 8-802. Permit Required. No building shall hereafter be piped or fitted for gas, nor shall any repairs, alterations or extensions be made in any piping nor shall any fittings or fixtures or appliances be placed in any premises unless a permit therefor shall be granted by the Inspector, after the filing with him by the person intending to do such work of an application describing the work to be done and the premises in or upon which the same is to be done. Such application shall state the correct location and the name and address of the owner of such building or premises and a full and com- plete statement of the work proposed to be done. 8-803. Inspection Notice. It shall be the duty of any person installing, altering or changing any gas piping in any building or premises in the City of Salina to notify the Inspector when the work is ready for inspection and the whole system of gas piping including the fittings,'appliances, connections and appurtenances thereto, in or upon such building or premises shall be so arran<,�c' and connected as to enable the Inspector properly to inspect and test the same. 8-804. License; Bond. No permit shall be issued to any person to install, extend, repair, alter or connect any gas piping or gas appliances or appurtenances for the conveyance or use of natural or artificial gas in or upon any building or premises in the City of Salina unless such person shall first secure from the City Clerk a license to engage in the occupation of gas fitter, which license shall be issued by the City Clerk upon the payment of a license fee of Ten Dollars ($10) per year. Every such license shall expire on the thirty-first day of December after its date, and if issued after July 1, the license fee for the remainder of the year shall be one-half (2) of the amount above specified. Upon the filing by such applicant of an application for such license stating the name and business address of such applicant and such other pertinent information as the City Clerk may require, and upon the filing by such applicant with the City C erk of a bond in the penal sum of Two Thousand Dollars ($2,000) executed by (' pN 50LIDATED-SALINA 1 1 such principal and by a corporate surety duly authorized to do business as a surety of the State of Kansas, conditioned upon the good and faithful performance by such licensee of all work of the kind referred to in this article in accordance with the requirements and provisions of this article and to indemnify said city and any and all persons for whom any such work may be done by such applicant against all damages rising from or -- caused by any open trench work or other cause or by the carelessness or negligence of such applicant or any of his agents, servants or employees in connection with any such work: Provided, That any -person having a license to do plumbing work, and who has on deposit in the City Clerk's office, and in effect, a plumber's bond as required of plumbers, shall be permitted to do any of the work mentioned in this article to the same extent as if he had received a license and deposited his bond under this article if such plumber's bond shall have endorsed thereon by the surety company by whom the same is j I issued, an endorsement providing for coverage under the provisions of this article and in the amount hereby required: Provided further, That in any event a permit shall be secured for each piece of work as required in this article. A licensee under this article or the plumbing article, doing any work mentioned in this article, may do the same by his employees, but such licensee shall employ no person on any such work unless such person be fully qualified and experienced in such work and such licensee shall be responsible for all of the acts, omissions or negligence of any such employee in or i about any such work and the bond of such licensee shall cover the acts, omissions or negligence of any such employee. 8-805. Inspection Fees. The Inspector shall collect an inspection fee of Two Dollars ($2) for each gas service line. He shall collect a fee of Fifty Cents (50f) for each fixture of any gas system. When the gas service line and the inside fixtures are ready for inspection at the same time, the fee shall be Two Dollars and Fifty Cents ($2.50) up to and including six (6) fixtures, each additional fixture at Fifty Cents (50¢) per fixture. The inspection fee for a gas range in a system already existing shall be Seventy-five Cents (75¢). Such inspection fees shall be paid to the Inspector by the party filing the application for a permit to do the work of installation to be covered by such inspection, and shall be accounted for and paid by the Inspector to the City Clerk. CONSOLIDATED-SALINA 1 D 1 8-806. Connection with Mains: Certificate. No person shall connect any gas piping system or installation, an inspection of which is required by the provisions of this article5with the gas mains operated by any gas distributing company in the City of Salina, hereinafter referred to as the gas company, nor shall any gas be turned into or used through such gas piping system or installation until the person connecting or turning on such gas shall receive a certificate from the Inspector approving such installation. 8-807. Condemn and Disconnect System. The Inspector may, and it shall be his duty to condemn and disconnect or order disconnected any connection of any such gas piping system or installation to any gas main whenever the person installing such gas piping system shall have failed to comply with any.of the provisions of this article relating thereto, or whenever in the opinion of the Inspector any gas piping system or installation in any premises in the City of Salina, is unsafe and liable to cause injury or damage to any person or property in said city. 8-808. Testing. All gas services and piping now or hereafter installed or used in or on any premises in the City of Salina shall whenever any inspection or test thereof is made under the provisions of this article, be tested with an accurate pressure gauge of standard make by the Inspector and shall be capable of withstanding pressure equal to fifteen (15) pounds for a period of fifteen (15) minutes. Trench shall be left open until such inspection has been made. The person doing such work shall furnish such I gauge and shall leave the same connected until after the inspection and testing is completed. 8-809. Rules and Regulations for all Systems. All gas piping and all appurtenances„' appliances, fixtures or devices now or hereafter installed or used or designed for use in connection with the same in, upon or about any premises in the City of Salina shall be installed in accordance with and shall conform to and be governed by the following rules, regulations and requirements: (1) No person, except the gas company or its authorized representative, shall turn the gas on or off at the meter, except gas may be turned off by others in cases of emergency. i (2) When the fitting job4 and line testing has been approved by the Inspector insofar as the same can be tested before the gas can be turned on, the meter shall be set and the gas shall be turned on by the gas company or its authorized representative, and by CONSOLIDATED -SALIVA 1 I 4 1 no other person, after which such test shall be made by the Inspector as may be necessary. (3) Every gas heating device, water heater device hereafter installed shall be equipped,! with good and sufficient flue or vent (with a minimum of one (1) inch clearance on vents) connections through which unburned gas may flow out of the premises, and no flue or vent used for such purpose shall be used for any purpose except as a flue or vent, and these regulations shall apply to existing systems or installations when in the judgment of the Inspector the same is necessary to the safety of the occupant of said premises. (4) No solid damper shall be used in any flue pipe leading from any device where gas is consumed, and any damper used shall have a hole or holes of a diameter of not less than one-fourth (T) of the pipe diameter. (5) All gas outlets for the burning of any open gas flame shall be at least two and one-half (21) feet below any ceiling not fireproof, or other combustible material unless properly protected by a metal shelf in which case such distance shall be not less than eighteen (18) inches. (6) All outlets shall be securely fastened in place and properly capped. (7) In no case shall any spjit or broken fittings or pipe be used. (8) No cement or other substance shall be used to conceal repair or cover any leaks, flaws or defects in pipes, fittings or connections. (9) No gas pipe shall be laid so as to support any weight, except small fixtures, or be subject to any strain, and the judgment of the Inspector in any such matter shall be conclusive. If, in the opinion of the Inspector, any such gas pipe is so laid as to be subject to any undue weight or strain, correction thereof shall be made in such manner as may be ordered by the Inspector. (10) All gas pipe installed beneath any joists or ceilings, shall be securely strapped to the bottom of such joists or other secure places with iron straps or gas hooks, and all gas pipes in any location shall be securely fastened to prevent sagging or vibration. (11) No fire test shall be made under any circumstances on any inside work. (12) In no case shall any valve which shall need replacing from time to time or which may require inspection be placed under floors or between walls or in any inaccessible place. (13) All motor valves shall be of the type that will close when electric current is off, unless other sufficient safety equipment is provided. (14) In no case shall a lever handle gas control valve be connected direct to a motor regulator. CONSC LZDATHD-SALINA 1 FJ 1 (15) The point of connection of any pilot light pipe with any furnace fuel line shall be not less than four (4) feet from the gas opening or burner, and all those hereafter installed shall be on the inlet side of the master valve. (16) Every steam boiler having a gas fire shall be equipped with a low water cutout and a pressure limit control device, unless a regular, experienced attendant is present and in charge of the same at all.times. (17) No extension connection or fitting consisting in whole or in part of rubber of flexible tubing shall be used in connection with any gas burning appliance, and every such connection shall be of rigid metal piping with metal to metal joints, except when it is necessary to use gas in machine shops for blow torch purposes or in laundry mangles, and in every such case there shall be but one shut off valve which shall be located in the rigid pipe and in no case at the gas burning device or between the device and the rigid pipe. (18) When the main is in the nearest parking of property to be served, the plumber or gas fitter will run the gas service to the main. If the main is in the street or the far parking, the gas service line shall be run to the nearest curb of property being served. Where the main is in the alley or easement, the meter riser shall be left one (1) foot inside the property line. (19) The laying or installing of gas piping in the same trench, or on a shelf thereon, with water, sewer or drainage pipe is prohibited. (20) All gas services shall enter the building aboveground level and a shut off valve will be provided in the riser aboveground level. Only iron body, brass core stop cocks or lubricated valves may be installed on the service line. When a riser is made off the service line, an ell and street ell or two ells and a nipple shall be used to provide a swing joint to take care of contraction and the settling of filled ground. (21) Piping from multiple meter installations shall be properly marked by the installer so that they may be properly identified with the customer being served. (22) Where appliances are installed in a confined space within a building, provision must be made for proper ventilation, and care should be used to see that no combustible material is stored in this area. (23) The gas piping shall not be used as an electrical ground. (24) No water heater shall be installed in a closed system of water piping unless a water pressure relief valve is provided. (25) Only room heaters listed for vented use shall be installed in sleeping quarters. CONSOLIDATED-SALINA 1 1 (26) Water heaters shall not be installed in bathrooms and bedrooms; however, water heaters of the automatic storage type may be installed as a replacement in a bathroom. (27) All gas burning appliances of any type shall be installed so that all controls are easily accessible for repair or replacement. (28) Safety pilot shut offs shall be installed on all water heaters and on any furnace or space heater used for major house or business heating. (29) A gas cock shut off or plug valve shall be installed on every outlet close to the appliance so that the appliance may be worked on or disconnected without interrupting service elsewhere on the premises. (Gas appliances connected to an existing system, shall comply with the above for each gas appliance connected.) (30) No floor furnace shall be installed with less than eighteen (18) inches clearance from the bottom of the furnace to the ground. (31) All gas services and any gas piping laid in contact with the ground shall be wrapped pipe. The fittings and connections shall be wrapped with tape coat or its equiva- lent. Plastic tape, if approved by the Building Inspector, will pass inspection for wrapping. (32) Maximum allowable demand on gas piping in cubic feet per hour: Length in Feet 3 4" 1" 1" lam" 2" I 15 172 345 750 1,220 2,480 30 120 240 535 850 1,780 45 _ 99 199 435 700 1,475 60 86 173 380 610 1,290 75 155 345 545 1,120 90 310 490 1,000 j 105 450 920 120 420 860 150 380 780 180 1 720 8-810. Installation Requirements. All gas piping and all appliances, appurtenances and devices used or designed for use in connection with the same hereafter installed in, on or about any premises in the City of Salina, shall be installed and shall be governed by and conform to the following rules, regulations and requirements: (1) No service pipe from gas main to meter shall be less than one and one-fourth (1�) inches in diameter. CONgOLIAATEP-SALIVA I (2) No service pipe from meter to any central heating plant shall be less than one I I I ; � I and one-fourth (14) inches trade diameter and in no event shall any drop or riser pipe connecting a furnace or boiler to the service pipe be more than eight (8) feet in length. I i (3) No cast iron fitting shall be permitted or used. I (4) All fitters installing any gas piping must leave an exact space for the meter and i union for connections. I I (5) No gas shall be turned on until all pipes, connections furnaces, stoves, burners and other appliances shall have been inspected and approved by the Plumbing Inspector. I (6) No piping or fitting shall be covered or concealed from view until inspected, jtested and approved by the Plumbing Inspector. (7) All drop or branch lines and openings for side brackets shall be of bracket ells or square bends where practicable, and unless otherwise specially permitted by written permit obtained from the Inspector, no nipples shall be used in any side bracket lights. (8) In reducing pipe sizes, nipples and reducing fittings must be used and in no case shall bushings be used. (9) All pipes shall be laid above timbers instead of beneath -them if possible. All piping must be reamed and free from obstructions. (10) No jointing material shall be placed in the female thread. (1V) Unions must be of ground joints and must not be used in concealed construction or places which are not plainly visible, except unions on meters. (12) In disconnecting any appliances, all openings in house lines shall be capped i tightly so as to prevent escape of gas, and this shall be done only under the supervision of the Inspector, or by an authorized representative of the gas company, or by some person having a permit to do such work as required by -this article. j (13) Steam or hot water piping connections on either high or low pressure boilers, when necessary in connection with any gas installation, shall be made only by a licensed plumber. (14) Every hot water heating boiler shall be equipped with a water temperature control limiting device. ! (15) All steam or hot water boilers having lever handle control gas valves shall be I connected with either diaphragm or water regulators. 8-811. Connections with Mains: Meters. No person except the gas company or its authorized representative shall to or make an connection with an I p p y y gas main, or any service pipe leading from any gas main to any meter, or shall change, alter or tamper with any regulator or other device used for the purpose of regulating the gas pressure, or I with any gas meter. The gas company shall make and install all fittings to the meter and i all service pipes from the gas -main to the property line, including a stop cock at the I property line, and no other person shall connect or disconnect any fitting or piping on the inlet side of the meter or connect or disconnect any gas meter except in case of emel-gency. CON SOLIDA7 ED -SAL INA 1 1 8-812. Release Gas from Mains. No person other than a duly authorized repre- sentative of the gas company shall at any time open any valve releasing gas from the mains of the company into any gas piping system in, or on any premises in the City of Salina, and then only after such system has been approved in writing by the Inspector. 8-813. Shut Off Valves at Curb. The gas company shall not connect any gas main in the City of Salina by means of a gas service pipe, with any premises in the City of Salina, without installing on such gas service pipe either at the curb line or at a point as near thereto as may be practicable, and in any event at a point on such gas service pipe before the same enters upon private property, and at a point which is wholly unenclosed by any building or other structure, a shut off valve by means of which the gas may be shut off or disconnected from such premises, together with the necessary tee box or valve box by means of which access may be had to such shut off valve, unless such i shut off valve is located in an outside underground meter box having an easily removable manhole cover. It shall be unlawful for the gas company to permit any gas to flow from its gas mains to any premises in the City of Salina through any gas service pipe hereafter installed unless such gas service pipe is equipped with a shut off valve as hereinabove required, and it shall be unlawful for the gas company to permit any gas to flow from its gas mains to any premises within the fire limits of the City of Salina, as now or hereafter) established, through any gas service pipe now existing or hereafter installed, unless such I gas service pipe is equipped with a shut off valve as herein provided. All shut off I valves so installed shall be uniform and all the tee boxes or valve boxes through which such shut offs are reached unless located in an underground meter box as above provided for, shall be flush with the surface of the ground, pavement or sidewalk where the same are installed, and shall be plainly marked with the word "gas" and a shut off key which shall fit all shut off valves with a handle sufficiently long to reach all valves so installed shall be furnished to the Fire Department and to the Plumbing Inspector by the gas company. 8-814. Pipe Sizes. The following sizes of pipes shall be ;required in connection with the installation of all heating, water heating or cooking devices on any gas piping or installation in one or two family dwelling houses or in commercial buildings, where the total number of devices, to one meter, does not exceed one (1) furnace and five (5) additional fires, and where the maximum distance of any one of such fires from the meter does not exceed fifty (50) feet: (a) In all such buildings equipped or to be equipped with a central heating plant �� ON.S: �L7nAFGD-SALINA LJ L 1 one and one-fourth (lam) inch pipe must be run from meter to heating plant or a full one I and one-fourth (1-1) inch connection left for heating plant. (b) In all cases one and one-fourth (ln) inch pipe must be run from the meter to the inside of the building. (c) The following schedule applies in such buildings to all fires with the exception of central heating plant: One fire, use three-fourths (3/4) inch pipe. i Two or three fires, use one (1) inch pipe to first fire; three-fourths (3/4) inch pipe to second and third fires. Four fires, use one and one-fourth (14) inch pipe to first fire; one (1) inch pipe to second fire; and three-fourths (3/4) inch pipe to third and fourth fires. Five fires, use one and one-fourth (14) inch pipe to first and second fires; one (1) inch pipe to third fire; and three-fourths (3/4) inch pipe to fourth and fifth fires. i (d) In cases of extreme long runs of pipe, the pipe size must be increased to such size as may be directed by the Inspector. I (e) In all cases the pipe must be of sufficient size to carry the maximum installed i appliance capacities at one (1) ounce pressure drop. (f) Whenever any gas piping system is installed which does not come within the limits above specifically provided for, or which is installed in buildings or premises other than those above described, the sizes of the pipes used in such installation shall be i such as are sufficiently large to properly supply the demand which may be used through such system, as the same may be determined fromstandard tables of pipe sizes in common use, and such as may be prescribed by the Inspector and no such system shall be installed until the pipe sizes to be used are approved by the Inspector. 8-815. Inspection; Approval; Defective Work Removed. If, upon inspection and test by the Inspector, the installation of any gas piping or any part thereof shall be found not to comply with the requirements of this article, the same shall be changed, rearranged, repaired or removed to conform to this article and with the requirements of the Inspector within such reasonable time as the Inspector may deem necessary, not to exceed five (5) days, and no gas shall be turned on or permitted to flow through any such piping or system until the same shall be inspected and approved by the Inspector, and any work or installation of any kind or any part thereof, which shall not or cannot be repaired or changed to conform to this article and to the requirements of the Inspector, shall be immediately removed from any premises by the person installing the same and shall not at any time be used as a part of or in connection with the piping or distribution of gas in or upon any such premises. CONSOLIDATED-$ALINA lJ 8-816. Record; Certificate. The Inspector shall keep a record of all inspections of gas piping made by him and when the gas piping system or installation in or upon any premises, after inspection shall be found by him to comply with the requirements of this i article, he shall issue to the party doing any such work, or to the owner of such premises,', in duplicate, a certificate of satisfactory inspection, one copy of which shall be de- livered to the gas company before gas is turned into such system. 8-817. Responsibility. This article shall not be construed to lessen the responsibility of any person owning, operating, controlling or installing any gas mains, service pipes, distribution pipes, connections or gas fixtures, fittings or appliances for damages caused to any person or property by any defect therein or by the acts of omissions, negligentv-or otherwise of any such person, or by any failure to comply with the provisions of this article, nor to relieve any such person from any such liability or responsibility, nor shall the City of Salina or any of its employees or agents be held as assuming any such liability or responsibility by reason of the inspection authorized and required by this article, or by reason of any failure on the part of the city or any of its agents to make any such inspection or to discover any defect as a result of any inspection required by this article, or on account of the failure of such city or any of its agents to enforce the provisions of this article. 8-818. Penalty. Any person who shall violate or fail to comply with any of the requirements of this article or any requirements, order or direction of the Plumbing Inspector given pursuant to this article shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100), or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment, for each such offense. 8-819. Person Defined. Wherever the term "person" is used in this article, it shall be deemed to apply to any corporation, copartnership or association, and to any i officer, manager, member, agent, servant or representative thereof to the same extent as if each of such had been specifically mentioned herein. 8-820. Saving Clause. If any section, subsection, sentence or phrase of this article is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the remaining provisions of this article. CONSQLIDATm-SALINA 1 1 Article 9. Mobile Homes Courts 8-901. Definitions 8-902. Habitation and Maintenance of Mobile Homes 8-903. Mobile Homes Court License 8-904. Location and Area Requirements 8-905. Sanitary Requirements 8-906. Safety Requirements 8-907. Record and Enforcement 8-908. Nonconforming Use 8-901. Definitions. When used in this article, words in the singular number include the plural and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. For the purpose of this article, certain words and terms are herewith defined as follows: (a) Mobile—Home is any structure intended for or so constructed that it will be primarily suitable for living or sleeping quarters or for office purposes, mounted upon wheels, or any other device upon which it may readily be transported, either by its own power or some externally applied tractive effort: Provided, That this definition shall I not apply to any vehicle lawfully operated upon fixed rails. (b) Towing_Unit is any vehicle furnishing traction effort for a mobile home. I (c) Area Unit is an area of ground space set aside for the accommodation of one mobile home and towing unit. (d Person refers to an individual firm ) _ _ _ y , , partnership, association or corporation. (e) Mobile_Home Court is any plot of ground where mobile homes are invited or allowed to be located regardless of whether or not any charge is made for the use of the plot of ground. (f) Parking Lot is any plot of ground used for temporary storage of automobiles. (g) Street is any recognized thoroughfare in the City of Salina. (R. 0. 1948, 25-101) 8-902. Habitation and Maintenance of Mobile Homes. (a) It shall be unlawful for any person to maintain, use, occupy or lease a mobile home for human living quarters, whether the same be equipped with wheels or on a foundation within the City of Salina licensed outside of a mobile homes court legally established, existing and )[in conformity with the CONSOLIDATED-SALINA ordinances of the city, except as herein specifically permitted. (b) It shall be unlawful for any person, except the proprietor or his bona fide employees, to remain in any mobile homes court longer than six (6) months. (c) Removal of the wheels or other transporting device, except the temporary detach- ment of a towing unit, from any mobile home shall be construed as converting the same into a permanent structure subject to all requirements of the building,electrical, , plumbing � and gas ordinances, sanitary ordinances and zoning ordinance. (d) It shall be permissible hereunder for a bona fide guest of the householder to ark a mobile home in the rear p yard of any dwelling house for a period of time not to I exceed fifteen (15) days: Provided, That such mobile home may be used only for sleeping purposes during such fifteen (15) day period. i (e) A mobile home may be parked or stored in the City of Salina regardless of the other provisions hereof: Provided, That it shall not be used for living or sleeping purposes during such time it is so stored or parked: Provided further, That it shall not be a nuisance and does not constitute a fire hazard. (f) No mobile home shall be maintained in the City of Salina as a permanent office. Such office use as is compatible with the demonstration and sale of such articles or services as may be readily transported in a mobile home by a distributor or salesman may be permitted in a mobile home on a legally located parking lot for a period of time not exceeding seven (7) days: Provided, That such mobile home is not used for living or sleeping purposes during such time. (R. 0. 1948, 25-102, Ord. 6369, 9-1-59) j 8-903. Mobile Homes Court License. (a) It shall be unlawful for any person to establish, maintain or operate within the corporate limits of the City of Salina any i mobile homeScourt unless such person shall first obtain a license therefor as hereinafter provided. (b) Any person desiring to establish a mobile homes court shall file with the Building Official plans to show fully the location of the court and the location therein of all buildings, toilet, bath and laundry, washing facilities, slop sinks, water faucets or hydrants, sewer connections and driveways, or other improvements proposed or existing. i (c) The Building Official shall issue, after finding the proposed court outlined on such plans will comply with this article, a permit to erect or construct such required facilities as are not already in existence. (d) After the completion of such construction, the site shall be inspected by proper officers, who, after finding that all requirements of this article are complied with, shall so certify to the City Clerk. Upon such certification, together with written CONSOLIDATW-SALIVA 1 1 1 application by the owner or lessee of such mobile homes court stating the name and address of such owner or lessee, the location of the mobile homes court, the maximum number of mobile homes the court will accommodate, the name of the manager who will be directly responsible for the maintenance and operation of said mobile homes court, and upon presentation of the receipt of the City Treasurer for the proper fee, as hereinafter provided, the City Clerk shall issue a license for the operation of such mobile homes court. (e) Each application for such license shall be accompanied by a license fee s'o I of Fiftybo �.rs ($50) per month per area unit for the remainder of the current calendar year. Each such license shall expire on December 31,next following date of issue. The license may be renewed annually by the payment of Six Dollars ($6) per area unit: Provided, That before any license shall be renewed, the premises shall be subject to the above inspection as above provided on original application. (f) Such license shall be conspicuously posted on the premises of the mobile homes court at all times. (g)' Any mobile homes court license may be transferred upon the presentation to the City Clerk of a written application of the holder of such license approved by the Sanitary Department. (R. 0. 1948, 25-103, Ord. 6369, 9-1-59) 8-904. Location and Area Requirements. (a) Nothing herein in this article shall be construed as authorizing a mobile homes court in any part of the city contrary to the zoning ordinance. (b) Each area unit shall contain an area of at least two thousand one hundred (2,100) square feet, clearly defined by appropriate markers with space provided for off-street parking for one automobile and shall be so graded as to provide adequate and proper drainage. (c) No mobile home shall be permitted to park closer than five (5) feet to the side line of its area unit, nor shall it be so parked that it is closer than ten (10) feet to any other mobile home or any building located in the mobile homes court. (d) No mobile homes court shall be located within a distance of six hundred (600) feet of any pubk:ic park, public buildings, hospital, school or college. (R. 0. 1948, 25-104, Ord. 6369, 9-1-59) CONSOLIDATED -SALIVA 1 1 I I 8-905. Sanitary Requirements. (a) An adequate supply of pure water for drinking purposes, of a quality that will meet the requirements of the United States Department of Public Health standards, shall be furnished to meet the requirements of each mobile homes court. (b) Water shall be supplied from faucets or approved type drinking fountains only. Faucets or drinking fountains shall not be farther in distance than eighty (80) feet from any area unit. No common drinking cups shall be permitted. (c) Each mobile homes court shall provide toilets, shower baths, slop sinks and gar- bage containers under the following conditions: (1) One toilet of the flush type shall be provided for each sex for every ten (10) units that do not have toilet facilities within them or fraction thereof: Provided, i That one-fourth of the required toilets for men may be substituted with urinals of the water flush type. Entrances to all toilet facilities shall be screened, flytight and provided with sufficient lights to provide ample illumination at night. No mobile home unit shall be farther than two hundred (200) feet from a toilet. The use of any chemical closet or any toilet in a mobile home shall be forbidden while such mobile home is located within the city limits. (2) One shower or bath shall be provided for each sex for every ten (10) units that do not have bath facilities within them or fraction thereof: Provided, That tubs may be substituted for one-tenth (110) of the required number of showers. One wash basin shall be provided for each sex for each five (5) units or fraction thereof. Such showers or bathtubs and wash basins shall be located in buildings or structures in accordance with the ordinances of the city and of such material as shall permit satis- factory cleaning. The floors of each shall be of concrete or other nonporous material and lights for such buildings shall be such as to provide ample illumination at night. (3) Slop sinks shall be provided with running water for every five (5) units or fraction thereof. No sink located within a mobile home shall be used unless it discharges into a sewer in an approved manner or into an approved type container which shall be flytight and secured from spilling. Such containers must be emptied into slop sinks regularly so as to prevent spillage upon the ground and, in any case, at least once in every twenty-four (24) hour period. (4) All waste water and sewage from toilets, showers, bathtubs, wash basins, slop sinks and other plumbing fixtures in the mobile homes court shall be carried to the city sewers by means of appropriate drains, except that when a city sewer is greater than three hundred (300) feet in a horizontal distance from the nearest point to the mobile homes court, or when resort would have to be made to pumps to gain access to the city sewers, such means of treating sewage may be provided as may be specified by the Sanitary Department. COI46OLIDATED-SALINA I 1 1 (5) A tightly covered metal garbage can shall be provided for each occupied area and such means of transferring garbage therefrom to larger containers shall be provided as is acceptable to the Sanitary Department. (R. 0. 1948, 25-105, Ord. 5589, Secs. 2, 3, 10-5-51) 8-906. Safety Requirements. (a) Every mobile homes court shall be equipped at all times with at least one (1) fire extinguisher of a type of at least two and one-half (22) gallon capacity, of a foam type, in good working order at all times and adequately protected from freezing for every ten (10) units or fraction thereof. (b) Such extinguishers shall be so located as to be not farther than one hundred (100) feet from any area unit. (R. 0. 1948, 25-106) 8-907. Record and Enforcement. (a) It shall be the duty of the owner, his agent or caretaker, to keep a register and to record therein all mobile homes and occupants which occupy space at his mobile homes court. Said register shall specify dates and time of arrival, the name of the owner of the mobile home and towing unit, and the state in which the mobile home and towing unit are registered and the numbers of the vehicle licenses. (b) It shall be the duty of the City Manager to enforce the general provisions of this article. (c) If at any time a mobile homes court is found to be violating the provisions of this article or other pertinent ordinances of the City of Salina, any duly constituted officer or agent of any department of the city charged with the duty to inspect mobile homes courts shall notify the licensee of such mobile homes court of such condition. If the violation is not corrected to the satisfaction of the department complaining within a reasonable time after notification, the license for such mobile homes court may be revoked by the City Manager on the recommendation of such department. (d) Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100). Each day that such violation continues to exist shall constitute a separate offense. (R. 0. 1948, 25-107) 8-908. Nonconforming Use. The lawful use of land existing on September 1, 1959, although such use does not conform to the provisions of subsection (a) of Section 8-901, subsection (e) of Section 8-903 and subsection (b) of Section 8-904 of this article, may be continued but if such nonconforming use is discontinued, any further use of such premises shall be in conformity with such provisions. (Ord. 6369, 9-1-59) CONSOLIDATED-SALWA 1 1 1 Article 10. Moving Dwellings 8-1001. Permit Required to Move Buildings 8-1002. Fee Must be Deposited 8-1003. Application 8-1004. Bond 8-1005. Permit 8-1006. Building Official's Duties 8-1007. Violation of Permit 8-1008. Administration and Enforcement 8-1009. Penalty 8-1010. Saving Clause 8-1001. Permit Required to Move Buildings. The removal of buildings having been or to be used, occupied or employed as a dwelling for persons within the city from one place to another within said city or the moving of buildings used or to be used for said purposes from without the city into said city except in full compliance with all the terms, conditions and provisions of this article and first obtaining a permit to do so is hereby prohibited. (R. 0. 1948, 6-601) Ref.: See Sec. 102.12 of the Adopted Building Code. 8-1002. Fee Must Be Deposited. No permit as herein required shall be issued by the Building Official until any applicant therefor shall file an application as here- inafter provided and shall deposit with said Building Official the fee prescribed by Section 8-209, which fee when the permit hereafter provided for is issued, if ever, shall entitle and require the permittee to do and perform the things therein provided for. (R. 0. 1948, 6-602) 8-1003. Application. The application for such a permit shall set forth the following: (a) The name and address of the applicant; (b) Two (2) photographs of the structure proposed to be moved within or into the City of Salina; (c) The legal description of the location upon which the structure is to be located, installed or placed; (d) Whether the structure complies with the Building Code of the city as otherwise provided by this chapter; CONSOLIDATE"ALMA 1 1 1 (e) Whether the structure complies with the Electrical Code of the city as otherwise provided by this chapter; (f) Whether the structure complies with the Plumbing Code of the city as otherwise provided by this chapter; (g) Complete plans and specifications for the completion of the structure at the place it is to be erected, installed or placed. (R. 0. 1948, 6-603) 8-1004. Bond. The applicant shall submit a surety bond, duly signed by a local agent authorized on behalf of a corporate surety authorized to do business in Kansas, or cash in the sum of One Thousand Dollars ($1,000), conditioned so that the permittee will be required to install, erect and place said structure at the place so described in the application, that said structure will be completed in full compliance with all ordinances of the city and/or in full compliance with the plans and specifications submitted with the application, a copy of which plans and specifications shall be attached to said bond and further providing that default shall operate as a forfeiture of said bond or cash for the benefit of the city as liquidated damages. (R. 0. 1948, 6-604) 8-1005. Permit. After the filing of the application and payment of the fee hereinbefore provided for, then the Building Official shall carefully examine the appli- cation, the photographs of the structure, the'structure and the plans and specifications for the completion thereof and if he finds that said structure will comply with all ordinances of the city if installed, erected and placed in compliance with said plans and specifications, then he shall issue a permit to the applicant authorizing and providing for the following: (a) The moving of a structure to a certain described place in the City of Salina. (b) The erection, installation and placing of said structure on the described place in full compliance with the plans and specifications submitted with the application and the Building G_de, Electrical Code, Plumbing Code and Gas Piping Code of the city. (c) Provided, That default in compliance with any ordinance or portion thereof of the city or default in compliance with the plans and specifications or any part thereof shall operate as a forfeiture of the bond or cash submitted with the application. (d) Provided, That the structure shall be completely installed, erected and placed in full compliance with each and every provision of the ordinances of said city and the plans and specifications submitted within six (6) months from the issuance of the permit and in event of default that said bond or cash shall be forfeited. (R. 0. 1948, 6-605) CONSOLIDATED-SALINA 1 8-1006. Building Official's Duties. It shall be the duty of the Building Official to examine the structure from time to time and upon the structure being installed, erected and placed at the place described in the permit in compliance with the plans and speci- fications submitted, as aforesaid, and all ordinances of the city, the Building Official shall report that fact in writing to the City Manager and upon the City Manager being satisfied as to full compliance by the permittee, he shall release the surety on the bond or cause the cash deposit to be returned to the permittee. (R. 0. 1948, 6-606) 8-1007. Violation of Permit. In the event the Building Official ascertains that said structure has not been completed in compliance with the permit, ordinances of the city and plans and specifications within six (6) months from the date of issuance of said permit, he shall, in writing, report such failure in detail to the Board of Commissioners. Upon receipt of any such report, the Board of Commissioners shall cause a notice of hearing to be sent unto said permittee by registered mail at least four (4) days prior to hearing requesting the permittee to appear at a certain time and place before said Board to show cause why said bond or cash should not be forfeited by said Board as a result of said default. On the hearing, the said Board shall hear the evidence and if satisfied that the permittee has fully complied with the provisions of said permit and this article, then said Board shall, by resolution, release the surety on the bond or cause the cash bond to be refunded. In event that said Board is satisfied that the permittee has not substantially complied with the provisions of said permit and the ordinances of the city, then said Board shall, by resolution, order the bond forfeited and, if a surety bond, shall order the City Attorney to proceed in the name of the city to collect the amount of the bond from the surety. (R. 0. 1948, 6-607) 8-1008. Administration and Enforcement. This article shall be administered and enforced as supplemental to Article 2 of this chapter. (R. 0. 1948, 6-608) 8-1009. Penalty. Any person who shall violate or shall fail to comply with any of the provisions of this article shall be deemed guilty of a public offense and shall, upon conviction thereof, be punished by a fine of not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100) for each offense and each day's violation or failure to comply with this article shall be deemed to constitute a separate offense. (R. 0. 1948, 6-609) CONSOLMATE"ALINA LJ D 8-1010. Saving Clause. If any sentence, clause or section of this article shall be held to be unconstitutional by the final judgment of any court. of competent jurisdiction' such judgment shall be deemed not to affect any other sentence, clause or section hereof, and it is hereby declared that each sentence, clause or section of this article is hereby adopted and would have been passed, independently of each and every other sentence, clause or section hereof. (R. 0. 1948, 6-610) Article 11. Fences, Walls and Hedges 8-1101. Prohibited Fences, Walls and Hedges 8-1102. Type of Fences and Location 8-1103. Permit and Fee 8-1104. Penalty 8-1105. Constitutionality 8-1101. Prohibited Fences, Walls and Hedges. No person shall erect or maintain any fence, wall or hedge for the definite purpose of annoying any other person, or for the purpose of injuring another by obstructing the view, shutting out the sunshine, hindering ventilation or causing inconvenience in any other manner. No electrically charged fence shall be erected or maintained. No privately owned fence, wall or hedge shall be erected or maintained on any public property. Any fence, hedge or wall erected or maintained in violation of the provisions of this article is hereby declared to be a nuisance and shall be removed by the owner thereof within five (5) days after receipt of notice from the Building Official to remove same. (Ord. 6175, Sec. 1, 8-20-57) 8-1102. Types of Fences and Location. (a) Classification—of Fences: (1) Masonry walls; (2) Ornamental iron; (3) Woven wire; (4) Wood picket (more than fifty per cent (50%) open); (5) Solid fences (wood or metal less than fifty per cent (50%) open). (b) In any location, fences enclosing plots used for dwelling purposes shall conform to the following requirements: (1) Front yard fences erected in front of the front building line (see zoning ordinance) shall be of any class, and shall not exceed a height of four (4) feet, except- ing Classes 1 and 5, which shall not exceed a height of three (3) feet. Fences on corner CONSOLIDATE"ALINA 1 1 1 lots in which the rear yard abuts the front yard of the adjoining lot shall conform to the requirements for front yard fences for such part of the fence as abuts the adjoin- ing front yard. (2) Side yard fences erected back of the front building line and within the required side yard of the plot (see zoning ordinance) may be of any class not over four (4) feet in height to the rear of the neighboring dwelling, or to the rear of the dwelling li located on the same site as the fence, whichever is the greater distance from the front property line. Back of the point such side yard fences may be built to a height of six j (6) feet. (3) Rear yard fences erected along the rear property line may be of any class — — — — — i and height without permit, except as provided by subdivision (1) hereof. (4) Prohibited Fences. No barbed wire or other sharp pointed fence and no electrically charged fence shall be erected or maintained unless specifically permitted by other ordinances. (5) Fences on Retaining Walls. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the low side: Provided, That in any case, a fence of Class 2, 3, 4 or 5 may be erected on top of a retaining wall to a height not to exceed four (4) feet above the grade of the high side. (6) Retaining walls shall be adequately designed and drained so as to resist all lateral pressure to which they may be subject. Retaining walls shall not be erected in any front yard when, in the opinion of the Building Official, such retaining wall would be unsightly or detrimental to adjoining property. Nor shall such walls be built higher than the grade of the ground on the high side of the wall when such would exceed the height allowed for a Classl fence, which height is measured from the low side of the wall. (7) Variations. When, in the judgment of the Building Official, the public health, safety and welfare will be substantially served and the neighboring property will not be materially damaged, or in case of an agreement between neighboring property owners, a certified copy of which shall be filed with the Building Official, he may, at his dis- cretion vary the requirements herein. (8) Commercial—or industrial—fences may be of any class and the height thereof shall not exceed ten (10) feet: Provided, That when such fences are built in required building set back spaces (see zoning ordinance), they shall be governed by the requirements as set forth in the section for fences enclosing residential plots. Barbed wire or similar materials may be used at a height of not less than seven (7) feet above grade, unless specifically permitted by other ordinances. Fences shall be kept in repair and any delapidated, dangerous or unsightly fence shall be removed or repaired when so CONSOLIDATED-SALINA 1 1 ordered by the Building Official. (Ord. 6175, Sec. 1, 8-20-57) 8-1103. Permit and Fee. No person shall install any fence or wall without first having procured a written permit therefor from the Building Official. The Building Official shall charge a fee of One Dollar ($1) for the issuance of such permit. (Ord. i 6175, Sec. 1, 8-20-57) 8-1104. Penalty. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in any amount not to exceed Fifty Dollars ($50), or be imprisoned for a period not to i exceed ten (10) days, or be both so fined and imprisoned. (Ord. 6175, Sec. 2, 8-20-57) 8-1105. Constitutionality. In the event that any part or parts of this article be determined unconstitutional or invalid, such determination shall not affect any other portion of this article. (Ord. 6175, Sec. 3, 8-20-57) CONSOLMATFD-SALIVA r J 1 1 CHAPTER I.X. CEMETERY Article 1. Cemetery Article 1. Cemetery 9-101. Cemetery Management 9-102. Employees 9-101. Cemetery Management, The City Manager of the city be and he is hereby directed to supervise, manage and operate The Gypsum Hill Cemetery, being a municipal cemetery of said city, under such rules, bylaws and regulations as may be adopted by the Board of Com- missioners of said city. (R. O. 1948, 7-101) 9-102. Employees. The City Manager of said city be and he is hereby authorized to employ such persons as may be necessary to operate and maintain the said municipal cemetery under the rules, bylaws and regulations of the Board of Commissioners, aforesaid. (R. O. 1948, 7-102) CONS CSL I D AT ED -SAL INA n 1 CHAPTER X. COURTS Article I. City Court Article 2. Police Court Article 1 . City Court 10-101 . Establishment of City Court 10-102. Judge, Clerk and Marshal 10-103. Jurisdiction; Laws Applicable; Limit of Jurisdiction of Justices 10-104. Issuance of Process 10-105. Commencement of Term of Judge, Clerk, and Marshal; Law Practice by Judge 10-106. Qual if ications and Residence of Judge, Clerk and Marshal 10-107. Direction and Execution of Process 10-108. Salary of Judge, Clerk and Marshal 10-109. Duties of Clerk 10-110. Docket and Stationery 10-111. Court Room and Supplies 10-112. Change of Venue 10-113. Appea I s 10•-114. Judges Pro Tem 10-115. J udge, C I erk or Marsha I Not to Act as Counsel for Party 10-116. Oath of Judge, Clerk and Marshal 10-117. Deposit or Security for Costs 10-118. Fees; Collections and Disposition of Fees and Costs 10-119. Payment of Moneys by Check to Persons Entitled 10-120. Bond of C I erk 10-121. Bond of Marshal CONSOLIDATED-SALINA r� 1 10-122. Tenure of Judge, Clerk and Marshal 10-123. Vacancies NOTE: G. S. and G. S. 1959 Supp., Chap. 20, Art. 14. 10-101 . Establishment of City Court. There be Wand is hereby created and established in the City of Salina pursuant to the provisions of Article 14 of Chapter 20 of Revised Statutes of Kansas, 1923, being Sections 20-1401, as amended, to 20-1423, inclusive, of said Revised Statutes, a city court in and for the City of Salina, which shall be known as "The City Court of Salina" and the Mayor of the City of Salina, by and with the consent of the City Commission, shall appoint a judge of such City Court, a clerk of such City Court and a marshal of such City Court. (R. O. 19481 8-101) 10-102. Judge, Clerk and Marshal. It shall be the duty of the Board of Commissioners of said city to select and appoint as the judge of said City Court some attorney at law who has been admitted to the bar and who is a resident and citizen of such city and such judge shal I hold his office until his successor is elected and qualified. Said Mayor, by and with the consent of said Board of Commissioners shall appoint a clerk and marshal of such City Court who shall be persons of approved integrity possessing the ability to fill such offices. (R. O. 1948, 8-102) 10•-103. Jurisdiction; Laws Applicable; Limit of Jurisdiction of Justices. The court hereby established shall , under the limitations and restrictions herein provided, have original Jurisdiction in civil cases for the recovery of money only and to try and determine the same, where the amount claimed does not exceed One Thousand Dollars ($1,000); and the court hereby established shall have jurisdiction of actions for the recovery of specific personal property not to exceed Five Hundred Dollars ($500) in value, as hereinafter provided. In al I other respects the said court hereby established shall have the same jurisdiction, civil and criminal, as justices of the peace now have in this state, and for the purpose of the jurisdiction hereby conferred and of its proper and necessary exercise, all of the laws of this state relating to the powers, duties and jurisdiction of justices of the peace and practices, pleadings and proceedings in justice courts which are not in conflict with the provisions of this article shal-I apply to said City Court and the judge thereof, and to the mode of practice therein, and to the power, original, mesne and final so far as the same may be applicable: PEovided,, That after this (ordinance) article shall take effect, justices of the peace in such city shall have no jurisdiction of any case, civil or criminal, except in civil actions for the recovery of money only where the amount claimed exclusive of costs does not exceed the sum of One Dollar ($1), but this article shall not apply to any suit or proceeding before CONSOLIDATED-SALINA 1 1 1 justices of the peace pending at the time this ordinance takes effect, nor to the enforcement of judgments theretofore rendered by them. (R. O. 1948, 8-103) 10-104. Issuance of Process. All writs and processes of every kind in cases brought or pending in said City Court shall be issued by the clerk thereof, or in case of his absence or being otherwise engaged, then by the judge thereof in the name of the clerk, in the same manner as such writs and processes are issued by the clerk of the district court. (R. O. 19481 8-104) 10-105. Commencement of Term of Judge, Clerk and Marshal; Law Practice by Judge. The offices of judge, clerk and marshal of said court are hereby created, whose terms of office, respectively, shall commence from the date of their respective appointments or from the date of their election, and who shall hold their offices for the term of two (2) years and until their successors are elected and qualified, as provided by this article: Pro_vided, That it shall be unlawful for the judge, marshal or clerk of said court to draw any pleadings in said court or act as attorney for or to counsel or advise any person in any case in said court or in any case that is cognizable by said court either before said case is commenced or while same is pending in said court or pending in any other court in this state, or to act as attorney for or counsel or advise on any legal matter for any person while any case in which such person is a party or is in any manner interested, is pending in said City Court, during his said term or office. (R. O. 1948, 8-105) 10-106. Qualifications and Residence of Judge Clerk and Marshal Said judge, clerk and marshal shall at the time of their election be qualified voters of such city and shall reside therein during their term of office, and the judge of said court shall be a lawyer regularly admitted to practice law in the district courts of Kansas. (R. O. 1948, 8-106) 10-107. Direction and Execution of Process. All writs and processes issued by the judge or clerk of said court shall be directed to the marshal of said court or to the sheriff of said county in which said city is located, or when proper, to the sheriff of adjoining or other counties in said state, and shall be executed and returned by such officer in the same manner in all respects as now provided by law in relation to writs and processes issued by the clerk of the district court. (R. O. 1948, 8-.107) 10-108. Salary of Judge. Clerk and Marshal. The judge, clerk and marshal of the court shall each receive for his respective services, such salary as the Governing Body of the city may from time to time by ordinance fix. All such salaries shall be paid in monthly installments by such city out of the City Treasury: PE2Xj,drd fwctb�gj, That the Governing Body of such city is authorized CQNSOLIDATFD-SALINA 1 1 LJ to hire such deputy clerks and assistant clerks of said court at such times and at such salary as it may by ordinance provide, and pay the salary of any such deputy clerk or assistant clerk of said court in monthly installments out of the City Treasury. Z-9o� NOTE: The salaries are provided by�I�I1�111U111e. 10-109. Duties of Clerk. The clerk of said court shall record the proceedings of said court, make out all writs, processes and other papers necessary to be signed or issued by said clerk or judge, administer oaths required in judicial and other proceedings before such court or the judge thereof, file all papers in cases pending in said court, docket cases and set the same for trial, and he shall perform such other clerical duties in relation to the proceedings in said court as may be directed by said judge. (R. O. 1948, 8-109) 10•-110. Docket and Stationery. Said court shall keep a civil and criminal docket, which shall be furnished by such city, in which docket must be entered by the clerk or the judge every case brought or pending in said court and all the proceedings had or done therein, in the same manner in all respects as is provided by law relating to the docket of justices of the peace and such city shall furnish all necessary and proper stationery for the use of said court. (R. O. 1948, 8-110) 10-111 . Court Room and Supplies. The Governing Body of the city shall provide suitable rooms for holding said court in such city, and provide for suitable furniture, fuel and lights, and all other necessary incidental expenses of said court. (R. O. 1948, 8-111) 10-112. Change of Venue. In any civil case brought in said court, a change of venue may be taken to the District Court of said county in which said city is located upon the application of either party, in the same manner as is provided by law for taking changes of venue from district courts of this state. (R. O. 1948, 8-112) 10-113. Appeals. Appeals may be taken from said court to the District Court of the county in which such city is located, in the same manner and to the same extent as provided by law for appeals in cases before justices of the peace. (R. O. 1948, 8-113) 10-114. Judges Pro Tem. In case of the absence, sickness or disability of the judge of said court, such judge may appoint a judge pro tem of said court, who shall hold court for him and hear and determine any matter pending therein to the same extent that such absent or disabled judge might do if personally present, and such judge pro tem shall fill such position until the judge of said court can be personally present. (R. O. 19481 8-114) C O NSOL IDATF.D-SALINA 10-115. Judae, Clerk or Marshal Not to Act as Counsel for Party. Neither said judge, clerk or marshal shall draw any pleadings in their -said court nor act as attorney for any person in any such case. (R. O. 1948, 8-115) 10-116. Oath of Judge, Clerk and Marshal . The judge, clerk and marshal of said court shall, before entering upon the discharge of their duties, take and subscribe an oath to support the constitution of the United States and of the State of Kansas and to faithfully discharge the duties of their respective offices. Such oaths shall be administered by the clerk of the District Court of such city. (R. O. 1948, 8-116) 10-117. Deposit or Security for Costs. In all civil actions brought in said court, where the plaintiff is a nonresident of the State of Kansas, before summons or other process shall be issued therein, a deposit of Seven Dollars and Fifty Cents ($7.50) shall be made by the plaintiff with the clerk of said court as securing for costs in said case. The judge of said court may in any case require such security as he may deem sufficient to cover all costs therein: P ov d d That in cases where the plaintiff being a resident of the county wherein such city is located, and having a just cause of action against the defendant is unable by reason of his or her poverty to give such security, on affidavit made before said clerk or judge that such is the fact, no deposit or security for costs shall be required. In all actions in which security for costs has been given or a deposit been made the defendant may, upon reasonable notice given to the plaintiff, at any time before final judgment therein, move the court for an additional deposit or security for costs, and if on hearing said motion is not sufficient, it may require additional deposit or security for costs the court be satisfied that such security or deposit for costs+to be given by the plaintiff within a reasonable time, to be fixed by the court, and if not given as required the action may be dismissed: Provided That where the plaintiff is a resident of such county wherein such city is located, he may at the commencement of the suit deposit Five Dollars ($5), which shall be in lieu of all security or deposit for costs herein provided, except the jury fee where a jury is demanded by plaintiff. All costs advanced or paid by the plaintiff shall be returned to him when the same are collected from the defendant in the action. (R. O. 19481, 8-117) 10-118. Fees; Collections and Disposition of Fees and Costs. In all causes, civil or criminal, brought in said court, there shall be taxed therein the same fees in the amount of one hundred twenty-five per cent (125%) as are allowed by law in such cases before justices of the peace in this state, and when the same are collected they shall be paid by the clerk of said court, on the I first Monday in each month, to the City Treasurer of such city, and all such costs and fees shall be CONSOLIDATED-SALINA J collected as is provided by law for the collection of costs in justice courts of this state, and said City Treasurer shall credit the same to the city funds, and give duplicate receipts for the same, one of which shall on the same day be deposited with the City Clerk by the clerk of said court, together with a detailed statement of the .items of costs, the title of the case in which they were paid, and the name of the parties paying the same: Exgyi&d, That no fees of witnesses or jurors shal I be so deposited, but shall be paid by the clerk of said court to the parties to whom they are due: Provided fx1h,er, That all witnesses' fees and jurors' fees collected and not claimed by the persons entitled thereto, shall at the end of each six (6) months be paid to the City Treasurer, and if the same shall not be claimed by the persons entitled thereto within one (1) year from the date of their deposit with the said City Treasurer, said unclaimed witnesses' and jurors' fees shall be paid into the General Fund of the city. (R. O. 1948, 8-118) 10-119. Payment of Moneys by Check to Persons Entitled. All money paid into said court shall be paid to the clerk thereof, who shall pay the same to the party entitled thereto, except as provided in the next preceding section hereof. (R. O. 1948, 8-119) 10-120. Bond of Clerk. The clerk of said court shall give bond in the sum of Two Thousand Dollars ($2,000) to such city, to be conditioned, approved and deposited in the same manner as bonds of a justice of the peace of this state. (R. O. 1948, 8-120) 10-121. Bond of Marshal . The marshal of said court shall give bond in the sum of Two Thousand Dollars ($2,000) to such city, conditioned as now required by law for constables, and to be approved and deposited in the same manner as bonds of constables in this state. (R. O. 1948, 8-121) 10-122. Tenure of Judge, Clerk and Marshal. The terms of office of the judge, clerk and marshal of said court shall be for two (2) years, and they shall hold their respective offices until their successors are elected and duly qualified. The term of office of the judge, clerk and marshal of such City Court elected at such election shall commence at noon on the first Tuesday following such election. (R. O. 1948, 8-122) 10-123. Vacancies., All the vacancies in the office of judge, clerk or marshal of said court shall be filled by appointment of the Mayor and City Commission until the next election for city officers occurring more than thirty (30) days after such appointment. (R. O. 1948, 8-123) CONSOLIDATED-SALINA 1 D 1 Article 2. Police Court 10-201. Witnesses in Police Court; Fees 10-202. Stolen Property: Search Warrant 10-203. Stolen Property: Direction and Command of Warrant 10-204. Employment of City Jail Prisoners 10-205. Prisoners Confined 10-206. Prisoners' Meals 10-207. Prisoners: Refusal to Work; Penalty Ref.: Administration, Chap. 11, Art.3, Police Department, Chap. XII, Art. 1. NOTE: G. S. Chap. 13, Art. 6; G. S. and 1959 Supp. Chap. 13, Art. 23; Paroles, G. S. and 1959 Supp. Chap. 12, Art. 11. 10-201. Witnesses in Pol ice CoLirt: Fees. It shall be the duty of the Police Judge to summon al I persons whose testimony may be deemed essential as witnesses at the trial of any case in Police Court, upon the request of either party of the case, and to enforce the attendance of such witnesses by attachment when necessary. Al I process issued to secure the attendance of witnesses as herein provided may be served in any part of Saline County, as provided by G. S. 13-609. If any trial shall be. continued, the court may verbally notify such witnesses as may be present at the continuance to attend before him to testify in such case at the time to which the case is continued, and such verbal notice shall be as valid as a subpoena. Witnesses shall receive for each day's attendance at such court the sum of One Dollar ($1) per day, and Seven Cents (7�) per mile for each mile actually and necessarily traveled in going to and returning from the place of attendance: ,P,Eovidgd That no witness who resides in the City of Salina shall be entitled to any such mileage. Such witness fees, mileage and costs of serving any process shal I be taxed as costs in the case and assessed against the defendant when convicted, the same as in state cases. All witness and mileage fees must be claimed by the filing of a verified demand therefor before the witness leaves the place of trial after attending in response to any subpoena or order. No police officer shall be entitled to any fee as a witness in Police Court. Costs incurred on the part of the city shal I be paid by the city if the defendant is convicted and shall be unable to pay the judgment against him. When the defendant I CONSOLIDATED -SALIVA is convicted, no costs incurred on his part shall be paid by the city. If it shall appear to the Police Judge that the prosecution of any case has been instituted without probable cause or from malicious motives, he shall state the name of the person responsible for such prosecution in his finding, and shall adjudge the costs of the case against such person, and shall commit such person to jail until such costs are paid or secured to be paid. (R. O. 1948, 8-201) NOTE: Mileage, general statute, G. S. 75-3203. 10-202. Stolen Property: Search Warrant. Upon complaint being made on oath, charging t'nat any personal property under the value of Fifty Dollars ($50) has been stolen or embezzled, and that complainant suspects that such property is concealed in any particular house or place if the Judge of the Police Court shall be satisfied that there are reasonable grounds for such suspicion, he shall issue a warrant to search for such property. (Ord. 5584, Sec. 1, 9-21-51) 10-203. Stolen Property: Direction and Command of Warrant. Such warrant shall be directed to any police officer of the city and shall command him to search the place where such property is suspected to be concealed, in the daytime, which place shall be designated and the property particularly described in such warrant and to bring such property before the Judge of the Police Court. (Ord. 5584, Sec. 2, 9-21-51) 10-204. Employment of Cid Jail Prisoners. Whenever any able-bodied male prisoner is confined in the city jail after having been convicted of the violation of any ordinance of the city and being confined in punishment therefor, the Chief of Police shall, under the direction of the City Manager, compel such person to work at hard labor eight (8) hours of every working day: Provided. however, That the provisions of this section shall not apply to any prisoner physically unable to work. Any such prisoner so working shall be credited with Five Dollars ($5) per day on his fine and costs, and when the fine and costs are satisfied by such work he shall be discharged from custody. (R. O. 1948, 8-202, Ord. 5777, Sec. 1, 5-1-53) NOTE: G. S. 62-2109; G. S. Supp. 13-424; Duty to provide work not mandatory, Scholl v. Heumphreus, 136 Kan. 265. 10-205. Prisoners Confined. Any person as mentioned in the preceding section confined in the city prison and when at work may be secured by such chains, guards or other means of con- finement and restraint as may be necessary to prevent his escape and the Chief of Police may place CONSOLIDATED-SALINA 1 1 1 such prisoner in the care of any policeman or the Street Superintendent during the time he may be employed at such labor and compel him to work under their care and direction. (R. O. 1948, 8-203) 10-206. Prisoner's Meals. The Chief of Police shall cause each prisoner during his im- prisonment to be fed two (2) meals per day, if not working, and three (3) meals per day if working, of plain and wholesome food at the expense of the city. (R. O. 1948, 8-204) 10-207. Prisoners: Refusal to Work; Penal If any person liable to be set to work under the provisions of this article shall refuse to work when required he shall be kept in close confinement and be fed on bread and water only until he shall consent to work. (R. O. 1948, 8-2105) NOTE: Statute relating to bail bond and cash deposit records, etc., made applicable to all commission cities of the first class in 1957. See G. S. 1959 Supp. 13-2304 and G. S. 13-2305 to 13-2307. Ref.: See Chap. XII, Police Department. CONSOLIDATED -SALIVA 1 1 1 CHAPTER XI. FIRE DEPARTMENT Article I. Fire Department Article 2. Firemen's Relief Association Article 3. Dangerous Structures: Demolition, Removal; Repair Article 1. Fire Department 11-101. Qualifications of Recruits 11-102. Fire Alarm; Off Duty Firemen Report 11-103. Wear Uniforms, Badges; Comply With Rules 11-104. Fire Chief Responsible for Department; Makes Rules; Enforce Orders 11-105. Chief in Command at Fires;, Assistant Chief; Obstructing Firemen; Penalty 11-106. Fire Chief Keep Record of Fires; Record of Men and Inventory of Property 11-107. Firemen: Attend Fires 11-108. Cut Down or Remove Building, Etc., to Check Flames 11-109. Fire Guard; Police; Protection of Property, Keep Idle Away 11-110. Firemen Refuse Duty; Penalty 11-111 . Property of Fire Department; Taking; Penalty 11-112. Chief May Require Aid of Vehicles; Refusal; Penalty 11-113. Disorderly Conduct at Fire; Refusal to Obey Order of Fire Chief; Penalty 11-114. Penalty Ref.: Appointment of Personnel, �k Driving Over Fire Hose, Sec. 2 7- ! 7 0' CONSOLIDAZ&D-SALD(A 1 1 H False Fire Alarm, Sec. 2 "-,- 74S. Fire Prevention, Chap. 12. Fireworks, Following Fire Apparatus, Sea. z 7-./ 7o.7. Right of Way for Emergencies, Sec. 2 7- 2 d 4. Salaries, NOTE: Firemen's Retirement Law, G. S. Chap. 13, Art. 14a. For Authority to go Beyond City Limits in Emergency, G. S. 12-111. For Contracts with Townships, Etc. , G. S. and Supp. , Chap. 80, Art. 15. Investigation of Fires, G. S. 31-201, 31-204, 31-209. Removal of Combustibles, G. S. 1959 Supp. 31-205. 11-101. Qualifications of Recruits. No person shall become a member of the Fire Depart - ment of the City of Salina who is over the age of twenty-five (25) years unless such person is in fit and proper physical condition and shall have taken a physical examination by a physician selected for such purpose by the City Manager and the results of which shall be approved by the City Manager and the Chief of the Fire Department. (R. O. 1948, 9-101) 11-102. Fire Alarm: Off Duty Firemen Report. When the fire alarm is sounded, such firemen as may be off duty will immediately report to the Fire Department as ready to be summoned by the Fire Chief to assist in the protection of life and property. (R. O. 1948, 9-102) 11-103. Wear Uniform,. Ba es; Comply with Rules. All employees of the Fire Depart- ment shall, when on duty, wear such badges and uniforms as the Fire Chief may direct, and shall perform all duties required of them by him for the government of said Department. (R. O. 1948, 9-103) - g - •.• • - • - •.• u - • \I • . - C -M- Chief shall be held responsible for the discipline, good order and proper conduct of the entire Fire Department, subject to general supervision of the City Manager, and for proper care and main- tenance of all :Fire Department stations and all apparatus and property of the city belonging to the Fire Department; and shall have power to assign and locate employees of the Department as shall to him seem to best promote the efficiency of the service, and the proper care and maintenance of all stations and apparatus, and shall establish and enforce such rules and regulations governing the CONSOLIDATED-SALINA 1 1 Department as he shall deem necessary. (R. O. 1948, 9-104) 1 1 - 1 05. Chief in Command at Fires; Assistant Chief; Obstructing Firemen; Penalty. The Fire Chief shall have full power, control and command over all persons at fires; shall have power to remove and keep away from the vicinity of any fire all idle and suspicious persons lurking near the same, and to compel any person or persons present to aid in extinguishing such fires or preservation of property exposed to danger of the same, and in preventing goods from being pur- loin'. ed thereat; and shall station the engine and apparatus, and see to it that all members of the Fire Department do the duties required of them by law and ordinance; and it shall be the duty of the Chief to direct at all fires all such measures as he shall deem most advisable for the extinguish- ment of said fire. In the absence of the Fire Chief, the Assistant Chief or next higher officer in such Department shall command and be in control at such fire; and any person who shall hinder, obstruct or resist the person so in charge of any fire in the performance of his duties, shall be deemed guilty of a misdemeanor and, upon conviction thereof, punished by a fine not exceed- ing One Hundred Dollars ($100). (R. O. 1948, 9-105; G. S. 13-442) 11-106. Fire Chief Keep Record of Fires; Record of Men and Inventory of Property, The Fire Chief shall keep or cause to be kept, in a suitable book, a record of all fires that occur, showing the estimated value of the property placed at risk thereby, together with the supposed cause of CONSOLIDAT&D-SALWA 1 1 1 each fire and the amount of insurance involved and the loss incurred. He shall also keep a record of all men employed in the Department, with the time so employed; also an inventory book, showing at all times a list of the property belonging to the city in charge of the Fire Department together with any other records that may be necessary to show at any time the workings and conditions of said Department; and at the close of each fiscal year he shall make a report to the City Manager giving a summary of the work done by him and his Department and the expenses and general con- dition of said Department. (R. O. 1948, 9-106) 11-107. Firemen: AttendFires. All firemen, under the direction and control of their proper officers, shall, upon alarm of fire, repair to the place of such fire with the engine and other apparatus under theircare,and there work and manage the same under the direction of the Chief and his assistants, or of the officer having chief control, and shall not remove therefrom except by permission of such officer. (R. O. 1948, 9-107) 11-108. Cut Down or Remove Buildings, Etc., to Check Flames, The Fire Department, may, under the direction of the Chief, or in his absence, under the direction of the Assistant Chief cut down or remove any building, erection or fence for the purpose of checking the progress of any fire, every reasonable effort having been made to check the flames by other means. (R. O. 1948, 11-109. Fire Guard; Police; Protection of Property; Keep Idle Away. At all fires, the Police shall act as a fire guard, under the control and direction of the Fire Chief. It shall be the duty of the fire guard to take charge of all property removed from the buildings at fires and deliver the same to the Chief, or in his absence, to store or otherwise to protect the same until it is claimed by the owner or owners and upon such claim to deliver up such property to the owner or owners upon the payment to the Chief of all expenses necessarily and actually incurred in and about the care and protection of such property, and for which a receipt shall be given by the Chief; and the said fire guard is hereby invested with all necessary authority for the purpose of taking charge and possession of such property; and it shall be the further duty of said fire guard to prevent the hose from being trodden upon, and to keep all idle and suspected persons from the fire and its vicinity, and also to use al I proper exertions within their power for the protection of property endangered at fires; and all citizens are hereby enjoined and required to comply with the directions of any of the said fire guards. (R. O. 1948, 9-109) 11-110. _Firemen Refuse Duty; Penalty. Any fireman or other person who at a fire shall refuse to obey the orders or directions given by the officer in charge, or who shall resist or impede any CONSOLiDATEDSALINA 1 1 1 officer or fireman in proper discharge of his duty, shall, in the absence of a sufficient excuse, be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined in any sum not exceeding Fifty Dollars ($50). (R. O. 1948, 9-110) 11-111 . Property of Fire Department; Taking; Penalty. No person shall willfully and without proper authority remove, take away, keep or conceal any tool, appliance or other article belonging to any fire apparatus or fire station, or anything used in any way by the Fire Department, and any person who shall willfully injure in any manner any hose, fire engine, or other apparatus or any building containing the same belonging to the City of Salina shall, upon conviction thereof, be fined in any sum not exceeding Fifty Dollars ($50). (R. O. 1948, 9-111) 11-112. Chief May Require Aid or Vehicles; Refusal; PengJt,,y, , It shall be lawful for the Chief of the Fire Department or officer in command of any company or for the City Manager, to require the aid of any vehicle in conveying any fire apparatus of any kind to any fire or in case of any emergency; and if any person shall refuse or neglect to comply with such demand, he shall be liable to paying a fine not to exceed Twenty-five Dollars ($25). (R. O. 1948, 9-112) 11-113. Disorderly Conduct at Fire; Refusal to ObeyOrder Of Fire Chief; Penalty. Every person at or near a fire who shall conduct himself in a disorderly manner, or neglect or refuse to obey promptly any proper order of the Fire Chief or his assistant, or who shall resist, obstruct, hinder or abuse any officer of the Fire Department, or any fireman, in the proper discharge of his duties shall, upon conviction thereof, be fined not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100) for each offense; and any of'the aforesaid officers or any police officer may forthwith arrest without warrant and take to the police station any person so offending. (R. O. 19481 9-113) 11-114. Penalty Any person found guilty of violating any of the provisions of this article for which no penalty is hereinbefore named, or who shall refuse or neglect to comply with any of the directions of the Fire Chief or his assistant given in accordance therewith shall, upon con- viction thereof, be fined not less than Five Dollars ($5) nor more than One Hundred Dollars ($100) for each offense. (R. O. 1948, 9-114) CONSOLIDAT&D-$ALINA 1 1 1 Article 2. Firemen's Relief Association 11-201. Officers; Bylaws 11-202. Funds, How Handled 11-203. Board of Commissioners; Disbursements 11-204. Funds, Limitation of Use 11-205. Funds Held in Trust 11-206. Insurance Policies 11-207 . Two Pensions at Same Time Prohibited NOTE: G. S. 1959 Supp. Chap. 40, Art. 17, Rules and Regulations, rulings and interpre- tations of State Insurance Commissioner. 11-201. Officers; Bylaws. The Firemen's Relief Association of Salina shall be composed of all regularly paid members of the Fire Department of said city. The Chief of the Fire Depart- ment and Assistant Chief of the Fire Department shall be ex officio president, and vice president, respectively, of said Firemen's Relief Association. The officers of said Association shall consist of a president, vice president, secretary and treasurer and a board of directors which shall consist of the president, vice president, secretary and two members, all to be selected as provided by the bylaws of said Firemen's Relief Association. Said Association shall adopt such bylaws, rules and regulations as it may deem advisable in carrying out and promoting the objects of said Association, not inconsistent with this article, or the laws of the State of Kansas. The secretary shall keep a complete record of the transactions of the Association, which shall at all times be subject to inspection by the Board of Commissioners of the City of Sa I i na . (R. O. 1948, 9-201) 11-202. Funds., How Handled. The treasurer of the Firemen's Relief Association of the City of Salina shall at all times be the custodian of all funds belonging to the Firemen's Relief Association of Salina, and he shall give bond for the safekeeping of such funds and for faithful performance in such sum with such sureties as may be approved by the Board of Commissioners. (R. O. 1948, 9-202) 11-203. Board of Commissioners; Disbursements The Firemen's Relief Association shall, through the president, vice president and secretary of said Association, present to the Board of Commissioners of said city, in writing, a statement of any disbursements that the Association through its board of directors desires to make, and if the same is approved by the Board of Commissioners, CONSOLIDATED-SALINA 1 n the amount so approved shall be allowed by the Firemen's Relief Association for the use and purposes of said Relief Fund. In all cases involving expenditures or payments in an amount of Five Hundred Dollars ($500) or more prior certification shall be obtained from the City Attorney that such expen- diture or payment complies with Chapter 40, Article 17 of the General Statutes Supplement of 1959 and amendments thereto. (R. O. 19481 9-203) 11-204. Funds, Limitation of Use. All moneys received by the treasurer of the Firemen's Relief Association of the City of Salina for said firemen's relief shall be set apart and used by the Firemen's Relief Association solely and entirely for the objects and purposes set forth in this article and as set forth in Chapter 40, Article 17 of the General Statutes Supplement of 1959, and any amendments thereto, and shall be paid to and distributed by the Firemen's Relief Association under such provisions as shall be made by the Board of Commissioners. The officers of such Firemen's Relief Association may invest any amount not exceeding ninety per cent (90%) of all such moneys, in purchasing bonds of the City of Salina: Pro , That if said bonds of the City of Salina are not obtainable, United States government bonds may be purchased or any municipal bonds of this state may be purchased: Provided further,.. That such relief funds are used to purchase bonds where the bonded indebtedness of said municipality does not exceed fifteen per cent (15%) of its assessed valuation as shown by the last assessment preceding such investment. Such purchase must be approved by the Board of Commissioners of the City of Salina: &guided• That it shall be the duty of the City Attorney to examine all such bonds as to the validity and report thereon in writing to the Board of Commissioners and the Firemen's Relief Association and no bonds shall be purchased by said Firemen's Relief Association until they have been approved and found valid by the City Attorney. (R. O. 19481 9-204) 11-205. Funds Held in Trust. All moneys collected and received by the Firemen's Relief Association shall be held in trust and used as a fund for relief of any member of the Fire Department when injured or physically disabled in or by reason of the discharge of his duties as such, and for the relief or in payment of gratuities to the widow or those dependent on any member of such Fire Department who may be killed in the discharge of his duties as fireman, or who may die from the effects of injuries so received or from disease contracted by reason of his duties as such, and for the payment of the necessary funeral expense of any member of such Fire Department when killed in the discharge of his duties as fireman, or in the case of death resulting from injuries so received CONSOLIDATED -SALIVA 1 1 1 or disease contracted by reason of his duties as such, or for the further purpose of paying a pension to members who are unfit for service for having served for a period of not less than twenty (20) years on the Department, such pension not to exceed in amount one-half (%z) of the month ly salary at the date of retirement, or for the purchase of insurance which would provide for any and all of the foregoing purposes for which such fund is authorized: ,PtQMId"nho,wg,YA&.; That the Firemen's Relief Association of the City of Salina is hereby authorized to lend part or all of such funds to the City of Salina to be used by the city in the improvement of its Fire Department and equipment thereof and the city is hereby authorized to borrow the same and issue to the treasurer of the Firemen's Relief Association of the City of Salina, its warrant therefor bearing interest payable semiannually at a rate of not to exceed six percentum (6%) per annum. (R. O. 1948, 9-205) 11-206. Insurance Policies, The Firemen's Relief Association of Salina, may provide insurance as provided in Section hereof, subject to the following limitations: (a) Policies must be purchased, owned and held by the Firemen's Relief Association of Salina; (b) Policies must name the said Firemen's Relief Association as beneficiary and must not contain a provision which would permit the assured to change the beneficiary; (c) Life insurance must be for term insurance only; and (d) Policies must be limited to cover only accidental injuries or disease , suffered or contracted, or death resulting therefrom, by reason of duties as a member of the Fire Department: Provided, hoytoyer,, That it will be permissable for said Association to purchase policies giving twenty-four (24) hour coverage by requiring individual members to pay the additional cost over the limited coverage, which additional cost is hereby determined to be fifteen per cent (15%) of the total premium on this policy. (R. O. 1948, 9-206) 11-207. Two Pensions at Some Time Prohibited. No person having been a regularly paid member of the Fire Department of the City of Salina shall be entitled to receive benefits in the form of relief and pensions at the same time and such double benefits are hereby prohibited. (R. O. 19481 9-207) CONSOLIDATED-$ALINA 1 LJ Article 3. Dangerous Structures: Demolition, Removal and Repair 11-301. Fire Chief's Powers Relating to Dangerous Structures 11-302. Definitions to Prevail r 11-303. Dangerous and Insecure Structures 11-304. Procedure 11-305. Notice; Assessment 11-306. Barricades NOTE: G. S. 13-441. 11-301. Fire Chief's Powers Relating to Dangerous Structures. The Chief of the Fire Department, who shall, for the purposes of Sections 11-301 to 11-306, both inclusive, of this article, be the City Fire Marshal, shall have power to enter into and examine all dwelling houses and other buildings and enclosures of every description in order to ascertain whether any of them is in a dangerous condition. (R. O. 1948, 6-701) 11-302. Definitions to Prevail In order to provide for making insecure or dangerous buildings, walls or other structures safe and secure or removing the same, the definitions and pro- cedures provided by this article shall prevail. (R. O. 1948, 6-702) 11-303. Dangerous or Insecure Structures. All buildings, walls and other structures having any or all of the following defects shall be deemed insecure or dangerous: (a) Those structurally unsafe and liable to fall and collapse or having vertical structural members or supports that list, lean or buckle to an extent that safety is questionable. (b) Those which show thirty-three percent (33%) or more of damage or deterioration of the or fifty per cen (50%) or more of damage or deterioration of the nonsupporting members supporting members/enclosing or outside walls or covering. (c) Those which have an improperly distributed load upon the floors or roofs or on which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. (d) Those which have been damaged by fire, wind, want of repair, or other causes so as to have become dangerous to life, safety or the welfare of the occupants or the people of the city. (e) Those which have become or are so dilapidated, decayed or unsafe that they are unfit for human habitation or likely to work injury to the health, safety or general welfare of those living therein. CONSOLIDATED-SALINA 1 1 1 (f) Those walls which may fall and injure other property or the public and those buildings or structures having parts thereof which are so insecurely attached that they may fall and injure other property and the public. (R. O. 1948, 6-703) 11-304. Procedure. When the Chief of the Fire Department (Fire Marshal) shall be satisfied that a building, wall or other structure is insecure or dangerous, he shall file a report with the Board of Commissioners, which report shall give an accurate description of the location of the land on which the building, wall or other structure is situated, a description of the insecure or dangerous conditions of the building, wall or other structure and state that in his opinion the building, wall or other structure is insecure or dangerous and should be made safe and secure or re- moved as the case may be. The Board of Commissioners, if it is of the opinion that the building, wall or other structure should be rendered safe and secure or removed, shall adopt a resolution fix- ing a date and hour and place for a hearing and giving a description of the land on which the building, wall or other structure is situated and such other description as may be deemed advisable and stating that the owner or owners will have an opportunity to be heard on the question as to whether the building, wall or other structure is insecure or dangerous, and a certified copy of said resolution shall be sent by the City Clerk by registered mail to the owner or owners of the property if the owner or owners and their address be known and the resolution shall be published once in the official city paper and failure of the owner or owners to receive the copy of the resolution shall be no excuse for failure to appear and be heard, the publication in the official city paper being hereby declaredto be sufficient notice. The date of the hearing shall not be less than ten (10) days nor more than twenty (20) days from the date of the resolution, publication of which shall be at least seven (7) days before the hearing. At the time and place fixed by the resolution for the hearing, the Chief of the Fire Depart - ment (Fire Marshal) shall present such evidence as he may deem necessary to show that the building, wall or other structure is insecure or unsafe and that itshouid be made secure and safe or removed. The owner or owners shall be given a full opportunity to present evidence to show that the build- ing, wall or other structure is not insecure or is not unsafe and that there is no reason to repair it or to remove it. All testimony shall be under oath and the Mayor and City Clerk shall be authorized to administer the necessary oaths. If the Board of Commissioners be of the opinion that the build- ing, wall or other structure is insecure or dangerous, it shall so find, and if the owner or owners do not appear or protest, the report of the Chief of the Fire Department (Fire Marshal) shall be CONSOLIDATED -SALIVA 1 1 1 taken as true. Thereupon, the Chief of the Fire Department (Fire Marshal) shall give three (3) days' notice to the owner or owners if the owner or owners be known and if the addresses be known and if the owner or owners is or are unknown, the Chief of the Fire Department (Fire Marshal) shall post a written notice on the building, wall or other structure stating that such building, wall or other structure is unsafe or dangerous and that if within such three (3) days the owner or owners shall not make the building, wall or other structure safe and secure or remove the same as provided by the order of the Board of Commissioners and the notice of the Chief of the Fire Department (Fire Marshal), then the Chief of the Fire Department (Fire Marshal) shall make building, wall or other structure safe and secure or remove the same keeping an account of the costs thereof: Provided, That if the building, wal I or other structure cannot be made safe or removed within the three (3) days and repairs or removal are begun within the three (3) days, the Chief of the Fire Department (Fire Marshal) shall have power to extend the time for so long as he may deem reasonable, but he may, at any time in the event the owner or owners fail to comply with said order with dispatch, take over the making of repairs or the removal. (R. O. 1948, 6-704) 11-305. Notice: Assessment. If the owner or owners be known, the Chief of the Fire Department (Fire Marshal) shall give them written notice of the amount of cost incurred by the city in making the building, wall or other structure safe and secure or in removing it, and if the costs thereof be not paid by the time of certifying taxes and assessments to the County Clerk, such costs shall be, by the Governing Body, levied as a special assessment against said property. (R. G. 1248, 6-705) 11-306. Barricades. If any, building, wall or other structure becomes in such condition that the Chief of the Fire Department (Fire Marshal) is of the opinion that the walls or other portion of a building may at any time fall into the street, he shall have the power to erect barricades around such structure so as to protect the public until the procedure herein provided can be followed. (R. 0. 1948, 6-706) CONSOLIDAYSD-SALIVA 1 1 CHAPTER XII. FIRE PREVENTION Article 1. Fire Prevention Article 2. Fireworks Article 3. Dry Cleaning Plants Article 4. Liquefied Petroleum Gases Article 5. Miscellaneous Provisions Article 1. Fire Prevention 12-101. Incorporation of Standard Fire Prevention Code by Reference 12-102. Omissions, Deletions, Changes and Additions 12-103. Orders to Eliminate Dangerous or Hazardous Conditions 12-104. Investigation of Fires 12-105. Fire Drills in Educational and Institutional Occupancies 12-106. Permit Required (Automobile Tire Rebuilding Plants) 12-107. Permit Required (Automobile Wrecking Yards, Junk Yards and Waste Material Handling Plants) 12-108. Permit Required (Dowling Alleys) 12-109. Cellulose Nitrate Motion Picture Film 12-110. Permit Required (Cellulose Nitrate Plastics) 12-111. Permit Required (Combustible Fibres, Storage and Handling) 12-112. Dry Cleaning Plants 12-113. Permit Required (Dust Explosions, Prevention of) 12-114. Exitways, Maintenance of 12-115. American Table of Distances for Storage of Explosives 12-116. Transportation of Explosives 12-117. Fireworks CONSOLIDATED-SALINA FJ 1 1 A 12-118. Permit Required (Flammable Finishes, Application of) 12-119. Storage and Handling of Flammable Liquids 12-120. Storage and Handling of Flammable Liquids 12-121. Flammable Liquids 12-122. Permit Required for Fumigation and Insecticidal Fogging 12-123. Permit Required (Garages) 12-124. Permit Required (Hazardous Chemicals) 12-125. Liquefied Petroleum Gases 12-126. Permit Required (Lumber Yards and Woodworking Plants) 12-127. Permit Required (Magnesium) 12-128. Permit Required (Matches) 12-129. Permit Required (Ovens, Industrial Baking and Drying) 12-130. Permit Required (Places of Assembly) 12-131. Permit Required.(Refrigeration, Mechanical) 12-132. Permit Required (Tents) 12-133. Permit Required for Gas Welding or Cutting 12-134. Permit Required for Storage of Calcium Carbide 12-135. Permit Required for Acetylene Generators 12-136. Penalties 12-101. Incorporation of Standard Fire Prevention Code by Reference. The "Fire Prevention Code," Edition of Nineteen Fifty Six (1956), recommended and published by the National Board of Fire Underwriters, 85 John Street, New York 38, N. Y.; 222 West Adams Street, Chicago 6, Ill.; 465 California Street, San Francisco 4, Calif., and the whole thereof, save and except such sections, articles, chapters, parts or portions as are omitted or deleted and subject to such changes and additions as shall be fully stated hereinafter, is hereby incorporated in this code by reference the same as if the same had been herein fully set out, all as authorized by Sections 12-3009 through 12-3012, both inclusive of the 1959 Supplement to the General Statutes of Kansas, 1949. CONSOLIDATED -SALIVA Ir Where, in this article "this code" is used,it shall refer to the Fire Prevention Code hereby incorporated by reference, and where the "Code of Salina" is referred to it shall mean the Code of Salina of which this article is a part. Where "corporation counsel" is used in the code, it shall refer to the City Attorney of Salina. 12-102. Omissions, Deletions, Changes and Additions. The following matter in this article states what matter is omitted or deleted from this code and what changes are made and what matter added. 12-103. Sections 1.05 and 1.06. Orders to Eliminate Dangerous or Hazardous NOTE: See G. S. 1959 Supp. 31-205. 12-104. Section 1.07. Investigation of Fires is omitted. NOTE: For statute on this subject, see G. S. 31=201 through 31-204. 12-105. Section 1.12. Fire Drills in Education and Institutional Occupancies is omitted. NOTE: For statute on this subject, see G. S. 31-208. 12-106. Section 2.02. Permit Required (Automobile Tire Rebuilding Plants) is omitted. 12-107. Section 3.02. Permit Required (Automobile Wrecking Yards, Junk Yards and Waste Material Handling Plants) is omitted. 12-108. Section 4.02. Permit Required (Bowling Alleys) is omitted. 12-109. Article 5. Cellulose Nitrate Motion Picture Film is omitted. NOTE: See Chapter 31, Article 1, General S-!;atutes of 1949 for provisions relating to this subject. 12-110. Section 6.02. Permit Required (Cellulose Nitrate Plastics) is omitted. 12-111. Section 7.02. Permit Required (Combustible Fibres, Storage and Handling) is omitted. CONSOLMATEr-SALINA 11 1 12-112. Article 8. Dry Cleaning Plants is omitted. Ref.: See Article 3 of this chapter. 12-113. Section 9.02. Permit Required (Dust Explosions, Prevention of) is omitted. 12-114. Article 10. Exitways, Maintenance of. NOTE: In addition to the provisipns of this article, see G. S. 31-103. 12-115. Table 11.06. American Table of Distances for Storage of Explosives is changed by adding thereto the following: Provided, That in no case shall the distance be less than required by Section 21-2447 of the General Statutes of 1949. 12-116. Section 11.09 c and d. Transportation of Explosives is chanqed to read: c. and ci. (a) Every vehicle while carrying explosives shall be marked or placarded on each side and the rear with the word "explosives" in letters not less than eight (8) inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four (24) inches square marked with the word "danger" in white letters six (6) inches high. (b) Every said vehicle shall be equipped with not less than two (2) fire extinguishers filled and ready for immediate use and placed at a convenient point on the vehicle so used. NOTE: See G. S. 8-5,109. 12-117. Article 12. Fireworks is omitted. Ref.: See Article 2 of this chapter. 12-118. Section 14.02. Permit Required (Flammable Finishes, Application of) is omitted. 12-119. Section 14.26. Storage and Handling of Flammable Liquids. Subdivision a is hereby changed to read: a. The storage and handling of flammable liquids shall be in accordance with the rules and regulations of the State Fire Marshal. 12-120. Section 14.34. Storage and Handling of Flammable Liquids..is hereby changed l � to read: The storage and handling of flammable, dip -tank liquids, shall be in accordance with the rules and regulations of the State Fire Marshal. COMSOLMArsn-SALINA 1 12-121. Article 15. Flammable Liquids is omitted. i NOTE: See State Fire Marshal's Rules and Regulations on the following subjects: 1. Regulations Governing Bulk Oil Stations. Effective December 31, 1947. 2. Regulations Governing the Dispensing of Inflammable Liquids at Retail Service Stations and Bulk Oil Stations. Refiled with Revisor of Statutes, January 1, 1948. 3. Regulations Governing the Labeling of Containers for Inflammable Cleaning Fluids. Refiled with Revisor of Statutes, January 1, 1948. 4. Transportation of Gasoline, Tractor Gas, Kerosene, Fuel Oils and Similar Inflammable Liquids and Inspection of Transport Trucks. Refiled with Revisor of Statutes, November 7, 1952. 5. Rules and Regulations Relating to The Liquefied Petroleum Gas Industry. Effective June 20, 1958. C, 12-122. Section 16.03. Permit Required for Fumigation and Insecticidal Fogging is omitted. NOTE: See Chapter 2, Article 24, General Statutes Supplement of 1959, relating to Pest Control. 12-123. Section 17.02. Permit Required (Garages) is omitted. 12-124. Section 18.03. Permit Required (Hazardous Chemicals) is omitted. 12-125. Article 19. Liquefied Petroleum Gases is omitted. NOTE: See "Rules and Regulations Relating to The Liquefied Petroleum Gas Industry of the State of Kansas" of the State Fire Marshal, effective June 20, 1958. 12-126. Section 20.01. Permit Required (Lumber Yards and Woodworking Plants) is omitted. 12-127. Section 21.03. Permit Required (Magnesium) is omitted. 12-128. Section 22.01. Permit Required (Matches) is omitted. 12-129. Section 24.02. Permit Required (Ovens, Industrial Baking and Drying) is omitted. CONSOLIDATED -SALIVA 1 1 12-130. Section 25.01. Permit Required (Places of Assembly) is omitted. 12-131. Section 27.01. Permit Required (Refrigeration, Mechanical) is omitted. 12-132. Section 29.01. Permit Required (Tents) is omitted. 12-133. Section 30.01. Permit Required for Gas Welding or Cutting is omitted. 12-134. Section 30.09. Permit Required for Storage of Calcium Carbide is omitted. 12-135. Section 30.12. Permit Required for Acetylene Generators is omitted. 12-136. Penalties. Any person or persons or corporation who shall violate any of the code hereby adopted or any changes or additions thereto prescribed by this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder, or who shall build -in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken thereunder, shall severally for every such viola- tion and noncompliance, respectively, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars ($200), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons or corporations shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. Article 2. Fireworks 12-201. Definitions 12-202. Certain Fireworks Authorized and Others Prohibited 12-203. Sale: L=icense Required 12-204. Time When Sale Permitted 12-205. Storage: Retail Only 12-206. Sale or Storage in Places Handling Flammable Substances Prohibited; Exceptions CONSOLIDATED-SALINA 1 11 12-207. Fire Extinguishers Required 12-208. Sale; Storage; Discharge Near Gasoline Stations, Etc., Prohibited; Exceptions 12-209. Use, When Permitted 12-210. Display; Signs 12-211. Display or Sale Prohibited Certain Places 12-212. Throwing Prohibited; Use Near Hospitals 12-213. Duty of Parents 12-214. Fireworks: Stocks; Inspection; Confiscation 12-215. Nuisance; Injunction 12-216. Penalty 12-201. Definitions. The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substance, or article pre- pared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks con- taining any explosive or flammable compound, or any tablets, or other device containing any explosive substance. Nothing in this regulation shall be construed as applying to I toy paper caps containing not more than twenty-five hundredths (.25) of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private trans- portation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of skyrockets or missiles when produced by science class of any school and when under the supervision of the science instructor and when the place and time of firing the skyrocket or missile has been approved by the Fire Chief. 12-202. Certain Fireworks Authorized and Others Prohibited. The sale, use and possession of the following articles of fireworks within the City of Salina is hereby approved, except that prohibited items may be used for public display purposes under and as limited by Section 12-209: !C (a) Roman candles, not to exceed 1 -*.e (1-2) balls; CONSOLIDATED-SALINA 1 1 (b) Cylindrical fountains without report (includes handle, spike and base foundation), total pyrotechnic composition not to exceed seventy-five (75) grams each in weight. The inside tube diameter shall not exceed three-fourths (3/4) inch nor more than six and one-half (6%2) inches in length. (c) Cone fountains and whistling fountains without report, total pyrotechnic composition not to exceed fifty (50) grams each in weight. (d) Wheels, total pyrotechnic composition not to exceed sixty (60) grams in weight for each driver unit, but there may be any number of drivers on any one wheel. The inside bore of driver tubes shall not be over one-half (%2) inch. All movements must be controllable. (e) Railway fusees without spikes, truck flares, hand ship distress signals and illuminating torches, but excluding those containing magnesium. Total pyrotechnic composition of illuminating torches not to exceed one hundred (100) grams each in weight, nor more than six and one-half (61/2) inches in length. (f) Sparklers and dipped sticks, total pyrotechnic composition not to exceed one hundred (100) grams each in weight, nor more than twenty (20) inches in length. (g) Colored box, cone fire and smoke pots, total pyrotechnic composition not to exceed one hundred (100) grams each in weight. (Does not include magnesium flares or smoke grenades. ) (h) Star, comet and floral type shells of which the mortar is an integral part, except those designed to produce an audible effect, total pyrotechnic composition not to exceed forty (40) grams each in weight. (i) Mines of which the mortar is an integral part, except those designed to produce an audible effect, total pyrotechnic composition not to exceed forty (40) grams each in weight. (j) Parachute shell without report, mortar mounted on wood base and parachute not having an attached flare. (k) Fireworks pieces that are a combination of the above approved items, (subparagraphs (a) to (j) ), and which are mounted on one base. Total number of items on one base shall not exceed nine (9). (1) Non-poisonous snake and items of similar composition. (m) Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half (1%2) inches in length by one quarter (%a) inch in diameter, designed to produce an audible effect, total pyrotechnic composition not to exceed two (2) grams in weight. CONSOLIDATED-SALINA r] The sale, use and possession of all other kinds and types of fireworks, within the City of Salina, subject to the limitation aforesaid, are hereby prohibited. (Ord. 5784, Sec. 1, 6-12-53) 12-203. Sale: License Required. It shall be unlawful for any person, firm or cor- poration to display for sale, sell or offer for sale any fireworks, including sparklers, except those specifically authorized in Section 12-202: Prnvidec4 That as a condition precedent to the sale, selling or offering for sale of any such fireworks, any such person, firm or corporation shall first apply for and obtain a license so to do from the City Clerk. Before any such license is issued, said applicant for such license shall pay to the City Clerk a license fee of Twenty-five Dollars ($25). Such license fee shall be due and payable on or before June 27 of each year and no license shall be issued after said date. A separate license shall be secured for each and every place from which the applicant for a license desires to sell fireworks, which license shall be displayed in a conspicuous place in the place of business in which such fireworks are to be sold. (Ord. 5784, Sec. 2, 6-12-53) 12-204. Time When Sale Permitted. No fireworks shall be sold or offered for sale except from and after June 27 to and including July 4 of each year. (Ord. 5784, Sec. 3, 6-12-53) 12-205. Storage: Retail Only No fireworks and/or pyrotechnics, the sale of which is not prohibited under Section 12-202 of this article, shall be kept or stored anywhere within the corporate limits of the City of Salina at any time other than from June 10 to July 10, inclusive, of each year. No person, firm or corporation shall keep or store any fireworks and/or pyrotechnics for wholesale sale or for sale other than retail trade within the corporate limits of the City of Salina. (R. O. 1948, 13-704) 12-206. Sale or Storage in Places Handling Flammable Substances Prohibited.; Exceptions. Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless in a separate and distinct section or department of the store. 12-207. Fire Extinguishers Required. Two approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have fire extinguishers as required for buildings, or in lieu of the fire extinguishers may have a barrel of water and two (2) buckets available in close proximity to the stand for use as fire extinguishing equipment. CONSOLIDATED-SALINA 1 J 12-208. Sale; Storage: Discharge Near Gasoline Stations, Etc, Prohibited; Exceptions. Fireworks shall not be stored, kept, sold or discharged within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one 0 ) gallon, ,except in stores where cleaners, paints and oils are handled in sealed containers only. 12-209. Use: When Permitted. No fireworks and/or pyrotechnics shall be fired, exploded and/or used within the corporate limits of the City of Salina, except during that period of time commencing at six (6) o'clock p.m. on July 3 and ending at twelve (12) o'clock midnight on July 4, except where July 4 falls upon Sunday, then such fireworks and/or pyrotechnics may be exploded and/or used from six (6) o'clock p.m. July 3 up to twelve (12) o'clock midnight on July 5: Provided, That the Board of Commissioners may permit the display of fireworks, which includes the presenting of complete pyrotechnical displays or the shooting of aerial reports or bomb shells under the direction of an expert operator, which display or the shooting of aerial reports or bomb shells, shall be carried out under conditions as may be prescribed by the City Manager as shall, in his opinion, not be hazardous to surrounding property or dangerous to any person or persons. (R. O. 1948, 13-705) 12-210. -Display.;Si_ ans. All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty at all times at counters where such fireworks are on display: Provided That fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty. Signs reading "Fireworks for Sale -- No Smoking Allowed" shall be displayed in the section of the store set aside for the sale of fireworks. 12-211. Display or Sale Prohibited Certain Places. No fireworks and/or pyrotechnics of any kind or nature shall be displayed, sold or offered for sale in any open place in front of any place of business, or in any doorway, or upon any sidewalk or within fifty (50) feet of any gasoline filling station or any bulk oil or gasoline station or plant. (R. Q 1948, 13-707) 12-212. Throwing Prohibited; Use Near Hospitals. It shall be unlawful for any person to throw fireworks of any kind from any vehicle of any kind, or into any vehicle of any kind, nor shall any fireworks be thrown from any building or structure. No fireworks shall be exploded or used within three hundred (300) feet of any hospital, or within any business district in the city. (R. O. 1948, 13-708) CONSOLIDATED-SALINA 1 �i LJ 12-213. Duty of Parents. It shall be unlawful for any parent, guardian or other person having the care or custody of any minor, to either furnish or give to such minor at any time, any of the fireworks or other articles prohibited being sold within the city, or to furnish or give to any minor any fireworks not prohibited under the provisions of Section 12-202 hereof, at any time, except upon the days when such fireworks and/or pyrotechnics are permitted to be sold within the corporate limits of the city under the provisions of this article. (Ord. 5784, Sec. 4, 6-12-53) 12-214. Fireworks• Stocks; Inspection; Confiscation The stock of fireworks and/or pyrotechnics of any merchant or dealer of the city shall be subject to inspection by the Chief of the Fire Department at any time, and if said stock shall be found to comply with the provisions of this article, upon application, a license shall be granted for the sale thereof, and the same shall be issued by the City Clerk upon the payment of the license fee under the conditions provided for in this article. If said stock of fireworks and/or pyrotechnics, or any portion thereof, shall be found to be in violation of the provisions of this article, then such portion of said stock of fire- works, kept in violation of the provisions of this article, shall be subject to confiscation, and no license shall be issued to any such person keeping such stock of fireworks and/or pyrotechnics, for the sale of any fireworks during such calendar year when said person so owning such stock, shall violate the terms of this article, as herein provided, and it shall be unlawful for any person or persons, company or corporation so violating the provisions of this article, to display and/or sell any fireworks and/or pyrotechnics of any kind or nature. (R. O. 1948, 13-710) 12-215. Nuisance; Injunction. The possession, storing, transportation, displaying, for sale, selling, offering for sale, giving away, discharging, firing or using any of the fireworks, pyrotechnics or other articles mentioned in Section 12-202 of this article at any place within the City of Salina or within three (3) miles from the city limits by any person, firm or corporation is hereby declared to be a nuisance and any such nuisance shall be abated by injunction or otherwise as provided for in Section 13-1417 of the General Statutes of Kansas, 1949: Provided That the remedy provided for in this section is in addition to any penalty provided in this article for the violation of its provisions. (R. O. 1948, 13-711) 12-216. Penalty Any person, firm or corporation who shall be found guilty of violating any of the terms or provisions of this article, shall, upon conviction thereof, be fined in any sum not exceeding Twenty-five Dollars ($25), or be imprisoned in the city jail not exceeding ten (10) days. (R. O. 1948, 13-712) CONSOLIDATED -SALIVA 1 Article 3. Dry Cleaning Plants 12-301. Dry Cleaning Plant Regulations 12-302. Penalty 12-301. Dry Cleaning Plant Reg ations. The "Rules and Regulations For Dry Cleaning Plants" promulgated and issued by the State Fire Marshal of Kansas and filed with the Revisor of Statutes, January 1, 1948, with amendments filed with the Revisor, March 15, 1954, are hereby incorporated in this Code by reference and made a part hereof the same as if set out in full. 12-302. Pe_ _ nalty. Any person, firm or corporation who shall violate any of the provisions of the Rules and Regulations for Dry Cleaning Plants as incorporated by reference by the preceding section and who, after notice from the Chief of the Fire Department, shall fail to correct any incorrect installation or operation within twenty (20) days after receiving such notice, shalll, upon conviction thereof, be punished by a fine of not to exceed One Hundred Dollars ($100).; , Article 4. Liquefied Petroleum Gases 12-401. Liquefied Petroleum Gases Regulations 12-402. Penalty 12-401. Liquefied Petroleum Gases Regulations. The "Rules and Regulations Relating to The Liquefied Petroleum Gas Industry of the State of Kansas" promulgated and issued by the State Fire Marshal of Kansas, effective June 20, 1958, and filed with the Revisor of Statutes June 20, 1958, are hereby incorporated in this code by reference and made a part hereof the same as if set out in full. 12-402. ,P n Any person, firm or corporation who shall violate any of the regulations as incorporated by reference by Section 12-401 of this article shall, upon conviction thereof, be punished by a fine of not to exceed One Hundred Dollars ($100). Article 5. Miscellaneous Provisions 12-501. Fire Hydrants: Obstructing 12-502. Boiling Pitch and Tar; Bonfire Near Buildings; Hours; No Fires on Pavement 12-503. Sale of Gasoline to Vehicles in Streets Prohibited; Exceptions CONSOLIDATED-$ALINA 1 1 1 12-504. Penalty 12-501. Fire Hydrants: Obstructing. No person shall place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character whatsoever in any manner to obstruct, hinder or impede the Fire Department in the per- formance of its duties in case of a fire in the vicinity of such hydrant. (R. O. 1948, 10-114) 12-502. Boiling Pitch and Tar; Bonfires Near Buildings_; Hours;. No Fires on Pavement. No person shall, within the city limits, boil any pitch, tar or other inflammable substance of like nature, unless the same be done in an open space not less than twenty (20) feet from any building or other property that can be endangered thereby, or within a building specially designated for such purpose and at such distance from any other building as the Fire Chief shall direct; nor shall any person set on fire within said city limits any hay, straw, paper, shavings, rubbish or other com- bustible material within twenty (20) feet of any building, and then only between the hours of sun- rise and sunset: Provided That in no case shall any such material be burned upon any avenue, street, alley or gutter within the city paved with Bitulithic, asphalt or concrete pavement or wooden blocks or bricks: P ov' e�f-vhr, That no garbage shall be burned and that all trash, rubbish and other combustible material shall be burned only in a fireproof receptacle which shall be built of such material and in such manner as may be satisfactory to the Fire Chief. (Ord. 5937, Sec. 1, 3-4-55) 12-503. Sale of Gasoline to Vehicles in Streets Prohibited; Exceptions. It shall be unlawful for any person, company or corporation, either as principal or as the agent or repre- sentative of another, to sell and deliver or to offer to sell and deliver to any motor -driven vehicle in or upon any public street, alley or thoroughfare within the fire limits of the City of Salina, any gasoline from any tank wagon or similar vehicle wherein gasoline is transported for sale: _Provided, That it is not intended and this section shall not operate against the sale and delivery of not to exceed three (3) gallons of gasoline upon the public streets and thoroughfares within said fire limits and to a motor -driven vehicle in event such vehicle shall be then incapable of operation because of an actual and complete lack of gasoline: Provided, That such emergency shall actually exist, without intent or purpose of the driver thereof to evade the provisions of this section: FzDxjAwL further4-That nothing herein contained shall be construed to prohibit the delivery of gasoline to filling stations, grocery stores and other and similar places of business within the fire limits of said CONSOLIDATED-SALINA 1 1 1 city, where gasoline is kept for sale and disposition, but in all instances where exceptions to the provisions of this section are permitted, such delivery shall be made in a careful manner with due regard for the protection and safeguard against explosion or combustion and with regard to the pro- tection of property and of travelers or pedestrians upon the public streets and sidewalks of said city. (R. O. 1948, 10-123) 12-504. Penalty Any person, firm or corporation, or any employee, agent, repre- sentative or officer thereof, who shall violate the provisions of this article, shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each offense, and every day that the conditions or provisions of said article are not complied with shall be deemed to constitute a separate offense. (R. O. 1948, 10-124) CONSOLIDATED -SALIVA 1 1 1 CHAPTER XIII. HEALTH Article 1. City -County Board of Health Article 2. Health Department Article 3. Unhealthful Conditions Article 4. Eating, Drinking and Food Establishments Article 5. Meat Article 6. Milk Article 7. Food and Beverage Vending Machines Article 8. Food Handlers Examination Article 9. Sewers: Requiring Connection to Article 10. Cesspools and Vaults Article 11. Unhealthful Structures, Article 1. City -County Board of Health 13-101. Organization of Joint City -County Board of Health 13-102. Powers and Du+ies 13-103. Officers 13-104. Budget and Expenditures 13-105. Termination of Joint City -County Board of Health 13-106. Effective Date 13-107. Agreement (NOTE: This article is not a part of the code. It is a joint resolution of the Board of Commissioners of the City of Salina and the Board of County Commissioners of Saline County establishing a joint city -county board of health under the provisions i of G. S. 1948, 65-205 through 65-210.) j JOINT RESOLUTION OF THE COUNTY OF SALINE, AND THE CITY OF SALINA IN SALINE COUNTY, KANSAS, ESTABLISHING BY RESOLUTION A JOINT CITY -COUNTY BOARD OF HEALTH, PRESCRIBING THE DUTIES, POWERS AND BUDGET OF SUCH BOARD. CONSOLMArsn-SALINA _J 1 D WHEREAS, the governing bodies of Saline County and of the City of Salina within Saline County, deem that the public health and sanitation of the county and city will be best promoted by the creation of a joint board of health in said County of Saline and the said City of Salina, State of Kansas. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SALINE COUNTY AND THE CITY OF SALINA, STATE OF KANSAS, a quorum of each group being present and voting at their respective meetings: 13-101. Organization of Joint City -County Board of Health. That there is hereby created and established in and for the County of Saline and City of Salina, State of Kansas, a Joint City -County Board of Health composed of: Nine members to be selected as follows: (a) Each of the three members of the Board of Commissioners of the County of Saline shall be members of the Joint Board during their term in office as County Commissioners. (b) The Mayor of the Board of Commissioners of the City of Salina shall appoint three members from that body as members of the Joint Board, whose term shall be their tenure in office as City Commissioners or at the pleasure of the Mayor. (c) The six members from the County and City Boards of Commissioners shall select three additional members for the Joint Board, as follows: 1. From a list containing the names of two or more doctors of medicine practicing within the corporate limits of the County of Saline, selected by the Saline County Medical Society, they shall appoint one member whose term shall expire July 1, 1958. 2. From a list containing the names of two or more registered nurses having legal residence in and residing in the corporate limits of the County of Saline, selected by the Board of Directors of the District Nurses' Association of which the County of Saline is a part, they shall appoint one member whose term shall expire July 1, 1957. 3. They shall select one member at large, whose term shall expire July 1, 1956. 4. After the expiration of the initial term of each of the above three members, their successors shall be appointed and shall serve for a three-year term. 13-102. Powers and Duties. (a) The Joint City -County Board of Health shall determine and define the policies for the promotion of the public health and sanitation of the County of Saline and the City of Salina. CONSOLIDATED -SALIVA J (b) The Joint City -County Board of Health shall appoint a Health Officer qualified in the specialty of preventive medicine and public health, who shall be ex officio a member of the said Board and its Health Officer and Director of the City -County Health Department, and it shall be his duty to develop and direct the program necessary to cause the policies established by the Board under paragraph (a) above to be effective. (c) To adopt, amend and repeal rules, regulations and bylaws governing its procedure and activities. (d) All powers, duties and limitations as are now or hereafter may be provided by law for creation and conduct of Boards of Health as now conferred by law upon local municipal or county boards of health. (e) All money provided for health and sanitation purposes by the Boards of Commissioners of Salina and Saline County shall, when collected, be paid over to the treasurer of the Joint Board in an amount not exceeding that budgeted by the said Commissions for such purposes. The Joint Board of Health shall have the exclusive control of the expenditures of all money paid to the credit of its treasurer for health and sanitation purposes, and the treasurer shall receive and pay all the money under the contra I of said Board as ordered by it. (f) The Joint Board of Health shall, during the first month of each year, file with the Boards of Commissioners of the City of Salina and Saline County a report of the activities and a statement of all receipts and expenditures during the preceding calendar year. 13-103. Officers. A chairman and vice chairman shall be elected by the Joint Board from its membership. A treasurer shall also be appointed by the Joint Board. The Health Officer, Director of the City -County Health Department, shall serve, by virtue of his office, as secretary and executive officer of the Board but shall hold no power to vote. Except for the secretary and treasurer, all officers shall be elected for a term of one year and such election shall be held at the last regular meeting of each calendar year. The treasurer shall hold office for the term for which he is appointed as aforesaid and until his successor is appointed and qualified, and shall give bond to be approved by the governing bodies of the said city and county for the safekeeping and due disbursements of all funds that may come into his hands. 13-104. Budget and Expenditures. The Joint City -County Board of Health shall prepare a proposed annual budget estimating the amount of funds necessary to carry on public health CON SOL IDATED-SSALINA 1 IL activities, which budget shall be submitted to the Boards of Commissioners of Saline County and Salina, Kansas, not later than sixty (60) days before the proposed adoption by each of said Boards. When the proposed budget is approved by each of the aforesaid governing bodies, the funds necessary to meet the necessary expenditures shall be provided by the aforesaid govern- ing bodies, in such proportion as shall be fixed by agreement, after taking into consideratio the papulation of each, and other factors which would necessarily increase or dimid4h the costs of administration in the absence of any agreement to establish such Joint Board of Health. 13-105. Termination of Joint City -County Board of Health. The Joint City -County Board of Health shall terminate and cease activity whenever either governing body adopts a resolution declaring its intention to withdraw from the agreement, and the Joint Board of Health shall give written notice thereof to the other governing body on or before July 15 of any fiscal year, and such withdrawal and dissolution shall become effective at the end of such fiscal year. Any money remaining in the hands of the treasurer of the Joint Board of Health upon its dissolution shall be repaid to the respective treasurers of the governing bodies of the civil governments from which the Joint Board has its origin, in the same pro- portion in which the said governing bodies contributed during the last fiscal year. All other unexpended financial contributions shall be returned to their respective donors. 13-106. Effective Date. This resolution shall take effect and be in force from and after the adoption by the governing bodies of the Cof Saline and the City of Salina, State of Kansas. Adopted at Salina, Kansas on this 28th day of June, 1955. AGREEMENT 13-107. Agreement. It is hereby mutually agreed by and between the Board of Com- missioners of the City of Salina, Kansas, and the Board of Commissioners of Saline County, Kansas, that the funds necessary to meet the expenditures of the Joint City -County Board of Health shall be provided as follows: (1) Pursuant to Chapter 285, Session Laws of Kansas for 1955, Saline County will levy a special tax of one-fourth (f) mill in accordance with the provisions of General Statutes of 1949, Section 65-204, as amended. Moneys thus appropriated together with all fees collected for direct service by the Saline County Guidance Center shall be used as necessary to provide the total approved budget of the Saline County Guidance Center. (2) Fees received by the -Joint -City -County Board of Health from direct service in the enforcement of the City of Salina milk ordinance shall be deposited with the Treasurer of the City of Salina. CONSOLIDATED-SALINA I (3) The County of Saline shall appropriate for general public health an amount equal to one-half (%2) the approved Joint City -County Board of Health general public health budget less an amount equal to one-half (%2) the amount collected for direct service in the enforcement of the City of Salina milk ordinance and deposited with the City Treasurer during the preceding year. (4) The City of Salina shall appropriate for general public health an amount equal to one- half NO the approved Joint City -County Board of Health general public health budget plus an amount equal to one-half (%2) the amount collected for direct service in the enforcement of the City of Salina milk ordinance and deposited with the City Treasurer during the preceding year. WITNESS our signatures on this Agreement in our representative capacity on this I Z t)' day of January, 1960. Article 2. Health Department 13-201. Health Department 13-202. Health Officer 13-203. Assistants 13-201. Health Department. Wherever in this code and other ordinances of the City of Salina the words "Health Department" are used they shall refer to the City -County Health Department. 13-202. Health Officer. Wherever in this code and other ordinances of the City of Salina the words "Health Officer" are used they shall refer to the Health Officer appointed by the Joint City -County Board of Health. 13-203. Assistants. Health Officer shall also include assistants authorized by the Joint City -County Board of Health and acting for and under the supervision of the Health Officer. Article 3. Unhealthful Conditions 13-301. Cleanse Premises; Abate Nuisances 13-302. Nuisances Abated; Assessment 13-303. Rank Grass, Etc.; Standing Water: Nuisances; Penalty 13-304. Rank Grass, Etc.; Standing Water: Ref.: Chap. 2, Art. 3. ,Nuisances: How Abated CONSOLIDATED-SALINA 1 1 1 13-301. Cleanse Premises; Abate Nuisances, The Health Officer shall adopt all necessary measures for cleansing and purifying all buildings, lots and other places, and for causing the removal therefrom of all nauseous substances producing a disagreeable odor or tending to cause sickness or disease, and to cause the removal, cleansing and abating of all nuisances caused by dead carcasses or by the conditions of privies, stock pens, stables or any other out building or by filth, stagnant water, decayed or decaying vegetation or other matter and he may do or cause to be done what- soever in his judgment shall be necessary to carry out such measures. (R. O. 1948, 12-102) 13-302. Nuisances Abated; A«P«ment_ The Health Officer shall, in all cases where he may deem it necessary for the speedy execution of his orders, cause any unhealthful condition or nuisance as specified in Section 13 4)/to be abated or removed at the expense of the city; and also to cause any such condition or nuisance which may exist upon the property of any nonresident owner, or upon property,, the owner of which cannot be found, or is unknown and cannot be ascertained, or upon property whose owner refuses or neglects to abate or remove such condition or nuisance, to be abated or removed in like manner at the expense of the city; the said Officer shall certify to the City Clerk a description of such pieces of property, together with the cost of abating or removing such nuisances therefrom and such amount shall be assessed upon such property by the Board of Commissioners and the same shall be certified to the County Clerk to be collected as other special assessments. (R. O. 1948, 12-103; G. S. 13-436) 13-303. Rank Grass, Etc.; Standing Water: Nuisances; Penalty. The weeds, rank grass and other obnoxious growths of vegetation growing, standing or being upon any lot, parking or parcel of ground within the corporate limits of the City of Salina, and any pond or ponds of water standing upon any lot or parcel of ground within the corporate limits of said city, are hereby declared to be public nuisances; and any person who shall knowingly permit such nuisance as are herein defined to be or remain upon or in front of any lot or parcel of ground owned by him, or for which he is agent if such owner be a nonresident, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding Ten Dollars ($10); and such nuisances may be removed and abated as herein provided. (R. O. 1948, 12-104) 13-304. Rank Grass, Etc., Standing Water; Nuisances: How Abated. Whenever the Health Officer shall file with the City Clerk his statement in writing that such nuisance, weeds, rank grass, or other obnoxious growth of vegetation or pond of water as provided by Section 13-303, describing the same and where located, is a nuisance and dangerous to the health of the 1 CONSOLIDATED-SALMA inhabitants of the city, or of any neighborhood, family or resident of the city, and such statement j shall be approved by the City Manager, the Clerk shall forthwith issue notice requiring the owner or agent of the owner of the premises upon or in front of which such nuisance is situated to remove and abate from said premises the thing or things therein described as a nuisance, within a time to be specified in the notice; said notice shall be served by the Health Officer or any assistant health officer by delivering a cgpy thereof to the owner or agent of such property, or, if a nonresident, then by mailing a notice to his last known address; and if such owner or agent shall fail or neglect to comply with the requirements of such notice for a period of ten (10) days, then the City Manager shall have the thing or things described in said notice as a nuisance, removed and abated from said lot or parcel of ground, and the cost of such removal and abatement shall be assessed and charged against the lot or parcel of ground on which said nuisance was located; and the City Clerk shall, at the time of certifying other city taxes to the County Clerk, certify the aforesaid costs, and the County Clerk shall extend the same on the tax roll of the county against said lot or parcel of ground, and itshall be collected by the County Treasurer and paid to the city as other taxes are collected and paid. (R. O. 1948, 12-105) Article 4 Eating, Drinking and Food Establishments 13-401. Definitions 13-402. Permits Required 13-403. Permits Issued 13-404. Examination and Condemnation of Un- wholesome or Adulterated Food or Drink 13-405. Inspection 13-406. Sanitation Requirements 13-407. Establishments Which May Operate 13-408. Reinstatement of Permit 13-409. Poisonous Substances 13-410. Notification of Disease 13-411. Procedure When Infection Exists or is Suspected i CONSOLIDAT&D-SALIVA J 1 13-412. Enforcement Interpretation 13-413. Penalties 13-401. Definitions. The following definitions shall apply in the interpretation and the enforcement of this article. (a) RtAtaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, and all other public eating and drinking establishments, as well as kitchens in which food and drink are prepared for sale elsewhere to the public. (b) Itinerant Resta ra. The term "itinerant restaurant" shall mean any restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering. (c) Grogery - Stores aneat Ma e s The terms "grocery stores" and "meat markets" mean establishments which sell, handle and deal in bulk or package food, meats and provisions for human consumption. (d) Bakes The term "bakery" means any establishment where bread, cakes, pies and other foods are baked or cooked, or are produced, handled, dealt in, sold or kept for sale for human consumption. (e) Battling Warks The term "bottling works" means any establishment where beverages of any kind, except milk or milk products, are produced, prepared, manufactured and bottled or pre- pared for bottling. (f) Other Estal�ish nantss The term "other establishments" means any establishment, in addition to those specifically mentioned herein, and except establishments otherwise regulated by ordinance, where food or drink for human consumption is prepared, produced, handled, served or sold. (g) ELnplo ea The term "employee" shall mean any person who handles food or drink during storage, sale, preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served. (h) UtenA!Ls.,_ "Utensils" shall include any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving. CONSOLIDATED-SALA7A 1 D (i) Health OffLcer.. The term "Health Officer" as used in this article shall mean Health Officer of the Joint City -County Board of Health or his authorized representative or assistant. (i) Person The word "person" shall mean person, firm, corporation or association. (R. O. 1948, 11-101) 13-402. Permits Required, It shall be unlawful for any person who does not possess an unrevoked and unsuspended permit from the Health Officer and in whose place of business such permit is not posted in a conspicuous place, to operate in the City of Salina any restaurant, grocery store, meat market, bakery, bottling works, or other establishment where food or drink is produced, sold, prepared or served. Only persons who comply with the requirements of this article shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant may, in the discretion of the Health Officer, be exempted from the requirements for the securing of a permit to such extent as may be authorized by the Health Officer. (R. O. 1948, 11-102) 13-403. Permits Issued. No permit shall be issued by the Health Officer except on the filing of an application to the Health Officer on a form furnished by him for such purpose, and on payment by the applicant of a permit fee of One Dollar ($1) to the City Clerk and until the estab- lishment for which such permit is desired shall be inspected by the Health Officer and found by him to comply in all respects with the requirements of this article. Every permit shall expire on December 31 after date of issue and must be renewed on January 1st of each year. All permit fees shall be paid into the City Treasury. Such a permit may be suspended by the Health Officer for such length of time and under such conditions as the Health Officer may prescribe, or may be revoked after an opportunity for a hearing of a regular meeting before the Board of Commissioners upon the violation by the holder of any of the terms of this article. (R. O. 1948, 11-103) Samples of food and drink may be taken and examined by the Health Officer as often as he deems necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which he deems unwhole- some or adulterated. (R. O. 1948, 11-104) 13-405. Inspection. As often as the Health Officer may deem necessary and at least once every two (2) months, he shall inspect every establishment covered by the terms of this article, located within the City of Salina. In case the Health Officer discovers the violation of any item of sanitation required by this article, or other violation of any of the provisions of this article, he CONSOLIDATED -SAUNA 1 shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the require- ments of this article, unless in the opinion of the Health Officer the violation is flagrant and of such nature as to require immediate suspension or revocation of the permit, and in such event the Health Officer shall have authority to suspend or revoke such permit immediately on such first inspection. Any violation of the same item of this article on two consecutive inspections shall call for immediate suspension of permit, or the Health Officer may, after hearing as provided for in this article, revoke such permit if in his opinion the violation of this article is of such nature as to require such revocation of the same. If a permit is revoked or suspended, the Health Officer shall remove the permit from the establishment to which it was issued and shall retain the same until such time as the same may be reinstated. (R. O. 1948, 11-105) 13-406. Sanitation Requirements. All establishments covered by this article shall comply with all of the following items of sanitation: (a) floors_ The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. (b) Walls and_QtLL nam Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray. This shall include basement storerooms and basement workrooms. (c) Q_QxA_Qlc_WindQw.-L When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. (d) Ljghtina. All rooms in which' food or drink is stored or prepared or in which utensils are washed shall be well lighted. (e) Ventilation All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated. (f) Tallet_fa�ilities. Every establishment covered by this article shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the CONSOLIDATED -SALIVA 1 City of Salina. In establishments hereafter constructed toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and ventilated. Hand -washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the building in which the establishment is located, and shall be of sanitary type constructed and operated in con- formity with the standards of the State Board of Health. (g) Water Sappy_. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a safe sanitary quality. (h) Lav_at_Qry_Fcg_c1J1t1gA, Adequate and convenient handwashing facilities for employees shall be provided, including hot running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. (i ) CQr_utrm_QtiQ.nszf Utensil and EsiW_pmajof_ All multi -use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant or in the handling or display of meats or bulk foods of any kind shall be so constructed as to be easily cleaned and shall be kept clean and in good repair. (j) CJgaaLr ansl Ba�t�ricislQl _T-tm-nt.4f--lteas -and Eq-uipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material . All cloths used by waiters, chefs and other employees shall be clean. Single service containers shall be used only once. All multi -use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi -use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following each day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. (k) Storac—e and -Han d1Lna-9-f UI arm Equipment_ After bactericidal treatment no utensil shall be stored except in a clean dry place protected from flies, dust, or other contamination, and no utensil shall be handled except in such a manner as to prevent contamination as far as practicable. CON SOL IDATZI)-SALI V A Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean dry place until used, and shall be handled in a sanitary manner. Ice cream dippers and spoons shall be kept in running water. (I) DisposaLQfWa-st_eA. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. (m) R�f�gerotianJ All readily perishable food or drink shall be kept at or below 500 F., except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of. (n) WhgLe§cmenm_ FQorLand_Qr . All food and drink shall be wholesome and free from spoilage. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources approved by the Health Officer. Milk and fluid milk products shall be served in the original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device: Provided, That this requirement shall not apply to cream which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources. (o) Stotac—e_and Dis-pLa. of Fao-d-an-d arLrk.L All food and drink shall be so stored and displayed above the floor and in such a place as to be protected from dust, flies, vermin, unnecessary hand- ling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessaryfor the elimination of flies shall be used. (p) All employees shall wear clean garments and shall keep clean at all times while engaged in.handling food, drink, utensils or equipment. (q) Miscelaneouss The premises of all establishments covered by this article shall be kept clean and free of litter or rubbish. None of the operations connected with any such establishments shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employee's clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose. (r) Itineran Rastatan&�_ Itinerant restaurants shall be constructed and operated in a manner approved by the Health Officer. (R. O. 1948, 11-106) 13-407. Establishments Which May Operate . No establishment covered by this article shall be operated within the City of Salina, or its police jurisdiction, unless it conforms with the requirements of this article: Provided That when any such establishment fails to maintain the CONSOLIDATED -SALIVA 1 LJ 11 standards herein required, the Health Officer is authorized to revoke the permit or in lieu thereof, in his discretion, to suspend same for such period as he may determine and fix in the order suspending the same to make such order requiring compliance with the requirements of this article, and fixing the time for such compliance, as he may deem necessary. (R. O. 1948, 11-107) 13-408. Reinstatement of Permit. Any establishment, the permit of which has been suspended or revoked, may at any time make application for the reinstatement of the permit. Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with, the Health Officer shall make a reinspection, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the requirements, and, in case the findings indicate compliance, shall have authority to reinstate the permit. (R. O. 1948, 11-108) 13-409. Poisonous Substances. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils. (R. O. 1948, 11-109) 13-410. Notification of Disease. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in com- municable form or of being a carrier of such disease. Notice shall be sent to the Health Officer immediately by the owner or manager of any establishment covered by this article or by the employee concerned if he or any employee contracts any infectious, contagious or communicable disease, or has a fever, a skin eruption, a cough lasting more than three (3) weeks, or any other suspicious sympton. It shall be the duty of any such employee to notify such owner or manager immediately when any of said conditiorGobtain, and if neither the manager nor the employee concerned notifies the Health Officer immediately when any of said conditions obtain they shall be held jointly and severally awl to have violated this section. A placard containing the foregoing provisions of this section shall be posted in all toilet rooms. (R. O. 1948, 11- 110) 13-411. Procedure When Infection Suspected. When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Officer is authorized to require any or all of the following measures: CONSOLIDATED-SALINA 1 (a) The immediate exclusion of the employee from all restaurants; (b) The immediate closing of the restaurant concerned until no further danger of disease out- break exists, in the opinion of the Health Officer; (c) Adequate medical examination by the Health Officer or a duly qualified physician of the employee and of his associates, with such laboratory examinations as may be indicated. 13-412. Enforcement Interpretation. This article shall be enforced by the Health Officer in accordance with the interpretations thereof contained in the 1943 edition or subse- quently published edition of the U. S. Public Health Service Code Regulating Eating and Drinking Establishments, a certified copy of which shall be on file at the office of the Health Officer. (R. O. 1948, 11-112) 13-413. Pena t' . Any person who violates any of the provisions of this article shall, in addition to the other remedies of suspension or revocation of permits as herein provided for, upon conviction thereof, be fined not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100), or be imprisoned in the city jail for not to exceed thirty (30) days, or be both so fined and imprisoned at the discretion of the court having jurisdiction. Each and every violation of any provision of this article and each day upon which any violation shall continue, shall con- stitute a separate offense. (R. O. 1948, 11-113) Article 5. Meat 13-501. Definitions 13-502. Requirements 13-503. Meat Inspectors 13-504. Ante Mortems 13-505. Horses and Mules 13-506. Condemned Products 13-507. Carcasses, Use of 13-508. Notices to Inspectors 13-509. Hours of Slaughtering 13-510. Essential Facilities 13-511. Medical Examinations of Handlers 13-512. Residences Not to be Used CONSOLMATE"A aru 1 1 II I 13-513. Cleanliness 13-514. Processes Subject to Inspection 13-515. Unwholesome Ingredients 13-516. Sulphides, Etc. Prohibited 13-517. Cereals and Substitutes 13-518. Trichinae 13-519. Samples for Examination 13-520. Misbranding 13-521. "Misbranded" 13-522. Permits 13-523. Application for Permits 13-524. Suspension of Permits 13-525. Official Inspection Marks 13-526. Existing Establishments 13-527. Salary of Meat Inspector: How Pa i d 13-528. Penalty 13-501. Definitions. For the purpose of this article, the following words, phrases, names and terms shall be construed respectively to mean: (a)Pgrs2n� Any person, firm or corporation. (b) InipesLx— Either the Chief Meat Inspector or a deputy inspector. (c) Es_tabJL& msrL Any place in the City of Salina where animals are slaughtered for market together with such kindred lines of business carried on in connection therewith, such as meat canning, curing,smoking, salting, packing, rendering and other similar processes wherein meat, meat foods and meat food products are prepared for resale. (d) ¢gfe&Lansl F!gssgd, The carcasses, parts of carcasses, meat products or meat food pro- ducts so marked have been inspected and passed under this article. (e) Pame-LfQLSt-e lization— The carcasses, parts of carcasses, meat or meat products so marked have been inspected and passed on condition that they be rendered into lard or tallow, or otherwise sterilized methods approved by the Health Officer. (f) Condemogd., The carcasses, parts of carcasses, meat, meat products or meat food products so designated are unsound, unhealthful, unwholesome or otherwise unfit for human food. CONSOLIDATED-SALINA (g) CgrQgm. All parts including the viscera of a slaughtered animal that are capable of being i used for human food. (h) MaQLPrQduct-,,, Any edible part of a carcass of any cattle, sheep, swine, goats, horses or mules, which is not manufactured, cured, smoked, processed or otherwise treated. (i) Meat FoQ� P�o�u�s Any article of food, or any article which may enter into the com- position of food for human consumption, which is derived or prepared in whole or in part from any portion of a carcass, if such portion is all or a considerable and definite portion of the article. (j) PLodux{L Shall be construed to mean either meat products or meat food products or both of them. (k) AnLmajs— Cattle, sheep, swine, goats, horses or mules. (R. O. 1948, 11-201) i 13-502. Requirements. Establishments, within the meaning of this article shall conform to the following requirements: (a) The establishment shall be maintained in a sanitary condition. i (b) There shall be abundant light and sufficient ventilation for all rooms and compartments to insure sanitary conditions. (c) There shall be an efficient drainage and plumbing system for the establishment and premises, and all drains and gutters shall be properly installed, with approved traps and vents. I (d) The water supply shall be ample, clean and potable, with adequate facilities for its dis- tribution in the plant. (e) The floors, walls, ceiling, partitions, posts, doors, and other parts of all structures shall i be of such materials, construction and finish as will make them susceptible of being readily and thoroughly cleansed. The floors shall be kept watertight. The rooms and compartments used for i edible products shall be separate and distinct from those used for inedible products. (f) The rooms and compartments in which any meat or meat products is prepared or handled, I shall be free from odors from dressing and toilet rooms, catchbasins, hide cellars, casing rooms, in- I edible tank and fertilizer rooms and stables. (g) Adequate sanitary facilities and accommodations for employees shall be furnished by every establ ishment. I (h) In all other cases not covered by these requirements, the preparation or handling of meat, meat products or meat food products shall conform to regulations prescribed by the Health Officer, which regulations shall conform as far as practicable to the regulations governing meat inspections CONSOLIDATED-3ALWA J C u of the Meat Inspection Branch, the United States Department of Agriculture. Such regulations promulgated by the Health Officer shall be approved by the Board of Commissioners. (R. O. 19481 11-202) 13-503. Meat Inspectors. It shall be the duty of the City Manager to appoint a duly qualified person as a meat inspector and in addition thereto to appoint such deputy inspectors as may be necessary to effectively carry out the provisions of this article. No person shall be appointed to any such office who has not had at least one (1) year's actual experience as a meat inspector under the United States Department of Agriculture or under some municipality having regulations substantially similar to those provided for in this article and approved by the Kansas State Board of Health. It shall be the duty of such inspectors to: At all establishments make an ante mortem inspection of all animals to be slaughtered for food and a post mortem inspection of all carcasses or parts of carcasses to be sold or offered for sale within the corporate limits of the City of Salina, and to make such other inspections of such estab- lishments as may be necessary to effectively carry out the provisions of this article. All such carcasses and meat products so inspected which are fit for human food shall be plainly marked or tagged either under the supervision of such inspector or by other approved inspection authorities to show that they have been inspected and passed. All such carcasses and meat products as are unfit for human food shall be plainly marked or tagged by such inspector to show that they have been condemned: MyLq d. That if any carcass or part thereof shall have been found to be fit for human food only after being sterilized, such part shall be plainly marked or tagged to indicate it has been passed for sterilization: Provided further, That where a carcass or part thereof is fit for human food, with the exception of a small and incon- siderable portion thereof, which is unfit for human food and the last mentioned mark or tag shall not be removed therefrom until such portion so indicated is separated from the balance of the carcass or part thereof. Carcasses, meat, meat products and meat food products which have been inspected and passed and plainly marked or tagged by the inspector of the Meat Inspection Branch of the United States Department of Agriculture or have been inspected and passed by inspectors of other muni- cipalities, as is provided for in this article, shall, except as otherwise provided for in this article, be exempt from inspection by the inspectors of the City of Salina. (R. O. 1948, 11-203) CONSOLIDATED-SALSNA J 1 11 13-504. Ante Mortems. An ante mortem examination shall be made of all cattle, sheep, swine, goats, horses or mules about to be slaughtered in an establishment before their slaughter shall be allowed, and when it is apparent, upon such inspection, that for any sufficient reason the meat of such animal is unfit for human food, such animal shall be plainly tagged "condemned" and when it is killed its carcass shall at once be marked or tagged "condemned"; and when, on ante mortem inspection of an animal the inspector has good reason to believe, but is not entirely satisfied, that the meat of such animal is unfit for human food, it shall be tagged as a suspect, and if such animal shall be slaughtered at the establishment where the ante mortem inspection was made, the whole of the carcass shall be finally inspected before the tag indicating the animal is suspected. is removed: Pro� That all "condemned" animals shall be immediately disposed of at the place of condemnation in a manner approved by the Health Officer of the City of Salina. (R. O. 1948, 11-204) 13-505. Horses and Mules. It shall be unlawful to slaughter horses or mules or handle the meat or meat products thereof in establishments engaged in the slaughter of cattle, sheep, swine or goats or in the manufacture of meat food products therefrom. (R. O. 1948, 11-205) 13-506. Condemned Products. All carcasses or parts thereof, meat, meat products and meat food products condemned by the inspector as unfit for human food shall be destroyed for food purposes by tanking or other adequate means approved by the Health Officer. (R. O. 1948, 11-206) 13-507. Carcasses, Use of. The carcasses or parts thereof, passed for sterilization, which are not rendered into lard or tallow may be utilized for food purposes, provided they are first sterilized by methods and marked and tagged by a method approved by the Health Officer. (R. O. 1948, 11-207) 13-508. Notices to Inspectors. Each establishment shall inform the inspector in charge, when work in each department has been concluded for the day, and of the day and hour when work will be resumed therein. Whenever any meat or meat products requires inspection in any establish- ment during unusual hours, the establishment shall, at a reasonable time in advance, notify the inspector in charge of the day and hour when such work will be commenced. (R. O. 1948, 11-208) 13-509. Hours of Slaughtering All slaughtering in establishments shall be done between the hours of six (6) o'clock a.m, and six (6) o'clock p.m. and at such other hours as may be approved and agreed upon by the inspector. (R. O. 1948, 11-209) CONSOLIDATED -SALIVA J �I 1 13-510. Essential Facilities. Facilities and conditions essential to the efficient conduct of inspection shall be provided and maintained by each establishment. (R. O. 1948, 11-210) 13-511. Medical Examinations of Handlers. Every handler of meat in any such estab- lishment and every person whose work brings him in contact with the slaughter, marketing, storage, transportation or sale of meat, meat products or meat food products, in bulk or in unwrapped packages, in any such establishments shall have, within twelve (12) months, passed a medical examination made by the Health Officer, or by a licensed physician approved by the Health Officer and to submit such specimens of bodily discharge as the Health Officer may require. (R. O. 1948, 11-211) 13-512. Residences Not to be Used. No establishment, or any part thereof, shall be used or occupied as a residence or lodging place for any person and no slaughter or processing of livestock shall be permitted in a house, building or place used as a residence or lodging place for human beings. (R. O. 1948, 11-212) 13-513. Qleanliness. Equipment and utensils used for preparing, processing or otherwise handling any meat, meat products or meat food product in any such establishment shall be of such materials and construction as will make them susceptible of being readily and thoroughly cleaned. Trucks and receptacles used for inedible products shall bear some conspicuous and distinctive mark, and shall not be used for handling the edible products. Edible products,shall be transported only in closed vehicles or otherwise be protected from dust, dirt or contamination, and in such manner as shall be prescribed and approved by the Health Officer. (R. O. 1948, 11-213) 13-514. Processes Subject to Inspection. All processes used in curing, pickling, ren- dering, canning or otherwise preparing any meat or product thereof in an establishment shall be subject to inspection. (R. O. 1948, 11-214) 13-515. Wholesome Ingredients. No meat or meat product shall contain any substance which impairs its wholesomeness, or contains any dye, preservative or any chemical injurious to health. Only harmless coloring matters may be used and these only with the approval of and in the manner approved by the Health Officer. (R. O. 1948, 11-215) 13-516. Sulphides, Etc. Prohibited. The use of sulphide, any preparation containing sulphur dioxide, or any secret preparation, the ingredients of which, in the manufacture or pre- paration of any meat products and the manufacture, selling or offering for sale of any meat products containing sulphide, sulphur dioxide, or any secret preparation is hereby prohibited. (R. O. 1948, 11-216) CONSOLIDATED -SALVIA 1 1 13-517. Cereals and Substitutes. Any meat products to which there have been added cereals or any other meat substitutes, shall be plainly so labeled in all establishments where meat products are prepared or processed for sale. (R. O. 1948, 11-217) 13-518. Trichinae. Inasmuch as it cannot certainly be determined by any present known method of inspection whether the muscle tissue of pork contains trichinae, and inasmuch as live trichinae are dangerous to health, no article of a kind prepared customarily to be eaten without cooking shall contain any muscle tissue of pork, unless the pork has been subjected to a tempera- ture sufficient to destroy all live trichinae, or other treatment approved by the Health Officer. (R. O. 1948, 11-218) 13-519. Samples for Examination. Samples of meat products, water, dyes, chemicals, preservatives, spices, or other articles in any establishment shall be taken without cost to the Health Department for examination as often as may be deemed necessary by the Chief Inspector. (R. O. 1948, 11-219) 13-520. Misbrandina. No person shall, in any such establishment, within the City of Salina, manufacture, purchase, sell, expose for sale, for human consumption or have in his possession with an intent to sell for human consumption, any meat, meat products or meat food products which is misbranded within the meaning of this article. (R. O. 1948, 11-220) 13-521. "Misbranded." The term "misbranded", as used in this article, shall apply to all meat, meat products or meat food products, the label of which shall bear any statements, design or device regarding such article or the ingredients or substitutes contained therein which shall be false or misleading in any particular, or which is falsely branded as to the state, territory or country in which it was manufactured or produced. (R. O. 1948, 11-221) 13-522. Permits. Before any person shall operate an establishment in the City of Salina from which meat, meat products, or meat food products, or meat food are to be sold or offered for sale in the City of Salina, he shall first apply for and obtain from the Health Officer a permit to engage in such business. All such permits shall expire on the 31st day of December of each year, unless sooner revoked: Proyijigd That no such permit nor any inspections herein called for pursuant to such permit, shall be required of establishments that are regularly inspected by the Meat Inspection Branch of the Department of Agriculture. (R. O. 1948, 11-222) 13-523. Application for Permits. Every application for a permit provided for by this article shall be in a form approved by the Health Officer and shall state the name and address of CONSOLIDATED-SALINA the applicant; the precise nature of the business to be carried on, the extent of his interest in the business for which the permit is desired, and, if the applicant is not the owner of such business, then the application shall state the name and address of the owner. Said application shall state the address of the business for which the permit is desired together with such other information as shall be required by the Health Officer. (R. O. 1948, 11-223) 13-524. Suspension of Permits. Such permit may be suspended by the Health Officer for such length of time and under such conditions, as the Health Officer may prescribe or may be revoked after an opportunity for a hearing at a regular meeting of the Board of Commissioners upon the vio- lation by the holder of any of the terms of this article. (R. O. 1948, 11-225) 13-525. Official Inspection Marks. No such establishment in the City of Salina shall sell, offer for sale or keep for sale, or have on hand for human consumption, the meat or other products of any cattle, sheep, swine, goats, horses or mules other than that bearing the official inspection mark of the Inspector of the City of Salina, or the inspector of the Meat Inspection Branch. of the United States Department of Agriculture, or the inspector of such other cities inspecting meat and approved under the regulations substantially similar to those provided for in this article. (R. O. 1948, 11-226) 13-526. Existing Establishments. Establishments now in operation shall be subject to the provisions of this article. (R. O. 1948, 11-227) 13-527. Salary of Meat Inspector: How Paid. The salary of the Meat Inspector provided for by this article shall be determined from time to time by the Board of Commissioners which sum shall be paid by the establishment or establishments requiring his services under the provisions of this article and to which establishment or establishments permits under this article have been issued, and shall be prorated to such establishments, if there be more than one, as directed by the Health Officer; and the establishment or establishments paying such salary as so directed shall within five (5) days after the last day of each month file with the City Clerk a receipt, executed by such Meat Inspector, showing the payment to him by such establishment of the salary as paid by such estab- lishment to the Meat Inspector of such amount thereof as it .has been directed to pay by the Health Officer, or the whole thereof if there by only one such establishment. (R. O. 1948, 11-228) 13-528. Pen . Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Two Hundred Dollars ($200), and each day's violation shall constitute a separate offense. (R. O. 1948, 11-229) CONSOLIDATED-SALINA Article 6. Milk 13-601. Definitions 13-602. Sale of Adulterated, Misbranded or Ungraded Milk or Milk Products Prohibited• 13-603. Permits; Fees 13-604. Labeling and Placardi ng 13-605. Inspection of Dairy Farms and Milk Plants for Purpose of Grading and Regrading 13-606. Examination of Milk and Milk Products 13-607. Grading of Milk and Milk Products 13-608. Grades of Milk and Milk Products Which May be Sold 13-609. Supplementary Grading Prescribed and Regrading Authorized 13-610. Transferring or Dipping Milk; Delivery Containers; Cooling; Quarantined Residences 13-611. Milk and Milk Products from Points Beyond Limits of Inspection of City of Salina 13-612. Future Dairies and Milk Plants 13-613. Notification of Disease 13-614. Procedure When Infection Suspected 13-615. Enforcement; Interpretation 13-616. Penalty 13-617. Unconstitutionality Clause 13-601. Definitions. The following definitions shall apply in the interpretation and the enforcement of this article. (a) M__LLk, Milk is hereby defined to be the lacteal secretion obtained by the complete milk- ing of one or more healthy cows, excluding that obtained within fifteen (15) days before and five (5) days after calving or such longer period as may be necessary to render the milk practically CONSOLIDATED-SALWA 1 1 11 colostrum free; which contains not less than eight and one-fourth (8%a) per cent of milk solids -not - fat, and not less than three and one-fourth (3�/a) per cent of milk fat. (b)M�llc Fa�Qr B�t�es Fats Milk fat or butter fat is the fat of milk. (c) Cream Cream is a portion of milk which contains not less than eighteen per cent (18%) milk fat, and the acidity of which is not more than twenty hundredths per cent (0.20%) expressed as lactic acid. (d) Sour Crg_am, Sour cream is cream the acidity of which is more than twenty hundredths per cent (0.20%) expressed as lactic acid. (e) Whipping-Cmam.. Whipping cream is cream which contains not less than thirty per cent (30%) of milk fat. (f) Half-cmd-latf- Half and half is a product consisting of a mixture of milk and cream which contains not less than eleven and one-half per cent (11%z%) of milk fat. (g) Sk'm Aiik. Skim milk is milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than'three and one-fourth per cent (3'/a%). (h)Loy-Q-rad-.DrnLQr-Fay-oLe-cLD-aiyr Drink• Flavored drink or flavored dairy drink is a beverage or confection consisting of skim milk to which has been added a syrup or flavor made from wholesome ingredients. (i)Flavored Milks Flavored milk is a beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients. (i) B-ttermijk. Buttermilk is the product which remains when fat is removed from milk or cream in the process of churning. It contains not less than eight and one-fourth per cent (8%a%) of milk solids -not -fat. (k) Cured_ utt_ennLL . Cultured buttermilk is a fluid product resulting from the souring or treatment, by a lactic acide or other culture, of pasteurized skim milk. It contains not less than eight and one-fourth per cent (8%a%) milk solids -not -fat. (1) V1tamin D Mks Vitamin D milk is milk the vitamin D concentration of which has been increased by an approved method to at least 400 U.S. P. units per quart. (m) F-Q-rtif esi-MjJk aac.M-iLk_PQ6-cts— Fortified milk is milk, other than vitamin D milk, the vitamin and/or mineral content of which has been increased by a method and in an amount approved by the Health Officer. The label shall contain the word "Fortified" and shall clearly show the amount and source of each vitamin and/or mineral added. CONSOLIDATED -SALIVA (n) omQgenizQ�d-MM— Homogenized milk is milk which has been treated in such manner as to insure breakup of fat globules to such an extent that after forty-eight (48) hours quiescent storage no visible cream separation occurs on the milk and the fat percentage of the milk in the top one hundred (100) ml. of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than ten per cent (10%) of itself from the fat percentage of the remaining milk as determined after thorough mixing. (o)ReconstLutelar Re�or�r�ir���MM� Reconstituted or recombined milk is a product resulting from the recombining of milk constituents with water, and which complies with the standards for milk fat and solids -not -fat of milk as defined herein. (p) Goat Milk Goat milk is the lacteal secretion, free from colostrum, obtained by the complete milking of healthy goats, and shall comply with all the requirements of this article. Th e word "cows" shall be interpreted to include goats. (q) CottageCheese_ Cottage cheese is the soft uncured cheese prepared from curd obtained by adding harmless, lactic -acid -producing bacteria, with or without enzymatic action, to pasteu- rized skim milk or pasteurized reconstituted skim milk. It contains not more than eighty per cent (80%) moisture. (r) Creamed Cottage Chge�e. Creamed cottage cheese is the soft uncured cottage cheese which is prepared by mixing cottage cheese with pasteurized cream, or with a pasteurized mixture of cream and milk or skim milk, and which contains not less than four per cent (4%) milk fat by weight, and not more than eighty per cent (80%) moisture. (s) M_!Lk Products. Milk products shall be taken to mean and include cream, sour cream, whipping cream, half and half, skim milk, flavored drink or flavored dairy drink, flavored milk, buttermilk, cultured buttermilk, vitamin D milk, fortified milk and milk products, homogenized milk, reconstituted or recombined milk, cottage cheese, creamed cottage cheese, and any other products made by addition of any substance to milk, or to any of these milk products, and used for similar purposes, and designated as a milk product by the Health Officer. (t) P_(3_stesuriz_catiQn_ The terms "pasteurization", "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of milk or milk product to at least 1450 F., and holding it at such temperature continuously for at least thirty (30) minutes, or to at least 1610 F., and holding it at such temperature continuously for at least fifteen (15) seconds, in approved and CONSOLIDATED-SALINA properly operated equipment: bnvided, That nothing contained in this definition shall be con- strued as barring any other process which has been demonstrated to be equally efficient and which is approved by the state health authority. (u) Ad-u-a�gip-.cL-gnd-Mi�2md-ed M1jkL-gnd-LAilk Products-. Any milk to which water has been added, or any milk or milk products which contains any unwholesome substance, or which if defined in this article does not conform with its definition, shall be deemed adulterated. Any milk or milk product which carries a grade label, unless such grade label has been awarded by the Health Officer and not revoked, or which fails to conform in any other respect with the statements on the label, shall be deemed to be misbranded. (v) Milk PrQ _user_ A milk producer is any person who owns or controls one or more cows, a part or all of the milk or milk products from which is sold or offered for sale. (w) M!Lk_D_istrij2.utPr. A milk distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. (x) DairTQr DauFarm. A dairy or dairy farm is any place or premises where one or more cows are kept, a part or all of the milk or milk products from which is sold or offered for sale. (y) MjLIk_ [Qnt: A milk plant is any place or premises or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, or prepared for dis- tribution, except an establishment where milk or milk products are sold at retail only. (z) Mi1_HwiPr_ A milk hauler is any person who transports milk or milk products from a dairy or dairy farm to a milk plant. (aa) Health OffLcer. The term "Health Officer" shall mean the health authority of the City of Salina, or his authorized representative. (bb) Person The word "person" shall mean any individual, partnership, corporation, company, trustee or association. (cc) Ani/or Where the term "and/or" is used "and" shall apply where possible, otherwise "or" shall apply. (dd) A�s�a�BQc��rLal PJ�t�CQunt;� est Mi�r4 pic Cs�nt s�nslCooling__TempemtuLe_ Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and the average cooling temperature shall be taken to mean the arithmetic average, of the respective test results of the last four consecutive samples, taken upon separate days, irrespective of the date of grading or regrading. (Ord. 6086, Sec. 1, 8-20-56) CONSOLMAT&DSALINA 13-602. Sale of Adulterated, Misbranded or Ungraded Milk or Milk Products Prohibited No person shall, within five (5) miles of the corporate limits of the City of Salina, or its police jurisdiction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, misbranded or ungraded. It shall be unlawful for any person elsewhere than in a private home, to have in possession any adulterated, misbranded or ungraded milk or milk products: Provided, That in any emergency the sale of ungraded milk or milk products may be authorized by the Health Officer, upon the approval of the state health authority, in which case they shall be labeled "ungraded." Adulterated, misbranded and/or ungraded milk or milk products may be impounded by the Health Officer and disposed of in accordance with state law. (Ord. 6086, Sec. 2, 8-20-56, Ord. 6271, Sec. 1, 10-10-58) 13-603. Permits; Fees. It shall be unlawful for any person to bring into, send into or ireceive into or within five (5) miles of the corporate limits of the City of Salina or its police jurisdiction for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served any milk or milk product defined in this article, who does not possess a permit from the Health Officer of the City of Salina. Each milk producer, milk hauler, milk distributor and operator of a milk plant shall secure a permit. Only a person who complies with the requirements of the article shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or locations. Such a permit may be temporarily suspended by the Health Officer upon violation by the holder of any of the terms of this article, or for interference with the Health Officer in the perfor- mance of his duties, or revoked after an opportunity for a hearing at a regular meeting of the Board of Commissioners upon serious or repeated violations. Before any such permit shall be issued by the Health Officer, the person desiring the same shall file with the Health Officer an application by such person signed which shal I state the name of such person and the name under which he does business; kind of business in which such person is engaged and for which he desires such permit; the location of the dairy farm, milk plant or other place of business for which such permit was desired; the number of cows kept on any such dairy farm, in case the applicant is a milk producer, whether the same are milked or not; the number and kind of vehicles used by any such person in:connection with the sale or distribution of such milk; together with such other information as the Health Officer may require; and shall pay to the Health Officer the fees provided for in this article, which fees CONSOLIDATED -SALIVA n 1 1 shall be accounted for and turned over by the Health Officer to the City Clerk and placed in the City Treasury to the credit of the Milk Inspection Department of the General Fund of said city. Any such permit shall remain in effect only for the remainder of the calendar year during which it is issued and shall expire on December 31st of such year. Whenever after any such permit is issued the person holding the same shall have or keep any additional cows on his premises not listed in his application for such permit, or shall use any additional vehicles not listed and described in said application, he shall file with the Health Officer a supplemental application and pay such additional fees therefor as may be required in this article, such additional fees to be computed as if such additional cows or vehicles were included in the original application and in the permit issued to such person for that year. The fees which shall be required of and paid by all persons as hereinabove provided for shall be as follows: (a) Each milk producer producing and selling raw milk to any milk plant for pasteurization " shall pay an annual fee of One Dollars ($1) for each herd of cows owned or controlled by such person, a part of or all of the milk or milk products of which are sold to any milk plant for pasteurization only. (b) Each milk hauler shall pay an annual permit fee of One Dollars ($1).' (c) Each person owning or controlling a restaurant, cafe, soda fountain, store or other establishment serving or selling milk or milk products shall pay an annual permit fee of One Dollar ($1). (Ord. 6086, Sec. 3, 8-20-56, Ord. 6271, Sec. 2, 10-10-58) 13-604. Labeling and Placardina. All bottles, cans, packages and other containers enclosing milk or any milk product defined in this article shall be plainly labeled or marked with: article; (1) The name of the contents as given in the .definitions in this article; (2) The grade of the contents if said contents are graded under the provisions of this (3) The word "pasteurized" only if the contents have been pasteurized; (4) The name of the plant at which the contents were pasteurized; (5) In the case of vitamin D milk, the designation "Vitamin D Milk" and the source of the vitamin D;, (6) Dispenser can label shall include the date of filling. The label or mark shall be in letters of a size, kind, and color approved by the Health Officer and shall contain no marks or words not approved by the Health Officer. CONSOLIDATED-$ALWA Every restaurant, cafe, soda fountain, or other establishment serving or selling milk or milk products shall display at all times, in a place designated by the Health Officer, a notice approved by the Health Officer, stating the lowest grade of milk and/or milk products served, and no establishment or other place where milk or milk products are sold or served for consumption on the premises shall serve or deliver to any person, for consumption as a beverage, any milk or milk products except in the original bottle or container, and with the original cap or label thereon, showing the grade of such milk or milk products and by whom bottled or produced which cap or label shall be removed only in the presence of the person to whom such milk or milk products are served or delivered. (Ord. 6086, Sec. 4, 8-20-56) 13-605. Inspectionof •iry Forms and Plants forPurpQse of • • • and Regrading As often as the Health Officer may deem necessary prior to the establishment and certification of any grade, and at least once thereafter during each grading period, the Health Officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within five (5) '.miles of the corporate limits of the City of Salina or its police jurisdiction, and as a result of such inspection or any subsequent inspection as herein provided for, shall determine and establish the grade of the milk or milk products produced or processed on or in any such dairy farm or milk plant and intended for consumption as a product of such dairy farm or milk plant, and shall furnish to the producer or distributor of such milk or milk products a certificate of such grade, and shall announce such grade, or any change thereof, at the times and in the manner hereinafter provided for. In case the Health Officer discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three (3) days, and the second inspection shall be used in determining the grade of milk and/or milk products. Any violation of any item of this article on two conse- cutive inspections within one grading period shall call for immediate degrading, and in such event the Health Officer shall establish and determine the grade to which such milk or milk products is entitled, and shall certify the same to the producer or distributor of such milk or milk products as provided for in the case of the establishment and determination of an original grade. Any grade established and determined by the Health Officer for the milk or milk products of any dairy farm or milk plant, and certified as herein provided for, shall remain as the established grade of such milk or milk product until the same is changed and such milk or milk product is regraded by the Health Officer, as in this article provided for, and it shall be unlawful for any person to sell, offer CONSOLIDATED -SALIVA or expose for sale, or have in his possession with the intent to sell, or as available for sale within I five (5) miles of the corporate limits of the City of Salina, any milk or milk product which is labeled or branded or placarded, as being of any grade other than the grade last duly determined, established and certified by the Health Officer as in this article provided for. One copy of the inspection report shall be posted by the Health Officer in a conspicuous lace upon an inside wall of one of the dairy farm or milk plant buildings, and said inspection p Po Y P report shall not be removed by any person except the Health Officer. Another copy of the inspection I report shall be filed with the records of the Health Department. (Ord. 6086, Sec. 5, 8-20-56, I i Ord. 6271, Sec. 3, 10-10-58) 13-606. Examination of Milk and Milk Products. During each grading period at least four (4) samples of milk and/or milk products from each dairy farm and each milk plant shall be taken on separate days and examined by the Health Officer. Samples of milk and/or milk products from stores, cafes, soda fountains, restaurants and other places where milk or milk products are sold shall be examined as often as the Health Officer may require. Bacterial plate counts shall be made in conformity with the latest standard methods recommended by the American Public Health Associa- tion. Examinations may include such other chemical and physical determinations as the Health Officer may deem necessary for the detection of adulteration, these examinations to be made in accordance with the latest standard methods of the American Public Health Association, and the Association of Official Agricultural Chemists. Bacterial plate counts and cooling temperature results shall be given to the producer or distributor concerned as soon as determined. Samples may be taken by the Health Officer at any time prior to the final delivery of the milk or milk products. All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the Health Officer, upon his request, I with the name of the distributor from whom their milk and/or milk products are obtained. Bioassays i of the vitamin D content of vitamin D milk shall be made when required by the Health Officer in a laboratory approved by him for such examinations. Whenever the average bacterial count, or the average cooling temperature falls beyond the limit for the grade then held, the Health Officer shall send written notice thereof to the person concerned and shall take an additional sample, but not before the lapse of three (3) days, for i determining a new average, in accordance with Section 13-601 (dd). i I I I i C ON SOL.IDATED-SALTNA 1 1 1 Violation of the grade requirement by the new average or by any subsequent average during the remainder of the current six (6) months period shall call for immediate degrading or suspension of the permit, unless the last individual result is within the grade limit. In case of violation of the phosphatase test requirement, the cause of under pasteurization shall be determined and removed before milk or milk products from this plant can again be sold as pasteurized milk or milk products. Whenever more than one of the last four (4) consecutive coliform counts of samples taken on separate days are beyond the limit for the grade then held, the Health Officer shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of three (3) days. Immediate degrading, suspension of permit, and/or court action shall be called for when the grade limit is violated by such additional samples, or when the grade limit is again violated during the remainder of the current six (6) month period by more than one of the last four (4) consecutive samples, unless the last individual result is within the grade limit. (Ord. 6086, Sec. 61 8-20-56) 13-607. Grading of-, Milk and Milk Products. Grades shall be based on the following standards, the grading of milk products being identical with the grading of milk, except that the bacterial count standards shall be doubled in the case of cream and half and half, and shall be omitted in the case of sour cream, buttermilk, cultured buttermilk, cottage cheese and creamed cottage cheese. The grade of a milk product shall not be higher than that of the lowest grade of milk or milk product used in its preparation. Grade A Raw Milk for Pasteurization. Grade A raw milk for pasteurization is raw milk from producer dairies conforming with the following items of sanitation. The bacterial plate count or the direct microscopic clump count of the milk, as delivered from the farm, shall not exceed two hundred thousand (200,000) per milliliter as determined in accordance with Section 13-606. Item lr _Cows:_Healths Except as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve (12) months thereafter, by a licensed veterinarian approved by the State Livestock Sanitary Authority. Said tests shall be made and any reactors disposed of in accordance with the require- ments approved by the Animal Disease Eradication Branch of the United States Department of Agriculture for accredited herds. A certificate signed by the veterinarian or attested to by the Health Officer and filed as directed by the Health Officer shall be evidence of the above test: CONSOLIDATZD-SALINA U 1 Provided" That in modified accredited tuberculosis free counties in which the modified accredited area plan is applied to the dairy herds, the modified accredited area system approved by the Animal Disease Eradication Branch of the United States Department of Agriculture, shall be accepted in lieu of annual testing. After January 1, 1957, all milk and milk products for pasteurization shall be from herds certified by the State Livestock Sanitary Authority as following Plan A approved by the Animal Disease Eradication Branch of the United States Department of Agriculture for the eradication of brucellosis. Evidence of this certification shall be filed as directed by the Health Officer. All additions to the herd shall be brucellosis free. Tests and retests shall be made and any reactors disposed of in accordance with the latest requirements approved by the Animal Disease Eradication Branch of the United States Department of Agriculture in effect at the time of the adoption of this article. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, and filed as directed by the Health Officer, shall be evidence of the above test. Cows which show a complete induration of one quarter or extensive induration in one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from themilking herd: Pr Bided" That this shall not apply in the case of a quarter that is completely dry. Cows giving bloody, stringy or otherwise abnormal milk, but without entire or extensive induration of the udder, shall be excluded from the herd until re-examination shows that the milk has become normal. For other diseases such tests and examinations as the Health Officer may require after consultation with State Livestock Sanitary Officials shall be made at intervals and by methods pre- scribed by him, and any diseased animals or reactors shall be disposed of as he may require. ern2r _Dairy -Barnes Lig-4ftg-. A dairy or milking barn shall be required, and such sections thereof where cows are milked shall have at least three (3) square feet of light area for each stanchion, and when necessary shall be provided with adequate supplementary artifical light. Item._ DaisBQrn- Air S�aae and Vent ijatlon, Such sections of a) I dairy barns where cows are kept or milked shall have at least four hundred (400) cubic feet of air space per stanchion and shall be well ventilated. Item 4r, DaLryr Barn__JoQrs The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other impervious and easily cleaned material CON SCA LIDATED-SALINA U C approved by the Health Officer and shall be graded to drain properly, and shall be kept clean and in good repair. No horses, pigs, fowl, calves, etc., shall be permitted in parts of the barn used for milking. Item 5r _Dairy-Barni WAIL anaCeilLng5. The walls and ceilings of all dairy barns shall be painted as often as necessary, or finished in a manner approved by the Health Officer, and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking space, it shall be separated therefrom by a dust -tight partition, provided with self-closing doors. No feed shall be stored in the milking portion of the barn. Iterrl5r_ C_Qw__Y_ald, The cow yard shall be graded and drained as well as practicable and so kept that there are no standing pools of water nor accumulations of organic wastes. Swine shall be kept out. ItmZr_M_anum D_i.sposaL All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Item 8r _M1Lk_HovAP__or R__Q_om_ C_Qnstrctigyi. (a) There shall be provided a milk house or milk room in which the cooling, handling and storing of milk and milk products and the washing, bactericidal treatment/ and storing of milk containers and utensils shall be done. The milk house or room shall be provided with a tight floor constructed of concrete or other impervious material, in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such construction as to permit easy cleaning, and shall be well painted and finished in an approved manner. (c) It shall be well lighted and ventilated. (d) It shall have all openings effectively screened, including outward opening, self- closing doors, unless other effective means are provided to prevent the entrance of flies. (e) It shall be used for no other purposes than those specified above except as may be approved by the Health Officer; shall not open directly into a stable or into any room used for domestic purposes; shall have water piped into it to supply hot and cold water under pressure; shall be provided with adequate facilities for the heating of water for the cleaning of utensils; and shall be equipped with two-compartment, stationary, wash and rinse vats. The cleaning and other operations shall be located and conducted so as to prevent any contamination of the milk or of cleaned equipment. CON &OIJDA"ILD-SALINA 1 r — LJ Item 9r._Milk House or Room_ Cleanness an�_Fll�sL The floors, walls, ceilings and equip- ment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. Item 10r..,__Toilet. Every dairy farm shall be provided with one or more sanitary toilers con- veniently located and constructed, operated and maintained in accordance with the recommenda- tions.of the State Board of Health, so that the waste is inaccessible to flies and does not pollute the surface soil or contaminate any water supply. Item_1 rs_Woter Sun�nlv_. The water supply for the milk room and dairy barn shall be properly located, protected, constructed and operated, and shall be easily accessible, adequate and of a safe, sanitary quality. Iteml2r�_Uten�ls_ Constru�tion� All multi -use containers, equipment or other utensils used in the handling, storage or transportation of milk or milk products shall be made of smooth non- absorbent material and of such construction as to be easily cleaned and shall be in good repair. Joints and seams shall be welded or soldered flush. Woven wire cloth shall not be used for strain- ing milk. If milk is strained, filter pads shall be used and not reused. All milk pails obtained hereafter shall be of the seamless hooded type. All single -service containers, closures and filter pads used shall have been manufactured, packaged, transported and handled in a sanitary manner. Item 13r._Uten�Js_ CJ.ean�n All multi -use containers, equipment and other utensils used in the handling, storage or transportation of milk and milk products shall be thoroughly cleaned after each usage. 14r1 Uten"_.- B-astprisadeUreQtm_e�, All multi -use containers, equipment and other utensils used in the handling, storage or transportation of milk or milk products shall, before each usage, be effectively subjected to an approved bactericidal process with steam, hot water, chemicals or hot air. It -cm -15r StQr1 All containers and other utensils used in the handling, storage or transportation of milk or milk products shall, unless stored in bactericidal solutions, be so stored as to drain and dry and so as not to become contaminated before being used. am1(r.Uttn_*1Js;_ Henaling. After bactericidal treatment, containers and other milk and milk product utensils shall be handled in such a manner as to prevent contamination of any surface j with which milk or milk products come in contact. i i CONSOLIDATED-SALINA 1 1 1tpml7-rj._Mi kking.` Udders and- Tea;ts,Ainormal M; I k- Milking shaIl be done in the milking barn stable or parlor. The udders and teats of all milking cows shall be clean and wiped with an approved bactericidal solution at the time of milking. Abnormal milk shall be kept out of the milk supply and shall be so handled and disposed of as to preclude the infection of the cows and the con- tamination of milk utensils. Item.l8r,_M-ain-gi F-LQnks The flanks, bellies and tails of all milking cowsshall be free from visible dirt at the time of milking. All brushing shall be completed before milking commences. Item19r,—Lvi t—ri! FiaridL, Milkers' hands shall be clean, rinsed with bactericidal solution, and dried with a clean towel immediately before milking and following any interruption in the milking operations. Wet hand milking is prohibited. Convenient facilities shall be provided for the washing of milkers' hands. Ite_m20r _Cjaan Ching` Milkers and milk handlers shall wear clean, washable outer garments while milking or handling milk, milk products, containers, utensils or equipment. Item 21r1_Mi_(k_5f2oli_ Milk stools shall be made of metal or other impervious material and shall be kept clean. Item 22r, Remo_Ya LQ MLLk, Each pail of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the dairy barn. Igm2r1_CoQjin�� Milk for pasteurization, unless delivered to a milk plant or receiving station within two (2) hours after completion of milking, shall be cooled immediately to 500 F. or less and shall be maintained at that temperature as determined in accordance with Section 13-601 (dd) until delivered. Item24r__Vahides. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect the milk or milk products from the sun, from freezing and from contamination. Such vehicles shall be kept clean and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed thereon. Grade C Raw Milk for Pasteurization. Grade C raw milk for pasteurization is raw milk which violates any of the requirements for grade A raw milk for pasteurization. Glade A Pates djt LMijk. Grade A pasteurized milk is grade A raw milk for pasteurization which has been pasteurized, cooled, and placed in the final container in a milk plant conforming CON SOLIDAT ED-SALINA 1 1 with all of the following items of sanitation, which in all cases shows efficient pasteurization as evidenced by satisfactory phosphatase tests, and which at no time after pasteurization and until delivery has a bacterial plate count exceeding thirty thousand (30,000) per milliliter or a coliform count exceeding ten (10) per milliliter as determined in accordance with Section 13-606: Provided That the raw milk at no time between dumping and pasteurization shall have a bacterial plate count or direct microscopic clump count exceeding four hundred thousand (400,000) per milliliter. The grading of pasteurized milk supply shall include the inspection of receiving and collecting stations with respect to compliance with Items 1p. to 15p, inclusive, and 17p, 19p, 21p, 22p and 23p, except that the partitioning requirements of Item 5p shall not apply. Item_1p__ Floors, The floors of all rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall be constructed of concrete or other equally impervious and easily cleaned material and shall be smooth, properly drained, provided with trapped drains, and kept clean and in good repair. Itgm 2R,_AQ1.1s ani LeULn s Walls and ceilings of rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall have a smooth, washable, light colored surface, and shall be kept clean and in good repair. Item3p` Dors-nd-Y�in�-w3.. All openings into the outer air shall be effectively screened to prevent the access of flies. Doors shall be self-closing. Item 4P.`L hEng.an-d-Vgnt�gticZrL- All rooms shall be well lighted and ventilated. Itgm-r-L The various milk plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equipment. All means necessary for the elimination of flies, other insects and rodents shall be used. There shall be,separate rooms for: (a) The pasteurizing, processing, cooling and bottling operations; and (b) The washing and bactericidal treatment of containers. Cans of raw milk shall not be unloaded directly into the pasteurizing room. Rooms in which milk, milk products, cleaned utensils or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant and milk containers, utensils and equipment shall be used for no other purposes than the processing of milk and milk products and the operations incident thereto, except as may be approved by the Health Officer. CONSOLIDATED-SALINA Item bp_ Toilet Facilities. Every milk plant shall be provided with sanitary toilet facilities which shall be approved by the Health Officer, and conforming with the ordinances of the City of Salina. There shall be at least one room or vestibule not used for milk purposes between the toilet room and any room in which milk or milk products are handled or stored. The doors of all toilet rooms shall bes6lf-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. In case privies or earth closets are permitted and used, they shall be separate process shall be done in a room or building provided for such purpose. from the building and shall be of a sanitary type constructed and operated in conformity with the requirements of Grade A raw milk for pasteurization. gl11` W S,Ly� The water supply shall be easily accessible, adequate and of a safe, sanitary quality. Item 8pL tianawashing FaciJ.ifigji. Convenient handwashing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. Handwashing facilities i shall be kept clean. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. dem 9�� SonJ�tar Piping, All piping used to conduct milk or milk products shall be "sanitary milk piping" of a type which can be easily cleaned. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary milk piping. L�m1 } ��nstr tion end RepaiLQ C4nL _ _QndLEsWipments All multi -use containers I and equipment with which milk or milk products come into contact shall be of smooth, impervious, j non -corrodible, non-toxic material; shall be so constructed and so located as to be easily cleaned; and shall be kept in good repair. All single -service containers, closures, gaskets and other articles used shall have been manufactured, packaged, transported and handled in a sanitary manner. I Item1-1p, Dls-posoLof Wastes All wastes shall be disposed of in conformity with the require- ments of the Health Officer. Item 12p.Cleaning anter�aa-1 Tt�trnent of ContaLners and E%ujpment. All milk and I milk products containers and equipment, except single -service containers, shall be thoroughly cleaned after each usage. All containers shall be effectively subjected to an approved bacterici- dal process after each cleaning and all equipment immediately before each usage. When empty i and before being returned to a producer by a milk plant, each container shall be thoroughly cleaned i and effectively subjected to an approved bactericidal process. Such cleaning and bactericidal i process shall be done in a room or building provided for such purpose. CONSOLIDATED-SALINA 1 1 1 Item 13p. Stora_e of Containers_ After bactericidal treatment, all bottles, cans and other milk or milk products containers shall be stored in such manner as to be protected from contamination. Item 14p._ Handling of Containers and Eq_ulpment. Between bactericidal treatment and usage and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the milk. Pasteurized milk or milk products shall not be permitted to come in contact with equipment with which unpasteurized milk or milk products have been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. No milk or milk products shall be permitted to come in contact with equip- ment with which a lower grade of milk or milk products has been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. Iced 15p_ Src ce9f Ca}zj, ParchmpntPa�� and SLrigJ�=S�YirgCaIltnin�r�� Milk bottle caps or cap stock parchment paper for milk cans, and single -service containers and gaskets shall be pur- chased and stored only in sanitary tubes, wrappings and cartons, shall be kept therein in a clean, dry place, and at least six (6) inches from the floor and shall be handled in a sanitary manner. Item16p,_ Pa eyrizat1ons Pasteurization shall be performed as described in Section 13-601 (t). The time and temperature record charts shall be dated and preserved for a period of three (3) months for the information of the Health Officer. Itgrn,Zp,_Caoljng_. All milk or milk products received for pasteurization shall immediately be cooled in approved equipment to 50 degrees F. or less and maintained at that temperature until pasteurized, unless they are to be pasteurized within two (2) hours after receipt; and all pasteurized milk and milk products except those to be cultured shall be immediately cooled in approved equip- ment to a temperature of 50 degrees or less and maintained thereat until delivery, as determined in accordance with Section 13-606. �m1_8�,_BQttl1n�artd Pa�k�ging� Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. Itgm19-P-_Oye fLcw Mjlk. Overflow milk products shall not be sold for human consumption. lt9m_2QP._C_afzpinnc.. Capping of milk and milk products shall be done in a sanitary manner by approved mechanical equipment. Hand capping is prohibited. The cap or cover shall protect the pouring lip to at least its largest diameter. Item 211_ Personnel_Health. The Health Officer or a physician authorized by him shall examine and take a careful morbidity history of every person connected with a pasteurization plant, CONSOLIDATED -SAUNA 1 L 1 or about to be employed, whose work brings him in contact with the production, handling, storage or transportation of milk, milk products, containers or equipment. If such examination or history suggests that such person may be a carrier of or infected with the organisms of typhoid or para- typhoid fever or any other communicable diseases likely to be transmitted through milk, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by state health authorities for such examinations, and if the results justify such persons shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the Health Officer may require for the purpose of determining freedom from infection. No person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers or milk equipment. Item 22p._ Pe-r-&2rLngls_C_l-east Lieu All persons coming in contact with milk, milk products, containers or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. 1ten23p__Y_e i LeA. All vehicles used for the transportation of milk or milk products shall be constructed and operated so as to protect their contents from the sun, from freezing, and from contamination. All vehicles used for distribution of milk or milk products shall have the name of the distributor prominently displayed thereon. Milk tank cars and tank trucks shall comply with the construction, cleaning, bactericidal treatment, storage and handling requirements of Items 5p, 10p, 12p, 13p and 14p. While contain- ing milk or milk products, they shall be sealed and labeled in an approved manner. For each tank shipment, a bill of lading containing all necessary information shall be prepared in triplicate, and shall be kept on file by the shipper, the consignee, and the carrier for a period of six (6) months for the information of the Health Officer. Milk tank cars and tank trucks shall not be used for purposes other than the transportation of Grade A milk for pasteurization or Grade A milk and milk products without approval of the Health Officer. Grade C Pasteurized Milk, Grade C pasteurized milk is pasteurized milk which violates any of the requirements for Grade A pasteurized milk. (Ord. 6086, Sec. 7, 8-20-56) 13-608. Grades of Milk and Milk Products Which May be Sold. From and after the effective date of this article, no milk or milk products shall be sold or kept for sale to the final C iJH 50LIDAT ED -SA LINA 1 k 1 consumer or to restaurants, soda fountains, grocery stores or similar establishments except Grade A pasteurized: Provided. That when any milk distributor fails to qualify for the above grade, the Health Officer is authorized to suspend his permit, and/or to institute court action, or, in lieu thereof, to degrade his product and to permit its sale during a temporary period not exceeding thirty (30) days, or in emergencies such longer periods as he may deem necessary: P ovider further, That ungraded cottage cheese and creamed cottage cheese may be sold until such time as grading standards are formulated and adopted. Such ungraded cottage cheese and creamed cottage cheese shall show no grade label, but may be labeled as made from Grade A pasteurized milk products, if only Grade A products are used in the manufacture of said products. (Ord. 6086, Sec. 8, 8-20-56) 13-609. Supplementary Gradino Prescribed and Rearadino Authorized. Iff at any time between the regular announcements of the grades of milk or milk products, as the result of the findings of two (2) consecutive inspections of any dairy or milk plant, or because the average bacterial plate count, the average direct microscopic count, the average coliform count, or the average cooling temperature exceeds the limit fixed for the grade currently held by the milk supply in question, a lower grade shall become justified in accordance with Section 13-607 of this article, the Health Officer shall immediately lower the grade of such milk or milk products, and shall enforce proper labeling and placarding thereof. Any producer or distributor of milk or milk products the grade of which has been lowered by the Health Officer, and who is properly labeling his milk and/or milk products, may at any time make application for the regrading of his product. Upon receipt of a satisfactory application, in case the lowered grade is the result of an excessive average bacterial plate count, coliform count, or cooling temperature, the Health Officer shall take further samples of the applicant's output, at a rate of not more than two (2) samples per week. The Health Officer shall immediately regrade the milk or milk products upward whenever the average of the last four (4) samples results indicate the necessary quality. In case the lowered grade of the .applicant's product is due to a violation of an item of the specifications prescribed in Section 13-607, other than average bacterial plate count, average coliform count, or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications has been conformed with. Within one 0 ) week of the receipt of such an application and statement the Health Officer CONSOLIDATED-SALINA 1 shall make a reinspection of the applicant's establishment, and, in case the findings justify, shall regrade the milk or milk products upward. In no case shall any degraded supply of milk or milk products be regraded upward until it shall have been labeled and placarded in accordance with the lowered grade for a period of at least five (5) days. (Ord. 6086, Sec. 9, 8-20-56) Residences. Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle., or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. Milk and milk products sold in the distributor's containers in quantities less than one (1) gallon shall be delivered in standard milk bottles or in single -service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries, hospitals and similar establishments to sell or serve any milk or milk product except in individual original container in which it was received from the distributor or from a bulk container equipped with an approved dispensing device: Provided, That this requirement shall not apply to cream, whipping cream or half and half con- sumed on the premises, which may be served from the original bottle or from a dispenser approved for such service. It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital or similar establishment to sell or serve any milk or milk products which has not been maintained, while in its possession, at a temperature of 50 degrees F. or less. If milk or milk products in non -leakproof co ntainers are stored in water for cooling, the pouring lip of the container shall not be submerged. It shall be the duty of all persons to whom milk and milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. The delivery of milk or milk products to and the collection of milk or milk products containers from residences in which cases of communicable disease transmissible through milk supplies exists shall be subject to the special requirements of the Health Officer. Homogenized milk or homogenized cream shall not be mixed with milk or cream which has not been homogenized. (Ord. 6086, Sec. 10, 8-20-56) CONSOLIPATED-SALINA 1 L - 13-611. Milk and Milk Products From Points Beyond Limits of Inspection of the City of Salina. Milk and milk products from points beyond the limits of inspection of the City of Salina may not be sold in and within five (5) miles of the corporate limits of the City of Salina or its police jurisdiction, unless produced and pasteurized under grading provisions identical with those of this article and approved by the Health Officer. Proof satisfactory to and approved by the Health Officer that such conditions have been complied with shall be furnished by the person re- ceiving any such milk and milk products before the same shall be sold or distributed in the City of Salina. The limits of inspection shall not exceed the terminus of a fifty (50) mile radius around Ord. 6271, the City of Salina. (Ord. 6086, Sec. 11, 8-20-56/'..Sec 4, 10-10-58) 13-612. Future Dairies and Milk Plants. All dairies and milk plants from which milk or milk products are supplied to the City of Salina, which are hereafter constructed, reconstructed or extensively altered, shall conform in their construction to the Grade A requirements of this article. Properly prepared plans for all dairies and milk plants which are hereafter constructed, reconstructed or extensively altered shall be submitted to the Health Officer for approval before work is begun. In case of milk plants signed approval shall be obtained from the Health Officer and/or the state health authority. (Ord. 6086, Sec. 12, 8-20-56) with 13-613. Notification of Disease. No person who is affected/any disease in a communi- cable form or is a carrier of such disease shall work at any dairy farm or milk plant in any capacity which brings him in contact with the production, handling, storage or transportation of milk or milk products, containers or equipment, and no dairy farm or milk plant shall employ in any such capacity any such person or any person suspected of being affected with any disease in a communi- cable form or of being a carrier of such disease. Any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the Health Officer immediately. (Ord. 6086, Sec. 13, 8-20-56) 13-614. Procedure When Infection Suspected. When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the Health Officer is authorized to require any or all of the following measures: (a) The immediate exclusion of that person from milk handling; (b) The immediate exclusion of the milk supply concerned from distribution and use; I C �1� SOI:,`D 47'ED-SAL WA 1 1 u (c) Adequate medical and bacteriological examination of the person, of his associates, and his and their bodily discharge. (Ord. 6086, Sec. 14, 8-20-56) 13-615. Enforcement;. Interpretation. This article and the various terms used herein shall be enforced and interpreted in accordance with the interpretation thereof contained in the latest current edition of the U. S. Public Health Service Milk Code as published from time to time and any amendments, revision or editions thereof. (Ord. 6086, Sec. 15, 8-20-56) 13-616. P na t Any person who shall violate any of the provisions of this article or who shall fail, refuse or neglect to comply with any of such provisions or with any of the law- ful orders or regulations made by the Health Officer of said city pursuant to this article shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than One Hundred Dollars ($100), or be imprisoned for not more than thirty (30) days, rs" shall be punished by both such fine and imprisonment, for each offense: Provided! That each and every violation of any provision of this article and each day upon which any such violation shall occur or continue shall be deemed a separate offense. (Ord. 6086, Sec. 16, 8-20-56) 13-617. Unconstitutionality Clause. Shoulct any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remainder of said article shall not be affected thereby. (Ord. 6086, Sec. 18, 8-20-56) Article 7. Food and Beverage Vending Machines 13-701. Definitions 13-702. Operator's Permits: Issuance; Suspension; Revo- cation; Reinstatement and 13-703. Sale; Examination/ Condemnation of Adulterated or Misbranded Food or Beverage 13-704. Inspection of Vending Machines and Commissaries 13-705. Sanitation Requirements for Vending Machine Operations 13-706. Disease Control 13-707. Procedure When Infection is Suspected 13-708. Commissaries Outside Jurisdiction of the Health Authority is ON E�I.II>ATEA-SALINA 1 1 13-709. Penalty 13-710. Date of Effect of This Article 13-711. Unconstitutionality Clause 13-701. Definitions. The following definitions shall apply in the interpretation and the enforcement of this article: (a) VendincL_Machine, The term "vending machine" shall mean any self-service device offered for public use which, upon insertion of a coin, coins or token, or by other means, dis- penses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation. (b) Mashing Law-tign. The term "machine location" shall mean the room, enclosure, space or area where one or more vending machines are installed and operated. (c) CoMMLsjajy, The term "commissary" shall mean commissary, catering establishment, restaurant or any other place in which food , beverage, ingredients, containers or supplies are kept, handled, prepared or stored, and directly from which vending machines are serviced. (d) Food. The term "food" shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or in part, for human consumption. (e) Readily Perishable Foods. The term "readily perishable foods" shall mean any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which I can cause food infections or food intoxication: Pxsx 4..d, That products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition. (f) HSL qw-d_F-QQd-Qr Bgygraae, The term "hot liquid food or beverage" shall mean liquid food or beverage, the temperature of which at the time of service to the consumer is at least 1500 F. (g) SLn_gLe SgrvIQ A_rtLcie, The term "single service article" shall mean any utensil, con- tainer, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage. CONSOLIDATED-SALINA 1 1 (h) Psod-LLct Contac -t- urfg-ce- The term "product contact surface" shall mean any surface of the vending machine, appurtenances or containers which comes into direct contact with any food, beverage or ingredient. (i) Adulterated. A food is adulterated: 0 ) If it bears or contains any poisonous or deleterious substance which may be injurious to hea I th; (2) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been estab I ished; (3) If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption; (4) If it has been prepared, packed, or stored under insanitary conditions whereby it may have become contaminated with filth, or rendered injurious to health; or (5) If the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health. anding. The term "misbranding" shall mean the use of any written, printed or graphic matter upon or accompanying products of containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading, or which violates any applicable local, state or federal labeling requirements. (k) Health Authority The term "health authority" shall mean the health authority having jurisdiction in the City of Salina or an authorized representative thereof. (I) U-par:g oL. The term "operator" shall mean any person, who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines. (m) .Perso.n_ The term "person" means any individual, partnership, corporation, company, firm, institution, trustee, association or any other public or private entity. (n) Emplome: The term "employee" shall mean any operator or any person employed by him who handles any food, beverage or ingredient to be dispensed through vending machines, or who comes into contact with food contact surfaces of containers, equipment, utensils or packaging materials used in connection with vending machines operations, or who otherwise services or maintains one or more such machines. Co N SOLIDAT ED-SAI.INA 1 F J (o) Approved_ The term "approved" shall mean approved by the health authority having jurisdiction in the City of Salina. Issuance of Permjt. (1) It shall be unlawful for any person to engage in the operation of one or more vending machines in the City of Salina, or its police jurisdiction, who does not possess a currently valid operator's permit from the health authority. Only persons who comply with the provisions of this article shall be entitled to receive and retain such a permit. (2) Any person desiring to operate one or more vending machines in the City of Salina shall make application in writing to the health authority on forms provided by the health authority. Such applicant shall provide the following information: a. The applicant's full name, residence and post office address, and whether such applicant is an individual, firm or corporation. If any partnership exists, the names of the partners, together with their addresses shall be included. b. The location of the commissary or commissaries, and of other establishments where supplies are kept and where vending machines are repaired or renovated. c. The identity and form of the products to be dispensed through vending machines and the number of each such type vending machine in his possession. d. The signature of the applicant or applicants. (3) Upon receipt of such application, the health authority shall make an inspection of the commissary, servicing and transport facilities, and representative machine and machine loca- tions to determine compliance with the provisions of this article. A numbered operator's permit shall be issued to the applicant by the health authority after compliance by the operator with the applicable provisions of this article. . Such permit shall not be transferable. (4) The operator's permit number, of a size and style approved by the health authority, shall be conspicuously displayed on each vending machine operated by him. j (5) In order to hold and retain an operator's permit, the operator shall maintain within the jurisdiction of the health authority, a list of all vending machines operated by him and their location and of all commissaries or other establishments from which his machines are serviced. This information shall be available to the health authority upon request. (b) In order to hold and retain an operator's permit, the operator shall notify the health authority of any change in operations involving new types of vending machines, or conversion of CON SOLIDATED-SALLNA 1 F1 existing machines to dispense products other than those for which the permit was issued. (b) Suspension or ReyocatLQnQf Permit• (1) After an opportunity for a hearing, and follow- ing the procedures provided in Section 13-704, an operator's permit may be temporarily suspended by the health authority upon violation by the permit holder of any of the provisions of this article or may be revoked upon serious or repeated violation of such provisions. (2) Notwithstanding any other provisions of this article, whenever the health authority finds grossly insanitary or other conditions involving the operation of any vending machine or commissary which, in his opinion, involves a substantial hazard to the public health, he may, without notice or hearing, issue a written order to the operator citing the existence of such con- dition and specifying corrective action to be taken and, if deemed necessary, requiring immediate discontinuance of operation. Such order shall be effective immediately and shall apply only to the vending machine, commissary or product involved. Any operator to whom such order is issued shall comply therewith, but upon petition to the health authority, shall be afforded a hearing as soon as possible. When necessary corrective action has been taken and on the request of the operator, the health authority shall make a reinspection to determine whether operations may be resumed. (3) After any hearing held under the provisions of this article, the health authority shall sustain, modify or rescind any notice or order considered in the hearing. (c) Re§__nstatement_Qf Per1'r1.LtL Any operator whose permit has been suspended, may at any time make application for the reinstatement of the permit. Within ten (10) days after the receipt of a written application, accompanied by, or including, a statement signed by the operator to the effect that the violated term or terms of this article have been complied with, the health authority shall make a reinspection. If the applicant is again complying with the terms of this article, the permit shall be reinstated. 13-703. Sale; Examination and Condemnation of Adulterated or Misbranded Food or Beveraae. It shall be unlawful for any person within the City of Salina to sell, offer, or expose for sale, through vending machines, or to have in possession with intent to sell therefrom any food, beverage or ingredient which is adulterated or misbranded. Samples of food, beverage or ingredient may be taken and examined by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, on written notice to the operator, impound and forbid the sale of any food or beverage which is adulterated or misbranded, or which he has probable cause to believe to be C( NSOLIDATFD-SALINA U adulterated or misbranded. After the operator has been given an opportunity for a hearing, the health authority may cause to be removed or destroyed any food or beverage which is adulterated or misbranded: Prided, That in the case of misbranding which can be corrected by proper labeling, such food or beverage may be released to the operator for correct labeling under the supervision of the health authority. 13-704. Inspection of Vending Machines and Commissaries. The health authority shall inspect the servicing, maintenance and operation of vending machines dispensing readily perish- able foods and commissaries at least once every six (b) months. Vending machines dispensing other than readily perishable foods may be inspected by the health authority as often as deemed necessary. The health authority after proper identification shall be permitted to enter at any reasonable time, upon any private or public property within the City of Salina, where vending machines or commissaries are operated, or from which such machines are otherwise serviced, for the purpose of determining compliance with the provisions of this article. The operator shall make provision for the health authority to have access, either in company with an employee or otherwise, to the interior of all vending machines operated by him. Whenever the health authority discovers a violation of any provision of this article, he shall notify the operator concerned. Such notice shall: (1) Describe the condition found and state which section of this article is violated by such condition; (2) Provide a specific and reasonable period of time for the correction of the condition; and (3) State that an opportunity for a hearing on inspection findings will be provided if a written within ten (10) days of receipt of the notice. The )health authority request for such hearing is filed with the health authority/may advise the operator in writing that unless the violations are corrected within the specified period of time, any permit issued under the provisions of this article may be suspended or revoked, in accordance with provisions of Section 13-702, or court action may be initiated. 13-705. Sanitation Requirements for Vending Machine Operations. . (a) Eo4ds_, Beverages, Inaredign s, Con��ro�l Co�tgLrtgLs�EgU!{�1''1�M�{�r�a�r��and O�e�ons. Foods, beverages and ingredients intended for sale through vending machines shall be obtained from sources complying with the regulations of the City of Salina, and with other applicable state and federal laws and regulations. Such products shall be clean and wholesome, free from spoilage, and shall be processed, prepared, handled and stored in such manner as to be protected against CON SOL IDATED-SALINA 1 1 contamination and adulteration. All product contact surfaces of containers and equipment shall be protected from contamination. Sat,isfactor-ComplLance, This item shall be deemed to have been satisfied when the following requirements are met: (1) All foods, beverages and ingredients offered for sale through vending machines, shall be manufactured, processed and prepared in commissaries or establishments which comply with all applicable local, state and federal laws and regulations. (2) All foods, beverages and ingredients offered for sale through vending machines shall be wholesome and free from spoilage, contamination and adulteration. (3) All foods, beverages and ingredients shall be stored or packaged in clean protective containers, and shall be handled, transported and vended in a sanitary manner. Wet storage of packaged products is prohibited. (4) Readily perishable foods offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's or processor's plant, or such products shall be dispensed into single service containers. In those vending machines dispensing readily perishable foods, beverages or ingredients in bulk, the bulk supplies of such foods, beverages or ingredients shall be transferred only to a bulk vending machine container and appurtenance which are clean and have been subjected to an approved bactericidal process. (5) Readily perishable foods or ingredients within the vending machine shall be main- tained at a temperature not higher than 500 F., or a temperature not lower 1500 F. Vending machines dispensing readily perishable foods shall be provided with controls which insure the maintenance of these temperatures at all times: Provided" That an exception may be made for the actual time required to fill or otherwise service the machine and for the maximum recovery period of thirty (30) minutes following completion of filling or servicing operations. Such controls shall also place the machine in an inoperative condition until serviced by the operator, in the event of power failure or other condition, which permits the food storage compartment to attain a temperature above 500 F., or below 1500 F., whichever is applicable. Vending machines dis- pensing readily perishable food shall be provided with a thermometer which, to an accuracy of + 20 F., indicates the air temperature of the food storage compartment. CONSOLTDATED-SALIVA 1 1 1 (6) Milk and fluid milk products offered for sale through vending machines shall be dis- pensed only in individual original containers or from bulk containers into which such product was placed at the milk plant: o4d„d, That in the case of vending machines that use fluid milk products as an ingredient in hot liquid foods or beverages, such milk product may be transferred at the machine location from the individual, original container of not more than one-half (%z) gallon capacity to a vending machine bulk container which is clean and has been subjected to an approved bactericidal process in accordance with paragraph 8 of this item: Provided fuahgr, That in such transfer, the entire contents of the individual original container are used. (7) All multi -use parts of any bulk milk vending machine which come into direct contact with the milk or milk product shall be effectively cleaned and bactericidally treatedat the milk plant: Provi___d dd That single service dispensing tubes which receive bactericidal treatment at the fabricating plant and which are individually packaged in such manner as to preclude contami- nation may be exempted from this provision. The can or other bulk milk container shall be filled only at the milk plant and shall be sealed with two seals in such manner as to make it impossible to withdraw any part of its contents without breaking one seal, and impractical to introduce any substance without breaking the other seal. The delivery tube and any milk contact parts of the dispensing device shall be attached at the milk plant, and, shall be protected by a moisture -proof covering, or housed in a compartment with a moisture -tight closure, which shall not be removed until after the container is placed in the refrigerated compartment of the vending machine. (8) With the exception of product contact surfaces of bulk milk vending machines for which separate provisions for cleaning and bactericidal treatment are specified in paragraph 7 of this item, all multi -use containers or parts of vending machines which come into direct contact with readily perishable foods, beverages or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively subjected to an approved bactericidal process at the commissary or other approved facility: Provide d, That the requirement for daily cleaning and bactericidal treatments may be waived for those contact surfaces which are maintained at all times at a temperature of not higher than 500 F. or at a temperature of not lower than 1500 F. , whichever is applicable. Such parts shall, after cleaning and bactericidal treatment be protected from contamination. •_ ONSOLIDATED-SALINA 1 1 (9) All parts of vending machines which come into direct contact with other than readily perishable foods shall be thoroughly cleaned and subjected to bactericidal treatment by methods approved by the health authority. The frequency of such cleaning and bactericidal treatment shall beestablishedby the health authority based upon the type of product being dispensed. A record of such cleaning and bactericidal treatment operations shall be maintained by the operator in each machine and shall be current for at least the past thirty (30) days. (10) All single service containers, which receive food or beverage from machines dis- pensing such products in bulk, shall be purchased in sanitary cartons or packages which protect the containers from contamination, shall be stored in a clean dry place until used and shall be handled in a sanitary manner. Such containers shall be stored in the original carton or package in which they were placed at the point of manufacture until introduced into the container magazine or dis- penser of the vending machine. Single service containers stored within the vending machine shall be protected from manual contact, dust, insects, rodents and other contamination. (b) Machine Location. The machine location shall be such as to minimize the potential for contamination of the product, shall be easily cleanable, and shall be kept clean. $at14fa(Ztory ComgLLasce. This item shall be deemed to have been satisfied when the following requirements are met: 0 ) Each vending machine shall be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from drains and piping. Each vending machine shall be so located that the space around and under the machine can be readily cleaned, and so that insect and rodent harborage is not created. (2) The floor area upon which vending machines are located shall be reasonably smooth, of cleanable construction, and be capable of withstanding repeated washing and scrubbing. The space and the immediate surroundings of each vending machine shall be maintained in a clean condition. (c) The exterior construction of the vending machine shall be such as to facilitate cleaning and to minimize the entrance of insects and rodents, and the exterior of the machine shall be kept clean. Service connections shall be such as to protect against unintentional or accidental interruption of service to the machine. Sfactaty_ComLance, This item shall be deemed to have been satisfied when the following requirements are met: CONSOLIDATED -SALIVA 1 0 ) The vending machine shall be of sturdy construction and the exterior shall be so designed, fabricated and finished as to facilitate its being kept clean, and to minimize the entrance of insects and rodents. (2) Door and panel access openings to the product and container storage spaces of the machine shall be tight fitting, and if necessary gasketed so as to preclude the entrance of dust, moisture, insects and rodents. (3) All necessary ventilation louvers or openings into vending machines shall be effectively screened against insects and rodents: Provided That an exception to this provision may be made for vending machines currently in use until such time as such machines are relocated or removed from present machine location for any other purposes. Such screening material shall be not less than sixteen (16) meshto the inch or equivalent. (4) In all new vending machines in which a condenser unit is an integral part of the machine, such unit shall be sealed from the product and container storage spaces. (5) Unless the vending machine is sealed to the floor so as to prevent seepage under - neath, or can be manually moved with ease, one or more of the following provisions shall be utilized to facilitate cleaning operations: a. The machine shall be mounted on legs six (6) or more inches in height; or b. The machine shall be mounted on casters or rollers; or c. The machine shall be mounted on gliders which permit it to be easily moved. (6) All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or sealed to prevent the entrance of insects and rodents. All connections to such utilities shall be such as to discourage their un- authorized or unintentional disconnection. (d) All interior surfaces and component parts of the vending machine shall be so designed and constructed as to permit easy cleaning, and shall be kept clean. All product contact surfaces of the machine shall be of smooth, nontoxic, corrosion resistant, and relatively nonabsorbent material, and shall be capable of withstanding repeated cleaning and bactericidal treatment by normal procedures. Such surfaces shall be protected against contamination. Satisfactory Compliance. This item shall be deemed to have been satisfied when the following requirements are met: CONSOLIDATED-SALINA 1 1 1 (1) The nonproduct contact surfaces of the interior of vending machines shall be so designed and constructed as to permit easy cleaning, and to facilitate maintenance operations. Inaccessible surfaces or areas shall be minimized. (2) All product contact surfaces of vending machines shall be smooth, in good repair and free of breaks, corrosion, open seams, cracks and chipped places. The design of such sur- faces shall be such as to preclude routine contact between food and V -type threaded surfaces. All joints and welds in product contact surfaces shall be smooth; and all internal angles and corners of such surfaces shall be rounded to facilitate cleaning. (3) All product or ingredient contact surfaces of vending machines, including containers, pipes, valves and fittings, shall be constructed of non-toxic, corrosion resistant and relatively nonabsorbent materials, and shall be kept clean. All containers, valves, fittings, chutes, and faucets which are in contact with food shall be easily and readily removable, and so fabricated as to be easily disassembled and when disassembled, all surfaces shall be visible for inspection and cleaning. In machines of such design that product contact pipes or tubing are not readily re- movable, in-place cleaning of such pipes and pipe fittings may be permitted: Provided That a. They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system: b. Such solutions will contact all interior surfaces; c. The system is self -draining or otherwise completely evacuated; and d. The cleaning procedures result in thorough cleaning of the equipment. (4) The openings into all nonpressurized containers used for the storage of vendable foods and ingredients, including water, shall be provided with covers which prevent contami- nation from reaching the interior of the containers. Such covers shall be designed to provide a flange which overlaps the opening, and shall be sloped to provide drainage from the cover surface. Any port opening through the cover shall be flanged upward at least three-eighths (3/8) inch and shall be provided with a cover whicKoverlaps the flange. Condensation or drip deflecting aprons shall be provided on all piping, thermometers, equipment rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons shall be con- sidered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, shall be of a material which is nontoxic,, relatively stable, and relatively nonabsorbent, and shall have a smooth surface. All gasket retaining grooves shall be readily cleanable. CONSOLIDATED-SALINA I (5) The delivery tube or chute and orifice of all bulk food and bulk beverage vending machines shall be protected from normal manual contact, dust, insects, rodents and other con- tamination. The design shall be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines shall be provided with a tight fitting, self-closing door or cover which is kept closed, except when the machine is in the process of delivering food or beverage. (b) The product storage compartment within vending machines dispensing packaged liquid products, shall be so constructed as to be self -draining, or shall be provided with a drain outlet which permits complete draining of the compartment. All such drains shall be easily cleanable. (7) Opening devices which come into contact with the product or the product contact surface of the containers shall be constructed of smooth, non-toxic, corrosion resistant, and relatively nonabsorbent materials. Unless the opening device is of a single -service type, it shall be readily removable for cleaning, and shall be kept clean. Parts of multi -use opening devices which come into contact with the product or product contact surface of containers shall be reason- ably protected from manual contact, dust, insects, rodents and other contamination, and such parts shall be readi lyremovable for cleaningand shall be kept clean. (e) Watpr $IJl ply Water used in vending machines shall be from an approved source, and shall be of a safe and sanitary quality. $at1sfa,tQr Cou�lLan-ce. This item shall be deemed to have been satisfied when the following requirements are met: (1) All water used in vending machines shall be of a safe and sanitary quality, and from a source approved by the health authority. Water used as a product ingredient shall be piped into the vending machine under pressure, and all connections and fittings shall be installed in accord- ance with local or state plumbing regulations. Containers for the storage of water for product ingredient, which are not a part of the closed water system, shall be designed and maintained as product contact surfaces. (2) If used, water filters or other water conditioning devices shall be of a type which may be disassembled for periodic cleaning or replacement of the active element. Replacement elements shall be handled in a sanitary manner. (3) All vending machines which dispense carbonated beverages and which are connected to a water supply system shall be equipped with two (or a double) check valves; or an air gap; or CONSOLIDATED-$ALINA a device to vent carbon dioxide to the atmosphere; or other device approved by the health authority, I which will provide positive protection against the entrance of carbon dioxide or carbonated water j( into the water supply system. (4) Where check valves are used for the protection of the water supply system, a screen of not less than one hundred (100) mesh to the inch shall be installed in the water supply line immediately, upstream from the check valves. (5) In all vending machines which dispense carbonated beverages and which are connected to a water supply system, the ingredient water contact surfaces from the check valves or other pro- tective device downstream, including the device itself, shall be of such material as to preclude the production of toxic substances which might result from interaction with carbon dioxide or carbonated water. (f) WkutgDisPg_wL. All wastes shall be properly disposed of, and pending disposition, shall be kept in suitable containers 11 . so as to prevent creating a nuisance. Sgtj�fa� or C}�j�n��, This item shall be deemed to have been satisfied when the following requirements are met: ( 1 ) All trash and other waste material shall be removed from the machine location as frequently as may be necessary to prevent nuisance and unsightliness, and shall be disposed of in a manner approved by the health authority. (2) Self-closing, leak -proof, readily cleanable, plainly labeled and designated waste container or containers shall be provided in the vicinity of each machine or machines to receive used cups, cartons, wrappers, straws, closures and other single service items. Such waste con - 4. tainers shall not be located within the vending machine:_C[ovi� ded, That an exception may be made for those machines dispensing only packaged products with crown closures, in which case the closure receptacle may be located within the machine. Suitable racks or cases shall be pro- vided for multi -use containers or bottles. (3) Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow, or other liquid wastes. An automatic shut-off device shall be provided which will place the vending machine out of operation before such container overflows. Containers or surfaces on which such wastes may accumulate shall be readi lyremovable for.eleaning, shall be easily cleanable, and shall be corrosion CONSOLIDATED-SALINA 1 resistant. If liquid wastes from drip, spillage or overflow, which originate within the machine are discharged into a sewerage system, the connection to the sewer shall be through an air gap. (g) D-elime_yc.nLFnQd&,IngmAient,,Equip,Pnt-nil S11 plies ta_&/lachine_location. Foods, beverages and ingredients and product contact surfaces of containers, equipment and supplies, shall be protected from contamination while in transit to machine location. Readily perishable foods and beverages while in transit shall be maintained at a temperature not higher than 500 F., or not lower than 1500 F. Satisfactory Compliance. This item shall be deemed to have been satisfied when the following requirements are met: 0 ) Food, beverages or ingredients while in transit to vending machine locations shall be protected from the elements, dirt, dust, insects, rodents and other contamination. Similar pro- tection shall be provided for single -service containers, and for the product contact surfaces of equipment, containers and devices in transit to machine locations. (2) Readily perishable foods or beverages, while in transit to vending machine locations shall be maintained at a temperature of not more than 500 F. , or at a temperature of not less than 1500 F. Personae-L.-rilingAs. Employees shall keep their hands clean and shall wear clean outer gar- ments while engaged in handling foods or beverages, or product contact surfaces of utensils or equipment. Sati_fs actor)LCompjj(jnce. This item shall be deemed to have been satisfied when the following requirements are met: Employees shall wash their hands immediately prior to engaging in any vending machine servicing operation which may bring them into contact with foods, beverages or ingredients, or with product contact surfaces of utensils, containers or equipment. While engaged in such servicing operations, employees shall wear clean outer garments. 13-706. Disease Control. No employee with any disease in an communicable form, or who is a carrier of such disease, shall work in any commissary or in vending machine operations in any capacity which brings him into contact with the production, handling, storage or transportation of foods, beverages, ingredients or equipment used in vending machine operations; and no operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any employee who has a dis- CONSOLIDATED -SA -LINA charging or infected wound, sore_ or lesion on hands, arms or any exposed portion of the body i shall be excluded from those operations which will bring him into contact with foods, beverages, i utensils or equipment used in vending machine operations. Any operator among whose employees there occurs a communicable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, shall notify the health authority immediately. 13-707. Procedure When Infection is Suspected. When suspicion arises as to the possibility of transmission of infection from any employee, the health authority is authorized to require any or all of the following measures: (1) The immediate exclusion of the employee from all commissaries and vending machine operations. (2) The immediate closing of the commissaries and operations concerned until, in the opinion of the health authority, nofurther danger of disease outbreak exists. (3) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. 13-708. Commissaries Outside Jurisdiction of the Health Authority. Foods, beverages and ingredients from commissaries outside the jurisdiction of the health authority of the City of Salina may be sold within the City of Salina if such commissaries conform to the provisions of the food establishment sanitation regulations of the City of Salina or to substantially equivalent pro- visions. To determine the extent of compliance with such provisions, the health authority may accept reports from the responsible authority in the jurisdiction where the commissary or com- missaries are located. 13-709. Penalty Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined not more than Three Hundred Dollars ($300). In addition, thereto, such person may be enjoined from continuing such violation. Each and every violation of the provisions of this article shall constitute a separate offense. 13-710. Date of Effect of This Article. This article shall be in full force and effect twelve (12) months after the adoption and publication of this code. j13-711. Unconstitutionality Clause. Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remainder of said article shall not be affected thereby. C7N Sf�L1UAT'&D-SAL INA 1 Article 8. Food Handlers Examination 13-801. Tuberculin or X-ray Test of Food and Drink Handlers 13-801. Tuberculin or X-ray Test of Food and Drink Handlers. Every employee or person in any manner connected with or engaged in the handling of food or drink or handling utensils or equipment used in the preparation, serving or storage of food or drink in any restaurant, grocery store, meat market, bakery, bottling works or other establishment where food or drink is produced, sold, prepared or served as regulated by Article 4 of this chapter, shall have a negative tuberculosis skin test or a chest X-ray read by a competent medical doctor showing freedom from active tuberculosis. In case of suspected tuberculosis, further examinations and tests to be determined or approved by the Health Officer shall be made. Said tuberculin tests or X-ray shall be effected at intervals not exceeding three (3) years. All new employees or persons engaging in foodhandling as described above shall have said tuberculin test or X-ray within sixty (60) days following employment. When satisfactory proof of said examinations or tests are presented to the Health Officer, the Health Officer shall issue a certificate of health examination to the foodhandler. Article 9. Sewers: Requiring Connection To 13-901. Requiring Connection to Sewer 13-902. City May Connect 13-903. Costs Assessed 13-901. Requiring Connection to Sewer. Persons and property owners owning dwell- ing houses or buildings within the City of Salina, which building or buildings are or shall be, located near a sewer, or in a block within any such sewer district in said city through which a i sewer extends are hereby required to make such connections with said sewer system of said city, as may be necessary in the judgment of the Joint City -County Board of Health for the protection of the health of the public, for the purpose of disposing of all substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer. (R. O. 1948, 21-101) 13-902. City May Connect. In the event any person or persons shall fail or refuse to connect any building or buildings with the sewer system of said city as herein provided for, for CON SO IDATED-SALINA 1 more than ten (10) days after being notified in writing by the Joint City -County Board of Health to do so, then the City of Salina may cause such premises and buildings to be connected with said sewer system and said city is hereby authorized to advertise for bids for the construction and making of such sewer connections, and to contract therefor with the lowest responsible bidder or bidders, and to cause such premises to be connected with said sewer system. (R. O. 1948, 21-102) 13-903. Costs Assessed. To pay the costs and expenses of such work the said city may assess said costs and expenses against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made. (R. O. 1948, 21-103) Article 10. Cesspools and Vaults 13-1001. Vaults, Cesspools Prohibited, When 13-1002. Vaults, Cesspools Prohibited, Notice 13-1003. Definitions 13-1004. Violations; Penalty I 13-1001. Vaults, Cesspools, Prohibited, When. It shall be unlawful for any person, firm or corporation to construct on any property in the City of Salina, which abuts on any street or alley in which there is located a public sewer, or which is sufficiently close to any public sewer to have access thereto, any vault or cesspool, and it shall be unlawful for any person, firm or corporation to use or permit the use of any vault or cesspool now constructed on any such property. (R. O. 1948, 21-201) i 13-1002. vaults, Cesspools, Prohibited, Notice. Any vault or cesspool now or here- after located or constructed on any property in the City of Salina which abuts upon any street or alley upon which there is or in which there may be hereafter located any public sewer, or which is accessible to any public sewer now or hereafter constructed, shall be and the same is hereby pro- hibited and suppressed and the same shall be removed upon notice given by the Chief of Police to the occupant of an such remises and to the owner of such remises if such owner be a resident Ix' Y premises, P of the City of Salina, or if such owner be a nonresident of the City of Salina, then to the agent of such owner if such agent be a resident of the City of Salina, and if such agent can be found by or is known to the Chief of Police. If any such occupant, owner or agent, or any of them, are nonresidents of the city, or cannot be found or located by the Chief of Police in said city, such C ON&3LIDATED-SALINA 1 notice as to any or all of such persons who are nonresidents or who cannot be located within the city, may be posted in a conspicuous place on said premises and such posting shall have the same effect as to such nonresidents or persons who cannot be found or located in said city, as if the same had been personally served upon them. Each such vault or cesspool is hereby declared to be a public nuisance and if within ten (10) days after the service of any such notice, the same shall not be removed by the occupant or owner, or by the agent of the owner, such vault or cesspool shall be abated and removed, and filled up, by some person employed for such purpose by order of the Board of Commissioners and the cost thereof shall be reported to the Board of Commissioners and shall be assessed and taxed against the lot or tract of ground upon which such vault or cesspool is located and maintained, and such cost shall be levied, certified and collected as a special assessment in the same manner as special assessments for repairing and building sidewalks. (R. O. 1948, 21-202) 13-1003. Definitions. The terms "vault" and "cesspool" as used herein shall be deemed to include all privy vaults, septic tanks and any receptacle for filth or excrement for the carrying off of which the sewers of the city may be properly used, and all appurtenances thereto. (R. O. 19481 21-203) 13-1004. Violations; Penalty. Any person, firm or corporation, or the agent, employee, representative, officer or member of any such person, firm or corporation who shall violate any of the provisions of this article, or who shall fail, neglect or refuse to comply with any order `or notice made or given pursuant to the provisions of this article, or who shall maintain or permit the maintenance of any nuisance described in this article, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each offense and each day upon which any such nuisance shall be per- mitted to continue, or during which any violation of this article shall be permitted or caused to exist, may be deemed a separate offense. (R. O. 1948, 21-204) Article 11. Unhealthful Structures 13-1101. Unhealthful Structures NOTE: G. S. 13-436; Sheaff v. Kansas City, 119 Kan. 726. CONSO 1ADATED-SALINA 1 1 LI 13-1101. Unhealthful Structures. Whenever the Health Officer shall, upon investi- gation, find any building, dwelling house or tenement within the City of Salina in such an unhealthful and unsanitary condition as to be unfit for human habitation, or to be a menace to the general health of the public as a breeding place for contagion and disease, he shall immedi ately take steps to have such building, tenement or dwelling house abated or removed as a nuisance in the following manner: He shall cause to be served upon the owner or his agent of said property, tenements or buildings, a notice commanding him to be and appear at a meeting of the Board of Commissioners to show reason why said property, tenement or building should not be condemned by said Board of Commissioners and ordered abated or removed as a nuisance. The time and place of said hearing before said Commissioners shall be set forth in said notice, and the hearing shall not be had in less than five (5) days after the service of such notice upon the owner or agent as afore- said. Said notice may be served upon the owner or agent of said buildings, tenements or dwelling houses by the Health Officer or by any member of the Joint City -County Health Department, or by any of the members of the Police Department by delivering a copy of said notice to the agent or owner, or by leaving a copy of said notice at his usual place of residence. In the event the agent or owner as aforesaid, is a nonresident of the state, the Health Officer shall cause such notice to be served by publishing the same in the official city paper, one publication each week for at least two (2) weeks prior to the date set for the hearing and a copy of such notice shall be mailed to the address of such nonresident owner or agent, in case his address can be ascertained. Upon such hearing before the Board of Commissioners, if in the opinion of three-fifths (3/5) of said Board, after having heard all the evidence in the matter, such building, tenement or property as aforesaid constitutes a nuisance as aforesaid, then and in that event the Board of Commissioners shall order said nuisance to be removed or abated by the owner or agent within ten (10) days, or within such reasonable time as the Commissioners may deem proper in the premises. If, at the end of said time designated by the Commissioners for the abatement or removal of such nuisance, the owner or agent has failed in whole or in part to comply with the order of the Com- missioners, then and in that event the Commissioners shall order the Joint City -County Health Department forthwith to remove or abate such nuisance and cause the cost of abating or removal of said nuisance to be taxed against the lot or tract of ground upon which the same is located or main- tained, and to levy, certify and collect the same as a special assessment in the same manner as for repairing and building sidewalks. (R. O. 1948, 6-801) CONSOLIDATED -SALIVA C 1 11 CHAPTER XIV. INDUSTRIAL DEVELOPMENT i Article I. Industrial Development I I Article 1 . Industrial Development 14-101. Industrial Development Department 14-102. Director of Industrial Development 14-101. Industrial Development Department. There be and hereby is created and established a Department of Industrial Development for the administration of the industrial fund whenever any money is provided by an industrial levy under and by virtue of the terms and provisions and of Sections 13-1441 13-1442, 1959 Supplement to the General Statutes of 1949, and any amendments thereto. (R. O. 1948, 1-801) 14-102. Director of Industrial Development. There is hereby created the office of Director of Industrial Development who shall draw a salary as prescribed by ordinance, who shall actively engage in research for the general development of the City of Salina. He shal I contact al I business concerns that may be interested in locating in Salina and shat I assist them in any way plausible in locating in the city. He shall obtain necessary pamphlets and brochures to attract firms to investigate the advantages of the city and shall at all times have research data available to use in promoting business and capital interested in the city. He shall aid existing business to the utmost. He shall make reports to the Board of Commissioners as required concerning his activities and the results he has obtained. He shall make recommendations to the Board of Commissioners and keep them fully advised as to the needs of his office. He shall cooperate with the Chamber of Commerce, and other civic organizations to the fullest extent. The information and service available from the Kansas Industrial Commission shall be utilized to the greatest possible advantage and he shall perform any other duties assigned to him by the City Manager in accord with the intent and purpose of this article. . (R. O. 1948, 1-802) CONSOLIDATED-SALINA D 1 7-7 L CHAPTER XV. LIBRARY Article 1 . Library Board Article 2. Offenses Relating to the Library Article 1 . Library Board 15-101. Board; Appointment; Terms; Eligibility; Vacancies; Expenses 15-102. Corporate Status of Board; Powers 15-103. Officers of Board; Meetings; Notice 15-104. Powers and Duties of Board 15-105. Treasurer of Board: Bond; Duties 15-106. Use of Library; Rules and Regulations 15-107. Penalties as to Library Property Authorized 15-108. Budgets and Tax Levies; Duties of Officers i • • • • • • • 11 - 1- 11 • • • • - • - / - - • • Board shall consist of seven (7) appointed members and the Mayor as ex officio member. The Mayor shall, as terms expire or vacancies occur, appoint, with the approval of the Board of Commissioners, members of the Library Board. Regular terms shall be for four (4) years, ending April 30. In addition to the appointed members of the Board, the Mayor shall be ex officio a member of the Library Board with the same powers as appointed members, but no person holding any office in the city shall be appointed a member while holding such office. All members appointed to the Library Board shall be residents of the city. Vacancies occasioned by removal from the city, resignation or otherwise, shall be filled by appointment for the unexpired term. No person who has been appointed for two (2) consecutive four-year terms to the Library Board shall be eligible for further appointment to such board until two (2) years after the expiration of the second term. Members of the Library Board shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members. (R. O. 19481 1-901; G. S. 1959 Supp. 12-1222) CONSOLIDATED-SALINA 1.5-102. Corporate Status of Board; Powers. The Library Board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of "The Board of Directors of Salina Library" and under such name may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law. The acquisition or disposition of real property shall be subject to the approval of the Governing Body of the city. (G. S. 1959 Supp. 12-1223) 15-103. Officers of Board; Meetings; Notice. The members of the Library Board shall annually organize by the election of a chairman, a secretary and a treasurer and such other officers as they may deem necessary. The Board shal I fix the date and place of its regular meetings and special meetings may be called by the chairman or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purpose for which called, shall, unless waived, be given each member of the Board at least two (2) days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting. (G. S. 1959 Supp. 12-1224) 15-104. Powers and Duties of Board. The Library Board shall have the following powers and duties: (a) To make and adopt rules and regulations for the administration of the library; (S) With the approval of the Governing Body of the city, to purchase or lease a site or sites and to lease or erect a building or buildings for the use of the library; (c) To acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph records and other material and equipment deemed necessary by the Board for the maintenance and extension of modern library service; (d) To employ a librarian and such other employees as the Board shat I deem necessary and to remove them and to fix their compensation; (e) To establish and maintain a library or libraries and traveling library service within the city or within any other municipality with which service contract arrangements have been made; (f) To contract with other libraries established under the provisions of Sections 12-1218 to 12-1235, both sections inclusive, of the 1959 Supplement to the General Statutes of 1949, or wi th the governing body of a municipality not maintaining a public library for the furnishing of library service to the inhabitants of such municipality to the extent and upon such terms as may be agreed i upon, and to contract to furnish library service to any school library; CONSOLIDATED-SALINA 1 1 (g) To receive, accept and administer any money appropriated or granted to it by the state or the federal government or any agency thereof for the purpose of aiding or providing I ibrary service; (h) To receive and accept any gift or donation to the library and administer the same in accord- ance with any provisions thereof; (i) To make annual reports to the Kansas Traveling Library Commission and the Governing Body of the city on or before January 31 of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing such statistical information relating to I ibrary materials acquired and on hand, number of I ibrary users, I ibrary services available, and other information of general interest as said Governing Body may require; (j) As to money received from sources other than a tax levy for library purposes, in its dis- cretion, to place such money in a separate fund or funds, or to place the money in the fund to which the tax levy money is credited unless the grantor or donor shall direct how and for what purpose the money shall be handled and spent. (R. O. 1948, 1-902; G. S. 1959 Supp. 12-1225) 15-105. Treasurer of Board: Bond; Duties. The treasurer of the Library Board shall give bond, in an amount fixed by said Board and approved by the Governing Body of the city, for the safekeeping and due disbursement of all funds that may come into his hands as such treasurer. Said bond: shall be filed with the City Clerk. The treasurer of Saline County shall pay over to the treasurer of the Library Board all funds collected for the maintenance of the Library, and the treasurer of ,the Library Board shall pay out said funds on orders of the Board signed by the secretary and chairman thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed by him and make a report thereof to the Li6rbry_Board monthly, or as often as said Board shall require. (R. O. 1948, 1-902; G. S. 1959 Supp. 12-1226, 12-1215) Ref.: Sec. 15-108. 15-106. Use of Library; Rules and Regulations. The library shall be free to the use of the inhabitants of the city, subject always to such reasonable rules and regulations as the Library Board may adopt, and said Board may exclude from the use of said library any and all persons who shall willfully violate such rules, The Library Board may extend the use and privilege of such library to nonresidents of the city and may make exchanges of books with any other library upon such terms and conditions as said Board may from time to time by its regulations prescribe. (G. S. 1959 Supp. 12-1227) 15-107. Penalties as to Library Property Authorized The Governing Body of the city shall have power to pass laws or ordinances imposing suitable penalties for the punishment of injury CONSOLIDATED-SALINA 1 C committed to library buildings or other property and for injury to or failure to return any book or other library material belonging to such library. (G. S. 1959 Supp. 12-1228) Ref.: See Article 2, herein. 15.-108. Budgets and Tax Levies; Duties of Officers. The City of Salina having a population of more than thirty-five thousand (35,000) and less than one hundred twenty thousand (120,000), in addition to the powers and duties conferred by law, the Board of Directors of said free public library shal I prepare, publish and approve an annual budget for the maintenance and support of said free public library in the same manner as required by law applying to other taxing units and shall annually levy a tax, not to exceed one and five -tenths (1 .5) mills on each dollar of the assessed tangible valuation of the property of such city for the maintenance and support of such free public library, to be levied and collected in I ike manner with other taxes, which levy the clerk of such Board of Directors shall on or before August 25, of each year, certify to the County Clerk who is hereby authorized and required to place the same on the tax roll of said county to be collected by the Treasurer of the county and paid over by him to the treasurer of such Board of Directors. (G. S. 1959 Supp. 12-1215) Article 2. Offenses Relating to the Library 15-201. Stealing or Taking Books From 15--202. Failing to Return Books After Notice 15-203. Cutting or Mutilating Books, Etc. 15-204. Penalty 15-205. Copy of Ordinance and Rules to be Posted 1.5-•201 . Stealing or Taking Books From. It shall be unlawful for any person to steal, take and carry away from the public library any book, pamphlet, periodical, paper or other property or take from the free public library of the City of Salina any such book, pamphlet, periodical, paper or other property in any manner except in accordance with the rules made by the Board of Directors of such library. (R. O. 1948, 18-415) 15-202. Failing to Return Books After Notice It shall be unlawful for any person to take, borrow or obtain from the free public library of the City of Salina any book, pamphlet, periodical, paper or other property, and neglect to return the same within two (2) weeks from the date of the mailing by the I ibrarian to such person's address of a notice to return the same, in accordance with the rules of the library. (R. O. 1948, 18-416) CON SOL T_DATED-SALINA 15-203. Cutting or Mutilating Books, Etc It shall be unlawful for any person to will - i fully cut, mutilate, mark, tear, write upon, deface or otherwise injure or destroy, in whole or in part, any book, pamphlet, periodical, map, document, picture or written or engraved or printed paper belonging to the free public library of the City of Salina, or suffer any such injury to be I inflicted while such property is in his custody, or willfully injure or deface any of the furniture I or property in the rooms of the library. (R. O. 1948, 18-417) 15.-204. PenaIN Any person convicted of violating any of the provisions of this article shall be punished by a fine of not to exceed One Hundred Dollars ($100), or by imprisonment for not to exceed three (3) months, or by both such fine and imprisonment. 15-205. Copy of Ordinance and Rules to be Posted A printed copy of Sections 15-201, 15-202 and 15-203 of the rulas of the library, shall be kept posted in a conspicuous place in the reading room of the library. (R. O. 1948, 18-418) 1 CONSOLIDATED-SALINA 1 CHAPTER XVI. LICENSES, FEES AND REGULATIONS Article 1. General Provisions Article 2. Licenses Fees Article 3. Arcades Article 4. Auction Sales Article 5. Junk Dealers Article 6. Loud -Speakers Article 7. Music Machines Article 8. Pawnbrokers and Secondhand Dealers Article 9. Public Vehicles: Licenses in General Article 10. Taxicabs Article 1 I. Solicitors and Canvassers Article 1. General Provisions 16-101. Applications 16-102. Fees Paid to City Clerk; Disposition 16-103. License Issued by City Clerk 16-104. When Fees Due 16-105. New Businesses 16-106. Delinquencies 16-107. License to be Exhibited 16-108. Inspection 16-109. Inspection of License 16-110. Not Transferable; No Refund 16-111. Separate License 16-112. Forfeiture of License 16-113. Interstate Commerce 16-114. Producers and Growers Exempt 16-115. Ex -Service Persons: Six -Month Residence; Free License 16-116. Does Not Affect Other Ordinances CONSOLIDATED-SALINA 1 u 16-117. License Does Not Authorize Law Violation 16-118. No License Until Other Ordinances Complied With 16-114. Penalty 16-120. Recovery of Fee by Suit 16-101. Applications. Any person, firm or corporation engaging in any of the trades, occupations, businesses or professions upon which license fees are levied shall, except when otherwise provided, file an application with the City Clerk of the city, for a license to carry on such trade, occupation, business or profession and such application shall state the following facts: (a) The name and address of the applicant; (b) The nature and location of the business, The application shall be accompanied by the necessary fee. (R. O. 1948, 13-201) 16-102. Fees Paid to City Clerk.; Disposition. License fees levied by this chapter and other provisions of this code shall, except when otherwise provided, be paid to the City Clerk who shall issue receipts therefor, and such fees, with copies of the receipts, shall be turned over to the City Treasurer by the City Clerk. All license fees shall be credited to the General Fund except when another fund is specifically designated by ordinance. 16-103. License Issued by City Clerk. The City Clerk shall issue all licenses, except when otherwise provided, and sign the same and impress the city seal thereon. Licenses shall state the names of the licensee, the purpose for which the license is issued, the place where the trade, occupation, business or profession is to be carried on if the license be for a specific location, shall be dated, shall state the expiration date or the period for which the license shall run, the amount of the fee and such other information as may be appropriate. 16-104. When Fees Due. All license fees levied on an annual or yearly basis, shall be payable on or before January 2 of each calendar year and such licenses shall be deemed to expire on December 31 of each calendar year. All license fees levied on a six (6) month basis shall be paid on or before January 2 and July 1 of each year. All license fees levied on a monthly basis shall be paid on the first day of each calendar month. All license fees levied on a weekly basis, shall be payable on Monday, the first business day of each week. (R. O. 1948, 13-202) 16-105. New Businesses. Any person, firm or corporation entering into a trade, occu- pation, business or profession for which a license is required between license paying dates, shall CONSOLIDATED -SALIVA 1 1 1 immediately apply, pay for and obtain a license on the same basis as tho ugh such person, firm or corporation was engaged in such business on such license paying dates. (R. O. 1948, 13-203) 16-106. Delinquencies. When a licensee continues operating after the license has expired and a new license is not secured within thirty (30) days, a penalty of ten per cent (10%) of the amount of the license fee shall be added and paid and ten per cent (10%) of the amount of the license fee shall be added and paid for each additional thirty (30) days from date of expiration of the old license. (R. O. 1948, 13-204) 16-107. License to be Exhibited. Each license shall be posted in a conspicuous place where such trade, occupation, business or profession is carried on and the holder of such license shall immediately show such license to the License Inspector or Collector or his deputy or any police officer of the city upon being so requested by such Inspector, deputy or officer to do so. (R. O. 1948, 13-205) 16-108. Inspection. All trades, occupations, businesses and professions licensed shall, if regulated, be open and subject to inspection at all reasonable times by the proper officers of the City of Salina, under its police powers, in order for such officer to ascertain that the persons con- ducting trades, occupations, businesses or professions are complying with all of the police and health regulations of the city. (R. O. 1948, 13-206) 16-109. Inspection of License. Any licensed person, including his employees, not having a permanent location, shall carry his license with him and every person shall present his license for inspection when requested to do so by any officer of the City of Salina. (R. O. 1948, 13-207) 16-110. Not Transferable;. No Refund. No license issued hereunder shall be transferable or assignable, and no refund for the unused period of a license shall be made. The licensed trade, occupation, business or profession shall not be transferred from place to place without the consent of the Board of Commissioners. (R. O. 1948, 13-209) 16-111. Separate License. A separate license shall be obtained for each place conducted, operated, maintained or carried on by each person, firm or corporation engaged in any trade, occupation, business or profession for which a license is required. (R. O. 1948, 13-210) 16-112. Forfeiture of License. Where there are regulations by ordinance for trade, occupation, business or profession, pursued, carried on or operated in the City of Salina, any failure by any person, persons, company or corporation to observe such regulations shall, without further action or proceedings of any kind whatsoever, forfeit the license of the person, persons, company or corporations failing to observe such regulations. (R. O. 1948, 13-211) CON SOL IDATED- SALINA �l 1 1 16-113. Interstate Commerce. No provision of this chapter shall be construed to, in any wise, relate to or interfere with the subject of commerce between states as provided by the Constitution of the United States, and as defined and decided by the Supreme Court of the State of Kansas, and it is hereby declared to be the intention not to levy any license fee on any of the interstate business of any licensee. (R. O. 1948, 13-212) 16-114. Producers and Growers Exempt No producer or grower or his agents or employees, selling farm or garden products or fruits grown by him within the State of Kansas, in this city, shall be required to pay any license er fee, and he is hereby exempted from the pay- ment of any such license fee, or the securing of any license. Persons claiming to be exempt under this section shall furnish satisfactory proof of exemption if requested by any police officer. (R. O. 1948, 13-213; G. S. 12-1617; Stone v. City of Wichita, 145 Kan. 377) 16-115. Ex -Service Persons: Six -Month Residence; Free License. All ex -soldiers and sailors of the Spanish-American War, and all ex -soldiers and sailors of World War I and World War II, who served honorably in the military or marine service of the United States, and all persons who served with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and the United Nations or under the flag of the United States alone, and who hold an honorable discharge from such service, issued by the proper officer of the United States, and who shall reside in this city six (6) months previous to the time of which said license is issued, shall be entitled to a license to operate a delivery and baggage wagon, and to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in this city: Provided That said solji'cr or sailor is engaged in operating personally a delivery and baggage wagon owned exclusively by himself. Upon the presentation of his certificate and papers of discharge to the City Clerk, and showing proof of his identity as the person named in his certificate of honorable discharge, and having resided within the city six (6) months previous to the time of issuance of the license, the City Clerk shall issue to said ex -soldier or sailor a license. Such license shall be free. The provisions of this section shall also apply to members of the American Red Cross Nurse Corps who served in World War II or the Korean operation. This license is personal 73-220, to the veteran. He cannot use agents. (R. O. 1948, 13-214; G. S. 1959 Supp. 73-207,/Hair v. City of Humboldt, 133 Kan. 67) 16-116. Does Not Affect Other Ordinances. This chapter shall not be construed so as to amend, modify or repeal many of the rules and regulations of the trades, occupations, business and professions provided for in other ordinances of the city. (R. O. 1948, 13-215) CONSOLIDATED -SALIVA 1 1 16-117. License Does Not Authorize Law Violation. Nothing herein shall be construed as to permit any licensee licensed under the provisions of this code to violate any law of the United States, the State of Kansas or any ordinance of the City of Salina. (R. O. 1948, 13-216) 16-118. No License Until Other Ordinances Complied With. Provisions of other ordi- nances regulating any trade, occupation, business or profession required to pay a license fee and secure a license under this code shall be observed and complied with before any license is issued. (R. O. 1948, 13-217) 16-119. Penalty. Any person, firm or corporation which shall conduct, pursue or carry on, or operate within the limits of the City of Salina, any trade, occupation, business or profession for which a license or the payment of a license fee is required by Article 2 or shall assist, directly or indirectly, in so doing in any manner or any extent, either as owner or pro- prietor or as any officer of any corporation, or as manager, superintendent, agent, servant or employee of any person, firm or corporation, after a license fee should have been paid, or a license obtained to conduct, pursue, carry on or operate such trade, occupation, business or pro- fession shall be deemed to do so unlawfully, and for such violation shall, upon conviction thereof, be fined in any sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100). Each day's violation shall be considered a separate offense. Any person, firm or corporation whether as principal or as agent who shall violate any other provision of this chapter than those immediately above enumerated, shall, upon conviction thereof, be fined in any sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100); and each day's violation will be considered a separate offense. (R. O. 1948, 13-219) 16-120. Recovery of ceby Suit. In addition to the penalty provided in the preceding section, the City of Salina may recover in civil action in any court of competent jurisdiction the amount of the license fee by Article 2 imposed, and no property of such debtor shall be exempt from forced sale under any process of law for such indebtedness except such exemptions as are allowed by the Constitution of this state. (R. O. 1948, 13-220) CONSOLIDATED-SALINA L 1 Article 2. License Fees 16-201. Licenses Required 16-202. License Taxes 16-203. Auctioneers 16-204. Auction Rooms 16-205. Bowling Alleys 16-206. Canvassers 16-207. Fortunetellers; Astrologists; Palmists; Etc. 16-208. Ice Cream Vendors 16-209. Merry -Go -Rounds 16-210. Museums 16-211. Opera Houses; Theaters 16-212. Pawnbrokers 16-213. Pin Ball Games; Marble Table Games; Marble Games; Amusement Devices and Similar Games and Devices 16-214. Photographers, Itinerant 16-215. Sales: Bankrupt; Fire; Receivers; Similar Sales 16-216. Skating Rinks 16-217. Shooting Galleries 16-218. Street Parades 16-219. Vehicle Auctions 16-201. Licenses Required. It shall be unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee: (a) To conduct, pursue, carry on and operate in the City of Salina any of the trades, occu- pations, businesses or professions hereinafter specified in this article without having first paid to the City Clerk a license fee as hereinafter prescribed, and having procured a license from the City Clerk signed by the City Clerk to engage in and carry on such trade, occupation, business or profession. CONSOLIDATED-SALINA 1 1 (b) To fail to comply with all the regulations as provided herein. (R. O. 1948, 13-101) 16-202. License Eees.', The license fees levied in this article shall be in the following amounts upon each of the following trades, occupations, businesses or professions, pursued, con- ducted or carried on by any person, firm, partnership or corporation whether as principal, agent, lessee, licensee, owner or in any other capacity within the city limits of the City of Salina. (R. O. 1948, 13-102) Arcades: See Article 3. 16-203. Auctioneers. Auctioneers, not including the proprietors or managers of auction rooms, Twenty-five Dollars ($25) per year. (R. O. 1948, 13-102) 16-204. Auction Rooms. Operators of auction rooms, Five Hundred Dollars ($500) per year. (R. O. 1948, 13-102) Auction Sales: Article 4. Beer: Chap./�, Art. 2 . 16-205. gnwllng AIH-_ Bowling alleys, Seven Dollars and Fifty Cents ($7.50) per alley, for each six (6) months. (R. O. 1948, 13-102) 16-206. Canvassers. Itinerant or transient canvassers, or book, map or picture agents or salesmen, Ten Dollars ($10) per week. (R. O, 1948, 13-102) Ref.: See Also Article ";. Cereal Malt Beverages: Chap., Art. 2 . Circuses, Carnivals and Tent Shows: See Chap. , Art. 7 Dances, Public: See, Chap. ff , Art. . Electricians: Chap.1' ` , Art. 16-207. Fortunetellers; Astroloaists;. Palmists; Etc. Any person occupied for any time as a fortuneteller, clairvoyant, mind reader, phrenologist, palmist, astrologist or advertising as any of such, Twenty-five Dollars ($25) per day. (R. O. 1948, 13-102) Gas Fitters: Chap.!T/, Art. g 16-208. Ice Cream Vendors. Vendors selling ice cream or soft drinks from vehicles, Ten Dollars ($10) for six (6) months. (R. O. 1948, 13-102) Junk Dealers: Art. < . Loudspeakers: Art. 6. 16-209. Merry -Go -Rounds. Merry-go-rounds, Twenty-five Dollars ($25) per year. (R. O. 1948, 13-102) .! r CONSOLIDATED -SALIVA C 1 16-210. Museums. Museums, for the exhibition of paintings, works of art, or scientific, literary or other curiosities, for pay, Two Dollars ($2) per day, Eight Dollars ($8) per week. (R. O. 1948, 13-102) Music Machines. Art. 7. 16-211. Opera Houses; Theaters. Opera house or theater: (a) With an available seating capacity of five hundred fifty (550) or less, Seventy-five Dollars ($75) per year; (b) With an available seating capacity of five hundred fifty-one (551) to seven hundred fifty (750), both inclusive, One Hundred Dollars ($100) per year; (c) With an available seating capacity of seven hundred fifty-one (751) or more, One Hundred Twenty-five Dollars ($125) per year. (R. O. 1948, 13-102) Ref.: Board of Public Welfare, See Chapter 4. 16-212. Pawnbrokers. Pawnbrokers or loaners of money in pledged security or property, or purchases of personal property granting options of repurchase, One Hundred Fifty Dollars ($150) per year. (R. O. 1948, 13-102) Ref.: See Art. P 16-213. Pin Ball GamesrMarble Table GamegMarble Games:Amusement Devices and Similar Games and Devices. For the operation of any pin ball game, marble table game, marble game, amusement device and similar games and devices, whether operated in whole or in part by hand or by sight or by photo -electric cell, Seventy-five Dollars ($75) per year on each machine operated for any length of time each year. (Ord. 54571, Sec. 1, 2-8-50) 16-214. Photographers, Itinerant. Itinerant or transient photographers soliciting business or taking pictures and selling the same in the city, Fifteen Dollars ($15) per week. (R. O. 1948, 13-102) Plumbers, Chap., Art. 7, Sec, R-714 Pool or Billiard Table, Chap., Art. 4 . Pool Table, Miniature. Chap., Art. 4 Public Vehicles. Art. 9. Shuffle Boards. Chap. I , Art. 4 . 16-215. Sales: Bankrupt: Fire; Receivers; and Similar Sales. Persons selling or offering for sale goods, wares or merchandise known as or advertised or designated to be goods wares or merchandise bought at fire sales, auction sales, manufacturer.'s loss sales, wreckage sales, sheriff's, C ONSOI.IDATED-$ALINA J [F� creditor's, assignee's, consignee's, bankrupt, special bargain or damaged goods' sales, or adver- tised in any manner for the purpose of inducing customers or people to believe that such goods, wares or merchandise will be sold for a price or prices not exceeding the cost of production, or bankrupt or damaged stock of goods not otherwise taxed, Twenty-five Dollars ($25) per day, pay- able in advance. This section shall apply to all stocks of goods that are not assessed or taxed in the City of Salina: EL9yded, That this sectio n shall not apply to goods, wares or merchandise which are actually under the control of the sheriff, or an assignee or trustee in bankruptcy, or to goods, wares or merchandise which have been damaged in the City of Salina, and which are being disposed of in good faith to close out the same. (R. O. 1948, 13-102) 16-216. Skating Rinks. Skating rinks, Fifty Dollars ($50) per year; and no license shall be issued for less than one (1) year. (R. O. 1948, 13-102) 16-217. Shooting Gallery. Shooting gallery, Three Dollars ($3) per day, Twenty-five Dollars ($25) per month, or Fifty Dollars ($50) per year. (R. O. 1948, 1.3-102) Solicitors and Canvassers: Art. 11 . 16-218. Street Parades. _Street parades and all persons walking or driving over the streets of the city, advertising by means of printed banners, signs or streamers or by ringing bells, loud calling or announcenrents intended to attract the attention of people and for the purpose of advertising any entertainment not otherwise named in this article, Three Dollars ($3) for each parade or advertising "stunt." (K. O. 1948, 13-102) Taxicabs and Operators Thereof. Art. 10. Sec, Theaters 116-211. 16-219. Vehicle Auction. Person, firm or corporation, either as principal, officer, agent, servant or employee engaged in the business of selling at auction wholesale new or used automobiles or trucks, Fifty Dollars ($50) for six (6) months, payable on or before January 1 and July 1. (Ord. 5519, 11-17-50) Article 3. Arcades 16-301. ArcadeSDef i ned 16-302. License Required Iii 16-303. License Fees CONSOLIDATED-SALINA I L� FJ Ci 16-304. Term of License 16-305. Clerk to Issue Lice0se, 16-306. Revocation 16-307. Penalty 16-301. Arcades Defined. An arcade is hereby defined as any place or business within the City of Salina wherein twenty-five (25) or more pin ball machines, marble table games, rental table games, amusement devices, shuffle boards, photo -electric cell operated amusement devices, miniature pool tables or any other amusement devices of any kind or type are set up or kept for operation. (R. O. 1948, 13-1601) 16-302. License Required. It shall be unlawful for any person, firm or corporation to operate an arcade, as defined by Section 16-301 of this article, without first having and procuring a license therefor. Each day's operation of an arcade without such a license shall be deemed to be a separate offense. (R. O. 1948, 13-1602) 16-303. License Fees. The license fees for an arcade shall be Three Hundred Fifty Dollars ($350) per calendar year, or any part thereof, plus Ten Dollars ($10) for each machine over twenty-five (25) machines set up or kept for operation therein. (R. O. 1948, 13-1603) 16-304. Term of License. Any license issued for such an arcade shall expire on the following December 31. Such license shall be nom -assignable and no such license shall be issued to a person under twenty-one (21) years of age. (R. O. 1948, 13-1604) 16-305. Clerk to Issue License. The licenses provided for in this article shall be issued by the City Clerk, with the corporate seal of the city affixed thereto, shall recite the number of the license, the name of the person to whom issued, the amount paid therefor and a general des- cription of the machines to be operated in the arcade. (R. O. 1948, 13-1605) 16-306. Revocation. Any license issued pursuant to this article shall be revoked by the City Manager upon conviction of any licensee hereunder of any offense against the ordinances of the City of Salina, the laws of the State of Kansas, excepting minor traffic offenses, or laws of the United States of America. (R. O. 1948, 13-1606) 16-307. Penalty, Any person who shall violate any of the provisions of this article, or any person who fails to perform each duty provided for in this article, shall, upon conviction thereof, be punished by a fine of not less than Ten Dollars ($10) and not more than One Hundred Dollars ($100) and shall be committed to the city jail until such fine and costs of prosecution are paid. (R. O. 1948, 13-1607) CONSOLIDATED-SALINA J Article 4. Auction Sales 16-401. Definitions 16-402. License Required; Exceptions 16-403. Application; Fees 16-404. Inventory Requirements 16-405. Application Contents 16-406. Hours of Auction 16-407. Auctions Prohibited in December; Term of Auction 16-408. Licenses: Two -Year Interval,; Prior Conviction Bar to License 16-409. Bye -Bidding Prohibited 16-410. Where Licensed 16-411. Attendance of Licensee Required 16-412. Additions to Stock Prohibited 16-413. Licenses: Required Period Between; Exceptions 16-414. Requirements of Sale 16-415. Misrepresentation 16-416. Records of Sales; Resales Prohibited 16-417. City Clerk to Issue Licenses; Term of License 16-418. Chief of Police to Enforce Article 16-419. Suspension of License 16-420. Violation; Penalty 16-401. Definitions. (a) Wherever the word "person" is used in this article, the same shall �e deemed to refer and relate to any person, copartnership or member thereof, or corporation or any officer, manager or employee thereof. (b) Wherever the word "auction" is used in said article, the same shall be deemed to refer and relate to a public auction to which as a whole is invited or is allowed to attend or bid and said word "auction" shall not be deemed to refer and relate to a private auction to which only certain persons and/or a certain class of persons are permitted to be present, bid for and purchase merchandise. (Ord. 5517, Sec. 1, 10-30-50) CON;OLIDATED-SALINA CJ J 1 16-402. License Required; Exceptions. It shall be unlawful for any person to engage in the business, calling, trade or occupation of operating or conducting a sale by auction of any new or unused merchandise in the City of Salina, including gold, silver, plated ware, precious or semi- precious stones, watches, clocks or any other jewelry, furniture, men's or women's clothing or other merchandise of any kind, or new or used automobiles, except such judicial sales as may be held accord- ing to law under the order of some court of competent jurisdiction, or except a sale by virtue of a genuine and bona fide chattel mortgage which has been given to secure a genuine and bona fide debt which is actually in default, unless the person conducting or operating such auction sale shall first pay the license fee and secure a license therefor as hereinafter provided for and comply with all of the provisions and regulations relating to and regulating the securing of such a license and the con- ducting of such an auction sale as in this article provided for. (R. O. 1948, 13-302) 16-403. Application:, Fees. No license as herein required and provided for shall be issued by the City Clerk until the applicant therefor shall file with the City Clerk an application as herein- after provided for and a true and correct detailed inventory of the merchandise proposed to be sold at such auction sale, as hereinafter required, and shall deposit with the City Clerk a license fee of Fifty Dollars ($50) which fee, when any license shall be issued pursuant to such application, shall, subject to the restrictions hereinafter set forth, permit the licensee in any such license to conduct and operate such auction sale for a period of thirty (30) days after the date of the issuance of such license: Provided, That no license shall be issued upon any such application until after such application has been on file in the office of the City Clerk for a period of forty (40) days. (R. O. 1948, 13-303) 16-404. Inventory Requirements. The applicant for such a license shall file with his application a true and correct detailed inventory, listing the articles proposed to be sold at said sale by auction and shall cause such articles described in said inventory to be given a number. He shall also set forth opposite the descriptions of such articles in said inventory and before presenting the same the actual cost price thereof to him. The applicant thereof shall duly verify the said application by his personal oath or affirmation. In case the license is granted, the licensee must, before the beginning of such auction sale, attach to such articles a card or ticket with the said number of said articles endorsed thereon, so that the number of said articles described and set opposite the descrip- tion of the separate articles will correspond with the code or ticket number aforesaid. (R. O. 1948, 13-304) 1 CONSOLIDATED-SALINA ing: 16-405, App licntinn CnntPnjS The application for such a license shall set forth the follow - (a) The name, residence address and business address of the applicant; (b) The character of business applicant has been engaged in during the two (2) years prior to the application; (c) Whether the proposed auction is to be held at the applicant's existing regularly established place of business, and wherein his regular business has been operated for at least one (1) year prior to the application; (d) The name and address of each person who will participate in conducting the said sale by auction; (e) Whether the applicant will be present at and ii,, continuous attendance at said proposed sale by auction; (f) Whether any additions to the stock of merchandise proposed to be sold at said sale by auction have been made within a period of forty (40) days prior to the day of said application, and if so he shall furnish a separate inventory thereof containing all details as in the regular inventory required; (g) Whether, after filing said application and until the end of said sale by auction, applicant will make any additions or permit any additions to be made to the said stock of merchandise described in the required inventory; (h) Whether he has conducted or caused to be held any sales by auction within a period of five (5) years prior to said application and, if so, when and where; (i) Whether applicant has owned or conducted within one (1) year prior to the said application any other store or place of business than the one mentioned as his regular place of business in the application, and, if so, where such store or stores or place or places of business were located and the character of business operated in each; (j) He shall state whether he will himself, and whether he will require all others participating in the conducting of said proposed sale by auctior3 to truly and correctly represent at all times to all persons attending such auction the actual facts in respect to quality; (k) Whether he has attached to said application a true and correct detailed inventory of the stock or goods, wares and merchandise proposed to be sold at said sale by auction. Whether he caused the articles in said inventory to be given a number and whether he has set forth opposite said articles the actual cost price thereof to him, and whether he agrees in case a license is granted, to attach to said articles a card or ticket with the number of said articles endorsed thereon corresponding to the inventory number; CONSOLIDA?ED-SALINA �I L 1 ( I ) Whether the applicant or any person he proposes to use as auctioneer or other employee at the proposed auction sale has been convicted of any violation of any section of this article within two (2) years prior to said application; (m) Whether the applicant or any person he proposes to use as auctioneer or other employee at the proposed auction sale will in all respects comply with all of the provisions and requirements of this article relating to the conduct of any such auction sale. (R. O. 1948, 13-305) 16-406. Hours of Auction. No such auction sale shall be held nor shall the place where any such auction sale is being held be open for business between the hours of six (6) o'clock in the evening and eight (8) o'clock the following morning under any circumstances, and no license shall permit such opening or the sale of merchandise at such place of business between such hours. (R. O. 1948, 13-306) 16-407. Auctions Prohibited in December; Term of Auction. No sale by auction to which this article relates shall be held or licensed to be held in the month of December, and no such sale by auction shall be licensed or permitted to be held for a period of more than thirty (30) days, Sundays and legal holidays excepted. Said thirty (30) days shall be consecutive except as to Sundays and legal holidays and except any part of the month of December, from December 1 to December 31 , inclusive. (R. O. 1948, 13-307) 16-408. Licenses: Two -Year Interval;. Prior Conviction Bar to License. No license for any such sale by auction shall, under any circumstances, be granted to any person, firm or corporation or to any agent or affiliate of or assignee of, or to any person acting for any such person, firm or corporation, within a period of two (2) years after the termination of such sale by auction, in the City of Salina, by any such person, firm or corporation, held or conducted under the provisions of this article, or otherwise. No person who has been convicted of violating any of the provisions of this article shall be granted a license or act as an auctioneer or be employed in any manner at or in connection with any sale by auction licensed or held under the provisions of this article, or to which this article relates, for a period of two (2) years after such conviction. (R. O. 1948, 13-308) 16-409. fie -Bidding Prohibited. No person to whom any such license is issued, or any auctioneer at any such auction sale, nor any person employed by such licensee or having any connection of any kind with such auction sale, shall bid for any merchandise offered for sale at any such auction, and no person shall act at any such auction sale as a bye -bidder, or what is commonly known as a "capper," "booster" or "shiIler" or offer to make any false bid, or offer any false bid to buy or pretend to buy any article sold or offered at any such sale by auction. (R. O. 1948, 13-309) CONSOLIDATED-SALYNA 1 1 1 16-410. Where Licensed. No such sale by auction shall be licensed or permitted, except it be held at the existing regularly established place of business of the applicant for such license, and at the place wherein the regular business of such applicant has been operated for a period of at least one (1) year prior to the filing of the application. (R. O. 1948, 13-310) 16-411. Attendance of Licensee Required. Whenever any such licensed sale by auction is being conducted, the person to whom the license has been granted or if the licensee is a partnership, one of the members thereof, or if a corporation, one of the officers thereof, shall remain in continuous attendance at all times while such sale by auction is being conducted, and shall be responsible for any violation of any of the provisions of this article. (R. O. 1948, 13-311 ) 16-412. Additions to Stock Prohibited. During any such sale by auction no additions what - soever shall be made to the stock of merchandise set forth in the inventory attached to the applica- tion for license, and nothing shall be offered for sale or sold at any such sale by auction which is not described in or which is an addition the stock of merchandise described in said inventory, or which has been added to the applicant's stock within a period of forty (40) days prior to the date of the filing of the application for such license. (R. O. 1948, 13-312) 16-413. Licenses: Required Period Between; Exceptions_ No license shall be granted for any such sale by auctio n if it appears that the applicant or agent, affiliate or assignee of the applicant or other person for him, has within a period of two (2) years prior to the date of the filing of the appli- cation conducted a similar sale by auction in the City of Salina, either under the provisions of this article or other ordinance, and either in the same place of business or at any other place within the City of Salina: Provided, That this section shall not apply to a duly licensed auctioneer who has a duly established and licensed auction room which operated under the provisions of any other ordinance of the City of Salina. (R. O. 1948, 13-313) 16-414. Requirements of Sale. At all such sales by auction, the applicant and all persons participating in the conducting of said sale by auction shall truly and correctly report at all times to the public attending such auction the actual facts in respect to the quality of the merchandise offered for sale. (R. O. 1948, 13-314) 16-415. Misrepresentation. No person shall sell or offer for sale at any sale by auction any goods, wares or merchandise which has been falsely described, or concerning which any untruthful statement has been made as to character, quality, kind or description, either in the application for license and the inventory attached thereto, or during the continuance of such auction sale. (R. O. 1948, 13-315) CONSOLIDATED-SALINA 1 u 16-416. Records of Sale; Resales Prohibited. The licensee who shall conduct any such auction sale or any auctioneer or other person or employee of such licensee, shall keep a true and correct record of all articles of merchandise sold at any such auction, and no article which has once been sold at such auction sale shall again be sold or offered for sale at the same auction sale. (R. O. 1948, 13-316) 16-417. City Clerk to Issue License; Term of License. If, during the period of forty (40) days following the filing of the application for a license as required by this article, it has not been made to appear to the City Clerk or to the Board of Commissioners of said city that any of the state- ments made in the application for a license are false, and if the statements contained in said application and as sworn to by the applicant entitles the applicant to a license under the provisions of this article, the City Clerk shall issue to such applicant the license to conduct such a sale by auction of the mer- chandise described in the inventory attached to his application for a period not to exceed thirty (30) consecutive days, exclusive of Sundays and legal holidays and exclusive of any part of the month of December. (R. O. 1948, 13-317) 16-418. Chief of Police to Enforce Article. It shall be the duty of the Chief of Police of the City of Salina, or of any other officer or employee of the city assigned to such duty by the City Manager or by the Chief of Police to inspect and investigate any and every stock or stocks of mer- chandise which is the subject of any application for an auction sale as provided herein or which is being sold at any auction sale licensed under the provisions of this article and report to the City Mana- ger whether or not the provisions of this article are being complied with, with respect to the mer- chandise licensed to be so Id, or being offered for sale, or with regard to fraud or deception, or fraudu- lent and false statements or advertising. (R. O. 1948, 13-3118) 16-419. Suspension of License. The City Manager of the City of Salina is hereby vested with authority to temporarily suspend the issuance of any license for sale by auction whenever he may believe that any of the provisions of this article have been or are being violated, and thereupon appropriate proceedings shall be instituted forthwith in the Police Court of said city for the alleged violation of any of the provisions of this article, and in the event said proceedings result in the con- viction of the licensee or of any auctioneer or employee of said licensee or any person engaged in or about the conduct of such auction sale, the said license shall become permanently null and void, otherwise the suspension shall be at an end and the license thereupon restored and said sale by auction may proceed until it has been open for an aggregate of thirty (30) days but such auction shall not proceed at any time during the month of December, but may proceed after December 31 to complete the thirty (30) days authorized by such license. (R. O. 1948, 13-319) CONSOLIDATED -SALIVA 1 16-420. Violation; Penalty, Any person who shall violate any of the provisions of this article, who shall operate or continue to operate any sale by auction as referred to in this article while the suspension of any license issued under previous ordinance is in effect, or after the same shall have been revoked and held null and void asherein provided for, shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each violation, and shall be imprisoned in the city jail until any such fine and costs are paid: Provided, That each violation and each day of any violation of any provision of this article shall conSi'itute a separate offense. (R. O. 1948, 13-320) Article 5. Junk Dealers 16-501. Junk Defined 16-502. License Required 16-503. Application 16-504. Definitions 16-505. License Fees 16-506. Each Vehicle Licensed 16-507. Additional Licenses 16-508. Storage Regulations 16-509. Revocation of License 16-510. Daily Report of Purchases to Police Department 16-511. Violation; Penalty 16-501. Junk Defined_ "Junk" is hereby defined to be old iron, lead, brass, steel, copper or other metals, wires, cables, rags or bagging, rope, rubber, bones, paper, bottles and other and similar old materials and old machinery and old automobiles or parts thereof. (R. O. 1948, 13-801) 16-502. License Required. It shall be unlawful for any person, firm or corporation to carry on a business of buying, selling, collecting, trading, exchanging or otherwise dealing in junk as herein hGVs�i defined without/first obtained a license to do so and having paid a license fee therefor as hereinafter provided. (R. O. 1948, 13-802) 16-503. Application. Any person, firm or corporation desiring any such license shall make application in writing to the City Clerk which application shall set forth the full name of the applicant cONSOLMATE"ALDFA 1 1 together with his residence address and if a dealer, the location at which such junk is to be kept or stored and the applicant shall not keep or store junk in any other location in said city. Any such application shall be submitted to the Board of Commissioners and if the Board of Commissioners approve such application and location, may order the issuance of a license upon payment of license fee as herein required. (R. O. 1948, 13-803) 16-504. Definitions. The word "person", when used in this article, shall mean any person, firm, corporation or association or any agent, officer, member or employee thereof, and those governed by this article, and of whom licenses shall be required as provided for herein, shall be classified and defined as follows: (a) JurLk Dwl�ra. Any person or persons, who engage in the City of Salina in buying, collect - ing, trading in, exchanging or otherwise dealing in junk as herein defined, and shipping, selling or otherwise disposing of the same in truckload or carload lots, and who conduct such business at or from any yard or place in the City of Salina where such junk, while owned or held by such person, is kept or stored: Provided, That the term "junk dealer" as herein used, shall not include any person classi- fied as an "automobile junk dealer" or as an "automobile junk parts dealer" as hereinafter defined. (b) Junk Beers Any person or persons who engage in the City of Salina in buying, collecting, trading in, exchanging or otherwise dealing in junk as herein defined, and shipping, selling or other- wise disposing of the same in truckload or carload lots, but who do not have in the City of Salina any yard or place from which such business is conducted: PMyjded" That the term "junk buyer" as herein used shall not include any person classified as an "automobile junk dealer" or as an "automobile junk parts dealer" as hereinafter defined. (c) Jynk Colle_ter Any person or persons who engage in the City of Salina in buying, collect- ing, trading in, exchanging or otherwise dealing in junk as herein defined, for resale within the city, who do not have or maintain any yard or other place in the City of Salina from which such business is conducted, and who do not sell, ship or otherwise dispose of such junk outside of the City of Salina: Provided" That the term "junk collector" as used herein shall not include any person classified as an"automobile junk dealer" or as an "automobile junk parts dealer" as herein defined. (d) Pa_Per_Junk DeaLQrs,, Any person or persons who engage in the City of Salina in buying, selling or collecting old paper, cardboard or pasteboard boxes, rags, bagging or other or similar materials, or baling the same at any place in the City of Salina. CONSOLIDATED -SAUNA �� I 1 1 (e) Automobile Junk Dealers Any person or persons who engage in the City of Salina in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof for the purpose of wrecking, dismantling or junking such old automobiles or parts thereof, except old batteries, old tires or other old automobile parts which are purchased separately from the automobiles from which they were removed, or dealing in old automobiles for any purpose other than as vehicles, and who conduct such business at or from any place in the City of Salina where any such old automobiles or parts thereof are wrecked, dismantled, junked, kept or stored: Pro--�: That this section shall not apply to regular dealers in new or secondhand automobiles, who may as an incident to their regular business engage in selling or dealing in old automobiles. (f) ,automobile Junk Parts Dealers Any person or persons who engage in the City of Salina in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof, except old batteries, old tires or other old automobiles parts which are purchased separately from the automobiles from which they were removed, or dealing in old automobiles for any purpose other than for use as vehicles, who do not engage in the business of wrecking, dismantling, junking or storing such old automobiles or parts thereof within the City of Salina, but who engage in the business of selling parts from such wrecked, dismantled or junked automobiles at or from any store, yard or other place in the City of Salina. (R. O. 1948, 13-804) 6-505. License Fees. The fees for such licenses shall be as follows: (a) For junk dealers, One Hundred Fifty Dollars ($150) per year; (b) For junk buyers, Twenty-five Dollars ($25) per year; (c) For junk collectors, One Dollar ($i ) per year; (d) For paper junk dealers, Ten Dollars ($10) per year; (e) For automobile junk dealers, One Hundred Fifty Dollars ($150) per year; (f) For automobile junk parts dealers, Fifty Dollars ($50) per year: Provided, That any person who shall pay any license fee as hereinabove provided for, shall, without paying any additional license, be entitled to engage in any other business as provided for in this article for which the same or a lesser fee is provided for herein. All such license fees shall be payable in advance and all licenses issued hereunder shall expire on the last day of December next after the same are issued, and no licenses shall be issued for less than a whole year or for the remaining portion of the year after such license is issued: Provided, That any license issued prior to July 1 in any year, shall require the payment of a license fee for a CONSOLIDATED -SALIVA 1 1 1 full year, and any license issued after July 1 in any year, shall require the payment of one-half of the annual license fee herein provided for, for the remaining portion of such year. (R. O. 1948, 13-805) 16-506. Each Vehicle Licensed A junk collector's license as provided for herein shall be required for each wagon or vehicle used for the collection of junk. (R. O. 1948, 13-806) 16-507. Additional Licenses. No junk dealer, junk buyer, automobile junk dealer or auto- mobile junk parts dealer shall operate more than one yard or place of business under one license, but shall secure additional license for each yard or place of business operated by him: Provided• That no license shall be required of any such dealer for the operation of a separate store, or place of business where individual parts taken from any junk automobile are sold as parts and n of as junk. (R. O. 1948, 13-807) 16-508. Storage Regulations. All places where any junk as herein defined is kept or stored together with all junk therein, shall at all times be kept in a sanitary condition and open to the inspection of any police or sanitary officer of the City of Salina and no junk dealer, junk buyer, auto- mobile junk dealer or automobile junk parts dealer shall expose or permit to be exposed to public view any junk kept or stored by him, but shall cause all such junk kept or stored by him to be kept either in a permanent building, or behind a board fence not less than five (5) feet in height, which fence shall at all times be well painted and in good repair: Prc, That in any yard or place in which junk is kept or stored and which was located at the time of the adoption of Ordinance No. 3188, being the zoning ordinance of the City of Salina, in any district defined by said ordinance as a commercial or residential district, or which may be located on property taken into the city limits of said city after the establishment of any junk thereon and which upon its inclusion within the city limits become a part of any commercial or residential district as defined by said zoning ordinance, no junk shall be kept or stored and no such fence shall be erected nearer than fifty (50) feet to the line of any street or avenue upon which such yard or place abuts. (R. O. 1948, 13-808) 16-509. Revocation of License. Any license issued hereunder may be revoked by the Board of Commissioners upon conviction of the licensee or any agent, employee or officer of any licensee of the violation of any provision of this article, or of any ordinance or law relating to the purchase or possession of stolen property, and may be suspended pending the hearing of any such charge prior to conviction. (R. O. 19481 13-809) 1 1 CONSOLIDATED -SALIVA 16-510. Daily Report of Purchases to Police Department Every junk dealer or automobile junk dealer shall make a list of every article or group of articles purchased by him which list shall con- tain a description of the articles purchased, sufficient to identify the same, and the name of the person from whom the same were purchased and date and hour of purchase and shall furnish a true and correct copy of such list, signed by such purchaser with the Chief of Police of the City of Salina, before noon of each day covering the articles purchased during the preceding day. In case of any automobile or piece of machinery bearing, on which is by law required to bear a motor or serial number, such motor or serial number or both if such automobile or piece of machinery has or is required to have both, shall be shown, and if any such motor or serial number shall be defaced or erased, such fact shall be shown on such report and it shall be unlawful for any person, firm or corporation purchasing any such article to sell the same or to remove the same from the location at which it may be stored or kept, or to tear down or remove parts therefrom, until the same has been in his possession for at least forty-eight (48) hours. (R. O. 1948, 13-810) 16-511. Violation: Penalty Any person, firm or corporation, or any employee, agent, officer or member thereof, who shall violate any of the provisions of this article, or who shall permit or direct the violation thereof by any employee or agent, or who shall conduct any business defined herein without securing a license and paying the license fee therefor, or who shall conduct or carry on such business after any such license shall be revoked or suspended, shall be deemed guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine in any sum not less than Twenty- _ , •; five Dollars ($25) nor more than One Hundred Dollars ($100), or by imprisonment/, for each offense, and each day's continued violation of any provision of this article shall be deemed to be .a separate offense. (R. O. 1948, 13-811 ) Article 6. Loud -Sneakers 16-601. Advertising; Announcing; License Required 16-602. License Fee: Amount 16-603. Operations Prohibited, Certain Hours 16-604. Violation; Penalty 16-601. Advertising; AnnouncinLicense Required. There is hereby levied a license fee upon every person, firm or corporation who shall, within the City of Salina, conduct, pursue, carry I on or operate the calling, trade or occupation 4 advertising or announcing by means of any loud- CONSOLIDATED-$ALINA 1 1 1 speaker, radio or phonograph device, either in or attached to any automobile or other vehicle i operated on the streets of said city or from any stationary location on private property by which the sound of such advertisement or announcements, either in the form of music, voice or otherwise by any of the means aforesaid, is projected into any public street, for the purpose of calling attention to i persons in such public street or elsewhere the advertisement or announcement projected from or by means of any such device. (R. O. 1948, 13-1401 16-602. License Fee: Amount_ The license fee levied and provided for under the provision of the preceding section shall be in the sum of Three Dollars ($3) per day for each loud -speaker, radio or phonograph device from which such advertisement or announcement is projected, and it shall be unlawful for any person, firm or corporation to use any such device within the City of Salina and upon the public streets thereof or adjacent to any such public street until such person, firm or corporation shall have applied to the City Clerk for such license, and shall pay the license fee provided for herein and shall have received a license from the City Clerk to conduct, pursue, carry on or operate within the city, for the time for which such license fee is paid, such calling, trade or occupation. (R. O. 1948, 13-1402) 16-603. Operations Prohibited, Certain Hours_ It shall be unlawful for any person, firm or corporation to use or operate any such device as mentioned in Section 16-601 of this article, within the City of Salina, at any time after the hour of nine (9) o'clock p.m. and earlier than the hour of eight (8) o'clock a.m. in any day, and no license issued under the provisions of this article shall be deemed to permit the use thereof during any of the time when such use is prohibited by the provisions of this section. (R. O. 1948, 13-1403) 16-604. Violation; Penalty, Any person, firm or corporation or any agent, manager, employee or officer or member thereof who shall violate or shall cause, permit or direct the violation of any of the provisions of this article shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than Five Dollars ($5) nor more than Ten Dollars ($10) for each offense and each occasion upon which any such violation shall occur shall be deemed a separate offense. (R. O. 1948, 13-1404) CONSOLIDATED -SALIVA 1 C 1 Article 7. Music Machines 16-701. License 17-702. Regulations 17-703. Definitions 16-704. Pe na I ty 16-701. License. It shall be unlawful for any person to maintain or operate or permit to be maintained or operated within the City of Salina, either as principal, agent, lessee, licensee, owner or in any other capacity, any music playing machine or device operated by depositing coins or tokens, without first having secured a license from the City Clerk to engage in such business, trade or occupa- tion, and for the keeping, maintaining and operating of any such device and without first having paid to the City of Salina the license itt therefor as herein provided for. There is hereby levied on every such person a license+Mof Seven Dollars and Fifty Cents ($7.50) per each six (6) months for each such machine or device operating and/or playing one or more records with a coin or coins of the value of more than one cent 00 or with any token, and Two Dollars and Fifty Cents ($2.50) per each six (6) months for each such machine or device operating and/or playing one record with a one cent (10 coin. Such license fee shall be payable at the time such license is issued and every license herein provided for expires on the next succeeding July 1 or December 31 in the year in which it is issued. Every license shall show the name of the licensee, a description of the machine and the location at which the machine is kept and shall not be transferable from one licensee to another or from one location to another, but may be transferred from one machine to another while operated by the licensee at the same location. (R. O. 1948, 13-901) 16-702. Regulations. It shall be unlawful for any person licensed to operate any music playing machine or device as provided for in this article or owning, maintaining or operating any place of business where any such music playing machine or device is kept, used or operated to play or permit the playing on or by any such machine or device, by means of records, rolls or otherwise, any obscene or indecent music or words. (R. O. 1948, 13-902) 16-703. Definitions. Whenever in this article the term "person" is used, it shall be deemed to refer to any corporation, copartnership, or member thereof, or any agent, representative, officer or employee of any person, corporation or copartnership. (R. O. 1948, 13-903) 16-704. Penalty Any person who shal I violate any of the provisions of this article or who shall fail to comply with any of the requirements or provisions hereof, shall be deemed guilty of a CONSOLIDATED-SALINA u misdemeanor and for each offense shall be punished by a fine of not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100), or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment, and each day upon which any violation shall continue shall be deemed a separate offense. (R. O. 1948, 13-904) LYM'. R M.I . . . . . ROM 16-801. Shall Keep Record 16-802. Record Open for Inspection 16-803. Shall Not Purchase of Person Under 16 Years of Age or Sto len Property 16-804. Shall Keep In Plain View 16-805. Penalty 16-806. Additional Penalty Ref.: License Fee, Sec. /6--2-1.2 , NOTE: G. S. 13-423, 13-424; 110 Kan. 127, 137 Kan. 797. 16-801. Shall Keep Record. Every pawnbroker and every buyer of secondhand or old gold or silver or diamonds or other secondhand jewelry, shall keep at his place of business a register in which he shall enter in writing, a minute description of all property taken, purchased or received by him in the conduct of his said business (including any number that may be in or upon any article), together with the time of the purchase and the name and place of residence (giving street and number, if within city), or the person selling or leaving said property; also the amount paid for such property or loaned thereon. He shall make such entries within one (1) hour after the purchase of said property, and such entries shall be made in ink and shall not in any manner be erased, obliterated or defaced. It shall be the further duty of every such dealer or buyer to make out and deliver to the Police Depart- ment of the city, every day before the hour of twelve (12) m. a legible and correct copy from said register, of all property received or purchased during the preceding twenty-four (24) hours, and a good description of the person or persons from whom the same were purchased. (R. O. 1948, 13-1001) 16-802. Record Open for Inspection. Such register shall at all times be kept open to the inspection of the Commissioners, City Manager and the Police Department. Such dealer or buyer CONSOLIDATED-$ALINA 1 1 1 shall, upon request, exhibit to any such officer for inspection any article or articles so purchased or received by him. (R. O. 1948, 13-1002) 16-803. Shal I Not Purchase of Person Under 16 Years of Age or Stglen Property— No such dealer or buyer shall purchase or receive any such article or property of person or persons under the age of sixteen (16) years, nor buy or purchase any stolen property which he may from any cause have reason to believe or suspect cannot be rightfully or lawfully sold by the person so offering it for sale. (R. 0. 1948, 13-1003) 16-804. Shall Keep in Plain View Every such buyer or dealer shall keep in plain view of the public in some conspicuous place, for a period of at least three (3) days from the date and time of purchase or receiving same, all articles so purchased or received. (R. O. 1948, 13-1004) 16-805. Penalty Any such dealer or buyer who shall violate, fail, neglect or refuse to comply with any of the provisions, regulations or requirements of this article, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100). (R. O. 1948, 13-1005) 16-806. Additional Penalty. In addition to the penalty provided for in Section 16-805 of this article, any such dealer or pawnbroker, licensed under the terms of any ordinance of the City of Salina, that violates, fails, neglects or refuses to comply with the terms of this article shall forfeit such license upon hearing before the Board of Commissioners after five (5) days' notice duly given of the time and place of such hearing. (R. O. 1948, 13-1006) Article 9. Public Vehicles: Licenses in General 16-901. License Required 16-902. Clerk to Issue License 16-903. License Fees 16-904. Term of License 16-905. Articles Left in Vehicle 16-906. Penalty 16-907. Metal License Plates to be Furnished 16-908. License Plate Displayed CONSOLIDATED-SALIMA 1 11 1 16-909. Changing License Plate from One Vehicle to Another; License Revoked 16-910. Violation of Sections 16-907, 16-908, 16-909; Penalty. Ref.: Taxicabs, Art. 10 . 16-901. License Required. It shall be unlawful for any person, firm or corporation to run, use or drive upon the public streets and thoroughfares of the City of Salina, any coach, automobile, transfer wagon, express wagon, dray or wagon or vehicle of any kind or description used for carrrying, conveying or transporting of baggage, goods, wares or merchandise within said city for pay, without first having and procuring a license therefor, as in this article provided: Prov1ded That the pro- visions of this article shall not apply to vehicles kept and used solely in the prosecution of the retail business, or to merchants using their own wagons or vehicles for the delivery of goods sold by them in the ordinary course of their business in said city. (R. O. 1948, 13-1201) 16-902. Clerk to Issue License. The license provided for in this article shall be issued by the City Clerk, and shall be signed by the City Manager and Clerk, with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license, a description of the vehicle licensed and the character of the business in which it is to engage; but no license shall be issued until the person applying therefor shall furnish to and file with the Clerk the receipt of the City Treasurer showing the payment of the amount required by this article to be paid for any such license. (R. O. 1948, 13-1202) fo I I ows: 16-903. License Fees. The fees to be paid for a license under -Section 16-901 shall be as For any vehicle used in the City of Salina in the business of transporting for hire therein any goods, wares, merchandise, baggage, parcels, furniture or other thing or property of any kind or nature whatsoever, Fifteen Dollars ($15) per year, or any portion thereof, for each such vehicle: Provided That any person licensing more than two (2) such vehicles under this subsection owned and operated by him shall pay at the rate of Ten Dollars ($10) per year for each such vehicle over and above two (2) such vehicles. (R. O. 1948, 13-1203) 16-904. Term of License No license shall be issued under this article for a less sum than the respective annual rates specified in Section 16-903, hereof, and every such license, when issued, shall expire the following December 31. All such licenses shall be nonassignable, but the same may be CONSOLIDATED-SALINA 1 revoked by the Board of Commissioners upon the conviction of t`ie licensee of having violated any of the provisions of this article. No license si-LalI be granted to )ny person under eig'.hteen (18) years of age. (R. O. 1943, 13-1:204) 16-905. Articles Left in Vehicle. Whenever any o-ickcige or article of baggage or goods or merchandise of any kind shall be left by the owner in or on any licensed vehicle, or when such package or article shall be left in the custody of the driver or chauffeur of any such vehicle, such driver or chauffeur shall, upon the discovery of such package or article, forthwith deliver the some to police headquarters, unless such package or article shall be sooner delivered to the owner thereof. (R. O. 1948, 13-1205) 16-906. Penalty. It shall be unlawful for any person to do any of the things hereinbefore prohibited, or to fail to do any of the things hereinbefore commanded to be done in this article; and any person who shall drive, propel or run any of the vehicles named in this article used for carriage of goods or merchandise for pay without first procuring a license therefor, as in this article provided, or who shall violate any of the provisions of this article for which a penalty is not hereinbefore prescribed, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof,, be fined in any sum not exceeding One Hundred Dollars ($100) for each offense. (R. O. 1948, 13-1206) 16-907. Metal License Plates to be Furnished. Whenever under any ordinance of the City of Salina a license fee is required to be paid by the person owning or operating any vehicle for hire, including drays, transfer wagons, trucks and other similar vehicles, the City Clerk shall, upon payment of any such license fee, furnish to the person paying the same a metal license plate, which shall be fastened securely in some conspicuous place on the outside of the front or right side of the vehicle for which such license fee was paid. (R. O. 1948, 13-1207) 16-908. License Plate Dismayed. It shall be unlawful for any person, firm or corporation to own or to operate on the streets of the City of Salina any vehicle for which a license fee is required by this article without displaying thereon in the manner provided in Section 16-907 of this article the metal license plate mentioned in such section. (R. O. 1948, 13-1208) 16-909. Chanaina License Plate from One Vehicle to Another-; License Revoked It shall be unlawful for any person, firm or corporation to display on any vehicle any license plate issued by the City Clerk upon the payment of the license fee for any other vehicle. If any such license plate issued for one vehicle is used upon any other vehicle, the license covering the vehicle for which such license plate was issued shall be revoked and no license shall thereafter during the same year be issued CONSOLIDATED-SALRiA for such vehicle, and it shall be unlawful to drive or operate any such vehicle on the streets of the City of Salina for hire after any such license is revoked and before a new license is issued therefor. I I (R. O. 1948, 13-1209) 16-910. Violation of Sections 16-907, 16-908, 16-909; Penalt�e In addition to any other I penalty herein provided, any person, firm or corporation who shall violate any of the provisions of I Sections 16-907, 16-908 and 16-909 shall be deemed guilty of a misdemeanor and shall, upon convic- tion thereof, be fined in any sum not less than Ten Dollars ($10) nor more than Fifty Dollars ($50) for each offense. (R. O. 1948, 13-1210) I Article 10, Taxicabs 16-1001. Definitions 16-1002. License Required 16-1003. Application; Title Certificate 16-1004. Conditions of License; Transfer 16-1005. License Approved by Board of Commissioners 16-1006. Insurance Required 16-1007. Inspection of Taxicabs; Maintenance; Suspension by Inspector i 16-1008. Inspection Fees 16-1009. Clerk to Issue License; Signature; Register 16-1010. License Fee; Revocation; Age of Licensee 16-1011. Maintenance of Taxicabs 16-1012. License: Posting; Inspection; Identification 16-1013. Drivers License; Application 16-1014. Investigation of Applicant by Police; Moral and Physical Requirements 16-1015. Expiration; Renewal I 16-1016. Drivers Identification Card I CONSOLIDATED-SALINA 1 1 1 16-1017. Display of Identification Card 16-1018. Identification Card: Duplicate 16-1019. Revocation; Suspension of Drivers License 16-1020. Specifications for Taxicabs 16-1021. Appointment of Manager 16-1022. Single Firm 16-1023. Cruising Prohibited 16-1024. Maintaining Telephone on Public 16-1035. Streets Prohibited 16-1025. Taxicab Rates 16-1026. Seating Capacity 16-1027. Taximeters: Approval; Receipts 16-1028. Taximeters: Incorrect 16-1029. Taximeters or Speedometers: Lighted at Night 16-1030. Meters Kept in Working Order 16-1031. Taximeters: Signals 16-1032. Inspection Test and Seal Meters 16-1033. Refusal to Pay Fare 16-1034. Weddings and Funerals 16-1035. Taxicab for Immoral Purposes or Transportation of Liquor 16-1036. License Suspended or Revoked 16-1037. Driver Guilty; Penalty 16-1038. Terms of Article; Apply to Owner, Agent, Etc. 16-1039. Violations, Owners and Operators, Penalty NOTE: G. S. 13-412, 13-413; 96 Kan. 820; 106 Kan. 867; 109 Kan. 796; 140 Kan. 129; 140 Kan. 451; 141 Kan. 697. 16-1001. Definitions. Whenever used in this article, the following terms shall be respectively defined as follows: CONSOLIDATED-SALINA 1 1 N 1 (a) The word "street" shall mean and include every public street, alley, avenue, road, highway, thoroughfare or public place in the City of Salina; (b) The word "taxicab" as used herein shall include every and all motor vehicles carrying passengers for hire for which a charge is made and for which public patronage is solicited: Provided, That motor buses operating under a franchise from the city or operating under authority and jurisdiction of the State Corporation Commission shall not be termed taxicabs within the meaning hereof; (c) "Person" and/or "persons" shall mean and include any person, firm,corporation, association or copartnership; (d) "Taximeter" shall mean and include a mechanical device affixed to taxicabs and designed to measure the distance driven and calculate the charge therefor, which is so installed that the figures or fares as stamped by the machine may be given to the passenger as a receipt. Said term shall be deemed to include mechanism for the accurate measurement of time and distance and that the timing device shall correctly tabulate and calculate the charge for waiting time; (e) Use of any word in the singular shall include plural and use of plural shall include singular. (Ord. 5818, Sec. 1, 11-9-53) 16-1002. License Required. No person, either acting as owner, principal, agent, employee, lessee or licensee shall operate or permit to be operated upon the streets of the City of Salina any taxicab without first having procured a license therefor as hereinafter provided. (R. O. 1948, 13-1302) 16-1003. Application; Title Certificate. Any person desiring to secure a license for the operation of a taxicab within the City of Salina shall file with the City Clerk a written application con- taining the following information; (a) The full name and address of the owner and operator; (b) Make, motor and type of vehicle; (c) Seating capacity (including driver); (d) Motor and serial number and state license number of vehicle; (e) Principal place of business, office address and name, and night and day telephone numbers, of the manager in charge of operation of such taxicab, and if the owner or operator is a corporation, the name of officers and directors of such corporation, and if a partnership, the name of all the partners; (f) Name of insurance carrier carrying the liability insurance on such taxicabs as required in this article and the number and date of issuance and date of expiration of such policy, and such other infor- mation, statements and agreements as may be required on a printed form furnished by the City Clerk for such purpose; and CONSOLIDATED-SALINA L 11 (g) The character and type of taximeter. The application shall be accompanied by the title certificate issued by the State of Kansas showing ownership of such vehicle, which certificate shall be left with the City Clerk while any license issued on such application is in effect. No license shall be issued for a taxicab unless the same is equipped with an accurate and working taximeter mechanism so as to measure distance of transportation and a clock mechanism to measure passage of time. (Ord. 5818, Sec. 2, 11-9-53) 16-1004. Conditions of Licence; Transfer. Any license for the operation of a taxicab shall apply to and cover only the specific vehicle described in the application therefor until on application duly made by the same owner and operator the right to transfer such license to another vehicle is granted by the Board of Commissioners. Every application shall be signed by the owner of the vehicle described in the application and by any other person in any manner interested in the direction, operation or con- trol thereof and under whose name it is to be operated and such additional persons shall be described in such application and in any license issued pursuant thereto as the operator. No license issued for the operation of any taxicab shall be assigned or transferred to any other person as owner or operator except upon application for such transfer made to and granted by the Board of Commissioners, and it shall be unlawful for any person to use, drive or operate either as owner, operator or driver, any taxicab within the City of Salina which shall not have been duly licensed, or which is not being operated by the owner and/or operator to whom the license for such vehicle was issued or on which any license has been cancelled, or which has ceased to be operated by the owner or operator named in the license or in the duly approved transfer thereof. (R. O. 1948, 13-1304) 16-1005. License Approved by Board of Commissioners. The applicant for any such license shall at the time the application is filed with the City Clerk pay to the City Clerk the fee for such license as provided for by this article and the City Clerk shall thereupon after inspection and approval of such vehicle by the License Inspector as provided for in this article, present such application to the Board of Commissioners at the next regular meeting of such Board. The Board of Commissioners shall if they consider that the public convenience and necessity require the licensing of such taxicab, in addition to any other taxicabs which may at that time be operating under licenses issued by the city, and if they deem the applicant therefor to be of good moral character and that such applicant or any person employed by him will operate the taxicab for which a license is desired properly and for the best interest of the public and that they will conform to and obey the ordinances of the city relative to the operation of taxicabs and all other ordinances of said city, grant a license to such applicant covering the taxicab described in his application and direct the City Clerk to issue such license: Provided the Board CONSOLIDATED -SALIVA !J 1 of Commissioners shall not approve or have in effect at any one time licenses for taxicabs in a number in excess of the number which the Board of Commissioners may deem necessary for the best interests and convenience of the inhabitants of the City of Salina or the general public, or in such number that the owners and operators of the licensed taxicabs and their employees might, in the opinion of the Board of Commissioners, be apt to engage in practices which would be detrimental to the best interest of the city and its inhabitants and the general public, and shall reject and deny any application in the event that they consider that the granting of such license would increase the number of taxicabs licensed to operate in the City of Salina beyond the number necessary for the best interests and convenience of the inhabitants of said city and the general public, or if for any other reason they deem that the granting of such license would be detrimental to the public interest. (R. O. 1948, 13-1305) 16-1006. Insurance Required. It shall be unlawful to operate a taxicab for hire or to permit the same to be operated in the City of Salina and no license for the operation thereof shall be granted by the Board of Commissioners of said city until the applicant for a license shall deposit with the City Clerk a policy of liability insurance issued to and covering such applicant and the taxicab described in his application, in such form as shall be acceptable to and approved by the Board of Commissioners, and issued by an insurance company or association approved by said Board and in such amount as said Board may deem sufficient to adequately protect the interest of the public, which policy shall bind the company or association issuing the same to pay compensation for injuries to or death of persons and for loss of or damage to property resulting from the negligent operation of such taxicab, and shall make additional arrangements for the protection of the public supplementing such insurance policy as the Board of Commissioners shall require and approve. Any such insurance policy shall have incorporated therein, or attached thereto by endorsement thereon, recitals to the effect that the policy is issued in accordance with and under the requirements of this article pertaining thereto and that it is issued for the benefit of and for the purpose of protecting the public, including passengers therein, against injuries or damages resulting from the negligent operation of said taxicab and that it shall remain effective until cancelled as herein provided for, irrespective of any statements, declarations, mis- representatives, acts or omissions of the assured or of any agent, servant, employee or representative of assured either in the application for said policy or in the schedule of statements or declarations con- tained or referred to in said policy, including statements as to ownership, or made, committed or omitted before or after the occurence of any injury or damages caused by the operation of such vehicle, and shall provide that no cancellation of the policy or any endorsement thereon shall be effective until the CONSOLIDATED-SALINA 1 1 expiration of ten (10) days after notice of such cancellation shall have been delivered to the City Clerk, and such other recitals as may be approved by and required by the Board of Commissioners, and any policy or certificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be used as a taxicab in the City of Salina shall be deemed to include the provisions of this article whether such provisions are specifically recited therein or not. (R. O. 1948, 13-1306) 16-1007. Inspection of Taxicabs; Maintenance; Suspension by Inspector. When an applica- tion for a taxicab license or for the transfer of a license from one vehicle to another is filed with the City Clerk)he shall refer the same to the City License Inspector (and until otherwise provided by ordi- nance, the City Building Inspector shall be ex officio License Inspector) and it shall be the duty of such Inspector to examine such vehicle as to its physical and mechanical condition, including its brakes, lights and other equipment and its registering meter, if any, and to certify to the Board of Commissioners his approval or rejection of such taxicab, and no application for license shall be approved by the Board of Commissioners and no license shall be issued by the City Clerk until the condition of such vehicle has been approved and certified by the License Inspector. The decision of the License Inspector with reference to such condition shall be final and conclusive, except that the Board of Commissioners may, if they deem it proper and necessary, direct the issuing of license for any taxicab which may be rejected by the Inspector and the Board may also at any time inquire with reference to the condition of any taxicabs and may at any time revoke the license of such taxicab if, in the opinion of such Board, its physical and mechanical condition renders it unfit for use as a taxicab. In addition to the inspection required for the issuing a license, it shall be the duty of the License Inspector to make an examination of each taxicab at least once each three (3) months from the date of the original inspection, or oftener if necessary, as to its physical and mechanical condition and the License Inspector is hereby empowered to suspend the license of such taxicab until the owner or operator of such taxicab shall have repaired the same or restored such taxicab to such physical and mechanical condition as shall meet the approval of the License Inspector and it shall be the duty of the License Inspector, upon the suspension of any such taxicab license by him, to report such suspension of the license to the City Clerk and to the Chief of Police and no owner, operator or driver of any taxicab, the license for which has been so suspended by the License Inspector, shall allow or permit such taxicab to be used until the same shall be reinspected and approved by the License Inspector. (R. O. 1948, 13-1307) CONSOLIDATED-$ALINA 1 1 1 16-1008. Inspection Fees Before examining and certifying the condition of any taxicab, the applicant for a license or any licensee whose vehicle is to be inspected shall pay the License Inspector an inspection fee of One Dollar ($1) for each vehicle inspected by him which shall be paid by him into the City Treasury and no license shall be issued or transferred from one vehicle to another, until such inspection fee is paid, or if inspection is required of a vehicle already licensed, such license shall be revoked upon the failure of the licensee to pay such fee. (R. O. 1948, 13-1308) 16-1009. Clerk to Issue License;. Signature; Register. After the application for any taxicab license has been filed with the City Clerk and the condition of the vehicle described therein provided by the License Inspector and the insurance covering such vehicle approved by the Board of Commiss- ioners and after the license fee provided for herein has been paid to the City Clerk and the application for license approved by the Board of Commissioners, the City Clerk shall issue a license for the owner- ship of such taxicab which shall contain the name of the licensee including both owner and operator and a description of the vehicle licensed and before any such license is delivered to the licensee it shall be endorsed thereon in the presence of the City Clerk the signature of owner and operator named in such license. The Clerk shall keep a register of all such licenses issued by him showing the name of the owner and operator to whom the license is issued, the description of the vehicle including motor and serial number, the name of any person to whom any assignment and transfer of any license or of any licensed vehicle is made, the date when issued or transferred, the amount paid for such license, the date of its expiration, the name of the insurance carrier with the number and date of expiration. (R. O. 1948, 13-1309) 16-1010. License Fees. Revocation; Age of Licensee. A license issued under this article shall be for a period ending December 31 next or June 30 after it is issued. The license fees shall be as follows: (a) For a period beginning before July 1 and ending December 31 for each vehicle with a seating capacity of more than five (5) persons, Thirty Dollars ($30); (b) For each vehicle with a seating capacity of five (5) persons or less, Twenty-five Dollars ($25); (c) For a period beginning January 1 or after and ending June 30, and for a period beginning July 1 or after and ending December 31, one-half the fee above stated. No taxicab shall be operated until the required license fee has been paid and a license issued. No taxicab shall be operated after the license is revoked. No license so issued shall be assignable except as provided for in this article and the same may be revoked by the Board of Commissioners upon CONSOLIDATED-SALINA 1 1 the conviction of the licensee of having violated any of the provisions of this article and said Board may also revoke such license for any cause which the Board may deem constitutes reasonable grounds for such revocation, and also and in such manner and for such causes as are otherwise in this article provided for. No such license shall be granted to any person under twenty-one (21) years of age. (R. O. 1948, 13-1310) 16-1011. Maintenance of Taxicabs It shall be unlawful for any person either as owner, operator or driver to drive, operate or use on the streets of the City of Salina any taxicab which is not in good sound, safe and fit condition mechanically and otherwise, including brakes, lights and other equipment, or which is in any manner defective, unsafe or unfit for use. (R. O. 1948, 13-1311) 16-1012. License: Posting; Inspection; Identification_ The license issued by the City Clerk for the operation of any taxicab and also the drivers license issued by the city to the driver thereof, or identification cards issued by the City Clerk as provided for in this article, shall at all times, while the taxicab is being used or maintained or offered for use for hire to the public, be kept in a conspicuous place in the taxicab itself, and shall be subject to inspection at any time by any officer of the City of Salina. The owner and driver thereof shall also upon demand furnish to the officer inspecting the taxicab his signature made in the presence of such officer for the purpose of identification. (R. O. 1948, 13-1312) 16-1013. Drivers License: Application. It shall be unlawful for any person to act as a driver of a taxicab or livery car without having first secured a license to be issued by the City Clerk as herein provided. Such license shall be applied for in writing on such forms as the City Clerk may pre- scribe, and such application shall include: (a) The name, age, sex, weight, height, color of eyes and hair of applicant, his residence address and length of residence in the City of Salina; (b) Whether or not the applicant has heretofore been licensed as a chauffeur or taxicab driver, and if so, when and by what city or state, and whether such license has been revoked or suspended, and if so, the date of such revocation and suspension; (c) The number of times and places arrested, and/or convicted for traffic violations; (d) The experience the applicant has had in driving motor vehicles; (e) The name of the person by whom the applicant is employed and name and address of employer during the preceding two (2) years and kind of employment; (f) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such conviction; CONSOLIDATED-SALINA fl (g) Each applicant shall furnish four (4) recent photographs of himself, not less than two and one- half (2%2) inches by three (3) inches and not more than two and one-half (2%2) inches by three and one- fourth (3'14) inches and submit to fingerprints by the Police Department. One of said photographs shall be attached to the copy of the application filed in the Police Department, one shall be attached to the application filed with the City Clerk, one shall be attached to the license issued to such driver and one to the identification card hereinafter provided for, which shall be conspicuously displayed in any taxicab being driven by such person; (h) A statement that the applicant is in good health; (i) The applicant must name three (3) reputable persons who have known him for one (1) year or more immediately prior to such application. Such persons given as references must be residents of the City of Salina. Such application shall be made in duplicate and both copies shall be referred by the City Clerk to the Chief of Police. The Chief of Police shall endorse his report and recommendation on both copies, one of which shall be returned by him to the City Clerk and one retained in the files of the Police Department, together with the fingerprints of the applicant. Each application shall be accompanied by the payment of an examination and license fee of Ten Dollars ($10) and in the event the applicant is refused a license, such fee shall be returned to the applicant by the City of Salina. (R. O. 1948, 13-1313) 16-1014. Investigation of Applicant bV Police.; Moral and Physical Requirements. Ever,�,j applicant must be at least twenty-one (21) years of age and have resided in the City of Salina or within two (2) miles thereof for at least one (1) year next preceding the filing of such application: Provided" That any person receiving a license to operate a'taxicab under provisions of Sections ji-•/003 to 16-MO.V inclusive, shall be eligible for an operator's license after a residence of four (4) months. Before a license is issued the Chief of Police shall cause an investigation to be made of the facts set forth in the application and of the record of such applicant in the Police Court of Salina and the District Court of Saline County, and any other courts in which he may have reason to believe the applicant has a record, and shall report to the City Manager all information secured from such information relative to the applicant's record in any court and the City Manager shall not approve the issuance of a license to any person who has been convicted of the violation of any of the criminal laws of ihe State of Kansas or has been convicted of a felony in any other state or has been convicted of violating any of the ordinances of the City of Salina involving moral turpitude: Prov___i___ded" That the Chief of Police may in any case where more than three (3) years has elapsed since any such person has been convicted of any CONSOLIDATED-SALINA F� 1 offense herein described, and where he believes the general reputation and integrity and responsi- bility of the applicant during such time is such that such applicant would at the time of the applica- tion be a fit person for such occupation, he may recommend to the City Manager of the City of Salina that a license be granted. The Chief of Police shall also cause such applicant for a driver's license to be examined as to his knowledge of the provisions of the ordinances of the City of Salina relating to traffic, as well as geography of the city, and if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each applicant must, if required by the Police Depart- ment, demonstrate his skill and ability to safely handle an automobile by driving it through a crowded section of the city, accompanied by a member of the Police Department. If the applicant is found to be a fit and proper person to operate and drive a taxicab by the Cnief of Police, he may recommend to the City Manager that a License be granted. The City Manager shall then consider the application and the report and recommendation of the Chief of Police and any other information which may come to him concerning the applicant, and if the City Manager is satisfied that the general reputation for integrity and responsibility of the applicant is such as to render such applicant fit for such occupation he may approve the application and direct the City Clerk to issue such applicant a license. No license shall be issued to any persons who from general physical appearance or for any other reason is not in the opinion of the City Manager morally and physically fit to drive or operate a taxicab or livery car in the City of Salina, or to any person whose general reputation for integrity and responsibility, or whose previous record as a law violator or otherwise is such as to render the applicant unfit for such occupation in the opinion of the City Manager. (R. O. 1948, 13-1314) 16-1015. Expiration; Renewal, All drivers licenses shall expire on December 31 of each year. Prior to the expiration of any such license, the driver may file an application for renewal and may obtain a new license upon the payment of a fee of Ten Dollars ($10), if such renewal application is filed on or before December 20 of the year in which an existing license expires, and in such event, no new license application shall be required: Provided, That before any renewal license is issued, the applicant must secure the approval lof the Chief of Police in the same manner and upon the requirements as are provided for in Section 16-1014 hereof, and new photographs shall be furnished, if in the opinion of the Chief of Police, they are necessary for proper identification. No refund shall be made for any reason whatsoever after issuance of the license and no license fee shall be prorated. (R. O. 1948, 13-1315) CONSOLIDATED-SALINA 1 1 16-1016. Drivers Identification Card. At the time the drivers license is issued, a drivers license identification card shall also be issued. Said card shall be of a form prescribed by the City Clerk, and shall contain the picture of the driver affixed in such a manner that another picture cannot be substituted therefor without detection. The drivers license number, card number and the expiration date of said license shall also be shown thereon. Said card shall have space on the reverse side for entering violations and fines. (R. O. 1948, 13-1316) 16-1017. Display of Identification Card. The drivers license identification card shall be conspicuously displayed in such a manner that the entire card is visible from the rear seat of the auto- mobile which the driver is operating, and the only driver's license identification card displayed shall be the one belonging to the driver who is on duty at that time. Said card shall be enclosed in a frame, with glass or other transparent front, so that the same shall be clearly discernible to and can be read by the passenger in the rear seat. No drivers license shall be transferable. No driver shall operate a taxicab and livery car unless he shall have his identification card so displayed. The driver shall be responsible for keeping said card in a good condition and it shall be unlawful to have a torn or illegible card. (R. O. 1948, 13-1317) 16-1018. Identification Card: Duplicate. In case of loss of a license identification card the owner may file with the City Clerk a sworn statement of the facts concerning such loss, and if the City Clerk is satisfied that the facts justify the issuance of a replacement card, he shall on the payment of a fee of Fifty Cents (500 issue a duplicate card. Such duplicate card shall be plainly marked "duplicate" and the number of the original card shall be furnished to the Police Department, as well as the number of the duplicate card. (R. O. 1948, 13-1318) 16-1019. Revocation. Suspension of Drivers License. A drivers license shall be revoked by the Chief of Police for any of the following reasons: (a) Upon conviction of violation of any federal or state law; (b) For operating any vehicle while drunk; (c) For leaving the scene of an accident; (d) For failure to make full report of an accident to the Police Department; (e) For permitting any other person to use his license; (f) For obliterating or erasing any official entry on his license identification card; (g) Upon conviction of a third major traffic violation during any one license year. A major traffic violation is hereby defined to be: CONSOLIDATED-SALINA (1) Speeding; i i (2) Reckless driving; (3) Nonobservance of lights or signs; (4) Driving while drunk; (5) Improper brakes; (6) Making a left or U-turn where not permitted; (7) Driving on the wrong side of the street. (h) For violation of or failure to comply with any of the provisions of this article and the amend- ments and supplements thereto. A drivers license may be suspended by the Chief of Police for a period of not exceeding ninety (90) days for any of the following reasons: (a) First and second offenses of any major traffic violation; (b) Repeated infractions of minor traffic laws or rules. Whenever a drivers license is revoked or suspended, the Chief of Police shall take up the drivers license and license identification card and forward same to City Clerk's office, together with a full report of the reasons for such revocation or suspension. No person whose license has been revoked shall be eligible to receive a new license until one (1) year from the date of such revocation. In case of the revocation or suspension of the license, the driver shall have the right to appeal to the Board of Commissioners by notifying the City Clerk of his intention to appeal within three (3) days, and there- after presenting the matter at the next regular meeting of the Board of Commissioners, but any revocation or suspension shall remain in effect until such appeal is heard and until such revocation or suspension is rescinded or set aside by such Board. Upon the hearing of any appeal from an order of suspension, or a consideration of any report of suspension made by the Chief of Police, the Board may revoke any such license. (Ord. 5818, Sec. 3, 11-9-53) 16-1020. Specification for Taxicabs. No taxicab shall be licensed unless it shall have the following specifications and requirements: (a) Posting Cards • Every taxicab shall be equipped with a frame for the proper display of the owner's fare rate card and the owner's and driver's identification cards, as required by this article and the laws of the State of Kansas. Such cards shall be so placed that they can be plainly seen by the passengers riding in such taxicab. The fare rate card shall state clearly the rates of fare to be charged. If the fare to be charged is upon a mileage basis, it shall so state and shall give the schedule of rates; CONSOLIDATED-SALINA 1 1 bC. if the fare toicharged is based upon the carrying of passengers within certain locations bounded by streets, as is hereinafter provided for, it shall so state, and shall state the rate to be charged for the carrying of passengers through each district. The type used for the printing of said names and the rates of fare shall be of sufficient size and shall be so illuminated at night that it can be clearly read at a distance of three (3) feet. (b) _K_nQb&sr_HQn&e_of_DQD s. Every taxicab shall have aknob or handle upon the inside of all doors thereof by which said doors may be easily opened from the inside. (c) Name.apd NumberQILOutsidgQLCQJx, Every taxicab that is authorized and licensed to operate in the City of Salina shall be assigned a number by the City Clerk and it shall be unlawful to operate a taxicab within the City of Salina unless said number is printed on a door on each side, on the windshield and on the rear of the said taxicab, in plainly visible numerals at least three (3) inches in: height. Each taxicab shall have painted thereon on each side the name or names of the persons or company owning and operating the same; the letters constituting said names shall be block letters and at least two (2) inches in height. (R. O. 1948, 13-1320) 16-1021. Appointment of Manager. Two (2) or more owners or operators of taxicabs associated together in any partnership, association or joint enterprise or doing business under a joint or common name or from the same office or headquarters and every corporation owning and/or operating taxicabs within the City of Salina shall elect or appoint some one individual as manager of such partner- ship, association, joint enterprise or corporation who shall be responsible for the operation of all taxi- cabs and automobiles for hire of such partnership, association, joint enterprise or corporation in said city. The name of such manager of each partnership, association, joint enterprise or corporation operating taxicabs or automobiles for hire upon the streets of the City of Salina shall be immediately reported to the City Clerk and to the Chief of Police. No such partnership, association, joint enterprise or corporation shall hereafter operate, or be licensed .to operate any taxicab or automobile for hire upon the streets of the City of Salina without first having placed on file with the City Clerk and the Chief of Police the name of such manager. (R. O. 1948, 13-1321) 16-1022. Single Firm. Two (2) or more owners or operators of taxicabs associated together in any partnership or joint enterprise or doing business under a joint or common name or from the same offices or headquarters shall for the purposes of this article be deemed and considered to be a single firm or owner. (R. O. 1948, 13-1323) CONSOLIDATED-SALINA 1 1 1 16-1023. Cruising Prohibited. No owner, operator or driver of any taxicab shall solicit passengers on or adjacent to the streets of the City of Salina or cruise on or over the streets of said city for the purpose of looking for or soliciting passengers or pick up any passenger on or adjacent to the streets of said city except in response to a call from such passenger to the place of business or the station of such taxicab, unless such passenger shall hail such taxicab and specifically request its ser- vices without solicitation from the driver thereof. (R. O. 1948, 13-1324) 16-1024. Maintaining Telephone on Public Streets Prohibited. No owner, operator or driver of any taxicab shall maintain at any place within the limits of any public street in the City of Salina any telephone for the purpose of placing or receiving taxicab calls. (R. O. 1948, 13-1325) 16-1025. Taxicab Rates. The rates of fare of taxicabs for conveying persons with the usual hand luggage shall be as follows: For the first three-fourths (3/4) mile or portion thereof, Thirty-five Cents (350; and for each succeeding half mile or any fraction thereof, Ten Cents (100; for each passenger over one, Fifteen Cents 0%) each, excepting children under one (1) year of age; and for each minute of waiting time in excess of three (3) minutes, Five Cents (50 per minute. When a taxi- cab is employed at an hourly rental, the fare in lieu of the specific trip fares prescribed as aforesaid shall be Three Dollars ($3) per hour and Five Cents (50 for each minute in addition to any hour or hours: Provided" That no charge shall be made for waiting time on stops occasioned by the driver himself, or by reason of any breakdown or for premature arrival upon a call, or for waiting time or delays occasioned by traffic controls or congestion. All charges are to be based on the most direct route and the operators or taxicabs are hereby required to utilize the most direct route in transportation. No more than five (5) passengers shall be carried in any one cab at any one time. Not more than one+(l ) passenger shall ride in the front seat. No intermediate pickup shall be made without the consent of the passengers then in the taxicab. In the event of intermediate pickups the first passenger in shall be the first delivered and shall pay the accumulated fare on delivery, thereupon the taximeter shall be started at the minimum fare and the next delivered passenger or passengers shall pay the then accumu- lated fare and so on until all deliveries are effected. Each taxicab shall have posted in a conspicuous place within the cab a card showing the rates provided for herein, the license number of the cab, the name of the owner thereof and the name of the operator thereof. Such information shall be printed upon a placard of a character sufficiently large to be readable. Any such charge made to a passenger at a rate other than that fixed in this article or failure to comply with each and every provision herein shall be deemed a violation. (Ord. 5818, Sec. 4, 11-9-53) CONSOLIDATED-SALINA 1 D 1 16-1026. Seating Caoc,citv_. It shall be unlawful for the owner, operator or driver of any taxicab to carry or to cause, permit or direct to be carried more passengers in any cab at any one time than the regular seating capacity provided for and not more than one passenger shall be carried in the front seat of such cab. (R. O. 1948, 13-1328) 16-1027. Taximeters: Approval; oval;. Receipts Whenever any taxicab shall have affixed thereto a taximeter, such taximeter shall be of a size and design approved by the License Inspector of the City of Salina; shall be set to conform to the rates provided for in this article and as posted and filed by the owner of such cab, and shall be in proper mechanical condition and in operation at all times, and shall at the conclusion of each trip discharge a printed slip showing the distance traveled and the fare, which shall be given to the passenger paying such fare. (R. O. 1948, 13-1331) 16-1028. Taximeters: Incorrect, No person shall use or permit to be used upon any taxicab a taximeter or other registering meter which shall be in such condition as to be over five per cent (5%) incorrect to the prejudice of any passenger on which shall be operated from any wheel to which the power is applied, or which has not been duly inspected and approved. (R. O. 1948, 13-1332) 16-1029. Taximeters or Speedometers: Lighted at Night. After sundown, the face of every taximeter or other registering meter shall be illuminated by suitable light so arranged as to throw continuous steady light thereon. (R. O. 1948, 13-1333) 16=1030. Meters Kept in Working Order. No person shall use or permit to be used or driven for hire a taxicab equipped with a taximeter, the case of which is unsettled and not having its covers and gears intact, or a taxicab without a taximeter whose registering meter has not been examined and approved and which is not at all times in good working condition, or any taxicab, the use of which has not been duly licensed. (R. O. 1948, 13-1334) 16-1031. Taximeters: Signals. No driver of a taxicab equipped with a taximeter while carrying passengers or under employment shall display the signal affixed to such taximeter in such position to denote that he is unemployed. While carrying passengers the signal must be in such position that the taximeter will record the distance traveled and the fare. No charge shall be made for the time consumed in response to a call or in returning to the place from which such taxicab has been called, whether the taxicab be equipped with a meter or not. (R. O. 1948, 13-1335) 16-1032. Inspection Test and Seal Meters. It shall be the duty of the License Inspector to examine, inspect and seal, at least every six (6) months, all taximeters or other registering meters used on any taxicab in the City of Salina: Provided, That in the event complaint is made to said License CONSOLIDATED-SALINA 1 1 1 Inspector that any taximeter registers improperly or inaccurately or at any time that he deems it necessary, it shall be the duty of said Inspector to immediately examine said taximeter or other regis- tering meter, and in case it does not properly and accurately measure the distance traveled and register the amount of fare, in the case of a taximeter, to be determined and charged therefor, then in that event, it shall be unlawful for the owner or person in charge of such taxicab to permit its use until such taxicab is equipped with a taximeter or other registering meter approved by said License Inspector. For every meter inspection made by the License Inspector, as provided for in this article, there shall be paid to said Inspector, a fee of Fifty Cents (500 by the owner or operator of such taxicab: Provided. however, That in case the inspection is made upon complaint as herein provided and such taximeter or other registering meter is found to be correct, said inspection fee shall be paid by the person making said complaint and not by the owner or operator of such taxicab. (R. O. 1948, 13-1336) 16-1033. Refusal to Pay Fare. It shall be unlawful for any person to refuse to pay the legal fare for a taxicab, as prescribed in this article, after having hired the same, and any person who shall hire any taxicab with the intention of defrauding the person from whom the same is hired shall be guilty of a misdemeanor. (R. O. 1948, 13-1337) 16-1034. Weddinas and Funerals. The provisions of this article shall not include any passenger vehicle for hire while being used for service at funerals or weddings. (R. O. 1948, 13-1338) 16-1035. Taxicab for Immoral Purposes or Transportation of Liquor. It shall be unlawful to drive, operate or use any taxicab for the purpose of prostitution or transporting any person or persons from any place within the City of Salina to any other place within or without said city or from any place outside of said city to any place therein for the purpose of prostitution, or to drive, operate or use any taxicab for transporting liquor from any place within the City of Salina to any place within or without said city or from any place without said city to any place therein, or for any other unlawful purpose within the City of Salina. (R. O. 1948, 13-1339) Ref.: Sec. 14-1037, 16-1036. License Suspended or Revoked. In the event the operator of any taxicab violates any provision of this article, the license for the operation of the same and the taxicab driver's or operator's license shall be suspended by the Chief of Police for a period of ten (10) days. In the event either of such licensees, the owner or the driver, desires to appeal, they may appeal within said time unto the Board of Commissioners by filing a notice of intent so to do with the Chief of Police and by filing a copy thereof with the City Clerk, andthereupon said appeal shall be heard at the next succeed- ing meeting of the Board of Commissioners, and at such hearing the Board of Commissioners may reinstate CONSOLIDATED -SALIVA 1 1 1 any such license or licenses or may permanently revoke the same. In the event no appeal is effected from the suspension herein provided for by the Chief of Police, thereupon said suspension shall be deemed to be a revocation for the remainder of the license term. In the event of revocation resulting from a suspension as aforesaid or revocation by the Board of Commissioners, thereupon the person whose driver's license is revoked in any of the manners aforesaid or the taxicab shall not be relicensed at any time within a period of two (2) years from the effective date of said revocation. (Ord. 5818, Sec. 5, 11-9-53) 16-1037. Driver Guilty; Penalty. The driver of any taxicab used for any of the purposes mentioned in Section 1'4403� or any other person using or occupying the same for any such purpose shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Twenty-five Dollars ($25) nor more than Two Hundred Fifty Dollars ($250), or by imprisonment in the city jail for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment. (R. O. 1948, 13-1341) 16-1038. Terms of Article; Apply to Owner;, Agent, Etc. Wherever in this article the owner or operator of any taxicab is referred to, such term or terms shall apply to the agent, officer, manager or members of any corporation, firm, partnership or association owning or operating any such taxicab and any such agent, officer, manager or member of any such corporation, firm, partnership or associa- tion shall be subject to any and all of the penalties provided for in this article for the violation of any of the terms thereof by any such owner or operator. (R. O. 1948, 13-1343) 16-1039. Violations; Owners and Operators; ators; Penalty Except as otherwise specifically pro - vided for in this article, any person who shall violate any of the provisions of this article, or who shall operate and drive in the City of Salina any taxicab without being licensed so to do as provided for in said article or after any such license has been suspended or revoked or who shall fail to comply with any of the requirements of said article, shall, upon conviction thereof, be punished by a fine of not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100), and shall stand committed to the city jail until such fine is paid. (Ord. 5818, Sec. 6, 11-9-53) CONSOLIDATED-SALINA 1 f 1 Article 11 Solicitors and Canvassers 16-1101. Definitions 16-1102. Application for License 16-1103. Information to be Furnished to City Clerk 16-1104. Fees for Investigation 16-1105. Chief of Police to Investigate 16-1106. Suspension 16-1107. Renewals 16-1108. Penalty 16-1109. Not to Apply to Peddlers 16-1110. Saving Clause 16-1101. Defintions. The term "solicitor" or "canvasser" shall be construed to mean any individual, whether a resident of the city or not whose business or trade is mainly or principally carried on by traveling either by foot, wagon, automobile, motor truck, or .by any other type of conveyance, from place to place, from house to house, or from street to street in the city, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such indivi- dual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments or not: Providr, That such definition shall include any person who, for himself, or for another person, firm or corporation hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery: Provided further, That this definition shall not include commercial travelers commonly called "drummers" or any person or persons representing any recognized charitable, educational or eleemosynary institution or organization. 16-1102. Application for License. Any solicitor or canvasser, as defined in Section 16-1101 hereof, shall, upon application to and registration with the City Clerk be entitled to a solicitor's or canvasser's license upon submitting to the said City Clerk satisfactory evidence of the nature of his agency, relation to or connection with the person, firm, company or corporation represented or served, the nature, kind or character of such service, business or enterprise, the character and reputation of such person for business integrity and responsibility in the performance of contracts for delivery of goods CONSOLIDATED-SALINA 1 F� and merchandise or performance of services solicited, and such other information as may be required by Section 16-1103 hereof. All such licenses shall expire on June 30 and December 31 respectively after their issuance. 16-1103. Information to be Furnished to City Clerk. Before the City Clerk shall issue any license authorized by this article, he shall satisfy himself that the applicant therefor is qualified under the ordinances of the city to receive such license. He shall require a sworn application in writing prepared in duplicate on a form to be supplied by said City Clerk which shall among other things give the following information: (a) Name and description of applicant; (b) Permanent home address and full local address of applicant; (c) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in said business; (d) If employed, the name and address of the employer, together with credentials establishing such relationship; (e) The length of time which business is proposed to be carried on; (f) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery; (g) A photograph of the applicant taken within ninety (90) days prior-, to the date of making application, which picture shall be at least two (2) inches by two (2) inches showing the head and shoulders of the applicant, in clear and distinguishing manner; or in lieu thereof the finger- prints of said applicant may be taken by the Chief of Police and filed with the application; (h) The names of at least two (2) reliable owners of property in the County of Saline, who will certify to the applicant's good character and business responsibility; or, in lieu of the names of refer- ences, submit available evidence as to the good character and business responsibility of the applicant as will enable the city officers to evaluate properly his character and responsibility; (i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any city ordinance, giving the nature of the offenses, the punishment assessed thero(4- if any, and the city and state where conviction occurred. 16-1104. Fee for Investigation. At the time of filing the application, a fee of Fifteen Dollars ($15) shall be paid to the City Clerk to cover the cost of investigation of the facts stated in the fore- going application. CONSOLIDATED-SALINA 1 1 1 16-1105. Chief of Police to Investigate. (a) Upon receipt of the above application, the City Clerk shall refer the same to the Chief of Police, who shall cause an investigation of the facts stated therein to be made within not to exceed ten (10) days. (b) If as a result of the investigation, the applicant's character of business responsibility is found to be unsatisfactory, or the facts stated therein to be untrue, the Chief of Police shall endorse on such application his findings and endorse his disapproval of the application and his reasons for the same, and shall return the application to the City Clerk, who then shall notify the applicant that his application is disapproved and that no license will be issued. (c) If, however, the investigation of such application discloses that the character and business responsibility and the facts stated in his application are satisfactory and true, the Chief of Police shall endorse his findings and approval on the application and return the same to the City Clerk who shall immediately issue a license to the applicant to engage in the business described in the application. Such license shall be in such form as required by ordinance and shall show the name, address and photo- graph and fingerprint of said licensee and the kind of goods to be sold or services rendered and the date of issuance and the length of time the license shall be operative. 16-1106. Suspension. Upon complaint and evidence of good cause, the City Manager is authorized to suspend any license issued under the provisions of this article, until the next meeting of the Board of Commissioners, and said Board upon a hearing of the matter, with notice to the licensee and affording him an opportunity to be heard, may permanently revoke or cancel such license or ter- minate the suspension and order a return of the license: ELQXjSJWL That good cause herein shall mean to include any reason for which a license could be refused by the City Clerk: in the case of an original application and any act of said licensee contrary to the health, morals, safety or welfare of the inhabi- tants of the city or any act in connection with the business or trade which is unlawful, irregular or frau- dulent in nature: Provided f rther. That conviction of the licensee by the Police Court of said city in any case involving a violation of any ordinance of the city relating to or regulating any business, trade, calling or profession carried on or pursued in the city shall ipso facto revoke any license granted hereunder. 16-1107. Renewals. All licenses issued or to be issued' hereunder shall be renewed, or sub - ject to renewal, as in the case of an original application and the granting of license upon showing of compliance with Sections 16-1102 and 16-1103 of this article: Provided" That the City Clerk need not require an application under Section 16-1103 unless complaints have been received of violations of the CONSOLIDATED-SALINA 1 1 1 conditions under which any license has heretofore been issued. The City Clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspensior: or revocation of any prior license. 16-1108. Penalty_ Any person who shall canvass or solicit in the city contrary to the pro- visions of this article, or who shall refuse to surrender the license after the same has been suspended, revoked or cancelled, or who shall canvass or solicit in the city after his or her license shall have been suspended, revoked or cancelled, shall, upon conviction thereof, be fined in any sum not exceeding One Hundred Dollars ($100), or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned. 16-1109. Not to Apply to Peddlers. Nothing herein shall be construed to affect or suspend any other ordinance or to deny or excuse any person, firm or corporation from obtaining any license or permit required to peddle or sell goods, wares or merchandise for immediate delivery and which goods are then and there delivered. 16-1110. S .vino Clause. In the event any part or parts of this article shall be determined to be invalid, such determination of invalidity shall not affect any other portion of this article. CONSOLIDATED-SALINA 1 1 1 CHAPTER XVI I. MEMORIAL HALL Article 1. Memorial Hall Management Article 1. Memorial Hal I ; Management 17-101. Memorial Hall Trustees; Board Created 17-102. Powers and Duties of Board 17-103. Income; Tax Levy 17-101 . Memorial Hall Trustees; Board Created. The management and control of the Salina Memorial Hall, the memorial building erected by the City of Salina pursuant to the provisions of a certain special election heretofore held in the City of Salina authorizing the issue of bonds for the payment thereof in accordance with the provisions of Chapter 256 of the Laws of the State of Kansas, 1921, be and the same is hereby vested in a Board of Trustees, consisting of three (3) members, at least two (2) of whom shall have seen service in the army, navy or marine corps of the United States in time of war, to be appointed by the Mayor of the City of Salina. Said Trustees shall be residents of the City of Salina, each of whom shall be appointed for the term of three (3) years, from the first day of April in the year of such appointment: ProvidWd, That the term of no two (2) members shall expire in the same year: Provided &Uher,, That all members hereafter appointed shall be so appointed upon the expiration of the term of office of the Trustees holding office at the time of or other disability of any of said members, shall be fi led the taking effect of this ordinance. Any vacancy on said Board, by reason of death, resignation/for the unexpired term of the member causing such vacancy. Said Trustees shal I serve without compen- sation and shall make annual reports and recommendations to the Board of Commissioners of the City of Salina, respecting the management and use of said building and the needs thereof. (R. O. 1948, 1-1001; G. S. 73-407) 17-102. _Powers and Duties of Board. The Board of Trustees shall have sole charge and management of said Salina Memorial Hall and shall ha,,,,-- authority to lease all or any part of said building for hire to any person or persons desiring to lease the same for a term not to exceed one (1) year at a time and to fix the rate and terms upon which the charge shall be made and collected therefor, and to make such provisions for the use of said building as they may deem necessary and proper. (R. O. 1948; 1-1002; G. S. 73-407) CONSOLIDATED-SALINA I w � 17-103. Income;Tax Levy. All of the income received and derived from the use of # I saxd hall shall be paid by said Board into the City Treasury of the City of Salina to be kept in a I fund to be known as the Memorial Hall Fund, and all expenses of maintenance and other expenses it in connection with said Memorial Hall shall be paid out of such fund, on vouchers approved by the I chairman of said Board and duly appropriated by ordinance, and the Board of Commissioners may annually levy a tax as provided by law to take care of the expenses and maintenance of such t Memorial Hall not provided by the income from such hall. (R. O. 1948, 1-1003; G. S. 73-407) 1 1 CONS6LIDATED-SALINA 1 1 1 CHAPTER XVIII. NUISANCES Article I. Radio Interference Article 2. Smoke Article 3. Trespassing Nuisances Article 4. Weeds and Other Obnoxious Growths Article 1. Radio Interference 18-101. Radio Interference Prohibited 18-102, Building Official, Police: Right of Inspection 18-103. Exemptions 18-104. Violation; Penalty 18-101. Radio Interference Prohibited. It shall be unlawful for any person, firm, co - partnership, association or corporation knowingly or wantonly to operate or cause to be operated, any wire or wires for carrying electric energy, or any machine, device, apparatus or instrument of any kind whatsoever within the corporate limits of the City of Salina, the operation of which shall cause reasonably preventable electrical interference with radio reception within said municipal limits: Provided" That X-ray pictures, examinations or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated. (R. O. 1948, 14-101) 18-102. Building Official, Police: Right of Inspection. The Building Official of the City of Salina or any police officer of said city or any person designated by the City Manager for such purpose, shall have the right at any reasonable hour to enter any place of business or other premises in the City of Salina for the purpose of inspecting or locating or attempting to locate any wires, machine, device, apparatus or instrument of any kind whatsoever, which is or may be kept or operated on any such premises in violation of the provisions of this article, and any person who shall prevent or attempt to prevent such Building Official or police officer or any person designated by the City Manager for such purpose, from entering any premises in the City of Salina for such purpose shall be deemed guilty of a violation of this article. (R. O. 1948, 14-102) CONSOLIDATED SALINA 1 C 1 18-103. Exemptions. This article shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any act of the Congress of the United States. (R. O. 1948, 14-103) 18-104. Violation; Penalty. Every person, copartnership, association, firm or cor- poration violating or who shall cause, permit or direct the violation of any of the provisions of this article, or who shall permit to be kept or operated on any premises in this city, under the control I i of, or in the possession of any such person, copartnership, association, firm or corporation, any machine, device, apparatus or instrument, the operation of which is in violation of any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than Twenty-five Dollars ($25). Each day during which such violation continues shall constitute a separate offense. (R. O. 1948, 14-104) Article 2. Smoke 18-201. Definition of Terms 18-202. Emission of Dense Smoke Prohibited 18-203. Exceptions: Private Residences; 1 8-2 11 . Period for Rekindling of Fires 18-204. Escape of Soot, Cinders, Noxious Acids, Fumes and Gases Prohibited 18-205. Duties of Building Official 18-206. Use of Smokeless Solid Fuel 18-207. Construction, Reconstruction, Addition, Alteration and Repair of Fuel -Consuming Devices 18-208. Annual Inspection 18-209. Hearings by Building Official j 18-210. Creation of Board of Appeals 1 8-2 11 . Interference with Performance of Duty of Building Official CONSOLIDATED-SALINA 1 1 18-212. Period of Grace 18-213. Ringlemann Chart 18-214. Fees 18-215. Penalties 18-216. Separability 18-201. Definition of Terms. (a) "Dense smoke," as used in this article, shall mean that smoke which has a density of No. 2 or greater as established by the Ringlemann chart, here- inafter referred to and adopted; (b) "Cinders," "dust," "fly ash," "noxious acids," "fumes," and "gases," as used in this article, shall be considered to be all matter other than dense smoke, including coke, cinders, dust and soot formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process; (c) "Ringlemann chart," as used in this article, shall be that standard published by the United States Bureau of Mines to determine the density of smoke, as hereinafter' --I in Section 18-213 of this article; (d) "Building Official," as used in this article, shall mean the Building Official of the City of Salina; (e) "Board," as used in this article, shall mean the Board of Appeals hereinafter created; (f) "Person, firm or corporation," as used in this article, shall mean any individual, part- nerships, firms, associations, companies, corporations, syndicates or other groups or groups of organized or unorganized individuals who may employ, own, use of operate any fuel -consuming device. 18-202. Emission of Dense Smoke Prohibited. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann chart, published by the United States Bureau of Mines, the standards of which are hereby fully adopted by the enactment of this article and in Section 18-213 herein. The emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the Building Official, or by anyone whom he may designate for such purpose: Provided" That this section shall be applicable to the circum- stances set forth in Section 18-203 herein. CDNSOLIAATED-SALINA 1 18-203. Exceptions: Private Residences; Period for Rekindling of Fires. The provisions of Section 18-202 of this article shall not be applicable: (a) To private residences in which no more than two (2) families are or can be housed. To all larger dwellings, of whatever type, this article shall be fully effective and applicable. (b) When a fire box, furnace, boiler, locomotive or other fuel -consuming device is being cleaned out and a new fire is being built therein, in which event a smoke of a density greater than that described as No. 2 of the Ringlemann chart shall be permitted for a period of not to exceed six (6) minutes in any single period of sixty (60) minutes. 18-204. Escape of Soot,, Cinders, Noxious Acids, Fumes and Gases Prohibited. It 4!""V shall be unlawful for any person, firm or corporation to permit #6 cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the Building Official, or by anyone whom he may designate for such purpose. 13-205. Duties of Building Official. The duties of the Building Official shall be: (a) To investigate all complaints of violations of this article and to institute necessary pro- ceedings in case of violations; (b) To investigate and make recommendations from time to time to the City Commission with respect to needed revisions in this article or any other ordinance pertaining to smoke control and air pollution; (c) To make yearly inspections of all fuel -consuming devices within the City of Salina to determine whether compliance is being had with the provisions of this article as more specifically required in Section 18-208 hereof; (d) To prepare and disseminate appropriate educational and informative literature to the public for the purpose of advising them of the purposes and necessity for the smoke prevention campaign; (e) To cooperate fully with all civic or other organizations which may be or become interested in the smoke prevention campaign; (f) To promulgate andpublish rules and regulations under which this article will be administered, providing in detail and with clarity the necessary information by which the public is to be guided. CONSOLIDATED-SALINA i Copies of the Ringlemann chart shall be made available to the public without charge. The rules j and regulations herein prescribed to be adopted shall be prepared only after a thorough consid- eration of the air pollution problem as it exists in the City of Salina; (g) To issue all permits required under the terms of this article; and to notify all parties concerned of any decision he may render and to provide such parties with an opportunity to have a full hearing as hereinafter set forth in Section 18-209; (h) To do any and all other acts which may be necessary for the successful prosecution of the purposes of this article, and such other acts as may be specifically enumerated herein as his duties. 18-206. Use of Smokeless Solid Fuel. It shall be unlawful for any person, firm or cor- poration to use or consume in any solid fuel -burning equipment any solid fuel which does not meet the standards of a smokeless solid fuel as set forth in this section. Smokeless fuel, for the purpose of the enforcement of this article, shall be considered a fuel, the volatile content of which is twenty per cent (20%) or less on a dry basis: ,avid d That if a fuel contains volatile matter in excess of twenty per cent (20%) on a dry basis, it shall be acceptable under the terms of this article provided that it meets the same standards in regard to smoke production as that of a fuel containing less than twenty per cent (20%) volatile matter on a dry basis, and subject to the following conditions in order to ascertain whether or not such standards are met: (a) Complete plans and specifications for.the use of such fuel must be submitted to the Building Official, together with any additional information he may reasonably require regarding the product; (b) An adequate supply of the finished product must be made available to the Building Official to conduct whatever tests he deems necessary to establish its value as a smokeless solid fuel; (c) Any person, firm or corporation whose product is submitted to such tests must pay in advance all expenses necessary to the attendant tests; (d) The Building Official shall be authorized to publish a list of brands or trade names of smokeless solid fuels as defined under this section, and to compile and publish from time to time statistics in reference to the supply, prevailing prices and other pertinent facts for the guidance of the public; (e) Ergv;ded" That solid fuel having a volatile content in excess of twenty per cent (20%) on a dry basis but not meeting the conditions hereinabove enumerated can be used or consumed upon I. issuance of a permit of approval by the Building Official only in heating devices equipped with appliances which are so constructed as to insure the complete combustion of all fuel used and CONSOLIDATED -SAMNA 1 1 further designed to prevent any and all air pollution prohibited by this article, and which devices have been previously approved by the Building Official. Devices. No new fuel -burning plants nor reconstruction, repair, addition or alteration to any existing fuel -burning plants for producing power and heat, or either of them, nor refuse -burning equipment, nor any stack or furnace connected with such fuel or refuse -burning equipment, shall be installed, erected, reconstructed, repaired, added to or altered in the City of Salina until plans and specifications of the same have been filed by the owner, contractor, installer or other person in the office of the Building Official as being so designed that same can be managed and operated to con- form to the provisions of this article, and a permit issued by the Building Official for such installa- tion, erection, reconstruction, repair, addition to or alteration. The Building Official shall, by appropriate rules and regulations, require such information on the plans and specifications of the foregoing as will enable him to make a determination of whether such construction, reconstruction, repair, addition or alteration work will conform to the requirements of this article or be in violation hereof. If it appears that such proposed work will not be inconsistent with the purposes of this article, the Building Official shall issue the permit, otherwise it shall be denied. Compliance with this section of the article shall not be deemed to be compliance with other city requirements with respect to the construction or repair of buildings. 18-208. Annual Inspections. It shall be the duty of the Building Official to make an annual inspection of each fuel -consuming device in operation within the city to which this article applies and to issue a certificate of inspection to the owner of each such device so inspected pro- viding it meets the standards established in this article. Such certificate shall be authorization for the continued operation of fuel -consuming devices. Failure to possess a proper certificate of inspec- tion shall be considered to be a violation of this article: Providrd That all fuel -consuming devices not inspected at the time of the passage of this article are authorized to continue in operation until such time as the Building Official may make his annual inspection of such devices. 18-209. Hearings by Building Official. Any person aggrieved by any ruling rendered by the Building Official shall have the right to require the Building Official to conduct a full and complete hearing prior to actual and final decision. Such hearing shall afford the person aggrieved with a full opportunity to present any evidence which he may desire to support his position. It shall be the duty of the Building Official to promptly notify all parties concerned of his ruling in such hearings. CONSOLIDATED-$ALINA 1 1 18-210. Creation of Board of App -peals The Board of Commissioners of the City of Salina shall appoint a Board of Appeals to be composed of at least three (3) members who will serve as a body to which appeals may be made from the decisions of the Building Official. The members of this Board shall serve for a period of two (2) years without remuneration. They shall be citizens and taxpayers of the city and shall not have any interest in the sale or control of any smoke pre- vention equipment or apparatus which might be used effectively to reduce the emission of dense smoke. The Board of Appeals may prepare such rules and regulations as may be deemed necessary for them in the discharge of their duties. They shall decide all appeals properly before them, and shall either affirm, modify or overrule the decision of the Building Official which they may be called upon to review. On all appeals taken to the Board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the Build- ing Official shall be made available to the Board in each case. 18-211. Interference with Performance of Duty of Building Official Any person, firm or corporation interfering in any manner or impeding the performance of duty of the Building Official shall be deemed guilty of a misdemeanor and shall be subject to the penalties hereinafter provided for the violation of the provisions of this article. This section shall likewise apply to the perfor- mance of duty of those employees and representatives of the Building Official. 18_212. Period of Grace. Whenever it has been adequately demonstrated to the Building Official that compliance with the terms of this article cannot be effectively and immediately made, the Building Official shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this article. Such temporary permit shall be issued for no longer a period than six (6) months, at the expiration of which period of time, the party holding such permit shall be deemed to be in violation of the provisions of this article. The fees established in Section 18-214 shall not be applicable to the permits required by this section. 18-213. The Ringlemann Chart. The standard by which the density of smoke is to be measured will be the Ringlemann Chart, published by the United States Bureau of Mines. `17ich is hereby made a part of this article by reference. Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate 1 1 CONSOLIDATED-SALINA the density of the smoke. Observation distances shall be not less than one hundred (100) feet nor more than one-quarter NO mile from the smoke observed. 18-214. Fees. The fees to be charged by the Building Official for the various permits required herein shall be Three Dollars ($3) each, with the exception of annual inspection fees, which shall be, for the initial inspection, Five Dollars ($5) and for all subsequent inspections, Three Dollars ($3). 18-215. Penalties Any person, firm or corporation found violating the provisions of this article shall, upon conviction thereof, be fined not to exceed Two Hundred Dollars ($200) for each violation thereof, and be subjected to imprisonment for not to exceed thirty (30) days. Offenses on separate days shall be deemed to be separate offenses for the purposes of this article. Any abatement hereinbefore provided for shall be in addition to any penalties prescribed in this section. 18-216. Separate In the event that any section, subsection or any portion of this article shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this article. Article 3. Trespassing Nuisances 18-301. Nuisance 18-302. Duty of Police 18-303. Penalty NOTE: This is commonly known as the "Green River Ordinance". See Breard v. Alexandria, 341 U. S. 622, 95 L. ed. 1233, 71 S. Ct. 920, 35ALRN335, reh;den. 342 U. S. 843, 96 L. ed. 637, 72 S,Ct. 21. 13-301. Nuisance. The practice of going in and upon private premises in the City of Salina, by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences,for the purpose of soliciting orders for the sale of goods, wares and mer- chandise, and/or for the purpose of disposing of and/or peddling or hawking the some, is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. (R. O. 1948, 14-401) I 1 C ON S(ILIDATED-.SALINA 18-302. Duty of Police. The Chief of Police and police force are hereby required and directed to suppress the same, and to abate any such nuisance as is described in the preceding section. (R. O. 1948, 14-402) 18-303. Penalty Any person convicted of perpetrating a nuisance as described and pro- j i hibited in the first section of this article shall be fined in any sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100). (R. O. 1948, 14-403) Article 4. Weeds and Other Obnoxious Growths 18-401. Weeds and Other Obnoxious Growths: To Be Cut or Destroyed 18-402. Weeds and Other Obnoxious Growths: _ I Public Nuisance; City May Cut or Destroy 18-403. Interference with City Cutting Unlawful 18-404. Accounts of Costs of Cutting; Assessment , 18-405. Penalty 18-406. Exceptions io-407. When City May Bear Expense of Cutting Weeds and Vegetation NOTE:, G. S. 13-440. 13-401. Weeds and Other Obnoxious Growths: To Be Cut or Destroyed. It shall be un- lawful for any owner, occupant or other person in charge of any lot or piece of land within the City of Salina to permit the growth thereon and in the streets and alleys in front of and abutting upon any such lot or piece of land of weeds, rank grass or other obnoxious growths of vegetation and it shall be the duty of every owner, occupant or person in charge of any such lot or piece of land within the City of Salina to cut and destroy all weeds, rank grass or other obnoxious growths of vegetation thereon and in the streets and alleys in front of and abutting upon any such lot or piece of land. (R. O. 1948, -14-501) 18-402. Weeds and Other Obnoxious Growths• Public Nuisance• City May Cut or Destroy, The existence of weeds, rank grass or other obnoxious growths of vegetation on any lot ' I or piece of land and in the streets and alleys in front of and abutting upon any such lot or piece C ON601. IDATED-SALINA 1 1 F1 of land within the City of Salina is hereby declared to be a public nuisance and in the event of the failure of the owner, occupant of person in charge of any such lot or piece of land to cut and destroy such weeds, rank grass or other obnoxious growths of vegetation thereon, and in the streets and alleys in front of and abutting upon any such lot or piece of land, it shall be the duty of the Superintendent of Streets to proceed to cut and destroy all such weeds, rank grass or other obnoxious growths of vegetation found by him on any lot or piece of ground in the City of Salina. (R. O. 1948, 14-502) 18-403. Interference with City Cutting Unlawful. It shall be unlawful for any person, owner or occupant or person in charge of any lot or piece of land in the City of Salina to interfere with or to attempt to prevent the Superintendent of Streets or any person employed or designated by him to cut and destroy any such weeds, rank grass or other obnoxious growths of vegetation from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. (R. O. 1948, 14-503) 18-404. Accounts of Costs of Cutting{ Assessment. The Superintendent of Streets shall keep an account of the cost of cutting and destroying the weeds, rank grass or other obnoxious growths of vegetation on each such lot or piece of ground and in the streets and alleys in front of andabuttingupon any such lot or piece of land in the City of Salina, and shall report the same to the City Clerk and such cost shall be, by ordinance, assessed against each such lot or piece of land and such special assessments shall be, by the City Clerk, certified to the County Clerk to be collected in like manner as other taxes and special assessments are collected according to law. (R. O. 1948, 14-504) 18-405. Penalty, Any person who shall violate any of the provisions of this article shall, be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum not less than Five Dollars ($5) nor more than Twenty-five Dollars ($25) for each offense. This provision shall be in addition to any other provision contained in this article, and the assessment of the cost of cutting and destroying any weeds, rank grass or other obnoxious growths of vegetation against any lot or piece of land shall not be deemed to and shall not prevent the assessment of the penalty provided for in this section against any person found guilty of violating the provisions of this article. (R. O. 1948, 14-505) CONSOLIDATED-SALINA 1 1 1 j 18-406. Exceptions. Nothing in this article shall apply to field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba) and Johnson grass I (Sorghum halepense) if such grass is declared to be a noxious weed by the Board of County Com- missioners, the eradication of which is provided for in Article 13, Chapter 2 of the General i Statutes of 1949 and amendments thereto. (R. O. 1948, 14-506) 18-407. When City May Bear Expense of Cutting Weeds and Vegetation. Whenever the Health Department determines that the growth of weeds and vegetation has become a menace j to the public health and welfare, and so advises the Governing Body, the Governing Body shall order the cutting and removal of such weeds and vegetation at the expense of the city. (G..S. Supp. 13-440a), CONSOLIDATED-VALINA 1 1 1 CHAPTER XIX. OIL AND GAS Article 1. Oil and Gas Wells Article 2. Fencing of Storage Facilities Article 1. Oil and Gas Wells 19-101. Permit to Drill Oil or Gas Well Required 19-102. Application for Permit 19-103. Bond or Deposit 19-104. Filing Fee; Granting of Permit 19-105. Refusing Permit 19-106. Pipe Lines; Slush Ponds; Fence 19-107. Removing Equipment 19--108. Applicant Must Have Right to Drill 19-109. Landowner's Rights 19-110. Term of Permit 19-111. Penalty 19-112. Saving Clause 19-101. Permit to Drill Oil or Gas Well Required. No person, persons, partnership or corporation shall commence the drilling of a well for oil or gas within the city limits of the City of Salina without first having procured from the city a permit therefor to be issued by authority of the Board of Commissioners in accordance with the terms and conditions of this sarticle. (R. O. 1948, 15-101) 19-102. Application for Permit. Before any permit shall be granted for the commence- ment of a well for the production of oil or gas, an application therefor shall be filed with the City Clerk; such application shall show: (1) That the applicant has good and valid oil and gas leases from property owners covering at least a ten -acre tract. (2) Evidence of agreement in writing between the lessee or lessees, and the lessors, if more than one, providing for a pooling of all royalties arising from said production on said tract, to be distributed to the property owners in accordance with the number of acres of each owner in the said tract. CONSOLIDATED-SALINA (3) Such application shall be accompanied by a plat or map of such tract showing the j proposed location of said well, which location shall in no instance be closer than three hundred (300) feet of any boundary line of said tract unless by the unanimous vote of the Commissioners but not upon any street or alley; such map shall show the location of each residence upon said tract and all improvements. (4) A drilling agreement providing adequate protection to the parties in interest, by enclosing the drilling rig on all sides, equipping the same with adequate fire extinguishers, which are to be kept in good order; including a reasonable and adequate plan for the handling of the slush, basin sediment and salt water that may be produced in the drilling of said well; and facilities for handling production to the end that it may not be necessary to store oil on said area in excess of five hundred (500) barrels per well; such agreement or agreements shall make further provisions that in the event the well is a dry hole, ornonproductive of either oil or gas, all materials, equipment, tools and machinery of every kind and character shall be removed therefrom within sixty (60) days and the premises fully restored to their original condition as nearly as practicable. (R, 0. 1948, 15-102) 19-103. Bond or Deposit. A good and sufficient surety bond, signed by applicant and by a corporate surety authorized to do business in the State of Kansas, or a cash deposit . in such amount as deemed sufficient by the Board of Commissioners, but in no event less than One Thousand Dollars ($1,000) shall be tendered to said Board and approved by the City Clerk prior to the issuance of a permit pursuant to the terms of this article, conditioned upon faithful compliance with the terms and conditions of this article, and further conditioned upon saving and holding the city free and harmless from any damager.sultrng-to said city as a result of drilling, pumping, repairing or other operations by permittee, the laying of pipe lines, the setting of tanks or as result of moving of machinery and equipment over any street in the city: Pra-d, That the permittee or his or its assigns shall pay the annual premium due upon said surety bond within ten (10) days following expira- tion of each annum and file a receipt therefor in the office of the City Clerk: Provided,further, That each permittee shall carry and maintain pub) is Iiabil ity insurance on each wel I or group of wells indemnifying payment of not less than Twenty Thousand Dollars ($20,000) property damage for any one accident and payment of renewal premiums thereon with the City Clerk: Provided That up:,n default by permittee in complying with any provisions of this article, the said Board may revoke any such permit, after five (5) days' notice to permittee by registered mail and thereupon permittee shall cease and desist from all operations under and pursuant to any such permit. (R. O. 1948, 15-103, Ord. 5612, Sec. 1, 1-25-52) CONSOLIDATED-SALINA 1 1 19-104. Filing Fees; Granting of Permit. The application, as herein provided, shall be filed with the City Clerk and a fee therefor of Twenty-five Dollars ($25) shall be required. Upon the filing of said application, the same shall be considered by the Board of Commissioners and if said Board of Commissioners shall deem such application adequate and the drilling of said well not injurious to public or private property, the same shall be granted. If a permit is denied, the said filing fee of Twenty-five Dollars ($25) shall be refunded to the applicant. (R. O. 1948, 15-104) 19-105. Refusing Permit. The Board of Commissioners shall have the power and reserves the authority to refuse any application for a permit where by reason of the proposed application for the proposed well, and character and value of the permanent improvements already erected on the tract applied for, or adjacent thereto, and the uses to which the land and surroundings are adapted for civic purposes or for sanitary reasons, the drilling of a gas or oil well. will be a serious dis- advantage to the city and to its inhabitants as a whole; ECgvidPd, That when a permit shall be refused for any of these reasons, but not otherwise, the deposit or cash.paid with the application shall be returned to the applicant. Except as hereinbefore provided, if any application be found by the Governing Body to comply in al I respects with the article, the City Clerk shal I be authorized to issue a permit for the drilIing of the well provided for, and the permit shat) specify the particular location of the well to be drilled, and it shall be unlawful for the permittee to drill elsewhere in the tract. (R. O. 1948, 15-105) 19-106. Pipe Lines.; Slush Ponds; Fence. In operating under any permit issued under this article or any amendment thereto, all oil, gas and water produced or arising from the operations, shall be piped or otherwise conveyed or removed from the limits of the city except the ordinary use of a slush pond and the temporary storage of not to exceed five hundred (500) barrels of oil for each well; and all excavations and slush ponds shall be completely enclosed with six (6) foot woven wire fence. The laying of any pipe lines by any permittee shall be done under the supervision of the City Engineer. (R. O. 1948, 15-106) 19-107. Removing Equipment. It shall be the duty of every person, firm or corporation to whom a permit may be issued, as provided in this article after the well has been drilled in the event the same is a dry hole or abandoned, to remove the derrick, drilling tools, equipment and machinery from the location of the well and to restore the premises to their original condition, as nearly as it is practical so to do and to see that the well is properly plugged. In the event oil or gas is produced from such well, then it shall be the duty of the holder of the permit upon the com- pletion of the drilling of the well to remove all machinery, equipment and material not necessary CONSOLIDATED-SALINA to be retained for use in the production of the oil or gas from such well, and insofar as can be done, consistent with the production from such well to restore the premises to their original condition as nearly as practical. All of which, either in the event of a dry hole or a producing well, shall be done within sixty (60) days after the completion of the drilling of the well. (R. O. 1948, 15-107) 19-108. Applicant -bust Have Right to Drill . No permit shall be granted or issued for the drilling of a well except upon ground held by the applicant under oil and gas mining lease, or grant, or drill ing contract from the owner giving the owner's permission to drill the well; and when a permit shall have been issued, the same shall terminate and become inoperative without any action on the part of the Board of Commissioners, unless within sixty (60) days from the date of issue of such permit actual drilling of the well shall have been commenced, and after the drilling of a well shall have commenced, the cessation for a like period of the drilling operations shall cancel the permit, and the well shall be considered as abandoned for all purposes of this article and it shall be unlawful thereafter to continue drilling of such well without the issuance of another permit. (R. O. 1948, 15-108) 19-109. Landowner's Rights. Neither this article nor any permit issued hereunder. shal I be interpreted to grant any right or I icense to the permittee to enter upon or occupy in any respect in the driI I ing or production operations, any land except by the written consent of the owner; nor shal I it I imit or prevent the free right of any landowner to contract for the amount of royalty to be paid with respect to his own land. (R. O. 1948, 15-109) 19-110.- Term of Permit: No permit which shall be issued under this article or under any amendment thereto, or any rights, privileges or franchise granted hereby or hereunder, shall exist longer than for a period of ten (10) years from the date of the issuance of the permit or as long thereafter as oil and/or gas is produced from the tract. (R. O. 1948, 15-110) 19-11 1 . Penalfi,. Any violation of any of the provisions of this article whether herein denominated as unlawful or not, shall be deemed a misdemeanor, and any person or corporation convicted of any such violation shall be fined in a sum not exceeding Five Hundred Dollars ($500), and any person so convicted shall be committed to jail until such fine and costs are paid. Each day of the continuance of any such violation shal I be considered a separate offense and any person, agent or employee engaged in any such violation shall, upon conviction thereof, be so punished therefor. (R. O. 1948, 15-111) CONSOLIDATED-SALINA 1 1 1 19-112. Saving Clause. If any section of this article shall be held invalid for any reason it shall not affect the validity of any other section of the article, or of the remainder of the article as a whole, and it shall be conclusively presumed, in such event, that the Board of Commissioners would have passed such article notwithstanding the invalidity of such section or sections. (R. O. 1948, 15-112) NOTE: See G. S. 13-434; 124 Kan. 713; 24 F. (2d) 541; 32 F. (2d) 134; 280 U. S. 733; 134 Kan. 59; 136 Kan. 254; 141 Kan. 97; 141 Kan. 783. Article 2. Fencing of Storage Facilities 19-201. Fences 19-202. Prohibition 19-203. Penalty 19-204. Supplemental to Article 1 19-201. Fences. All crude petroleum tank batteries, including, but not limited to, receiving tanks, storage tanks, catwalks and diked areas and all pump jacks and motors shall be securely and permanently fenced by a six. (6) foot chain I ink fence, topped by three (3) strands of barbed wire. Any gate installed for operative use in such fence shall be designed of like or equivalent material and shall be securely locked at all times and adaptable to opening only by key. (Ord. 59491 Sec. 1, 4-22-55) 19•-202. Prohibition. Production of crude petroleum from subsurface within the City of Salina, except after strict compliance, as a condition precedent, with the requisites of Section 19-201, is hereby prohibited. (Ord. 5949, Sec. 2, 4-22-55) 19-203. Penalty Any person violating any of the provisions of this article or any person failing to strictly comply with its requisites shall be deemed to be guilty of a public offense and fined not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500). Each day of violation is hereby declared to be a separate offense. (Ord. 5949, Sec. 3, 4-22-55) 19-204. Supplemental to Article 1 . This article shall be supplemental to and shall not supersede in any way the provisions of Article 1 of this chapter. (Ord. 5949, Sec. 4, 4-22-55) 1 1 CDNSQLIDATED•SALINA j CHAPTER XX. PARKS i Article 1. Swimming Pools I Article 2. Offenses in Parks I Article 1. Swimming Pools 20-101. Municipal Swimming Pool: Persons Prohibited 20-102. Duty of Officers 20-103. Disorderly Conduct 20-104. Rules and Regulations 20-105. Penalty Ref.: Traffic Speed in Parks, 2 7- 70 /, 20-101. Municipal Swimming Pool: Persons Prohibited. It shall be unlawful for any persons having any skin disease, open sores, or cuts, or any communicable disease to enter any municipal swimming pool located in any park in the City of Salina. (R. O. 1948, 16-101) 20-102. Duty of Officers. It shall be the duty of the manager of any municipal swimming pool or of any lifeguard or other employee thereof, or any police officer, to prohibit the admission of any person described in Section 20-101 of this article or whose appearances indicate the existence of any disease mentioned in said section, from entering the swimming pool and to remove from the swimming pool any such person who may have entered the same without the knowledge or over the objection of said manager, employee or officer. (R. O. 1948, 16-102) 20-103. Disorderly Conduct. Any person who shall conduct himself or herself in a disorderly or indecent manner in or about any municipal swimming pool shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided for and shall be removed from said pool, or from the park, on order of the manager of said pool, and may, in the discretion of such manager, be thereafter refused admission to said pool. (R. O. 1948, 16-103) 20-104, Rules and Regulations. The Park Superintendent shall prepare a set of -rules and regulations governing the use of the parks, swimming pools and the dressing rooms, and the conduct of persons therein, and shall change or amend such rules or regulations from time to time as the need therefor may arise, any such amendment or changes shall be submitted to the Board of Commissioners for their approval. After such approval, such rules shall be printed and posted in conspicuous places in the dressing rooms, toilets and other places in and about said parks and pools, CONSOLIDATED-SALINA 1 and after such posting, any violation of such rules shall be considered a violation of the provisions of this article, and any person violating the same shall be refused admission to or removed from the pool, as the case may require. (R. O. 1948, 16-104) i 20-105. Pew Any person violating any of the provisions of this article or any of i the rules posted by the Superintendent in accordance with the provisions of this article shall be I deemed guilty of a misdemeanor and shall be fined in any sum not exceeding Fifty Dollars ($50) for each offense. (R. O. 1948, 16-105) Article 2. Offenses in Parks 20-201. Destroying Property, Flowers and Shrubs 20-202. Refuse Not to be Left in Parks 20-201 . Destroying Property, Flowers and Shrubs. It shal I be unlawful for any person willfully and without authority to cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs or trees growing in any public park within the City of Salina, or willfully to bring into any public park within the City of Salina, any dogs, either loose or on a leash, or any other animals which while in any public park may injure in any manner whatsoever, flowers, flowering plants, shrubs or trees growing in such public park, or willfully and without authority to tear down, remove, cut or otherwise injure or destroy any stand, bench, seat or other property situated upon such park. 2C-202. Refuse Not to be Left in Parks. It shall be unlawful for any person to leave or deposit any filth, slops, offal, garbage, sewerage, refuse, vegetable' or animal matter or any other thing whatever that is detrimental to the public health, or any sweepings, rags, excrement, compost, waste paper, paper, plastic, wood or other containers, excelsior, straw, hay, shavings; barrels, boxes, wooden crates, lumber, ashes, vegetables or litter of any kind except the same be placed in receptacles provided for that purpose. CONSOLIDATED-SALINA 1 1 1 CHAPTER XXI. PLANNING AND ZONING Article.l. Planning Article 2. Zoning Article 1. Planning_ 21-101. City Planning Commission Created 21-102. Members of Commission; Appointment 21-103. Organization of Commission 21-104. Master City Plan 21-105. Improvements Required to be Approved by City Planning Commission 21-106. Plats; Subdivision of Land 21-107. Building Permits; Plats, Dedications and Deeds 21-108. Building or Setback Lines for Major Streets or Highways 21-109. Former Plans, Ordinances and Regulations 21-110. Development of Master Plan Outside City Limits; Acquisition of Rights of Way And Lands 21-111. Plats Approved by Board of Commissioners; Filed with Register of Deeds 21-112. City Open Streets; Plats Illegal 21-113. Fee for Platting or Replotting 21-114. Fee for Change in Zoning 21-101. City Planning Commission Created. There be and there is hereby created a com- mission to be known as the City Planning Commission of the City of Salina. (R. O. 1948, 1-1101; G. S. 12-701) 21-102. Members of Commission.Appointment, The City Planning Commission shall consist of nine (9) members, all of whom shall be taxpayers of which number two members shall reside outside of but within three (3) miles of the corporate limits of the City of Salina, and the remaining members CONSOLIDATED-SALINA 1 7 shall be residents of the City of Salina and shall be appointed by the Mayor, by and with the consent of the Board of Commissioners. Said members shall serve for terms of three (3) years from the first day of May of the year in which they are appointed: Provided. That vacancies caused by death, resigna- tion or other disability of any member shall be filled for the unexpired term only. The members of such Commission shall serve without compensation and shall perform the duties and have the powers hereinafter provided for: Provided further, That the members of the City Planning Commission now holding office as such shall continue to hold such offices as members of the Commission hereby created until the expiration of the terms for which they were heretofore appointed. (R. O. 1948, 1-1102; G. S. 12-702) 21-103. Organization of Commission. The members of the City Planning Commission shall meet at least once a month at such time and place as they may fix by resolution. They shall select one of their number as chairman and one as vice chairman, who shall serve one (1) year, or until their successors have been selected. Special meetings may be called at any time by the chairman or in his absence by the vice chairman. A majority of the Commission shall constitute a quorum for the trans- action of business. The Commission shall cause a proper record to be kept of its proceedings. (R. O. 1948, 1-1103; G. S. 12-703) 21-104. Master City Plan. It shall be the duty of the Planning Commission to make or cause to be made, and to adopt, a master city plan for the physical development of the municipality, and of any land out`s'ide of the municipality, which in the opinion of the Commission bears relation to the planning of the municipality. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the Commission's recommendations for the development and redevelopment of said territory, including the general location, character, and extent of streets, alleys, sewers, ways, viaducts, bridges, subways, parkways, parks, playgrounds, waterways, water fronts, boulevards, squares, aviation fields, and other public ways, grounds and open spaces, the general location of public build- ings and other public property, and the general location and extent of public utilities and terminals; also the removal, location, widening, narrowing, vacating, abandonment, change of use or exten- sion of any public ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location, use and intensity of use of buildings and premises. The Planning Commission may, from time to time, amend, extend or add to the master plan, and may publish all or parts thereof. In the preparation of such master plan, the Planning Com- mission shall make or cause to be made careful and comprehensive surveys and studies of present con- CONSOLIDATED-SALINA I 1 1 ditions and trends of future growth of the municipality to any neighboring territory. The plan shall be made and used for the general purpose of building and accomplishing a co-ordinated, adjusted and harmonious development or redevelopment of the municipality and its environs which will, in accord- ance with the present and future needs, best promote the health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development or redevelopment; including adequate provisions for traffic, the promotion of safety from fire or other dangers, adequate provisions for light and air, the promotion of the healthful and convenient dis- tribution of population, the promotion of good civic design and arrangement, wise and efficient ex- penditure of public funds, and the adequate provision of public requirements. The Planning Commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt parts of the plan, said parts corresponding with the major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the city plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension or addition, the Planning Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in the official city paper. The adoption of the plan or of any part or amendment or extension or addition shall be by resolution of the Planning Commission carried by the affirmative votes of not less than a majority of the entire member- ship of the Planning Commission. The resolution shall refer expressly to the maps and other descriptive matter intended by the Planning Commission to form the whole or part of the plan, and the action as taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman and secretary of the Planning Commission. An attested copy of the plan or part thereof as adopted and approved shall be certified to the Governing Body and to all legislative and administrative agencies affected by the plan. (G. S. 1959 Supp. 13-1109) 21-105. Improvements Required to be Approved by City Planning Commission Whenever the Planning Commission shall have adopted and certified the master plan of the municipality or of one or more major sections or districts thereof, then and henceforth no improvement of a type embraced within the recommendations of the master plan or portion thereof shall be constructed without the proposed plans of improvement thereof ;first being submitted to the Planning Commission for their study and report. If the Planning Commission does not make a report within thirty (30) days, the project shall be deemed to have been approved by the Planning Commission: Errovided, In case of disapproval, the Planning Com- mission shall submit forthwith in writing the cause of such disapproval to the Governing Body sponsoring the improvement, and such Governing Body may, by a recorded vote of two-thirds (2/3) majority of its membership, overrule the disapproval of the Planning Commission. (G. S. 13-1110) CONSOLIDATED-SALINA 1 1 21-106. Plats; Subdivision of Land. Whenever the Planning Commission shall have adopted a major street plan and shall have filed a certified copy of such plan with the governing bodies, then no plat of a subdivision of land lying within the city for which such major street plan has been prepared, or within three (3) miles of the corporate limits thereof, shall be filed or recorded until it shall have been approved by such Planning Commission and Governing Body and such approval entered in writ- ing upon the plat by the chairman and secretary of the Commission and the Mayor and City Clerk: )lavi,�; If the Planning Commission or Governing Body does not act within sixty (60) days after the plat has been submitted to it for action, then such plat shall be deemed to have been approved by it and a certificate to that effect shall be issued upon demand: Provided ho.,6Lezyer, That the applicant for approval of said plat may waive this limitation herein contained and consent to an extension of such period: EEQyided_ further, That the Planning Commission shall adopt rules and regulations governing the subdivision of land within such city and within three (3) miles thereof, which rules and regulations shall be subject to approval by the Governing Body of the city. Such rules and regulations shall pro- vide for the harmonious development of the city and its environs; for the proper location and width of streets, for building lines, open spaces, safety and recreational facilities, and for the avoidance of congestion of population; including minimum width, depth and area of lots. Such rules and regulations shall also include the extent to -which, and the manner in which, streets shall be graded and improved, and shall also include the extent to which water, sewer and other utility mains and piping or connections or other physical -improvements shall be installed. Such rules and regulations may provide that in lieu of the completion of such work and installations previous to the final approval of the plat, the Planning Commission and Governing Body may accept bond in the amount and with or without surety and with conditions satisfactory to them, providing for and securing to the city or proper governing body, the actual construction of such improvements and utilities, and the Governing Body is hereby granted the power to enforce such bond by all equitable remedies. Before the adoption of the subdivision rules and regulations or any amendment thereof, a public hearing shall be held thereon by the Planning Commission: E,gvi_ ded. That a notice of such hearing shall be published fifteen (15) days prior to the date of such hearing in a newspaper having general circulation in the municipality. (G. S. 1959 Supp. 13-1111) 21-107. Building_ Permits; Plats, Dedications and Deeds. No building permit shall be issued for any structure that is located upon a lot in a subdivision that has been subdivided after the date of the adoption of the rules and regulations by the Planning Commission and Governing Body, but not approved in the manner provided for in this article. And no such plat or replat or dedication or deed of CONSOLIDATED-SALINA 1 1 1 street or public way shall be filed with the Register of Deeds as provided by law until such plat or replat or dedication or deed shall have endorsed on it the fact that it has been submitted first to the City Planning Commission and by the City Planning Commission to the Governing Body of such city and by such Governing Body duly approved. (G. S. 1959 Supp. 13-1112) 21-108. Building 9E Highways. Whenever the plan for a major street system has been adopted and properly filed, the Governing Body of the city, upon recom- mendation of the Planning Commission, is hereby authorized and empowered to establish, regulate and limit, by ordinance, building or setback lines on such existing and proposed major streets or highways, and to prohibit any new building being located within such building or setback lines, in the corporate limits of the city. The Governing Body of the city shall provide for the method by which this section of the article shall be enforced. The Board of Zoning Appeals shall have power to modify or vary the setback regulations in specific cases, in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided, yet the intended purpose of the regulations shall be strictly observed and the public welfare and public safety protected: Provided, however, That setback regulations shall not be adopted, changed or amended until a public hearing has been held thereon, fifteen (15) days' notice prior to the time and place of such hearing shall have been published in the official city paper. The powers of this section shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted. (G. S. 13-1113) 21-109. Former Plan, Ordinances and Regulations- Any master plan, zoning ordinance or subdivision regulations heretofore adopted under the provisions of Article 7 of Chapter 12 of the General Statutes of 1949, shall continue in force and effect the same as though adopted under the provisions of Sections 13-1108 to 13-1114, both sections inclusive, of the General Statutes of 1949, and amend- ments thereto, until the same are modified or a new master plan, zoning regulations or subdivision regulations are adopted as provided by said Sections 13-1108 to 13-1114 as amended. (G. S. 1959 Supp. 13-1114a) Lan s When the city shall have adopted a master street plan for the city and its environs, as provided by Section 13-1109 of the General Statutes Supplement of 1959, or any amendments thereto, it may develop such master street plan outside the corporate limits and within three (3) miles thereof in accordance with agreements entered into pursuant to Section 68-169 of the 1959 Supplement to the General Statutes of 1949. The Governing Body is further authorized to acquire the necessary rights of CONSOLIDATED -SALIVA 1 1 1 way and lands for such roads and highways by purchase, gift, dedication or condemnation as provided by law for opening, widening, extending or improving streets, and to pay the necessary costs of such acquisition in the same manner as provided by law for streets within the corporate limits of the city. (G. S. 1959 Supp. 13-1114b) Plats Approved by Boardof Commissioners; Fi - • With Register of - - • person or corporation desiring to subdivide any tract of land within or touching the boundary line of the city shall plat the same so as to conform to plats, streets and alleys of said city next adjoining said land, and shall submit the plat thereof, together with an abstract of title to the Governing Body of said city for approval before filing said plat in the office of the Register of Deeds. No reservation shall be made in the dedication of the streets, alleys or public grounds by said grantor in any such streets, alleys or public grounds for any purpose whatsoever. When any such plat is filed with the Board of Commissioners for approval the same shall be referred to the City Planning Commission for their recommendation, as provided by Section 21-106 of this article. No plat or any land of which the streets and alleys do not conform to the streets and alleys next adjoining shall be legal unless the same shall be submitted to the Board of Commissioners and by such Board of Commissioners approved, or if any reservation is made by the grantor in any street, alley or public ground contained in any such plat. (R. O. 1948, 1-1106; G. S. 13-1413) 21-112. City Open Streets; Plats Illegal. Whenever any plat is filed, the streets or alleys of which do not conform to the streets and alleys of the City of Salina previously platted and next adjoining such plat, the City of Salina shall have the right, if such plat was not duly approved by the Board of Commissioners, to open any street or alley through such land, which may conform to the streets or alleys adjoining such plat, and in opening any such street such plat shall be regarded as not having been filed, and the owners of the property through which such streets or alleys are opened, or of any other property affected by such opening, shall have recourse for such damages as they may sustain against the grantor or grantors in said plat in accordance with the provisions of Section 13-1413 of the General Statutes of Kansas, 1949. (R. O. 1948, 1-1107; G. S. 13-1413) 21-113. Fee for Platting or Replatting. Any person, firm, association or corporation submitting a plat or replat to the City Planning Commission for its consideration shall at that time pay to the City Clerk a fee of One Hundred Dollars ($100). (Ord. 6337, 6-2-59) 21-114. Fee for Change in Zoning. Any person, firm, association or corporation submitting a petition to the City Planning and Zoning Commission for its consideration to amend, supplement, CONSOLIDATED-SALINA 1 1 Ll change, modify or repeal the zoning district map of the City of Salina, Kansas, shall at that time pay to the City Clerk a fee of Twenty-five Dollars ($25). (Ord. 6336, 6-2-59) Article 2. Zonina It is anticipated that the Zoning Ordinance will be revised in the near future. It is, therefore, omitted. CONSOLIDATED -SALIVA 1 1 1 CHAPTER XXII . POLICE DEPARTMENT AND MERCHANT POLICE Article 1 . Police Department Article 2. Police Benefit Fund Article 3. Merchant or Private Police Article 1 Police Department 22-101. Police Department; Personnel 22-102. Duties 22-103. Regulations 22-104. Hours of Duty 22-105. Powers of Police; Bail; Deposit; Complaint 22-106. Arrest; Custody; Bail 22-107. Record of Bail Bonds and Cash Deposits 22-108. Duty of Chief of Police as to Such Record 22-109. Acceptance of Bail Bond or Deposit; Duty of Police Officers 22-110. Fee on Tendering Bail Bond or Making Deposit.; Disposition Ref.: Administration, Chap. Art. 3 ; Confining Prisoners, Sec. Duty at Fires, Sec. /1-M7 ; Feeding Prisoners, Sec. /6-Zn4; Police Court, Chap. 10, Art. 2; Working Prisoners, Sec. /d-,?py NOTE: G. S. Chap. 13, Art. 6 G. S. 21-2501 Police Retirement or Pension System, G. S. 1959 Supp. Chap. 13, Art. 14a. CONSOLIDATED -SALIVA 1 1 23L-101. Police Department; Personnel, There shall be in the Police Department a Chief of Police; assistant chiefs of police, who shall be designated as and have the rank of Captains of Police; desk sergeants; and such other policemen, including patrolmen, plain clothes men, traffic officers, motorcycle officers and other special officers, as the City Manager may from time to time appoint. (R. O. 1948, 17-101) 22-102. Duties. The Chief of Police shall perform the duties and exercise the powers as are prescribed or authorized by law or ordinance, and as may be assigned by the City Manager. The Chief of Police may at any time suspend any officer, without pay, for any cause which he may deem sufficient, and relieve him of his badge and other insignia, pending dismissal or reinstatement by the City Manager. All other police officers shall perform the duties and exercise the powers as are pre- scribed or authorized by law or ordinance or as may be assigned to them by the Chief of Police. (R. O. 1948, 17-102) 22-103. Regulations. The Chief of Police shall from time to time make and post in the police headquarters such rules and regulations relating to the conduct of the Police Department and of the police officers as he may deem necessary. The Chief of Police may also issue, amend and revise duty manuals for the Department and such manuals shall be obeyed by all members of the Department. All police officers while on duty shall wear the regulation police badge, cap, and insignia, all to be furnished by the city, and a uniform to be furnished by the officer which shall be approved by the Chief, except that in the discretion of the Chief, any officer may at any time be ordered on duty in plain clothes. Any officer shall have authority and shall be required at any time, whether on or off regular duty.. to perform the duties required of him by law or ordinance, or the orders of the Chief of Police. (R. O. 1948, 17-103) 22-104. Hours of Duty. The Chief of Police shall apportion the officers in his Department into three (3) shifts of eight (8) hours each, so that each officer shall be on regular duty eight (8) hours each day and shall make such rules and regulations relating to the hours of duty and the change of shifts as may be reasonable and necessary and each shift shall be in charge of either the Chief of Police or one of the captains to be designated by the Chief, and the captain so designated shall be acting Chief of Police in the absence of the Chief of Police: PrQZ'ded,, That wherever he deems it necessary the Chief of Police may order any police officer to remain on duty or to report for duty at any time, in addition to the eight (8) hours herein provided for. (R. O. 1948, 17-104) CONSOLIDATED-SALINA 1 D Ll 22--105. Powers of Police; Bail;;De sit; Complaint. The Chief or any other policeman shall at all times have power to make or order an arrest upon view of any offense being committed, with or without process, for any offense against the laws of the state or ordinances of the city, and bring the offender, if the offense is against an ordinance, before the Police Court for trial, if said court be in session. If the Police Court be not in session, the Chief or other officer making the arrest for an offense against the ordinances, with or without process, shall immediately take the person arrested to the city prison, and the Chief or jailer or any other officer in charge of the city prison shall, if the defendant is arrested under a warrant issued by the Police Judge, in or upon which warrant it shall appear that the person arrested is to be admitted to bail in a specified sum, take the bail and discharge the defendant from actual custody. If any person be arrested for any offense against the ordinances without a warrant, the Chief of Police shall, in the absence of the Police Judge, fix the amount in which the person arrested may give bail for his appearance before the Police Court for trial at the next session thereof after the arrest, and the Chief or jailer or other officer in charge of the city prison shall take the bail and discharge the person from custody. The defendant may, in the place of giving bail as hereinbefore provided, deposit with the Chief or jailer or other officer in charge of the city prison, or with the Police Judge, the sum of money fixed as his bail, and be discharged from custody. And if the offense for which the person is arrested is against a state law, the defendant shall be immediately turned over to the sheriff of the county: Proms, That any person arrested for any offense without process shall be entitled, on demand before trial, to have a complaint filed on oath in writing, and such person shall not at the time be tried for any other offense than that for which he was arrested and for which the complaint is filed. If money has been deposited instead of bail, and the defendant at any time before the forfeiture thereof shall give sufficient bail or bond, or shall surrender himself in open court or to the Chief of Police, or be in any manner legally discharged, the Police Judge shall order a return of the deposit, and the Chief, jailer or other person taking the deposit shall immediately return the same to the person making such deposit and take a receipt therefor. (G. S. 13-623) Ref.: Sec. 22-109. 22-106. Arrest; Custody; Bail. The Chief or other police officer or policeman of the city shall have power to arrest all offenders against the laws of the state or city by day or by night, and keep them in the city prison or other place to prevent their escape until a trial can be had before the proper court: ,,EMyiJed, That no person shall be imprisoned or held in custody after giving bail, or making a cash deposit in Iieu thereof, as provided in this article. (G. S. 13-625) CONSOLIDATED-SALINA C� 1 1 22-107. Record of Bail Bonds and Cash Deoo�ts. The Police Department shall keep at the headquarters thereof, a full and complete record of all bail bonds, or cash deposits for the appearance of persons under arrest, by said Department, giving the amount of said bail bond, and the name of the principal and sureties thereon, and the date of the approval of the same, name of the officer taking and approving such bond; and also the amount of any cash deposit made with such Department in lieu of a bail bond, together with the name of the person for whose appearance said deposit is made, the name of the person making the said deposit, and the name of the officer accepting such deposit, in a book to be kept there for such purpose. (G. S. 1959 Supp. 13-2304) 22-108. Duty of Chief of Police as to Such Record. It shall be the duty of the Chief of Police of the city to keep or cause to be kept the record provided for in the foregoing section; and it is further made the duty of said city to furnish to its Police Department suitable books, blanks and envelopes for the keeping of such records. (G. S. 13-2305) 22-109. Acceptance of Bail Bond or Deposit; Duty of Police Officers. It shall be the duty of the Police Judge or in his absence Police Captain, sergeant or other officer in charge of the stations to which a person under arrest is brought, immediately upon his acceptance of a bond for the appearance of such person to endorse thereon his approval of the sufficiency of the same, and in the event of his acceptance of any deposit of money in lieu of such bond, to enclose said money in a sealed envelope, and to endorse there a statement of the name of the person for whose appearance such deposit is made, the amount of such deposit, the name of the person making such deposit, the date of such deposit, the date for the appearance of said person, which statement shall be signed by said officer taking such deposit. Upon the approval of any such bond, or the taking of any such money deposit, the Police Judge, or police officer approving such bond, or taking such money deposit, shall at once record the facts concerning the same, as set forth in Section 22-107 of this article, upon a blank furnished to said Police Department for such purpose, which statement properly signed shall be, together with said bond or said cash deposit, by said Police Judge or police officer, filed with the Chief of Police, within twenty-four (24) hours from the time of the approval of said bail bond, or the taking of such cash deposit. (G. S. 13-2306) 22-110. Fee on Tendering Bail Bond or Making Dep-Qsit; Disposition. Any person tendering a bail bond for approval, or making a money deposit as herein provided for, shall at said time pay to the officer making such approval, or accepting such money deposit, the sum of Fifty Cents (5N), as a fee for approving and recording said bond, or recording said money deposit, which fee shall be returned CONSOLIDATED-SALINA 1 --7 by said Police Judge, or police officers to the Chief of Police, together with the statement provided for in the preceding section. Which fees shall be by said Chief of Police paid over to the City Treasurer to be expended by the Mayor and Commissioners, for the relief of members of the Police Department who may have been injured while on duty, or for the relief of the families of members of the Police Department who may have been killed while in the performance of their duty. (G. S. 13-2307) Article 2. Police Benefit Fund 22-201. Police Benefit Fund 22-202. Fees Credited to Fund 22-203. Purpose of Fund 22-204. Payment of Benefits 22-205. Payments from Fund 22-201. Police Benefit Fund. There is hereby created in the office of the City Treasurer a fund to be known as the "Police Benefit Fund." 22-202. Fees Credited to Fund. There shall be credited to this fund the fees for the approval and recording of bonds and of cash deposits for bail as provided in the General Statutes of Kansas, 1949, Section 13-2307, when and as such fees are turned over to the City Treasurer by the Chief of Police. 22-203. Purpose of Fund. Such funds shall be heldbythe City Treasurer for the following purposes and for none other: The relief of members of the Police Department of the City of Salina who may be injured while on duty or who may become ill or otherwise incur medical expense while employees of said Department by providing cash payments or reimbursement of part or all of medical expenses actually incurred by members of said Department or by providing health or accident insurance for such purposes. 22-204. Payment of Benefits. The extent and proportion to which members of the Police Department of the City of Salina shall become eligible for cash payments or for reimbursement of medical expense incurred, and whether or not accident or health insurance shall be provided, and to what extent, from said fund, shall be determined by the Board of Commissioners. The eligibility of a particular claimant to the benefits herein provided shall be passed upon by the Board of Com- missioners. CONSOLIDATED-SALINA 1 1 1 I 22-205. Payments from Fund. The City Treasurer is hereby authorized to make payments from said fund upon vouchers signed by the individual claimant approved by the Board Commissioners. CONSOLIDATED-SALINA 1 r -1 ARTICLE 3. MERCHANT OR PRIVATE POLICE 22-301. Merchant or Private Policeman Defined; Unlawful to Act as 22-302. Application; Investigation; Approval; License 22-303. Bond 22-304. License Fee; Expiration 22-305. Uniform 22-306. Not to Give Impression Licensee is City Policeman 22-307. License to be Carried and Presented for Inspection 22-308. Penalty 22-309. Revocation and Suspension 22-301. Merchant or Private Policeman Defined.; Unlawful to Act As. A merchant or private policeman is any person, firm, corporation or employer of such person, firm or corporation who for pay polices, watches, or guards the premises of others at intervals or during certain periods or who regulates traffic on the premises of others at intervals or during certain periods regardless of whether such person is engaged in business for himself or is an employee of another merchant or private policeman or merchant police association, organization or corporation: Provided, That this article shall not apply to a person employed for such purposes by railroads or governmental agencies nor to a person employed solely as a watchman by a single employer nor to any person who is a member of good standing of the Police Department of the City of Salina. It shall be unlawful for any person to engage in the operation of merchant or private policeman as herein defined without complying with the provisions of this article. 22-302. Application; Investigation; Approval; License. Any person desiring to act as a merchant or private policeman shall file with the City Clerk an application in duplicate for a license which application shall state: (a) his name; (b) his residence address; (c) his business address, if any; (d) his previous occupation or employment for the last five years immediately preceding such application; (e) his qualifications; (f) his experience; (g) the services he proposes to perform; CONSOLIDATFD-SALINA 1 1 1 (h) a description of the area, territory, or district of the City he proposes to serve; (i) the rates he will charge for his services. The City Clerk shall deliver one copy of the application to the Chief of Police who shall within five (5) days secure the fingerprints of such applicant and who shall make an investigation of such person including clearance through the office of the Kansas Bureau of Investigation, the Federal Bureau of Investigation and the files of local law enforcement authorities and who shall endorse on such application his approval or disapproval and return it to the City Clerk. The Chief of Police shall accompany any application which he disapproves with a summary stating any and all reasons and grounds for such disapproval. The City Clerk shall present the application and report of the Chief of Police to the Board of Commissioners for its action thereon. If the application is approved by the Board of Commissioners it shall order the City Clerk to issue the license upon filing of the bond here- after required with him and the payment of the license fee hereafter required to the City Treasurer: Provided That no person who .has been or who shall be convicted of a felony shall be permitted to receive such license. 22-303. Bond., The applicant shall file a bond executed by a surety company authorized to do business in the State of Kansas in the sum of Ten Thousand Dollars ($10,000) running to any and all employers of the principal of said bond and conditioned that the principal of the bond shall well and faithfully perform the services he engages to perform and save harmless and indemnify any and all employers for any damage to property by the principal of said bond or any theft or unlawful taking of any property of the employer by said principal during the period of the license. Action on the bond may be brought by any employer of the principal in said bond. Said bond shall be approved as to form and surety by the City Attorney. 22-304. License Fee; Expiration. The applicant shall pay a license fee of Twenty-five Dollars ($25) per year to cover the cost of investigation of such applicant. Licenses shall expire June 1. 22-305. Uniform. The uniform worn by any merchant or private police licensed under this article shall not be similar whether in color, design, or style to the uniforms worn by the police officers of the City of Salina. 22-306. Not to Give Impression Licensee is City Policeman No licensee shall repre- sent himself to be or imply or intentionally act so as to give the impression that he is a member of the Police Department of the City of Salina or that he represents the city as a law enforcement officer or acts in any representative capacity whatever on behalf of the Cfty of Salina. CONSOLIDATED-SALINA 22-307. ► icense to be Carried and Presented for Inspection_ No licensee shalhwhile I i engaged as a merchant or private policeman fail to carry on his person such license and muss at any time requested to do so by any police officer of the City of Salina present such license for exami- nation as well as other satisfactory Identification. 22-308. Penalty= Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not less than Fifty Dollars ($50) nor more than Two Hundred Fifty Dollars ($250), or by imprisonment for not more than three (3) months, or by both such fine and imprisonment: Provided• That each and every day of operation of any such person, firm, or corporation in violation of this article shall constitute a separate and complete offense. 22-309. Revocation and Suspension_ The City Commission, if it finds that the licensee gave false information in his application or has violated any provision of this article or has performed any act unbecoming to the position he holds, may, upon hearing of which the licensee shall have been given not less than three (3) days'notice, revoke his license or suspend his license, b�!t sucii suspension shall not be for more than thirty (30) days. 1 1 CONSOLMATED-SALIVA �l 1 1 CHAPTER XXIII. PUBLIC OFFENSES Article I. General Provisions Article 2. Acts Declared Unlawful Article 3. Offenses Against Persons Article 4. Offenses Against Property Article 5. Offenses Affecting the Administra- tion of Justice Article 6. Offenses Against Public Morals and Decency Article 7. Offenses Against Peace and Order Article 8. Offenses Relating to Obscene Ad- vertisements and Publications Article 9. Offenses Relating to Animals Article 10. Offenses Relating to Lotteries, Slot Machines and Punch Boards Article 11. Miscellaneous Offenses Article 1. General Provisions 2:3-101. Definition of Term "Person" 2:3-102. Defenses 23-103. Aiding and Abetting 23-104. Attempts 23-105. No Conviction for Attempt When Offenses Perpetrated 23-106. Punishment 23-107. Jurisdiction and Punishment 23-101. Definition of Term "Person." The term "person" as used in this chapter, shall include any person, firm, copartnership or corporation who shall commit any offense herein designated relating to any other person, or any property belonging to any person, company, firm, copartnership, corporation or to the United States or to the State of Kansas, and any public or private property within the City of Salina, Kansas. (R. O. 1948, 18-101; G. S. 21-132) CONSOLIDATED-$ALINA 1 1 1 23-102. Defenses. The provisions of the laws of the State of Kansas relating to mis- demeanors in reference to offenses and construction of terms insofar as the same relate to and are applicable shall apply to this chapter. (R. O. 1948, 18-102; G. S. 13-616, 63-312) 23-103. Aiding and Abetting. Every person who shall willfully assist or advise, aid or abet any other person in the commission of any of the offenses named in this chapter shall, upon conviction thereof, be punished in the same manner as the principal offender. (R. O. 1948, 18-103; G. S. 62-1016) 2:3-104. Attempts, It shall be unlawful for any person to attempt to commit any offense herein defined, and any person who in such attempt shal I do any act toward the commission of any such offense but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, shall, upon conviction thereof, be fined not to exceed one-half of the greatest fine which may be imposed upon conviction of such offense or may be sentenced for a term not to exceed one-half the greatest term which could be imposed upon conviction of such offense. (G. S. 21-101) 23-105. No Conviction for Attempt When Offense Perpetrated. No person shall be convicted of an assault with intent to commit an offense, or of any other attempt to commit any offense, when it shall appear that the offense intended or attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt. (G. S. 21-102) 23-106. Punishment. Where no punishment is specifically provided for the violation of any offense as provided by any section of this chapter, the punishment shall be a fine of not to exceed One Hundred Dollars ($100) or imprisonment of not to exceed three (3) months, or both such fine and imprisonment, recoverable with cost of suit, together with judgment of imprisonment until the fine and costs be paid and satisfied. (R. O. 1948, 18-104; G. S. 1959 Supp. 13-324, G. S. 13-610) 23-107. Jurisdiction and Punishment. The Police Court of the City of Salina shall have exclusive original jurisdiction to hear and determine all offenses against the ordinances of this city, and the punishment therefor shall be by fine or imprisonment, or both, as provided by ordinance, and it shall be a part of the judgment that the person convicted shall be imprisoned until the fine (if any) and the costs are paid and satisfied. Nothing herein shall be considered as preventing the remitting of fines or forfeitures, the granting of reprieves or pardons or paroles as provided by statute. (R. O. 1948, 18-105; G. S. 13-602, G. S. Supp. 13-424, G. S. 13-610; In re Hurston, 112 Kan. 238) CONSOLIDATN"ALINA 1 1 Article 2. Acts Declared Unlawful 23-201. Unlawful Acts 23-201 . Unlawful Acts. It shal I be unlawful for any person to do any of the acts or things described in Articles 3 to 11, both inclusive, of this chapter, and any person so offending shall be deemed guilty of an offense and upon conviction shall be punished as hereinafter provided. (R. O. 1948, 18-201) Article 3. Offenses Against Persons 2:3-301. Assault and Battery 23-301. Assault and Battery Any person who shall assault, or beat or wound another under such circumstances as not to constitute any other offense defined in Articles 4 to 11, both sum inclusive, of this chapter, shall, upon conviction thereof, be fined in 4not exceeding One Hundred Dollars ($100), or be imprisoned not exceeding three (3) months. (R. O. 1948, 18-301; G. S. 21-436) Article 4. Offenses Against Prop 23-401. Petit Larceny 23-402. Shopl ifting 23-403. Entering Enclosure, Carrying Away or Destroying Fruit 23-404. Picking Pockets or Taking Property from Person 23-405. Property; Hydrants; Water Pipes: and Opening, Injurying/ Meddling With 2:3-406. Taking and Using Property of Another Against Owner's Will 23-407. Embezzlement j 23-408. Stolen Property, Receiving 23-409. Conviction of Principal Not Necessary 23-410. Obtaining Property by False Pretenses 23-411. Malicious Mischief CoxSCIMDATiM-SALnre n 1 E 23-412. Tree Injuring 2:3-413. Posting Bills Signs Etc. 23-414. Posters and Bills: Tearing Down When Lawfully Posted 23-415. Taking City Property 2:3-416. Dumping Refuse Along Streets 23-417. Streets and Sidewalks: Sweeping Into or Upon 23-418. Streets: Carcass of Animal or Offal; Diseased Animals 23-419. Streets: Depositing Dead Animals, Filth, Etc., In 23-401. Petit Larceny. Every person who shal I steal, take and carry away any money or personal property or effects of another under the value of Fifty Dollars ($50) (not being the subject of grand larceny, without regard to value) shall be deemed guilty of petit larceny and upon conviction thereof, shall be punished by imprisonment not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100), or by both such fine and imprisonment. (R. O. 19481 18-401; G. S. 13-340, G. S. Supp. 21-535) 23-402. Shoplifting. Any person who shall willfully take possession of any goods, wares or merchandise under the value of Fifty Dollars ($50) and not the subject of grand larceny offered for sale by any store or other mercantile establishment with the intention of converting the same to his own use without paying the purchase price thereof, shall be guilty of the offense of shoplifting and, upon conviction thereof, shall be punished by imprisonment not to exceed six (6) months, or by a fine not exceeding One Hundred Dollars ($100), or by both such fine and imprisonment. I q-5-9 (G. S./Supp. 21-535a) 23-403. Entering Enclosure, Carrying Away or Destroying Fruit._ If any person or persons shall maliciously or mischievously enter the inclosure of any person and pick, destroy or carry away any apples, pears, peaches, plums,grapes or other fruit of any tree, shrub, bush or vine, he shall be deemed guilty of petty larceny, and upon conviction thereof, shall be punished by imprisonment for not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100), or by both such fine and imprisonment. (R. O. 1948, 18-402; G. S. 21-536) CONSOLIDATEDSALMA 1 1 L 23-404. Picking Pockets or Taking Property From Person, Whoever shat I unlawfully pick the pockets of another or unlawfully take from the person of another any personal property with intent to steal the same shall, upon conviction thereof, be punished by a fine of not to exceed One Hundred Dollars ($100), or by imprisonment not to exceed three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-403; G. S. 21-2422) shall be unlawful for any person to open any hydrant or unloosen the bolts, screws or fastenings thereof or put anything therein, or willfully, wantonly or carelessly injure any water pipes or wantonly or mischievously handle or meddle with the same or any part thereof within the limits of the City of Salina: &2yjAgd, That the provisions of this section with reference to opening and unloosening any bolts or screws and parts of such hydrants or insertion of anything therein, shall not apply to the members of the Fire Department of the city, the officers or authorities of said city or to any person having lawful authority to open, repair, touch or control or use the same. Any person convicted of violating this section shall be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-404) 2.`3-406. Taking and Using Property of Another Against Owner's Will. Any person who shall take, carry away and use any horse or other domestic animal, or any automobile or other vehicle or conveyance or other personal property of any kind, with intent to deprive the owner of the temporary use therof, against the owner's will but not with the intent of stealing or converting the same per- manently to his own use shall, upon conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-405; G. S. 21-544) 23-407. Embezzlement. It shall be unlawful for any person to embezzle any money, personal property or effects of another, under the value of Fifty Dollars ($50) (the same not being a felony without regard to value). Any person convicted of violating this section shall be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R: O. 1948, 18-406) 2:3-408. Stolen Property, Receiving. Every person who shall buy, or in any way receive any goods, money, rights in action, personal property or any valuable security or effects whatsoever, that shall have been stolen, embezzled or obtained from another in any manner contrary to law, knowing that such goods, money or personal property has been so obtained, stolen or embezzled: Providpad That if any such person shat I buy or receive any goods, money or personal property so CONSOLIDATED -SALIVA 1 j stolen, embezzled or obtained from a minor under the age of sixteen (16) years, such fact shall be prima facie evidence of knowledge, on the part of such person that the goods, money or personal property so brought or received were stolen, embezzled or obtained in a manner contrary to law, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. 0. 1948, 18-407) 2:3-409. Conviction of Principal Not Necesiciry In any complaint for any offense specified in the preceding section, it shal I not be necessary to aver, nor on the tr4 l to prove that the principal who embezzled, took, secreted or stole such property has been convicted. (R. O. 1948, 18-408; G. S. 21-550) 23-410. Obtaining Property by False Pretenses. Any person who shall, with intent to cheat or defraud another, obtain from any other person or persons any money, property or valuable thing of the Value of less than Fifty Dollars ($50) (the same not being a felony without regard to value), by means or by use of any trick or deception, or false, fraudulent representation, or statement or pretense, or by any other means, instrument, or device, or by means of any check or by other written or printed or engraved instrument or spurious coin or metal, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceed- ing three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-409) 23-411. Malicious Mischief. Whoever shall willfully and maliciously remove, cut, mar, disalace, deface, break, dig up or quarry, injure, damage or destroy the property of another, either public or private, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprison- ment. (R. O. 1948, 18-410) 23-412. Tree Injuring. Any person who shall cut, girdle, destroy or in any manner injure any shade tree, or fruit tree, standing or growing, wholly or partly, in or on any street or alley, without the consent of the abutting landowner and the Governing Body of the city, shall, upon con- viction thereof, be punished by a fine of not less than Ten Dollars ($10) nor more than One Hundred Dollars ($100). (R. O. 1948, 18-411, G. S. 21-576) 23-413. Posting Bills, Signs, Etc. Any person who shall put up, attach or post any signs, bills, dodgers, advertisements or notices of any kind or character, of any material whatsoever, upon any telephone, telegraph, electric l ight pole, or upon any pole erected for the purpose of carrying the wires of any public utility, or upon any lamp post, hitching post, hydrant, drinking fountain, CONSOLIDATED-SALINA �J 1 sidewalk, bridge or fence or building any of which may be located or situated in any street or alley or other public ground within the City of Salina; or upon any house, building, fence or structure of any kind upon any private ground within the City of Salina, except by the consent of the owner One Hundred Dollars ($100), or by imprisonment not exceedi thereof, shall, upon conviction thereof, be punished by a fine of not exceedin three (3) months, or by both such fine and imprisonment. Any sign, bill, dodger, advertisement or notice posted or maintained in violation of this section shall be torn down and removed by the Chief of Police or by any policeman at his direction. This section shall not apply to notices posted by order of the City - County Health Department in the discharge of any official duty nor to the posting of legal adver- tisements at places required or designated by law or by ordinance. (R. O. 1948, 18-412) 23-414. Posters and Bills: Tearing Down When Lawfully Posted. Any person who shall tear down, deface, mutilate, obscure or otherwise injure any written or printed poster or handbill or other advertisement which shall have been lawfully posted, nailed or otherwise posted for a lawful purpose within the city, shall, upon conviction thereof, be punished by a fine of not exceed- ing One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-413) 23-415. Taking City Property. Any person who shall unlawfully take possession of any property, real or personal, belonging to the city or to the possession of which the city is entitled or commit any willful trespass thereon or unlawfully withhold the possession thereof from the city, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. The unlaw- ful withholding of the same after due demand shal I constitute a new and separate offense and shall be punished in like manner as herein provided for unlawfully taking possession thereof. (R. O. 1948, 18-414) 23'-416. Dumping Refuse Along Streets. It shall be unlawful for any person to throw, place, deposit or leave, or cause to be thrown, placed, deposited or left in or on any street or alley, any dirt, filth, sewage, sweepings, ashes, tin cans, bottles, glass or other refuse of any kind. Any person convicted of violating this section shall be punished by a fine of not more than One Hundred Dollars ($100), or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-419; G. S. 21-578:579) 23-417. Streets and Sidewalks: Sweeping Into or Upon. Any person who shall sweep, throw or deposit, in any manner, or cause the same to be done upon any sidewalk, bridge or street, or in or upon any al ley, avenue or public park, or ground, or into or upon any lot or piece of ground CONSOLIDATED -SALIVA 1 1 1 within the City of Salina, whether such lot shall belong to himself or another, any shavings, paper, paper cuttings, envelopes, wrappers, wrapping paper, bills, dodgers, advertisements, or any scraps, or anything whatsoever, which can be, or is I ikely to be blown by the wind along the street or walks or from place to place, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding thirty (30) days, or by i both such fine and imprisonment. (R. O. 1948, 18-420) 23-418. Streets: Carcass of Animal or Offal; Diseased Animals. Any person who shall drag or cause to be dragged along any street, avenue or alley of the Cityof Salina between the hours of nine (9) o'clock a.m. and nine (9) o'clock p.m. the carcass of any dead animal, or any offensive offal; or between said hours lead, drive or cause to be led or driven through the streets or alleys of said city any animal suffering with or having a contagious or dangerous disease, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment: Provided,. That nothing herein shall be considered as authorizing a violation of Section 47-1209 of the General Statutes of 1949. (R. O. 1948, 18-421) 23-419. Streets: Depositing Dead Animals, Filth, Etc. , In. Any person who shall place any carcass of dead animals, decayed vegetables, filth, cast off clothing or other matter likely to create sickness, or in any way prove detrimental to the public health, upon any street or alley, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-422) Article 5. Offenses Affecting the Administration of Justice 23-501. Compounding or Concealing Offense 23-502. Assaulting Officer in Discharge of Duty 23-503. Resisting Officer 23-504. Rescuing Prisoner 23-505. Attempting to Rescue Prisoner 23-506. Carrying Instruments Into Jail 23-507. Aiding Prisoner to Escape 23-508. Aiding Escape from Officer CONSOLIDATED -SAUNA �I 1 1 23-509. Breaking Jail 23-510. Officer Permitting Instruments to be Conveyed into Jail 23-511. Officer Permitting Escape of Prisoner 23-512. Officer Refusing to Execute Process 23-513. Escape from Officer 23-514. Personating Officer 23-501. Compounding or Concealing Offense. Every person having knowledge of the actual commission of any offense under the ordinances of the City of Salina, who shall take any money, property, gratuity orreward, or any promise, engagement or undertaking thereof, upon any agreement or understanding, express or implied, to compound or conceal such offense, or to abstain from any prosecution thereof, or to withhold any evidence thereof, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-501; G. S. 21-715) 23-502. Assaulting Officer in Discharge of Duty. Every person who shall knowingly and willfully assault, beat or wound any public officer, his deputy or lawful assistant, while in the discharge of an official duty shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-502; G. S. 21-719) 23-503. Resisting Officer. Every person who shall knowingly and willfully resist, oppose or obstruct any public officer, his deputy or lawful assistant, while in the discharge of his duty, or in making any lawful arrest in this city, shall, upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-503) 23-504. Rescuing Prisoner. If any person shall, by force, set at liberty or rescue any person in custody or jail for any offense in violation of the ordinances of this city, whether before or after conviction, such person so offending shal I, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 19481 18-504; G. S. 21-723) 23-505. Attempting to Rescue Prisoner. Every person who shat I attempt, by force, to set at liberty or rescue any prisoner in custody for any offense in violation of this or any other CONSOLIDATED -SALIVA 1 u a 1 ordinance whether before or after conviction shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-505; G. S. 21-725) 23-506. Carrying Instruments into Jail. Every person who shall convey into any jail or place of confinement any disguised instrument, or anything proper or useful to facilitate the escape of any prisoner lawfully committed to or detained therein for violation of any ordinance, whether such escape be effected or not, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-506; G. S. 21-727) 2.3-507. Aiding_ Prisoner to Escape. Every person who shat I by any means whatever aid or assist any prisoner lawfully committed to any jail or place of confinement in this city, in any case relating to any offense in violation of an ordinance of the city, to escape therefrom, whether such escape be effected or not, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-507; G. S. 21-729) 2:3--508. Aiding Escape from Officer. Every person who shall aid or assist any prisoner in escaping or attempting to escape from the custody of any officer, his deputy or lawful assistant who shall have the lawful charge of such prisoner, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-508; G. S. 21-730) 23-509. Breaking Jail. If any person confined in the city jail or county jail for violation of an ordinance of this city, or held in custody going to such jail shall break such jail or custody and escape therefrom, he shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment, and any imprisonment shall commence at the expiration of the imprisonment (if any) for which the offender was in jail or custody. (R. O. 1948, 18-509; G. S. 21-732) 23-510. Officer Permitting Instruments to be Conveyed into Jail. If any officer or other person having, by law, the custody or charge of the city jail, or other place of confinement, know- ingly suffers or permits any disguised instrument, arms or other thing proper or useful to aid any prisoner in his escape to be conveyed into or remain in such jail or place, he shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-510; G. S. 21-739) CONSOLIDATED -SALIVA D A [I 23-511. Officer Permitting_ Escape of Prisoner. If any officer of this city, his deputy of lawful assistant, having the lawful custody of any prisoner for any cause whatsoever, voluntarily suffers or permits or connives at the escape of such prisoner from his custody, or permits such prisoner to go at large, he shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-511; G. S. 21-740) Zi -512. Officer Refusing to Execute Process. If any officer of the City of Salina, will- fully or corruptly fails or refuses to execute any lawful process which by law it is his duty to execute, requiring the apprehension or confinement of any person charged with an offense in violation of the ordinances of the City of Salina, whereby such person shall escape, he shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-512; G. S. 21-741) 23-513. Escape from Officer. If any person shall escape by the use of force or otherwise from any officer of the City of Salina or other person having legal charge of said person by virtue of any ordinance or judgment of Police Court of said city, he shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-513) 23-514. Personating Officer. Any person or persons who shall, without the authority, exercise or attempt to exercise the functions of or hold himself or themselves out to any as a marshal, policeman or peace officer, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-514; G. S. 1959 Supp. 21-1617) Article 6. Offenses Against Public Morals and Decency 23-601. Adultery; Indecency; Lewd Cohabitation; Scandalous Conduct 23-502. Keeping Common Gaming or Bawdy House 23-603. Leasing or Letting House for Such Purposes 23-604. Who Deemed Keeper of Prohibited Places CoxSOLMATED-SALIVA r J 1 1 23-605. Prostitution 23-606. Prostitution, Fornication and Concubinage 2:3-607. Hojse of Prostitution 23-608. Soliciting or Procuring Male Person to 23-615. Enter House of Prostitution 23-609. Street Walking 23-610. House of III Fame 23-611. Indecent Exposure of Person 23-612. Lewd and Indecent Shows, Advertising 23-613. Pimps and Procurers 23-614. Taxicabs: Use or Permission for Use for Immoral Purposes 23-615. Gambling Device 23-616. Gambl ing Tables, Etc., Prohibited 23-617. "Keeper" Defined 23-618. Gambling Prohibited 23--619. Gaming Device or Gaming House 23-620. Permitting Gambling on Premises 23-621. Leasing Premises for Gambling 23-622. Common Nuisance; Destruction 23-623. Complaint; Warrant; Hearing 23-624. Disturbing Peace 23-625. Obscene Writing on Walls 23-601. Adultery, Indecency; Lewd Cohabitation; Scandalous Conduct. Every person who shall be guilty of adultery, and every man and woman (one or both of whom are married, and not to each other) who shall lewdly and lasciviously abide and cohabit with each other, and every person married or unmarried who shall be guilty of open, gross lewdness, or lascivious behavior, or of any open and notorious act of public indecency, grossly scandalous, upon conviction thereof, I shall be fined not exceeding One Hundred Dollars ($100), or be imprisoned not exceeding three (3) months, or be both so fined and imprisoned. (R. O. 1948, 18-601; G. S. 21-908) j CONSOLIDATED -SALIVA 1 1 1 23-602. Keeping Common Gaming or Bawdy House. Every person who shall set up or keep a common gaming house or bawdy house or brothel shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceed- ing'three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-602; G. S. 21-933) 2;_603. Leasing or Letting House for Such Purposes. Every person who shall knowingly lease or let to another any house or other building, for the purpose of setting up or keeping therein any of the gaming tables, banks or devices prohibited by the preceding section, or for the purpose of being used or kept as a gaming house, brothel or bawdy house, shall, upon conviction thereof, One Hundred Dollars ($100), or by imprisonment not exceeding be punished by a fine not exceeding/three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-603; G. S. 21-934) 23-604. Who Deemed Keeper of Prohibited Places. Every person appearing or acting as master or mistress, or having the care, use or management at the time of any prohibited gaming table, bank or device shall be deemed the keeper thereof; and every person who shall appear or act as master or mistress, or having the care or management of any house or building in which any gai ling table, bank or device is set up or kept, or of any gaming house, brothel or bawdy house, shall be deemed the keeper thereof. (R. O. 1948, 18-604; G. S. 21-935) 2>1,•-605. Prostitution. Any person who shall commit or offer to commit a lewd act or an act of prostitution or moral perversion shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. 2:3-606. Prostitution, Fornication and Concubina e. Any person who shall knowingly persuade, induce, entice or procure, or assist in persuading, inducing, enticing or procuring any female person for the purpose of prostitution, ;fornication or concubinage to enter or remain in any house of prostitution, or any place where prostitution, fornication or concubinage is practiced, permitted or allowed, or by any means whatever, detain any female person, for the purpose of prostitution, fornication or concubinage in any such house or place, or persuade, induce, entice or procure, or assist in persuading, inducing, enticing or procuring any female person for the purpose of prostitution, fornication or concubinage, to go from one place to another within this city, for the purpose of prostitution, fornication or concubinage, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) CONSOLMATED-SALIVA 1 11 months, or by both such fine and imprisonment: _EEqviqkd. That no conviction shal I be had on the uncorroborated testimony of the woman. (R. O. 1948, 18-605; G. S . 21-937) 23-607. House of Prostitution. Any person who shall keep or maintain or assist in keeping or maintaining a house or other place of prostitution, fornication or concubinage, or where the same is practiced, permitted or allowed, on premises owned or leased by such person or under his control shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-606; G. S. 21-938) 23-608. Soliciting or Procuring Male Person to Enter House of Prostitution: Any person who shall solicit, procure, entice or induce any male person to enter any house of prostitution or- any rany place where prostitution, fornication or concubinage is practiced, permitted or allowed shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-607; G. S. 21-942) 23-609. Street Walking... Any female person who shall parade on any street, avenue, alley or other public grounds for the purpose of inducing or encouraging men to follow her for the purpose of prostitution, or who, being a common prostitute, advertises her means of I iveI ihood upon any street, avenue, alley or other public grounds, building or place, or '� 4 c male person, 6e,�1 found in the company of any female street walker or prostitute on any street, avenue, alley or other public grounds or building shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 19481 18-608) 23-610. House of III Fame. Any person who shall set up, keep or maintain or aid or assist in setting up, keeping or maintaining, or be an inmate of, or visitor to, for immoral or unlaw- ful purposes, any bawdy house, house of prostitution, house of ill fame or assignation house, or keep, harbor or maintain or aid or assist in keeping, harboring or maintaining any female prostitute, know- ing her to be such, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprison- ment. (R. O. 1948, 18-609) 23-611. Indecent Exposure of Person. Any person who shall appear in any public place in a state of nudity or indecently clad, or make any indecent public exposure of one's person, or CONSOLMAT&D-$ALMA 1 1 behave in any indecent or lewd manner, or commit any indecent or lewd act of any kind, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-610) 23-612. Lewd and Indecent Shows, Advertising. Any person who shall exhibit, perform or take part in any immoral, indecent or lewd play or exhibition, show, performance or other representation, or advertise any picture show, show or performance or exhibition of any kind by putting or placing in any public place any lewd or indecent picture, print, model or other thing, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 19481 18-611) 23-613. Pimps and Procurers. Any person who shall act as pimp, procurer or procuress for or solicit, procure, entice or induce any person to enter any bawdy house, house of prostitution, house of ill fame or assignation house, or be in any way connected with the keeping, management or operation of any such house, or be an inmate or lodger in any such house or solicit any person in this city for illicit sexual intercourse or other immoral purposes or any sexual perversion, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-612) 23-614. Taxicabs: Use or Permission for Use for Immoral Purposes Any person owning, operating, driving or maintaining any taxicab, automobile, or other vehicle or conveyance, who shall use or permit the same to be used for the transportation, carrying or conveying, within the City of Salina, of any persons to any place for the purpose of engaging in illicit or unlawful sexual intercourse, whether such sexual intercourse actually takes place within or without the limits of said city, or permit or allow any persons to engage in illicit or unlawful sexual intercourse in or on such taxicab, automobile or other vehicle or conveyance, or any part thereof, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-613) 23-615. Gambling Device. Any person who shall set up or keep any table or gambling device, adapted, devised or designed: for the purpose of playing any game of chance for money or property, or induce, entice or permit any person to bet or play at or upon any such table or CONSOLIDATED-SALINA 1 1 1 gambling device, either on the side of or against the keeper thereof, or keep a place or room to be used as a place for playing any game of chance for money or property, or keep a common gaming house or keep a house, room or place to which persorsare accustomed to resort for the purpose of gambling, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-614) 23-616. Gambling Tables, Etc.., Prohibited. Any person who shall knowingly permit any gambling table, bank or device, prohibited by this article to be set up or used or kept in any room, building, shelter, enclosure or premises belonging to him, or occupied by him, or of which he has possession or control, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-615) 23-617. "Keeper" Defined. Every person appearing or acting as master or mistress, or having the care, use or management, for the time, of any gambling table, bank or device prohibited by this article, or of any place or room used for the purpose of gambling shall be deemed the keeper thereof. (R. O. 1948, 18-616) 23-618. Gambling Prohibited. Every person who shall directly or indirectly bet any money or property or any representative thereof at or upon any gaming table, bank or gambling device, or upon the result of the movement of any wheel, or other device, or the throwing of dice, or upon the result of any game of skill or chance, whether with dice or cards, or other thing, or hazard money or property upon chance to be determined by means of any kind of a device or bet upon any game played by any kind of a gambling device, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-617; G. S. 21-924) 23-619. Gaming Device or Gaming House. Every person who shall set up or keep any table or gambling device commonly called ABC, faro bank, EO, roulette, equality, keno, wheel of fortune, or any kind of gambling table or gambling device, adapted, devised and designed for the purpose of playing any game of chance for money or property or induce, entice, or permit any person to bet or play at or upon any such gaming table or gambling device, either on the side of or against the keeper thereof, or keep a place or room to be used as a place for playing any game of cards for money or property, or keep a common gaming house, or keep a house, room or place to which persons are accustomed to resort for the purpose of gambling, shall, upon conviction thereof, CONSOLMATED-SALIVA u 1 be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceed - Ing three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-618; G. S. 21-915) 23-620. Permitting Gambling on Premises. Every person who shall permit any gambling table, bank or device prohibited by Section 23-619 to be set up or used for the purpose of gambling, in any such house, building, shed, booth, shelter, lot or other premises to him belonging, or by has him occupied, or of which he/at the time possession or control, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceed - Ing three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-619; G. S. 21-916) 23-621. _Leasing Premises for Gambling, Every person who shall knowingly lease or rent to another any house, building, shed, booth, lot or other place or premises, or any part thereof, for any of the unlawful purposes mentioned in Sections 2.3-619 and 23-620, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-620; G. S. 21-917) 23-622. Common Nuisance; Destruction. All places used for any of the unlawful purposes as mentioned in Section 23-619, are hereby declared to be common nuisances, and, upon the judg- ment of the Police Court of this city finding such place to be a nuisance under this article, the Chief of Police shal I be directed to abate and shut up such places by taking possession of al I devices and all other property used in keeping and maintaining such nuisance and such personal property so taken shall forthwith be publicly destroyed by such officer. (R. O. 1948, 18-621; G. S. 21-918) 23-623. Complaint; Warrant; Hearing. Upon the filing of a complaint charging that a place is kept or maintained as a common nuisance as stated in the preceding section by any person or persons and that gaming tables, gambling devices, or such other property as is generally used and kept in maintaining a common gaming house, are kept or maintained therein, a warrant shall issue commanding the officer to whom it is directed to arrest the person or persons in such complaint charged and described, and seize and take into his custody such gaming tables and gambling devices and other property described in said complaint which he may find in such place, or upon such places, and safely keep the same subject to the order of the court. The complaint shall describe the pre- mises to be searched with sufficient particularity to identify the same, and shall describe the gaming tables or other gambling devices or other property alleged to be used in maintaining the same as particularly as practicable; but any description, however general, that will enable the officer executing the warrant to identify the property to be seized and the person to be arrested shal I be CONSOLmwisn-SALDIA 1 n L1 deemed sufficient. Upon the return of the warrant, the court shall proceed against the person or persons arrested, and it shall be the duty of the Police Judge to fix a day for a hearing as to the personal property seized, and to cause a notice thereof to be served upon the owner of said gaming tables and gambling devices and other property so seized, or upon his agent or other person in possession or control of the same, that the property has been so taken, and requiring him to appear on said day and answer the complaint made against such gaming tables, gambling devices and other property, and show cause, if any he has, why the same should not be adjudged forfeited and ordered destroyed; the time and mode of service to conform as nearly as may be to the law providing for the service of summons in civil actions. (R. O. 1948, 18-622; G. S. 21-919, 21-922) 23-624. Disturbing Peace. Every person who shall willfully disturb the peace and quiet of any person, family or neighborhood, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-623; G. S. 12-950) 23--625. Obscene Writing on Walls. Every person who shall write or inscribe upon the wall or door of any public building, or upon any privy, fence, bridge or . other structure, any obscene or vulgar picture, design or words, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-624) Article 7 Offenses Against Peace and Order 23-701. Unlawful Assembly 23-702. Disorderly Conduct 23-703. Inciting Riots 23-704. Discharging Firearms 23-705. False Fire Alarms 23-706. Unlawful Acts at Polls 23-707. Dangerous Weapons 23-708. Peeping J 23-701. Unlawful Assembly. If three (3) or more persons assemble together in the City of Salina with intent to do any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully assembled, agree with CONSOLmwran-SAMNA each other to do any unlawful act aforesaid, and make any movement or preparation therefor, bya fine not exceeding One Hundred Dollars ($100), or by imprisonment the person so offending shall, upon conviction thereof, be punished/not exceeding three (3) 1 months or both such fine and imprisonment. (R. 0. 1948, 18-701• G. S. 21-1001) � � Y p 23-702. Disorderly Conduct. Every person who shall engage in any riot, or affray or act in a rude, boisterous, riotous or disorderly manner or use profane or indecent language so that it is audible to other on any street, avenue, alley, public ground, place or building in this city, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-702) 23-703. Inciting Riots. Every person who shall incite a riot or by sign, gesture., sound, words or otherwise provoke or attempt to provoke any person or persons, crowds or gatherings of persons to commit any disorderly or riotous_, act, or acts of breach of the peace, or cause the gathering of crowds of excited persons on the streets, avenues, alleys, public grounds, buildings or places in this city to the alarm of the inhabitants of this city, or threatening to the peace and good order of this city, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-703) 2.3-704. Discharging Firearms. Every person who shall discharge any gun, revolver, pistol or other firearm within the City of Salina, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment: Prgvlded, That the provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or for the shooting of dogs running at large in violation of ordinances, or by officers of the law in the discharge of their duties, or in the protection of person or property. (R. O. 1948, 18-704) 23-705. False Fire Alarms. Every person who shall knowingly and willfully give a false alarm of fire shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-705) 23-706. Unlawful Acts at Polls. Every person who shall act in a violent or turbulent manner at or near the public polls on election day or engage in, aid or encourage the doing or causing to be done anything calculated to disturb the due and orderly proceedings of any election board or the counting of the votes at any public election held in this city shall, upon conviction CONSOLIDATED-SALINA thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-706) 23-707. Dangerous Weapons, Every person who shal I make any demonstration in a hostile manner with any dangerous or deadly weapon against the person or property of another, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment: Providrd That the provisions of this section shall not apply to officers of the law and their deputies in the performance of their duties. (R. O. 1948, 18-707) 23-708. Peeping, Every person who shall go upon the property owned or occupied by another for the purpose of looking into or peeping into any window, door, skylight or other opening in a house, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-708) Article 8 Offenses Relating to Obscene Advertisements and Publications 23-801. Dealing in Obscene Literature 23-802. Scandalous or Indecent Newspaper or Magazine 23-803. Indecent or Immoral Pictures or Post Cards 23-801 . Dealing in Obscene Literature. Every person or persons who shall bring or cause to be brought into this city, or buy, sell or cause to be sold, or advertise, lend, give away, offer, show, exhibit, or have in one's possession with the intent to sell, lend, give away, offer, show, exhibit, distribute or cause to be distributed, or design, copy, draw, photograph, print, etch, or engrave, cut, carve, make, publish, or otherwise prepare or assist in preparing, or receive subscriptions for any indecent or obscene book, pamphlet, paper, picture, print, drawing, figure, image, or other engraved, printed or written matter, or any article or instrument of immoral use, or any book, pamphlet, magazine, or paper devoted principally or wholly to the publication of criminal news or pictures, or stories of deeds of bloodshed or crime, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-801; G. S. 21-1102) CONSOLIDATED -SALIVA 1 1 1 23-802. Scandalous or Indecent Newspaper or Magazine. Every person or persons who shall, within this city, edit, publish, circulate or disseminate any newspaper, pamphlet, magazine or any printed paper devoted largely to the publication of scandals, lechery, assignation, intrigues between men and women, and immoral conducts of persons, or have in one's possession for sale, or keep for sale, or expose for sale, or distribute, or in any way assist in the sale, or gratuitously distribute or give away any such newspaper, pamphlet, magazine or printed paper in this city, shall, upon conviction thereof, be punished. by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-802; G. S. 21-1103) 23-803. Indecent or Immoral Pictures or Post Cards. It shall be unlawful for any person, i picture or any words or sentence on such cards of a suggestive or immoral firm or corporation to manufacture, print, paint or letter any post card with an indecent orimmorav nature or character, or keep for sale or for the purpose of giving away such indecent, immoral or suggestive post cards or have the same in one's place of business for the purpose of sel I ing same or giving them away, any person violating this section, shall, upon conviction thereof, be punished b;- a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-803; G. S. 21-1105) Article 9. Offenses Relating to Animals 23-901. Cruelty to Animals 23-902. Cruelty by Owner or Person Having Charge of Animal 23-903. Stables, Sheds, Pens 23-904. Dog Fighting Ref.: Chapter V, Art. 1. 23-901. Cruelty to Animals. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or kills an animal, or causes or procurers an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed, or, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter or CONSOLIDATED -SAUNA 1 protection from the weather, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-901; G. S. 21-1201) 23-902. Cruelty by Owner or Person Having Charge of Animal Every owner, possessor who or person having the charge or custody of an animal,; ;cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or other- wise in an unnecessarily cruel or inhuman manner, or knowingly and willfully authorized or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-902; G. S. 21-1202) 2:3-903. Stables Sheds, Pens. Any owner, lessee or occupant, who maintains any stable, shed, pen or other places where horses, cattle, goats, other animals, chickens or other fowls are kept, closer than fifty (50) feet to the dwel I ing house of another, or permits the some to remain unclean to the annoyance of any citizens of the City of Salina, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment; and the continuance thereof each and every five (5) days after the first conviction shall be deemed a separate offense punishable as herein provided: P ov' That nothing herein shall authorize a violation of the zoning ordinance of this city. (R. O. 1948, 18-903) 23-904. Dog Fighting. Every person who by words, sign or otherwise, sets any dog or dogs to fight, or causes any dog to attack any other dog or dogs, or aids or abets or encourages any dog fight; or by words, signs or otherwise sets on or encourages any dog to attack or chase any human being, not engaged in malicious or criminal acts; or being the owner, keeper or harborer or any dog knowingly permits such dog to fight without endeavoring to prevent the same, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-904) Ref.: Dogs, Chap. V, Art. 2. CONSOLIDATZ"ALINA 1 L Article 10 Offenses Relating to Lotteries Slot Machines and Punch Boards 23-1001. Lotteries 23-1002. Punch Boards and Slot Machines 23-1003. Confiscation of Gambling Devices 23-1004. Seizure and Confiscation 23-1001. Lotteries. Every person, in this city, who shall make, establish, promote or aid or assist in making, establishing, promoting, or be in any manner concerned, either by writing or printing or otherwise, in making, establishing or promoting any lottery, gift enterprise, policy or scheme of drawing in the nature of a lottery, whether the same is being or is to be conducted, held or drawn within the City of Salina, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1001; G. S. 13-430, 21-1501) 23-1002. Punch Boards and Slot Machines. Any person who shall set up or keep or have in his possession in any public or private place in the City of Salina any punch board or slot machine or other gambling device, devised or designed for the purpose of playing any game of chance for money or property, including punch boards, slot machines or any other gambling device wherein money or goods are received with every punch board, but the amount to be paid depends upon the number punched, played or drawn, or where a capital prize or any additional prize may be received or where tokens are received, or any person who shall induce, entice or permit any person to bet or wager or Pay money upon any such punch board, slot machine or any other gambling device or deemed guilty of a misdemeanor, and upon conviction thereof, shalt be devices as above described, shall beipunished by a fine not less than One Hundred Dollars ($100) nor more than Three Hundred Dollars ($300), or by imprisonment in the city jail for not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment. (R. O. 1948, 18-1002; G. S. 13-423, 13-430; 151 Kan. 250, 167 Kan. 408) 2:3-1003. Confiscation of Gambling Devices. Upon conviction of any person or persons under the provisions of the foregoing section, the Police Judge shall, as a part of his judgment, order the destruction of all such punch boards, slot machines or other gambling devices or material used by or in the possession of the defendant, and the Chief of Police of the City of Salina shall execute such judgment by publicly destroying or causing to be destroyed such punch boards, slot machines or other gambling device or equipment by burning or otherwise, which destruction shall take place after said devices are no longer needed as evidence. (R. O. 1948, 18-1003; G. S. 13-423, 13-430; 151 Kan. 250, 167 Kan. 408) CONSOLmArsu-SwtrnA 1 1 1 23-1004. Seizure and Confiscation. It shall be the duty of the police officers of the City of Salina to seize and take possession of, any slot machines or other gambling devices as defined by this article wherever the same may be found in the City of Salina, and to arrest the owner thereof and any person in control or possession of such machine if he can be found, and/or if no person claims the same as owner or otherwise within ten (10) days after the same shall have been seized, the Chief of Police of said city is hereby authorized and directed to destroy zany such machine without further notice to the owner thereof, (R. O. 1948, 18-1004) Article 11 I. Miscellaneous Offenses 23-1101. Expectoration 23-1102. Expectoration of Tobacco Products 23-1103. Vagrancy: General 23-1104. Vagrancy: Loitering in Dope Places 23-1105. Vagrancy: Associating with Undesirable Person 23-1106. Vagrancy: Pandering 23-1107. Vagrancy: Venereal Diseases 23-1108. Vagrancy: Soliciting Alms 23-1109. Penalty to Sections 23-1103 to 23-1108 23-1110. Removing House Numbers and Street Names 23-1111. Curfew: Minors 23-1112. Curfew: Parents, Etc. 23-1113. Penalty to Sections 23-1111 and 23-1112 253-1114. Cigarettes to Minors 23-1115. Chickens, Fowls at Large 23-1116. Drunkenness 23-1117. Stakes or Monuments Marking Boundaries or Establishing Grades Removal 23-1118. Trees Overhanging Streets 23-1119. Nitroglycerin 23-1120. Drug and Medicine Samples CONSOLMATLD-SALINA 1 n 23-1121. BB Guns 23-1122. Parents or Guardian Permitting BB Guns; Penalty 23-1123. Non -Powder Propelled Guns: Definition 23-1124. Non -Powder Propelled Guns: Regulating Sale or Transfer 23-1125. Non -Powder Propelled Guns: Regulating Use 23-1126. Non -Powder Propelled Guns: Unlawful Possession and Unlawful Use 23-1127. Penalty to Sections 23-1124 to 23-1126 23-1128. Hauling Dirt, Trash or Refuse: Spilling on Streets 23-1129. Salt Water on Pavement 2:3-1130. Oil and Grease: Unlawful to Pour in Sewers or River 23-1131. Carrying Concealed Weapons 23-1132. Knucks 23-1133. Food: Selling Decayed or Unwholesome 23-1134. Entering Amusement Place Without Paying 23-1135. Railroad Property 2- -1136. Curb Filling Stations 23-1137. Barbed Wire in City Prohibited 2'a-1138. Smoking and Lighting Matches or Lighters on Buses 23-1139. Condition of Certain Abandoned Property; Control; Penalty 23-1101. Expectoration. Any person who shall spit, expectorate or deposit any sputum, saliva, mucus, or any form of sal Iva or sputum, upon the floor, stairway, or upon any part of any theater, public hall or building, or upon the floor of any car of public conveyance in the City of Salina, or upon any sidewalk abutting on any public street, alley or lane, shall, upon conviction thereof, be punished by a fine not exceeding Five Dollars ($5), or by imprisonment not exceeding five (5) days, or by both such fine and imprisonment. (R. O. 1948, 18-1101; G. S. 21-2415) CONSOLIDATED-SALINA 1 L' 23-1102. Expectoration of Tobacco Products. Any person who shall expectorate the products of tobacco or any other filth on the floors, walls or carpets of any building used for church,' school or other public purposes or meetings, shall, upon conviction thereof, be punished by a fine of not less than One Dollar ($1) nor more than Ten Dollars ($10). (R. O. 1948, 18-1102; G. S. 21-2420) 23-1103. Vagrancy: General. Any person engaged in any unlawful calling or who shall be found loitering or idling without visible means of support in any place in the City of Salina, or who shall be found idling or loitering in said city without being engaged in any legiti- mate business, or who being without visible means of support shall refuse or fail to work when work at fair wages is to be procured in the community, or who shal I threaten violence or personal injury to any employed workmen, or to employers of labor, shal I be deemed a vagrant. (R. O. 1948, 18-1103) 23-1104. Vagrancy: Loitering in Dope Places. Any person who may be found loitering around an opium den or resort of any kind for drug habitues, or where morphine, opium, cocaine or any other drug may be used or sold, or who shall have in his possession, any morphine, opium, cocaine or other narcotics, or any needle, spoon or other instrument to be used in taking narcotics shall be deemed a vagrant. (R. O. 1948, 18-1104) 23-1105. Vagrancy: Associating_ With Undesirable Person. Any person, male or female, who knowingly associates with person having the reputation of being thieves, burglars, pickpockets, prostitutes, immoral women or gamblers, or who lodges in or frequents houses or other places having the reputation of being the resort of thieves, burglars, pickpockets, prostitutes or immoral women, or gambling houses or places for the reception of stolen property, shall be deemed a vagrant. (R. O 1948, 18-1105) 23-1106. Vaa�ancy: Pandering. Any person who shall act as a pimp, procurer, or solicitor for any :bawdy house, house of ill fame, or house of assignation, or any male lodger in any such place, or any male person who shal I solicit business for such places or for any prostitute, shall be deemed a vagrant. (R. O. 1948, 18-1106) 23-1107. Vagrancy: Venereal Diseases. Any person examined by a public health officer pursuant to rules of the Kansas State Board of Health and found to be infected with any communicable disease of syphil I is, gonorrhea or chancroid, shall be deemed a vagrant. (R. O. 1948, 18-1107) CONSOLIDATED -SALIVA 1 D 1 23-1108. Vagrancy: Soliciting Alms. Any person begging or selling inexpensive articles as a beggar, or playing a musical instrument and soliciting funds from the public therefor, shall be deemed a vagrant. (R. O. 1948, 18-1108) 23-1109. Penalty to Sections 23-1103 to 23-1108. Any person who shall violate any provisions of the preceding Sections 23-1103, 23-1104, 23-1105, 23-11061 23-1107 and 23-1108, upon conviction thereof, shall be punished by a fine not exceeding Five Hundred Dollars ($500), or by imprisonment in the city jail for not to exceed six (6) months, or by both such fine and imprisonment. (R. O. 1948, 18-1109) 23-1110. Removing House Numbers and Street Names. Any person who shall remove, destroy, carry away, or in any manner deface or disfigure any house number, street or avenue name, or number in the city used or to be used in the United States free delivery postal system in said city or for any other purpose, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1110) 23-1111 . Curfew: Minors. It shall be unlawful for any child under the age of sixteen (16) years, to wander, lounge, loaf, loiter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or public place within the City of Salina, after the hour of ten - thirty (10:30) o'clock p.m., and before six (6) o'clock a.m., unless accompanied by a parent, legal guardian, or other person having legal custody of such child or unless engaged in the per- formance of an errand or duty, directed by a parent, guardian or legal custodian, pursuant to a written statement dated the day such errand or duty is being performed, and signed by such parent, guardian or legal custodian, directing such child to perform a bona fide errand or mission for such parent, guardian or legal custodian, or unless such child is proceeding pursuant to the scope of lawful employment. (R. O. 1948, 18-1111) 23-1112. Curfew: Parents, Etc. It shall be unlawful for a parent, guardian or other person lawfully entitled to the care, custody and control of any child under the age of sixteen (16) years, to knowingly suffer or permit any such child under the age of sixteen (16) years, unless such child is accompanied by a parent, legal guardian or other person lawfully entitled to such child's care, custody and control, to wander, lounge, loaf, loiter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or public place within the City of Salina after the hour of ten -thirty (10:30) o'clock p.m. and before the hour of six (6) o'clock a.m. (R. O. 1948, 18-1112) CONSOLIDAT&D-SALINA 1 1 C 23-1113. Penalty to Sections 23-1111 and 23-1112. Any person violating any of the provisions of Sections 23-1111 and 23-1112, shall, upon conviction thereof, be punished by a fine of any sum not exceeding One Hundred Dollars ($100). (R. O. 1948, 18-1113) 23-1114. Cigarettes to Minors. Any person who shall sell or give away to any minor under twenty-one (21) years of age any cigarettes, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1114; G. S. 79-3321) 23-1115. Chickens, Fowls at Large. Any person who shall permit or allow any chickens, ducks, brant, geese, turkeys or any fowl of any kind kept or harbored by any such person, to run at large within the corporate limits of the City of Salina, or to go upon the property or premises of any other person, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprison- ment. (R. O. 1948, 18-1116) 23-1116. Drunkenness. If any person shall be drunk on any highway, street, or in any public place or building, or if any person shall be drunk in his own house, or any private building or place, disturbing his family or others, he shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine not exceeding One Hundred Dollars ($100), or by imprison- ment not exceeding thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-1117; G. S. 41-802) 23-1117. Stakes or Monuments Marking Boundaries or Establishing Grades Removal, Any person who shal I injure, uncover, dig up, pul I up or in any manner remove, deface or destroy any stake, stone or monument established or located in any place in this city for the purpose of marking the boundary of any lot, street, avenue, alley or public ground of said city, or established or located for the purpose of determining the location of grades, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1118) 23-1118. Trees Overhanging Streets. Any person who, being the owner of any tree growing on private property or on parking of the street, adjacent thereto, shat I permit the I imbs or branches of such tree to overhang any sidewalk or street closer than eight (8) feet above such sidewalk or street, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 19481 18-1119) CONSOLIDATEDSALINA 1 1 1 23-1119. Nitroglycerin. Any person who shall transport or convey through or along the streets of the City of Salina, any liquid nitroglycerin, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1120; G. S. 21-2450) 23-1120. Drug and Medicine Samples. Any person who shall distribute samples of drugs or medicine,or nostrum of any kind by placing or leaving the same upon any street, alley, public grounds or in the yard or upon the porch of any residence, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1121) 23-1121. BB Guns. Any person who shall discharge any air gun or gun commonly called "BB", shooting bullets or shot, shall, upon conviction thereof, be punished by a fine not less than Five Dollars ($5) nor more than Ten Dollars ($10), or by imprisonment not exceeding ten (10) days, or by both such fine and imprisonment. (R. O. 1948, 18-1122) 23-1122. Parents or Guardian Permitting BB Guns; Penalty. Any parent or guardian knowingly permitting a minor under his care to carry upon the streets or alleys of the City of Salina and an air gun or gun commonly called "BB" shall be deemed guilty of a misdemeanor/ shall, upon con- viction thereof, be punished by a fine not less than Five Dollars ($5) nor more than Twenty-five Dollars ($25). (R. O. 1948, 18-1123) 23-1123. Non -Powder Propelled Guns: Definition. As used in Sections 23-1124, 23-1125 and 23-1126: (a) The term "non -powder propelled gun" shall mean any rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, a spring or elastic, but does not mean a firearm or deadly weapon. (b) The term "youth" shall mean any person under the age of sixteen (16) years. 23-1124. Non -Powder Propelled Guns: Regulating Sale or Transfer. It shall be unlawful for any person to sell, give, lend, barter or otherwise transfer any non -powder propelled gun to a youth, except by the express consent of parent, guardian or adult instructor of such youth. 23-1125. Non -Powder Propelled Guns: Regulating Use. Notwithstanding any incon- sistent provision of Sections 23-1123, 23-11241 23-1125 and 23-1126, it shall be lawful for a (16) person under the age of sixteen/years to have in his or her possession any of the articles specified in Section 23-1123 hereof if the said article is: CONSOLIDATED -SALVIA (a) Kept within his or her residence and is used solely in or on any private grounds or residence under such circumstances that such non—powder propelled gun can be fired, discharged i or operated in such .manner so as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence, or a (b) Used by the youth if he or she is duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities, or having written per- mission to use, an indoor or outdoor rifle range; to possess, load or fire at such rifle range under the supervision, guidance and instruction of an adult. 23-1126. Non -Powder Propelled Guns: Unlawful Possession and Unlawful Use. (a) It shat I be unlawful for any youth to carry any non -powder propel led gun on the streets, al Ieys, public highways or public lands within the City of Salina, unless accompanied by an adult: Proyidgd, howgverThat said youth may carry such gun, unloaded, in a suitable case or securely wrapped. Co) It shall be unlawful for any person to discharge any non -powder propelled gun from any automotive vehicle or from upon or across any street, sidewalk, alley, public highway or public place within the City of Salina, except on a properly constructed target range. 23-1127. Penalty to Sections 23-1124 to 23-1126. Any person violating any of the pro- visions of Sections 23-1124, 23-1125 and 23-1126 or who falsely represents himself or any other person as being over sixteen (16) years of age in order to purchase or otherwise obtain such gun, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not more than Twenty-five Dollars ($25), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. 23-1128. Hauling Dirt, Trash or Refuse; Spilling on Streets. Any person who shall haul over or through any of the streets, alleys or avenues loose material, dirt, manure, trash, slop or any other material of any kind except in a vehicle having a tight box or tank so constructed to prevent the splashing or spilling of any substance therein contained upon any street, avenue or alley, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1124) 23-1129. Salt Water on Pavement. It shall be unlawful to pour, dump, place or throw or to cause to be poured, thrown, placed or dumped into or upon the sidewalk, pavement or gutter in any street, alley or other public highway or thoroughfare in the City of Salina, or in any such CONSOLIDAT D -SALIVA 1 J 1 Q place that the same will run or drain into or upon any such sidewalk, pavement or gutter, any salt water, salt or ice and salt, or salty solution, substance or liquid, commonly used in freezing or packing ice cream, ices and other similar products. Any person, firm or corporation, either acting for himself or itself or as the agent, representative, employee or member, officer or manager of any such person, firm or corporation who shall violate any of the provisions of this section, shall, upon conviction thereof, be punished by a fine not less than Five Dollars ($5) nor more than Twenty-five Dollars ($25) for each offense. (R. O. 1948, 18-1126) 23-1130. Oil and Grease: Unlawful to Pour in Sewers or River. It shall be unlawful to place, run, pour or drain into any sewer or cause or permit the placing, running, pouring or draining into any sewer or into any street, alley or other place from which the same may run or drain into any sewer or into any river or creek, any fuel oil, lubricating oil, crank case oil or grease or any other kind of oil or grease whatsoever. Any person, firm or corporation or any member, officer, employee or agent thereof who shall violate any of the provisions of this section, shall, uponconvictionthereof, be punished by a fine not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500) for each offense and for a second or any subsequent conviction of the same offense, shall be punished by a fine not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500) and by imprisonment for not less than one (1) day nor more than thirty (30) days for each offense. (R. O. 1948, 18-1127) 23-1131. Carrying Concealed Weapons. Any person, not being an officer of the law, or a deputy to such officer, who shal I be found within the limits of this city carrying on his person in a concealed manner any pistol, Bowie knife, dirk, slung shot, knucks or any other deadly weapon, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, orbyboth such fine and imprisonment. (R. O. 1948, 18=1128; G. S. 13-425, 21-2411) 23-1132. Knucks. Any person who shall manufacture, sell, offer to sell, expose for sale, or carry upon his person or display any weapon generally called and known as "knucks" shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by Imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (R. O. 1948, 18-1129; G. S. 21-2429) 23-1133. Food: Selling Decayed or Unwholesome. Any person who shall sell, of offer or expose for sale, any unwholesome, decaying or stale food or provisions of any kind, or sell, or offer or expose for sale any adulterated milk, butter, lard or other article or provision, shall, upon CONSOLIDATED-SALINA 1 J conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1130) 23-1134. Entering Amusement Place Without Paging. Any person who shall enter Memorial Hall, or any theater or public place of amusement in the City of Salina except the lobby or other portion thereof for which no admission fee is charged at any time during which any enter- tainment or performance or other attraction is being held therein for which an admission price is charged, or at any time when any such building is not open to the public, whether such entrance is made by force or by trick or device, or otherwise, without paying the regular admission charge or securing other lawful authority from the persons in charge thereof for such entrance, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprison- ment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1131) 23-1135. Railroad Property. Any person who shall climb, jump, stop, stand upon, cling to or in any manner attach oneself to any locomotive, engine or railroad car, either stationary or in motion belonging to any railroad company, except when on business with such company or inter- fere with anything belonging to said engine or car as aforesaid on any railroad in the City of Salina; or interfere with any goods or buildings in the care or under the control or such company in said city, unless by the consent of said railroad, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (R. O. 1948, 18-1132) 23-1136. Curb Filling Stations. Any person who shall construct or cause to be con- structed, maintain or operate any gasoline filling station or similar apparatus or contrivance located upon any public sidewalk or parking adjacent thereto or upon or adjacent to the curb of any public street and used for the sale and delivery of gasoline, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by bath such fine and imprisonment. (R. O. 1948, 18-1133) 23-1137. Barbed Wire in City Prohibited. Any person who shall make any enclosure with or by means of barbed wire, except when the same is installed at a height of six (6) feet three (3) inches or more, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprison- ment. (R. O. 19481 18-1136) CONSOLIDATED-SALINA 1 D 23-1138. Smoking and Lighting Matches or Lighters on Buses. Any person who shall ignite a match, lighter or smoke a cigarette, a cigar, a pipe or any other item or thing on any bus, shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. A bus for the purpose of this section is any motor vehicle authorized under franchise granted by the City of Salina which is propelled by motor power and which is used to convey passengers, for hire, over or on the streets of the City of Salina, and which vehicle has a capacity of ten (10) or more persons. (R. O. 1948, 18-1137) 23-1139. Condition of Certain Abandoned Property; Control; PenaltT Any person, firm, or corporation abandoning, storing or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment i of a capacity of one and one-half (1 %s) cubic feet or more and having a door or lid, or any person, firm or corporation, who being the owner, lessee, or manager of such place, knowingly permits such abandoned, stored or discarded article to remain in such condition, shall be deemed guilty of a public offense, and shall, upon conviction thereof, be punished by a fine not exceeding Fifty Dollars ($50), or by imprisonment not exceeding thirty (30) days, or by both such fine and imprison- ment. (Ord. 5947, Sec. A, 4-15-55; G. S. 1959 Supp . 38-710) CONSOLIDATED -SAI INA 1 ''u 1 CHAPTER XXIV. PUBLIC UTILITIES Article 1 . Miscellaneous Regulations Article 1. Miscellaneous Regulations 24-101. Tampering with Electric or Gas Meters, Wires or Pipes 24-102. Using or Taking Gas or Electric Current not Passing Through Meter 24-103. Unlawful Device on Premises; Prima Facie Evidence Against Consumer 24-104. Employees of Company: Enter Pre- mises for Inspection 24-105. Penalty to Sections 24-101, 24-102, 24-103; Company not Bound to Furnish Gas or Electricity 24-106. Painting of Poles Required 24-107. Penalty to Section 24-106 24-108. Poles in Certain District Prohibited 24-109. Wires Underground; Exceptions 24-110. Penalty to Sections 24-108 and 24-109 24-111. Trees: Light and Telephone Companies to Trim; Supervision NOTE: Statutory regulations relating to tampering with gas meters, etc. , G. S. 21-580. Statutory regulations relating to tampering with electric meters, etc., G. S. 17-1921. Raafl: Railroad Property, Sec. 23-113Y Waterworks Regulations, Chap. Wires Over Streets, Sec. ,26-130?, CONSOLIDATED-SALINA 1 1 24-101. Tampering With Electric and Gas Meters, Wires or Pies. Every person who shall, without authority, turn on, unseal or open an electric or gas meter or service or in any way tamper with any electric wires or gas pipes or meters owned by any individual, company or corpora- tion supplying gas or electric current to the City of Salina or its inhabitants, or who shall attach thereto any contrivance, mechanism or device whatsoever, so as to prevent, or which may be designed or intended to prevent the whole quantity of gas or electric current supplied to any con- sumer at meter rates from passing through and being measured by the meter provided for such purposes, and every consumer of gas or electric current at meter rates who shal I knowingly permit the same to be done for his or her benefit, or for the benefit of any association or corporation in which he or she may have any interest shall be guilty of a misdemeanor. (R. O. 1948, 19-101) 24-102. Using or Taking Gas or Electric Current not Passing Through Meter. Every consumer of gas of electric current at meter rates who shall, by means of any contrivance, mechanism or device whatsoever, knowingly take. or use any gas or electricity without the whole quantity so taken or used having passed through and been measured by a meter provided for such purpose shall be guilty of a misdemeanor. (R. O. 1948, 19-102) NOTE: G. S. 13-432. 24-103. Unlawful Device on Premises; Prima Facie Evidence Against Consumer. Proof of the existence of any contrivance, mechanism or device which prevents or which may be designed or intended to prevent the whole quantity of gas or electric current supplied to any consumer at meter rates from passing through and being measured by a meter provided for such purpose on the premises of any consumer of gas or electricity at meter rates, shall be prima facie evidence that such consumer knew of the existence thereof, and that he was knowingly taking and using gas or electric current, as the case may be, without the same have wholly passed through and been measured by a meter provided for such purpose. (R. O. 1948, 19-103) 24-104. Employees of Company: Enter Premises for Inspection. The servants and employees of every company or corporation supplying gas or electric current to the City of Salina or its inhabi- tants shall have the right at al I reasonable times to enter the premises of every consumer of gas or electric current at meter rates for the purpose of inspecting its wires, pipes and metersto ascertain whether or not the meters are correctly measuring the whole quantity of gas or electric current supplied to such consumer and a denial of such right of inspection during reasonable hours by any consumer at CONSOLIDATED-SALINA 1 1 meter rates shal I be prima facie evidence that such consumer is taking and using gas or electric current, as the case may be, without the whole quantity thereof passing through and being measured by a meter provided for that purpose. (R. O. 1948, 19-104) 24-105. Penalty to Sections 24-101, 24-102, 24-103, Company not Bound to Furnish Gas or Electricity. Every person who shall knowingly or intentionally violate Sections 24-101, 24-102 or 24-103 of this article shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum not to exceed Fifty Dollars ($50), and in addition thereto the individual company or corporation, so supplying gas or electric current shall not be thereafter bound to furnish either gas or electric current to the person so convicted of fraudulently taking or using either gas or electric current. (R. O. 1948, 19-105) 24-106. Painting of Poles Required. It is hereby made the duty of the owner or owners, or lessee or lessees, or agent or agents of the owner or owners of all telegraph, telephone, electric light and other poles now standing or hereafter placed in any parking, curb or street of the City of Salina and used in any way by the public service companies or corporations doing business in said city, to keep such poles painted to the satisfaction of the City Manager. (R. O. 1948, 19-106; G. S. 13-433) 24-107. Penalty to Section 24-106. Any person, firm, company or corporation failing or refusing to comply with the provisions of Section 24-106 shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100). (R . O. 1948, 19-107) 24-108. Poles in Certain District Prohibited. It shall be unlawful for any person, company or corporation to set or erect any telegraph or telephone poles or pole line in any street, avenue or alley in the City of Salina, within that part of the city lying between North Street on the north, South Street on the south, Front Street on the east and Tenth Street on the west: Provi�gd That this section shall not be construed to prevent the use, maintenance and repair of pole lines now in use within said limits. (R. O. 1948, 19-108) 24-109. Wires Underground; Exceptions. All telegraph and telephone lines constructed along or across any street, avenue or alley in the territory described in Section 24-108, shal I be placed underground and in compliance with directions of the City Engineer: Provid That this section shall not be construed to prevent additional cables and lines being placed on telegraph or telephone poles in use prior to January 1, 1910. (R. O. 1948, 19-109; G. S. 13-433) CONSOLIDATED-SALINA FJ I- 24-110. Penalty to Sections 24-108 and 24-109. Any person, company or corporation setting poles or placing wires or cables in the streets, avenues or alleys of the city in violation of Sections 24-108 or 24-109 shall, upon conviction thereof, be punished by a fine in any sum not i exceeding Fifty Dollars ($50) for each offense. (R. O. 1948, 19-110; G. S. 13-433) 24-111 . Trees: Light and Telephone Companies to Trims Supervision. Where trees and i branches extending over the streets, avenues and alleys of the City of Salina obstruct and prevent the proper construction and operation of electric light, power and telephone lines, such trees or branches may be cut and trimmed by the company operating such lines sufficient to permit the proper construction and operation of such lines, such trimming, however, to be done under the direction and supervision of the Superintendent of Streets and in such manner as not to unnecessarily injure or impair the life and appearance of such trees. (R. O. 1948, 19-111) CONSOLIDATED-SALINA r� 1 u CHAPTER XXV. REFUSE Article 1. Refuse Department Article 2. Refuse Haulers, Private Article 1. Refuse Department 25-101. Refuse Department; City Collection of Refuse 25-102. Definitions 25-103. Containers Required 25-104. Burning Combustibles; Removal of Ashes 25-105. Service Fees: Monthly Charges 25-106. Billing; Collection; Failure to Pay When Due 25-107. Additional Rules and Regulations 25-108. Penalty 25-109. Invalidity 25-101. Refuse Department; City Collection of Refuse. There is hereby created a Refuse Department within the Department of Service of the City of Salina to provide facilities for the systematic collection and disposal of refuse, as defined herein, from all households, commercial establishments and other premises within the city at such times and in the manner hereinafter provided. The city, by its Refuse Department, shall have the exclusive right to collect and dispose of all refuse produced within the city limits except as otherwise provided herein. (Ord. 6414, Sec. 1, 2-15-60; G. S.12-2107, 12-1103) 25-102. Definitions. (a) Refuse. For the purpose of this article refuse shall include garbage and trash as hereinafter described: Provided, That refuse shall not include the waste product resulting from building operations or solid wastes resulting from industrial operations. (b) Garbage shall consist of any and all accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, or storage of meats, fish, fowl, fruit or vegetables. (c) Trash shall consist of both combustible and noncombustible household rubbish and mercantile wastes consisting of nonputrescible substances such as broken ct xkery, cans, papers, rags, cartons, boxes, glass, wood, excelsior, metal, small pieces of mineral matter, leaves, grass cuttings, small tree limbs. and sweepings of dust and dirt. Trash shall not include: earth and wastes from building operations, solid wastes resulting from industrial processes and manufacturing operations. CONSOLIDATED-SALINA 1 u (d) Ashes and Clinkers shall consist of the residue resulting from the burning of combustible material in an approved manner outside a refuse container and from the com- bustion of coal or wood products used in normal heating and cooking processes, but not from industrial or manufacturing operations. (e) Person. For the purpose of this article, person shall mean any person, firm, I corporation, partnership, association, company or organization of any kind or governmental body or agency. (f) Authorized Collector of Refuse. For the purpose of this article, authorized collector of refuse shall mean any person duly qualified and operating under a license issued by the City of Salina as provided for in the ordinances of the city or said licensee's duly authorized agent. (g) Dwelling_Unit. The enclosure, building or portion thereof occupied by one or more persons for and as living quarters. (h) Single_Family Dwelling. For the purpose of this article, single family dwelling shall mean a building designed for and occupied exclusively by one family. (i) Commercial_Dwelling. For the purpose of this article, commercial dwelling shall mean a building or portion thereof designed for or occupied by three (3) or more families as a residence. (j) Commercial—Enterprise. For the purpose of this article, commercial enterprise shall mean a person engaged in the operation of a commercial enterprise and such commercial enterprises shall include the followings boarding houses, rooming houses, hotels, restau- rants, motels, trailer courts, public buildings, retail stores, schools, churches, hospitals, wholesale houses and all other users commonly designated as commercial or business. (k) Superintendent of Refuse. (1) There shall be appointed by the City Manager a Superintendent of Refuse. (2) The Superintendent of Refuse shall have the duty of administering and enforcing the collection of refuse. (3) The Superintendent of Refuse shall have the duty of supervising the operation of all city sanitary landfills. (4) The Superintendent of Refuse shall investigate and inspect all licensed refuse collectors and their equipment to determine if said collector and equipment comply with all ordinances pertaining thereto. (5) The Superintendent of Refuse shall perform such other duties as the City Manager may from time to time assign to him. (Ord. 6414, Sec. 2, 2-15-60) CONSOLIDATED-SALINA 25-103. Containers Required. (a) It shall be the duty of every owner or occupant of any residence, business house, mercantile or other business establishment to provide a metal receptacle with handles in which to place or deposit all garbage, and food containers such as cans, bottles, wrappers, cartons, boxes and all other putrescible substances that might tend to attract flies, insects or rodents. All such receptacles shall be provided with tight, flyproof metal covers and shall be kept closed except at such times as matter is being placed therein or removed therefrom: Provided, That where the Refuse Department makes collections, no container shall exceed thirty-two (32) gallons capacity, and the combined weight of the container and contents shall not exceed seventy-five (75) pounds. (b) All garbage shall be drained and securely wrapped with paper prior to being placed in said container. (c) Trash and nonputrescible substances may be placed in any type of container: Provided, That where the Refuse Department makes collections, no container shall excees thirty-two (32) gallons capacity and the combined weight of said container and contents shall not exceed seventy-five (75) pounds. (d) Said garbage and trash need not be separated:-> Provided, That it is placed in a container as described in paragraph (a). (e) All such receptacles shall be located so as to be easily accessible to refuse collectors and haulers. (Ord. 6414, Sec. 3, 2-15-60) 25-104. Burning of Combustibles: Removal of Ashes. (a) Combustible trash may be burned in incinerators of an approved type at such times and places as may be provided by ordinance. Ashes and other products of such burning, as defined, may be deposited for collection in the refuse container provided for each premises, but no embers or hot ashes shall be deposited in any such container. (b) It shall be unlawful for any person to place, deposit or burn any garbage, as defined, in any incinerator, refuse container or otherwise on any premises in the city: Provided, That garbage may be burned in an approved garbage incinerator located inside of any building. (Ord. 6414, Sec. 4, 2-15-60) 25-105. Service Fees; Monthly Charges. (a) Refuse services shall be rendered to householders and occupants of residential premises for the following charges to be paid monthly to the city as hereafter provided: (1) Each single-family residence, the sum of . . . . . . . . . . . . $1.25; (2) Each apartment or unit of a two-family dwelling, the sum of . . $1.25. CONSOLIDATED-SALINA 1 fl (b) All apartment houses or other multiple family dwellings, consisting of three (3) or more apartments or units, shall be classed as commercial and all such owners, house- holders or occupants shall contract with a licensed refuse hauler or refuse collection service. (Ord. 6414, Sec. 5, 2-15-60) 25-106. Billing; Collection; Failure to Pay When Due. (a) The charges heretofore required to be paid shall be billed monthly following the re6dition of service. The refuse service charge shall be billed along with the monthly water bill and the total bill shall be due and payable on the specified due date. (b) For the purpose of this article, the refuse and water service bill shall be con- sidered as one, thereby the total amount of delinquent accounts shall be penalized according to the provisions of Section 30-117 of this code. (c) Further, if said account is not paid within the ten (10) days after the due date, both water and refuse service shall be discontinued until the provisions of Section 30-117 of this code are complied with. (d) Those owners or occupants of single family dwellings, duplexes or two family apartment houses not receiving water service from the city, but reside within the limits of the city, shall contract for refuse collection service by the city. Service fees as established in Section 25-105 shall apply. Said owner or occupant shall be billed on a monthly basis by the Water Department for the refuse collection services. (e) Duplexes, two family apartment houses or other residences receiving city water services on a single service, being billed for such services on a "double minimum basis," shall be billed for two refuse collection services on the same bill. (f) In general, all refuse service accounts shall be considered delinquent if not paid on or before the specified due date. If not paid within ten (10) days following the due date, shall be subject to stoppage of service witbo;it notice and such stoppage shall not be construed to constitute a waiver of the city's right to proceed for the amount of such unpaid bill. In the event of such stoppage, service shall not be resumed until the accumulated delinquent fees and charges plus a One Dollar ($1) penalty have been paid (g) The Superintendent of the Refuse Department or his authorized agents shall have the authority to check all multiple -family dwellings in order to verify the number of apartments or units therein. (h) Exemptions. (1) Apartment houses or other multiple family dwellings consisting of three (3) or more apartments or units shall be exempt from city refuse collection service. CONSOLIDATED-SALINA 11 1 (2) It shall not be the responsibility of the owners or occupants of residences described in paragraph (1) to notify the city that he or she �=has a licensed refuse hauler collecting his or her refuse, but rather it shall be the responsibility of the licensed hauler, as hereinafter provided, to notify the Refuse Department that he has been employed by said person to collect, haul and dispose of said person's refuse. This shall apply to all residences classed as commercial and all commercial enterprises. on (i) Funds,_Handling Of. The Water Department shall furnish the City Treasurer/the first of each month a record of the amount of the previous month's billings for refuse collection service. The City Treasurer shall transfer from the Water Department Fund to the Refuse Department Fund the total amount of said billings. (Ord. 6414, Sec. 6, 2-15-60) Ref.: Article 2 of this chapter. 25-107. Additional Rules and Regulations. The Refuse Department is authorized to adopt and promulgate additional rules and regulations as may be necessary to supplement the provisions of this article. (Ord. 6414, Sec. 7, 2-15-60) 25-108. Penalty. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined in any sum not less than Ten Dollars ($10) nor more than Fifty Dollars ($50) for each offense. (Ord. 6414, Sec. 8, 2-15-60) 25-109. Invalidity. In the event that any part or parts of this article be determined unconstitutional or invalid, such determination shall not affect any other portion of this article. CONSOLIDATED-SALINA Article 2. Refuse Haulers, Private 25-201. License Required 25-202. Application for License 25-203. Type of Construction and Equipment for Licensed Vehicles 25-204. Clerk to Issue License 25-205. Rates Charged for Licenses 25-206. Disposition of License Fee Revenue 25-207. Term of License 25-208. Registration Decals for Vehicles 25-209. License Nontransferable 25-210. Monthly Reports 25-211. Authorized Collectors to Identify Addresses Being Served 25-212. Suspension of License 25-213. Penalty 25-214. Rules and Regulations 25-215. Invalidity 25-201. License Required. It shall be unlawful for any person to collect, transport or haul on any streets or alleys in the city or dispose in any manner any refuse accumulated in the city without first having obtained a refuse hauler's license as hereinafter described: Provided, That this section shall not be construed to apply to the following: (a) The Refuse Department or other departments of the city; (b) Any and all other governmental agencies; (c) To person who collect and transport refuse produced on premises owned or occupied by said person; (d) To persons, firms or corporations engaged in the occupation known as tree trimmers or tree surgeons: Provided further, That such persons who are not required to obtain a license hereunder shall comply with all other sections of this article and such other regulations as prescribed by the Refuse Department for the transportation of refuse over and upon the streets and alleys of the city. (Ord. 6415, Sec. 1, 2-15-60) 25-202. Application for License. Each person required by this article to be licensed to collect or remove refuse within the city shall file with the City Clerk an application for such license in such form as shall be prescribed by the City Clerk. (Ord. 6415, Sec. 2, 2-15-60) CONSOLIDATED-SALINA D D J 25-203. Type of Construction and Equipment Required for Licensed Vehicles. All vehicles in order to be licensed hereunder shall be constructed and equipped as follows: (a) Construction of the vehicle shall be such that trash or rubbish or salvage matter loaded therein or transported thereby shall be securely contained. (b) All vehicles shall be equipped with a permanently attached cover which may be either of rigid construction of fabric material. (c) All vehicles rated at eight thousand (8,000) pounds gross weight or less shall be equipped with truck bed sides at least forty-eight (48) inches in height above the floor of the truck bed and constructed of rigid material in such a manner as to securely contain trash. (d) Vehicles rated in excess of eight thousand (8,000) pounds gross weight shall be equipped with truck bed sides at least sixty (60) inches in height above the floor of the truck bed and constructed in such a manner as to securely contain trash. (e) All vehicles shall be equipped with a tail gate coverage and construction of the height equal to the sides of the truck bed which when closed shall securely hold and contain trash. Prior to the issuance of any license hereunder, the vehicle for which application is made shall be inspected and approved by the Police Department as to compliance with city ordinances and state statutes relating to equipment and operation of motor vehicles. Said vehicle shall also be inspected and approved by the Superintendent of Refuse as to being properly constructed and equipped for compliance with the provisions of this article. (Ord. 6415, Sec. 3, 2-15-60) 25-204. Clerk to Issue License. The license herein provided for shall be issued by the City Clerk and shall be signed by the City Manager and City Clerk, with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license and a description of the vehicle licensed; but no license shall be issued until the person applying therefor shall furnish to and file with the City Clerk the receipt of the City Treasurer showing the payment of the amount required by this article to be paid for such license. (Ord. 6415, Sec. 4, 2-15-60) 25-205. Rates Charged for Licenses. The amounts to be paid for a license shall be as follows: (a) For any vehicle used in the City of Salina in the business of collecting, removing and disposing of refuse, Fifteen Dollars ($15) per year or any portion thereof, for each such vehicle. (Ord. 6415, Sec. 5, 2115-60) CONSOLIDATED-SALINA 1 1 J L 25-206. Disposition of License Fee Revenues. The City Treasurer shall credit all the license fee revenue collected hereunder to the General Fund. (Ord. 6415, Sec. 6, 2-15-60) 25-207. Term of License. No license shall be issued under this article for a less sum than the annual rates specified herein, and every such license when issued shall expire the following December 31. All such licenses shall be nonassignable, but the same may be revoked by the Board of Commissioners upon the conviction of the licensee of having violated any of the provisions of this article. No license shall be granted to any person under eighteen (18) years of age. (Ord. 6415, Sec. 7, 2-15-60) 25-208. Registration Decals for Vehicles. Upon issuance of a license to collect or remove refuse within the city, the City Clerk shall deliver to the licensee one refuse hauler decal bearing the number of the particular license for each vehicle licensed to haul refuse, and the licensee shall securely attach such decal to the windshield of the licensed vehicle in such a manner that it shall be at all times clearly visible. (Ord. 6415, Sec. 8, 2-15-60) 25-209. License Nontransferable. No license issued hereunder shall be assigned or transferred by persons holding same as licensee. Such licensee may, however, change the registration of the vehicle operated under his license upon the following conditions: (a) Vehicle to be newly registered shall be inspected and approved by the Police Department and the Superintendent of Refuse in the manner hereinbefore provided. (b) The registration of the vehicle theretofore operated under such license shall be surrendered. (c) The sum of One Dollar ($1) as a fee for the transfer of registration of such vehicle shall be paid by the licensee to the City Treasurer. (Ord. 6415, Sec. 9, 2-15-60) 25-210. MonthlV.Reports. All persons licensed hereunder shall file a written report on with the Refuse Departmentgon forms prescribed and furnished by the Department.,/the first day of each month. The first such report shall list the names and addresses of all persons availing themselves of the licensee's services during the preceding month, and addresses served by the licensee. The second and subsequent monthly reports shall show only the deletions or additions to his first report: Provided, That the Superintendent of Refuse may at any time he deems it necessary demand a complete list of said licensee's customers and addresses served by said licensee. (Ord. 6415, Sec. 10, 2-15-60) CONSOLIDATED-SALINA 1 1 25-211. Authorized Collectors to Identify Addresses Being Served. (a) All persons licensed hereunder, shall mark, label or identify all residential addresses for which they collect, hauland dispose of refuse. (b) The method of identifying said addresses shall be prescribed by the Refuse Depart- ment, and the material or devices necessary for such identification shall be furnished said licensee by the Refuse Department. (c) Should such marking device be unlawfully removed or destroyed, it shall be the responsibility of said licensee to replace it during his first collection following such removal or mutilation. (Ord. 6415, Sec. 11, 2-15-60) 25-212. Suspension of License. (a) Conviction of any of the provisions of this article pertaining to licensed refuse haulers, shall be cause for suspension of any and all such licenses held by said licensee for a period not exceeding six (6) months by the Superintendent of the Refuse Department. (b) The licensee shall have the right to appeal to the City Commission within ten (10) days from the date of suspension. (Ord. 6415, Sec. 12, 2-15-60) 25-213. Penalty. Any person, firm or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined in any sum not less than Ten Dollars ($10) nor more than Fifty Dollars ($50) for each offense. (Ord. 6415, Sec. 13, 2-15-60) 25-214. Rules and Regulations. The Department of Refuse shall make, adopt and publish such rules as may be necessary to make this article effective and facilitate the systematic collection, handling and disposal of refuse. (Ord. 6415, Sec. 14, 2-15-60) 25-215. Invalidity. In the event that any part or parts of this article be determined unconstitutional or invalid, such determination shall not affect any other portion of this article. (Ord. 6415, Sec. 16, 2-15-60) CONSOLIDATED-SALINA 1 It Ir Article 1. House Moving 26-101. Moving House or Building: Permit Required 26-102. Building Official; Fire Chief Approve Route; Clerk Issue Permit 26-103. Bonds Required; Sureties 26-104. Removal of Wires; Charges 26-105. Moving Along Certain Streets Prohibited CHAPTER XXVI. STREETS Article 1. House Moving Article 2. Numbering Buildings Article 3. Driveways and Recessed Parking Areas Article 4. Surfacing and Resurfacing Roadways Article 5. Service Pipes and Sewers Ahead of Pavi ng Article 6. Excavations Article 7. Protection of Paving and Sidewalks; Stairways, Areaways Article 8. Grades; Bench Marks Article 9. Construction and Maintenance of Intersections with Railroads Article 10. Street Lights at Railroad Crossings Article 11. Sidewalks, Curbing, Guttering, Driveways, Etc. Article 12. Snow and Ice on Sidewalks Article 13. Miscellaneous Matters Relating to Streets Article 1. House Moving 26-101. Moving House or Building: Permit Required 26-102. Building Official; Fire Chief Approve Route; Clerk Issue Permit 26-103. Bonds Required; Sureties 26-104. Removal of Wires; Charges 26-105. Moving Along Certain Streets Prohibited CONSOLIDATED-SALINA fl L u 26-106. Standing in Streets; Signals i 26-107. Signals at Ends of Block 26-108. Extending Over Curb Line 26-109. Planking Required; Exception 26-110. Trees: Trimming; Supervision; Responsibility 26-111. Building Not to be Left Standing More Than One Hour Except at Night 26-112. Penalty NOTE: 99 Kan. 608, 126 Kan. 103. 26-101. Moving House or Building: Permit Required. No person or persons, either as an individual or as the agent, employee, officer, representative or member of any firm or cor- poration shall move any frame house or other building, or any part thereof from one place to another within the City of Salina, and through, over, on or across any street, avenue, alley or other public thoroughfare within said city without first making application for, and securing a permit so to do from the City Clerk. The application shall contain a description of the building, its location, the location to which it is to be moved and the proposed route; and for such permit, such applicant shall pay to the City of Salina, at the time such application is filed, an initial fee at the rate of Ten Cents (100 per square foot floor area per story using the outside of the building measurement of the building (open porches excluded), with a maximum of three thousand (3,000) square foot area, or Three Hundred Dollars ($300), said building over-all height, when loaded up for moving, shall not exceed thirty (30) feet, as determined by the Building Inspector; the applicant shall give the Building Inspector twenty-four (24) hours' notice in writing or in person before moving the building on any city street, which shall entitle said applicant to use the streets of said city for such moving operations during one (1) calendar day. If the moving operations are not completed within one (1) calendar day, the applicant shall pay to the City of Salina for use of said streets an additional fee in the amount of the initial fee for each calendar day or any part thereof, for which said city streets are used in such moving operations. (Ord. 6375, 9-15-59) 26-102. Building Official; Fire Chief Approve Route; Clerk Issue Permit. Before any such application is filed, it shall be referred to the Building Inspector of the City of Salina, who shall inspect any such house or building described in such application, and if the floor area does CCN 6JLIDATED-SALINA not exceed thousand ( ,000) square feet, and if in his opinion, such house or building is in a proper and fit condition to be moved to the destination designated by the applicant, and that after such moving it will remain in a proper and fit condition for the use intended, he shall endorse his certificate of approval upon the application. If the application is approved by the Building Inspector, he shall submit the same to the Fire Chief and the City Engineer for their approval of the route over which such building is to be moved. Such approval shall be noted on the application; and if the route is rejected, the Fire Chief or City Engineer shall note, thereon, a route which is satisfactory to them. When such application is filed, with the certificate of such Building Inspector and Fire Chief noted thereon,`(�the City Clerk shall issue the permit provided for in the preceding section thereof, which certificate shall be valid for sixty (60) days from the date of its issuance. (Ord. 6367, 8-25-59) 26-103. Bond Required; Sureties. Before the issuance of any permit by the City Clerk as provided for in Section 26-101, the applicant therefor shall file with said City Clerk a bond in the sum of Five Thousand Dollars ($5,000) conditioned that said applicant shall and will carry out and perform all of the duties imposed upon him by the provisions of this article, and that such applicant will indemnify and save harmless the said City of Salina and all=other persons from and against all damages and injury caused by such moving and from and against all claims for injury or damage whatsoever suffered or claimed to have been suffered on account of the moving of any such house or building or on acccunt of the omission or commission of any act in connection therewith, and indemnifying the City of Salina and the public and any and all persons against any injury, damage or loss suffered by them or caused by reason of said moving or resulting therefrom or from the violation of any of the terms of this article. Such bond shall be approved as to form by the City Attorney of the City of Salina and as to the sufficienty of the sureties by the City Manager of the City of Salina. Any individual who is damaged by reason of such moving may file suit directly against the surety named in such bond. One bond may be filed by any person to cover any and all moving of houses or buildings by such person during the period of such bond. Any surety may cancel any such bond as to future liability by giving ten (10) days notice in writing of such cancellation to the City Clerk, to take effect at the expiration of said ten (10) days, and after the giving of such notice, no permit shall be issued to the principal as required by this section. (Ord. 6367, 8-25-59) in such bond until he shall file another bond CON SOLIDATED-SALINA 1 1 26-104. Removal of Wires; Charges_ Any person or persons desiring to move any such house or other building on, over or across any street, avenue, alley or other public thoroughfare, across or along which any telegraph, telephone, electric light or fire alarm wires have been placed, shall give to the person, firm or corporation owning or in charge of such wires at least twenty-four (24) hours' written notice of the time and place, when and where it may be necessary to cut or remove such wires to permit the moving of such house or other building and shall deposit in advance with such person, firm or corporation the estimated cost of cutting, remo✓ing and replacing such wires. The owner or person in charge of such wires shall, within a reasonable time after the hour mentioned in such notice, remove said wires for a sufficient length of time to permit such moving, and the entire cost and expense of removing, cutting and replacing of said wires, including the time spent by the employees of the owner of such wires in going to and from such place, so as to permit the moving of any such house or other building, shall be paid by the person or persons making such request: Pmvided • That where such wires are less than twenty (20) feet above the surface of the street, the owner shall remove and replace the same without charge: Provided,,b;aevar;. That if by the terms of any existing franchise or ordinance, any person, firm or corporation has been given the right to maintain wires on, along or across any street or public thoroughfare in the City of Salina at a distance of not less than sixteen (16) feet from the ground, then the person, firm or corporation owning such wires shall not be required to remove and replace the same without charge unless such wires shall be less than sixteen 06) feet above the surface of street. (R. O. 1948, 23-103) 26-105. Moving Along Certain Streets Prohibited. It shall be unlawful for any of the persons mentioned in Section 26-101 of this article to move any house or other building into, along, through, upon or across Santa Fe Avenue, Fifth Street and Seventh Street between the south line of Elm Street and the south line of Walnut Street, or into, through, along, upon or across Asn Street, Iron Avenue or Walnut Street between the east line of Fourth Street and the west line of Ninth Street, except that for the moving of any house or other building across the Smoky Hill River or across or along any of such streets, a special permit may be granted by the City Manager. (R. O. 19481 23-104) 26-106. Standing in Streets. Signals, It shall be unlawful for any of the persons men - tioned in Section 26-101 of this article to permit any such house or other building to stand in or upon any street, avenue, alley or any other public thoroughfare in said city between the hour of sunset and the hour of sunrise without placing and maintaining between such hours aforesaid, in a CONSOLIDATED-SALINA 1 1 I� conspicuous position on said house or other building at least three (3) red lights or flashing lights or lanterns on each side of such house from which direction any traffic may approach, and without placing and maintaining between such house, upon any and all apparatus or equipment used in connection with such house moving, and remaining in any such street and thoroughfare, a sufficient number of red lights or flashing lights or lanterns so as to make the same visible to all approaching traffic. (R. O. 19481 23-105) 26-107. Signals at Ends of Block. If any such house or other building shall be left stand - ing in any street at night or at any other time, while no work is being done in connection with the moving thereof, the person, firm or corporation doing such moving shall place at each end of the block a warning sign of such size and method of construction as may be approved by the Street Commissioner, which shall, however, leave space at either side of such sign for the passing of traffic, for the purpose of notifying users of such street that the same is blocked and impassable, and any such sign shall be sufficiently lighted at night so as to make it plainly visible to all approach- ing the same and the person so moving any such house or building at the close of work on each day notify the Fire Chief of the exact location of any such house or other building in any street, avenue, alley or other public thoroughfareln the City of Salina. (R. O. 1948, 23-106) 26-108. Extending Over Curb Line. No house or other building shall be moved over, through, on or across any street, avenue, alley or other public thoroughfare in the city, where any part of such house or building extends over either curb line of such street, alley or public thorough- fare, except in the block from which or into which the house is to be moved. (R. O. 19481 23-107) 26-109. Planking Required; Exception. No house or other building shall be moved over or along any paved street in the City of Salina unless planking not less than two (2) inches in thick- ness, of a width equal to the full width of the rollers on which said building is moved, and shall be laid under all such rollers: ftgxidgaThat where any such house or building has a total floor area on all floors intended for living or business purposes of one thousand two hundred fifty (1,250) square feet or less, the person moving the same, with the consent and written permission of the City Engineer, on a showing made to such Engineer, that such house or building can be moved without planking without injury to the paving on any street, omit such planking on any such street or such part thereof as may be described in such permit: pravlACd fi bac That a permit to omit such plank- ing, or the use of planking where required and used, shall not relieve the person moving any such house or other building or the surety on bond, from liability for any damage which may be done CONSOLIDATED -SALIVA 1 1 to any pavement over or along which such house or building may be moved. (R. O. 1948, 23-111) 26-110. Trees: Trimming; Supervision; Responsibility No tree or any branch, limb or part thereof shall be broken, cut off or removed by any such person or persons for the purpose of moving any house or building, except under the direction and supervision of the Superintendent of Parks or of a person duly authorized by him, and in such manner and way and with such treat- ment of said tree thereafter as may be approved by said Superintendent of Parks. Any person so breaking or removing any tree or part thereof as herein provided for or who shall direct or request such breaking, cutting or removing, or who may be responsible therefor, shall pay the expense of such supervision and the expense of any employees of said Superintendent of Parks or of the City of Salina in and about such supervision or in the cutting or treatment of such tree: Provided That this section shall not be deemed to permit the cutting or trimming of any tree contrary to the pro- visions of the laws of the State of Kansas, nor to relieve any such person of any liability on account of any such cutting or trimming as provided for by the laws of the State of Kansas: Provided further, That for the purpose of this section, the Superintendent of Parks or his employees or other employees of the city, shall, when engaged in the cutting, trimming or removing of any tree or part thereof for the purpose of permitting any house or building to be moved, or when engaged in any manner in trimming or cutting any tree or part thereof at the direction or request of any such person, be deemed to be the agent and representative of the person on whose behalf such cutting and trimming is done, and who secured the permit for moving such house or building; and such person shall be responsible for the acts of such Superintendent of Parks or any other such employees in connection with the cutting, trimming or destruction of any such tree or parts thereof. (R. O. 1948, 23-108) 26-111. Building Not to be Left Standing More Than One Hour Except at Night. No building shall be stopped and left standing for a longer period than one 0 ) hour except between the hours of five (5) o'clock p.m. of one day and eight (8) o'clock a.m. of the succeeding day. 26-112. Penalty. Any person, either as an individual or as the officer, agent, repre- sentative, employee or member of any firm or corporation, and whether as the owner or as the representative of such owner of the house being or to be moved, or whether as the contractor for the moving of any such house, who shall violate any of the provisions of this article, or who shall order, direct, authorize or permit the violation of any of the provisions of this article shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than Fifty Dollars CONSOLIDATED -SALIVA 1 1 ($50) nor more than One Hundred Dollars ($100) for each violation: Provided.. That each and every violation of any provisions of this article shall be deemed a separate offense and that each separate day's violation of the provisions of this article shall be deemed a separate offense: Provi ed That the person making the application for the permit provided for in this article, whether as an individual or as an agent, employee or representative of any firm or corporation, shall be deemed to have authorized and shall be responsible for any violation of this article by any other person in any way connected with the moving of such house or building, but nothing herein contained shall be con- sidered as relieving any other person from responsibility of any violation of the terms of this article of which such person may be found guilty. (R. O. 1948, 23-109) i Article 2. Numbering Buildings 26-201. Buildings, Numbering 26-202. Starting Points 26-203. Even and Odd Numbers; Twenty-five Feet for Each Number 26-204. Size of Figures 26-205. City Engineer Assigns Numbers 26-206. Display of Numbers of Buildings Being Erected 26-207. Penalty Ref.: Removal of Numbers, Sec.; --//;0. 26-201. Buildings, Numbering. All the business houses and dwellings situated within the corporate limits of the City of Salina shall be numbered in the manner and according to the plan hereinafter specified. (R. O. 1948, 23-201) 26-202. Starting Points. The initial or starting lines shall be Santa Fe Avenue and Iron Avenue, numbering as follows: north and south from Iron Avenue and east and west from Santa Fe Avenue, and allowing one hundred (100) numbers to each block. All short and angling streets shall take the nearest parallel corresponding block number. The City Engineer is hereby authorized to make exceptions to, but as consistent with the numbering system provided as possible, for odd arrangements of streets. (R. O. 19481 23-202) CONSOLIDATED -SALIVA 1 26-203. Even and Odd Numbers;` Twenty-five Feet for Each Number. Even numbers i shall be put on the right-hand side of the streets and the odd numbers on the left-hand side of the streets allowing not more than twenty-five (25) feet for each number. (R. O. 1948, 23-203) I 26-204. Size of Figures. The figures used shall not be less than two and one-half j (2%2) inches high. (R. O. 19481 23-204) 26-205 CitTEngineer Assigns Numbers. It shall be the duty of the City Engineer to see that all buildings which may hereafter be erected, or changes in the fronts of buildings already I erected shall be supplied with the number or numbers to which they shall be entitled under this article by the owners thereof and in all such cases the figures shall correspond with the plan or system and specifications herein contained. The Building Official shall state the street number of the building on the building permit for a new building. (R. O. 1948 23-205) � "/ I 26-2W. Display of Numbers of Buildings Beina Erected. No business house or dwelling situated within the corporate limits of the City of Salina shall be erected without forthwith having displayed the number assigned to such building on and in front of such building. (Ord. 5678, Sec. 1, 7-28-52) 26-207. Pen Any person who shall fail to display the number assigned to his building as provided by this article.shall be deemed guilty of a misdemeanor and shall, upon con- viction thereof, be fined in any sum not exceeding Twenty-five Dollars ($25). (R. O. 19481 23-206) Article 3 Driveways and Recessed Parking Areas 26-301. Definitions 26-302. Permits; Where Driveways and Recessed Parking Areas not Permitted 26-303. Application for Permit 26-304. Issuance of Permit; Bond 26-305. Supervision; Specifications 26-306. Construction 26-307. Width and Location of Driveway Approaches and Recessed Parking Area CON EOLTDATL11- SALINA 1 1 1 it 26-308. Maintenance, Removal and Reconstruction 26-309. Cutting Curb; Unpaved Driveways or Recessed , �veY Parking Areas 26-310. Penalty 26-301. Definitions. For the purpose of this article, the following definitions shall apply to these words: (a) DrLvgway_ A place on private property for the operation of automobiles and other vehicles. (b) Dw_eway A roach, An area, construction or facility between the roadway of a public street and private property. For clarification, a driveway approach must provide access to some- thing definite on private property such as a parking area, a driveway or a door at least seven (7) feet wide intended and used for the entrance of vehicles. (c) Ous�de Sidewajk LLnet A line parallel to the property line lying along the edge of the sidewalk nearest the street roadway or curb; or, where no sidewalk exists, a line inthe street right of way parallel to and six (6) feet from the line of the private property. (d) CQrnars The point of intersection of the property lines of a corner lot where two streets i ntersect. (e) Cur ki Perki_r�.S nom. A length of curb equal to twenty-two (22) feet where an automobile or other vehicle can park. (f) PareQf Lend-, A lot or lots, or a tract officially registered under one ownership. (g) Cur Return. That portion of a curb next to a driveway approach or recessed parking area which includes the radius of curvature or the ramp -type lug on commercial or industrial type pave- ments and which connects the driveway approach or recessed parking area to the street curb. r (h) Re-sidenLDriYe-w-ay[ A4aproenh A driveway approach providing ingress and egress to residential property. (i) U jness Driv_ewa Appa A driveway approach providing ingress and egress to any property other than residential property. (i) Petsan.Every natural person, firm, partnership, association or corporation. (k) Re_cessea_ParkLaAce_as An area, construction or facility between the roadway of a public street and private property that is not intended for use as a driveway or a driveway approach and is to be used to provide angle parking for vehicles as provided by the traffic ordinance of the City of Salina. (Ord. 5823, Sec. 1, 11-27-53) CCNSOLiDATED-SALINA 1 26-302. Permits; Where Driveways and Recessed Parking Areas Not Permitted. (a) It shall be unlawful for any person to cut, break out or remove any curb along a street or alley without first obtaining a permit for a driveway approach or recessed parking area as hereinafter provided. (b) It shall be unlawful for any person to construct, alter or extend, or permit or cause to be constructed, altered or extended any driveway approach which can be used only as a parking space or area between the curb and private property. (c) No permit shall be issued for recessed parking area: i (1) In the "A" First Dwelling House District, "B" Second Dwelling House District or "C" Apartment House District as the limits of these districts are now or may hereafter be defined by the zoning ordinance of the City of Salina; (2) In any area where angle parking is permitted,by the ordinances of the City of Salina; (3) Where parking is prohibited by the ordinances of the City of Salina; (4) Which shall abut any street, the improved portion of which is less than forty (40) feet in width, measured between curb facings, without the approval of at least four-fifths (4/5) vote of the Board of Commissioners; (5) On any street that is not curbed and guttered or paved or both. (d) All permits granted for the use of public property under the terms of this article shall be revocable at the will of the City Commission. (Ord. 5823, Sec. 2, 11-27-53) 26-303. Application for Permit. Any person desiring to construct a driveway approach or recessed parking area across any curbing, parking, sidewalk or sidewalk space, shall first make application to the City Engineer for a permit therefor. Said application shall be in writing upon a form provided by the city and made available at the office of the City Engineer.- Such applica- tion shall contain information showing: (a) Type and estimated cost of construction; (b) The dimensions of the proposed driveway approach or recessed parking area; (c) The location of said driveway approach or recessed parking area by lot and block number as well as by street and house number; (d) The location of the driveway approach or recessed parking area on the lot; and (e) Such other information as may be required by the City Engineer. COti80LIDATED-SALINA The application shall be filed by the property owner desiring to construct said driveway f j approach or by his duly authorized agent. (Ord. 5823, Sec. 3, 11-27-53) 25-304. Issuance of Permit; Bond. Such permit shall be issued by the City Engineer if he has determined that the applicant has complied with the terms of this article and such rules, regulations and specifications of the City Engineer as shall be on file in his office and in the office of the City Clerk. The driveway approach or recessed parking area shall be completed within one hundred twenty (120) days after the date of issuance of such permit. Before a permit shall be issued by the City Engineer, the applicant must deposit with the City Clerk a good and sufficient bond running in favor of the City of Salina and conditioned that the applicant shall faithfully carry out all is required of him by this article, the said rules, regu- lations and specifications of the City Engineer and the permit for which application is made within a period of one hundred twenty (120) days from the date of the issuance of the permit. After such permit has been issued, the bond shall be forfeited if the permit holder shall not have completed all of the work authorized by the said permit in accordance with this article and the said rules, regulations and specifications of the City Engineer within a period of one hundred twenty (120) days from the date of the issuance of the permit and the city shal I be authorized to restore the parcel of land involved to the condition in which it existed prior to the commence- ment of any work that was done under the permit, including curbing and guttering where necessary, all at the expense of the permit holder, applying thereon the proceeds of the said bond. If the work shall be completed in accordance with the permit,thisj article and the said rules, regulations and specifications of the City Engineer within a period of one hundred twenty (120) days from the date of the issuance of the permit, the bond shall be null and void. Such bond shall be in an amount equal to half again the value of the improvements as shown on the application for the permit, and ChApfie,, % shall be prepared and executed in accordance with the provisions of/ except that such bond need not be approved by the City Attorney and City Commission, but must be approved by the City Engineer. (Ord. 5823, Sec. 4, 11-27-53) 26-305. Supervision: Specifications. All work done under a permit issued in compliance with this article shall be under the direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of such driveway approaches and recessed parking areas. Such rules, regulations and specifications shall be kept on file in the office of the City Engineer and ICON SOLIDATED-SALINA 1 1 the City Clerk at all times. A permit issued under the provisions of this article may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provisions thereof. The plans and specifications for any such work are now on file in said offices and are hereby approved and adopted. (Ord. 5823, Sec. 5, 11-27-53) 26-306. Construction. In addition to the rules, regulations and specifications pro- mulgated by the City Engineer with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this article: (a) All business driveway approaches shall be paved. (b) The outside of the driveway approach shall be a straight grade from the flow line of the gutter to the grade of the outside sidewalk line. (c) The top of the paving of the driveway or recessed parking area slab at the curb line shall be one and five-eighths 0 5/8) inches above the flow line of the gutter and shall not be con - strutted in a manner that will in any way interfere with or obstruct the drainage of the street or interfere with the use of the street for the purpose of travel. (d) The owner and contractor shall protect the public from injury and/or damage during the construction of driveway approaches and it is herein stipulated as an essential condition of the issuance of a permit that the City of Salina shall not be liable for damage which may arise from the prosecution of said work. (e) The right angle distance between the face of the existing curb and the face of the recessed curb shall be. not less than nine (9) feet in all recessed parking areas hereafter constructed. (f) The grade line of all recessed parking areas shall be a straight grade from the flow line of the gutter to a point not less than four (4) inches below the level of the outside sidewalk line which shall be the base of the recessed curb line. (Ord. 5823, Sec. 6, 11-27-53) 26-307. Width and Location of Driveway Aooroaches and Recessed Parking Areas The following limitations on the width and location of driveway approaches and recessed parking areas for each parcel of land shall be complied with: (a) No portion of a driveway approach, except the curb return, shall be constructed within six (6) feet of a corner. (b) No portion of a recessed parking area, except the curb return shall be constructed: (1) Within twenty-five (25) feet of a corner if the vehicles moving in the direction of traffic flow on the side of the street on which the driveway approach is to be situated are required to stop for a stop light or stop sign at such corner; and CONSOLIDATED-SALINA 1 (2) Within twenty (20) feet of any other corner. (c) No driveway approach shall be less than eight (8) feet nor more than thirty (30) feet in width at the outside sidewalk line, and the curb cut shall not exceed the width of said drive- way approach at the said outside sidewalk line by more than six (6) feet: Ernuiried, That the City Commission shall be empowered to grant special exceptions to the above and foregoing limitations. The granting or denial of such special consent by the City Commission shall be pre- dicated upon the calculated additional hazard to the general public as a consequence of allow- ing such exception in each particular case. (d) There shall be not less than one (1) curb parking space between any two (2) driveway approaches or recessed parking areas in the "D" Local Business District, "E" General Business District, "I"' Light Industrial District and "G" Heavy Industrial District as the limits of these districts are now or may hereafter be defined by the zoning ordinance of the City of Salina. (e) No recessed parking area shall be permitted, without the express consent of the City Commission, that is wider than fifty (50) feet at the outside sidewalk line. The granting or denial of such special consent by the City Commission shall be predicated upon the calculated additional hazard to the general public as a consequence of allowing a particular recessed parking area to be greater than fifty (50) feet in length. (Ord. 5872, Sec. 1, 7-16-54) 26-308. Maintenance, Removal and Reconstruction. Every driveway approach and recessed parking area shall be maintained and kept in a safe condition by the owner of the property served thereby, and any such driveway approach or recessed parking area which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or the use of said street for the purpose of travel shall be repaired to conform with the.specifi- cations of this article and said rules, regulations and specifications of the City Engineer or be removed. Upon the removal or cessation of use, as defined herein, of any such driveway approach or recessed parking area, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing and guttering shall be replaced, all by and at the expense of the owner of the property served thereby. (Ord. 5823, Sec. 8, 11-27-53) 26-309. Cutting Curb; Unpaved Driveways, or Recessed Parking Areas. Whenever any curbing and guttering or curbing, guttering and paving is hereafter constructed by any contractor pursuant to a contract with the City of Salina for such work, such contractor shall not be per- mitted and he is hereby prohibited from installing any driveway return or recessed parking area in CONSDUL)ATFD-SALINA 1 1 any curbing being or to be constructed by him unless the owner of the property to be served by any such driveway return or recessed parking area shall obtain a permit therefor and make arrangements either with sucl� contractor or with some other person engaged in and authorized to do similar work for the construction of a paved and curbed driveway approach leading to the property line of such property or a recessed parking area as permitted herein. Proof of such arrangements shall be furnished to the City Engineer before any permit for such work is issued, all such work to be constructed in accordance with the provisions of this article and the said rules, regulations and specifications of the City Engineer: Eroyided That where such proposed driveway approach crosses a cement sidewalk in good condition, such driveway approach need be constructed only to the outside sidewalk line: Provided_ further. That if the street in which any such driveway approach or recessed parking area is to be constructed is not paved, or if the paving thereof has not been contracted for, then the driveway approach or recessed parking area to be constructed need not be paved atthat time, if the owner of the property shall file with the City Clerk, as a condition to securing a permit for such driveway return, a written agreement to construct the paving in such driveway approach or recessed parking area whenever the paving in such street is constructed. (Ord. 5823, Sec. 9, 11-27-53) 26-310. Penalty Any person who shall violate any of the provisions of this article, or who shall not comply with the terms and conditions of such permit and the said rules, regulations and restrictions of the City Engineer, and either as to the comoletion of said driveway approach from the curb line to the property line, or as to the specifications for the construction thereof, approved as aforesaid, or of a recessed parking area, shall be deemed to be guilty of a misde- meanor and shall, upon conviction thereof, be fined not more than One Hundred Dollars ($100). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued, suffered or permitted. (Ord. 5823, Sec. 11, 11-27-53) Article 4 Surfacing and Resurfacing Roadways 26-401. Definitions 26-402. General Regulations 26-403. Application for Permit CON.bLIVATM-SALINA 1 LJ 1 26-404. Issuance of Permit; Bond 26-405. Supervision; Specifications 26-406. Construction 26-407. Saving Clause 26-408. Penalty 26-401. Definitions. For the purpose of this article, the following definitions shall apply to these words: (a) S}reett. The area between opposite property lines that has been dedicated or condemned for use by the city as a public street. (b) Roadway- The improved portion of a street. (c) Ptron. Every natural person, firm, partnership, association or corporation. (Ord. 5869, Sec. 1, 7-2-54) 26-402. General Regulations. (a) It shall be unlawful for any person to construct, reconstruct, surface or resurface any roadway or part thereof without first obtaining a permit for roadway construction as hereinafter provided. (b) No permit shall be issued for roadway construction: (1) Unless the area where such construction is to take place shall have been formally dedicated or condemned in accordance with law for use by the city as a public street; (2) Unless the roadway has previously been curbed and guttered in accordance with specifications currently on file in the office of the City Engineer or unless said roadway shall be so curbed and guttered at the time of the surfacing or resurfacing thereof; and (3) Unless it shall be constructed of material and quality at least equal to the immediately abutting existing roadway. (c) All permits granted for the use of public property under the terms of this article shall be revocable at the will of the City Commission. (Ord. 5869, Sec. 2, 7-2-54) 26-403. Application for Permit. Any person desiring to construct, reconstruct, surface or resurface a roadway in the City of Salina either for himself or for others, whether or not for hire, shall first make application to the City Engineer for a permit therefor, said application to be in writing upon a form provided by the city and made available at the office of the City Engineer. Such application shall contain information showing: (a) Type and estimated cost of construction; CONSOLIDATED-SALINA D 1 (b) The dimensions of the proposed roadway; (c) The location of said roadway within the city as well as its location within the street; (d) Such other information as may be required by the City Engineer. The application shall be filed by the property owner desiring to construct said roadway or by his duly authorized agent. (Ord. 5869, Sec. 3, 7-2-54) 26-404. Issuance of Permit; Bond. Such permit shall be issued by the City Engineer if he has determined that the applicant has complied with the terms of this article and such rules, regulations and specifications of the City Engineer as shall be on file in his office and in the office of the City Clerk. The roadway shall be completed within one hundred twenty (120) days after the date of the issuance of such permit. Before a permit shall be issued by the City Engineer, the applicant must deposit with the City Clerk a good and sufficient bond running in favor of the City of Salina and conditioned that the applicant shall faithfully carry out all that is required of him by this article; and the rules, regulations and specifications of the City Engineer,- that ngineer, that he shall hold the City of Salina harmless against all claims, loss or damage which it may sustain or suffer by reason of any breach of the terms and conditions of this article by said principal or by reason of any injury to persons or property occasioned by the action of said principal or his employees or agents; and that said principal shall maintain the improvements to be construced by him as provided for in this article and shall repair and make good all defects in material or work- manship that might occur within a period of two (2) years after the date of completion thereof. After such permit has been issued, the bond shall be forfeited if the permit holder shall not have completed all of the work authorized by said permit in accordance with this article and the rules, regulations and specifications of the City Engineer within a period of one hundred twenty (120) days from the date of issuance of the permit, and the city shall be authorized to restore the parcel of land involved to the condition in which it existed prior to the commencement of any work, or, if financially more practical to complete the work and, in either event, charge all of the expense, including curbing and guttering where necessary, to the permit holder, applying thereon the proceeds of said bond. If the work shall be completed in accordance with the permit, this article and the said rules, regulations and specifications of the City Engineer within a period of one hundred twenty (120) days from the date of the issuance of the permit, the bond shall be null and void, such bond shall be in an amount equal to half again the value of the improvements CONSOLIDATED -SALIVA 1 1 1 as shown on the application and shall be prepared and executed in accordance with the provisions of Ok er7of this code, except that such bond need not be approved by the City Attorney and City Commission but must be approved by the City Engineer. (Ord. 5869, Sec. 4, 7-2-54) 26-405. Supervision; Specifications. All work done under a permit issued in compliance with this article shall be under the direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of such roadway. Such rules, regulations and specifications shall be/kept on file in the offices of the City Engineer and the City Clerk at all times. A permit issued under the provisions of this article may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provisions hereof. The plans and specifi- cations for any such work are now on file in said offices and are hereby approved and adopted. (Ord. 58691 Sec. 5, 7-2-54) A- 26-406. 26-406. Construction. In addition to the rules, regulations and specifications promul- gated by the City Engineer with respect to roadway construction, the following requirements shall be deemed to be the minimum requirements for work done under the provisions of this article: (a) S_ubgLa�d& PLe_WQ_tiQn The subbase shall be a six (6) inch sand -gravel base (stabilized) of not less than three hundred (300) pounds added per square yard. This work shall include the delivery of materials to the site and sprinkling, blading, rolling and lightly scarifying where necessary to get the proper crown, which shall be in accordance with the standard specifications of the City Engineer. (b) 5_ur&wiN_ The surfacing aggregate shall be sand -gravel type SA -1, with percentages retained in standard mesh sieves as follows: 0% on one 0 ) inch; 0-5% on three-fourths (3/4) inch; 0-20% on three-eighths (3/8) inch with a fineness modulus of 4.00 to 5.00. The aggregate is to be placed in uniform windrows along the roadbed and spread in layers, additional water added if necessary an� rolled. Compaction shall be obtained by the use of sheeps foot or pneumatic tired rollers, or equivalent equipment. Rolling shall be accompanied by sufficient blading to insure a smooth surface, which shall be free from ruts and ridges with the proper section and crown as required above. The materials for blacktopping shall consist of a penetration of 0.3 to 0.4 gallons per square yard of MC 1 or MC 2, two seal coats of 0.4 to 0.6 gallons per square yard of o{ RC 3 or RC 4 with a cover approximately thirty-five (35) pounds of sand or chat per square yard. CONSOLmwran-S.wixw (c) Dimensions ani LocatLcns The dimensions and location of the roadway must be approved by the City Engineer as being consistent with surrounding and adjoining existing or contemplated roadways. (Ord. 5869, Sec. 6, 7-2-54) j26-407. Saying Clause. If any section, part or phrase of this article shall be held illegal, unconstitutional or void, this shall not be construed to render void any other provision or requirement of this article. (Ord. 5869, Sec. 7, 7-2-54) 26-408. Penalty. rAny person who shall violate any of the provisions of this article, or who shall not comply with the terms and conditions of such permit and the said rules, regulations and restrictions of the City Engineer.as to the completion of said roadway. or as to the specifi- cations for the construction_ thereof approved as aforesaid, shall be deemed to be guilty of a mis- demeanor and shall, upon conviction thereof, be fined not more than One Hundred Dollars ($100). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision. -of this article is committed, continued, suffered or permitted. (Ord. 5869, Sec. 8, 7-2-54) Article 5 Service Pipes and Sewers Ahead of Paving 26-501. Lot Owners Lay Service Pipes and Sewers Prior to Paving 26-502. Notice to Owners; City May Lay Pipes; Special Assessments 26-503. Work According to Specifications 26-501. Lot Owners Lay Service Pipes and Sewer -Prior to Paving. It shall be the duty of the owner or owners of any lot or lots within the corporate limits of the City of Salina to con- struct and lay water service pipes, gas service pipes and sewers to the back of the curb abutting such lot or lots whenever ordered so to do by order, resolution or ordinance of the Board of Com- missioners made in conformity to law: -P,,, pyLc , That such water service pipes, gas service pipes and sewers shall not, by said Board of Commissioners, be ordered constructed or laid under the provisions of this article except in regard to property abutting upon streets upon which paving has been ordered in: Provided further,_ That the Board of Commissioners shall not order the laying or construction of more than one water service pipe, one gas service pipe or one sewer for each two CONSOLIDATEDSALINA (2) lots or fractional parts thereof along and abutting said paving, nor shall any service pipes or sewers be so ordered in on any streets within said city where the mains for the same are not laid. (R. O. 19481 23-1001; G. S. 12-832) 26-502. Notice to Owners; City May Lay Pipes; Special Assessments The Board of Commissioners shall give notice of any order to construct water service pipes, gas service pipes or sewers by publishing an order to such effect for three (3) consecutive days in the official city paper and in event the owner or owners of such lot or lots ordered to lay and construct the same shall refuse or neglect to lay down or construct such water service pipes, gas service pipes or sewers within thirty (30) days from and after the last publication of such order, then the Board of Commissioners shall proceed to construct or cause to be constructed and laid such water service pipes, gas service pipes or sewers in accordance with the provisions of law and the cost thereof shall be assessed against the two adjoining lots or fractional parts thereof for which such service pipes or sewers are laid, and such assessments shall be certified by the City Clerk to the County Clerk to be collected according to law in the same manner as paving assessments are collected: Provide That after the expiration of the time designated in such order for the construction of such service pipes or sewemthen such owner or owners shall not construct or cause the same to be constructed without first having written authority therefor from said Board of Commissioners. (R. O. 1948, 23-1002; G. S. 12-833) 26-503. Work According to Specifications The laying and construction of all service pipes and sewers as hereinbefore provided for shall be in accordance with all city ordinances regulating the same and shall be in accord with the plans, specifications and requirements as provided for by ordinance or direction of the Board of Commissioners. (R. O. 1948, 23-1003) Article 6. Excavations 26-601. Permit Required 26-602. Permit Application 26-603. Bond 26-604. Deposit for Cost of Refilling; Charges I I 26-605. Filling to be Done by Street Department CONSOLMATLD-$ALINA 1 1 26-606. Refunds on Deposits; Permits to Public Service Corporations 26-607. Refilling; Notice to City Engineer 26-608. Money Credited to Street Department Fund 26-609. No Rod or Stake Driven Through Pavement 26-610. Precede Paving; Property Owners Notified; No Paving Broken for One Year 26-611. Signals; Regulations 26-612. Removal of Signals, Etc. 26-613. Penalty 26-601. Permit Required. No person, firm or corporation shall make any excavation in any street, alley or other public ground in the City of Salina for any purpose whatsoever, except excavations required for work under contract with the city for which usual performance and main - tenance bonds are required, until he or it shall first secure from the City Engineer a permit, countersigned by the City Clerk to make such excavation. (R. O. 1948, 23-401) 26-602. Permit Application. For the purpose of obtaining the permit above mentioned, the person desiring the same shall file with the City Engineer a written application, signed by such person or authorized representative of the firm or corporation, which shall show the location, size and purpose of the excavation and such other information as may be required by the City Engineer. A duplicate copy of such application approved by the City Engineer, and on which he shall note the amount of the estimated deposit, as required by Section 26-604 of this article, shall be filed with the City Clerk. (R. O. 1948, 23-402) G 26-603. Bond. No such permit shall be granted until there shall be filed with the City Clerk a bond to be given by the applicant as principal with good and sufficient sureties approved by the City Manager, in the principal sum of not less than Two Thousand Dollars ($2,000), running to the City of Salina as obligee for the benefit of the City of Salina and any other person who may be injured by any violation of the conditions thereof, such bond to be conditioned for the faithful performance by the principal thereof of all work which may be done by him within the period CONSOLIDATED-SALINA 1 1 covered by said bond under any permit which may be granted to him under the provisions of this article for the making of any excavation in any street, alley or other public grounds in the City of Salina, and that all work done thereunder shall be done in strict conformity with all ordinances of the City of Salina relating to such work and in accordance with the plans and specifications of the City Engineer relating thereto, and that the principal in said bond will indemnify and save harmless the said city and all other persons against all costs, damages and injuries sustained by said city or by any other person whomsoever, by reason of the carelessness or neglect of the principal of said bond or his agents, servants, employees or representatives, either on account of their failure to comply with the provisions of the ordinances of the City of Salina relating to such work or with the rules and regulations adopted pursuant thereto or with any of the plans and specifi- cations governing the performance thereof, or otherwise; and no bond so given by any person shall be cancelled nor shall the surety thereon be relieved from further liability under any such bond until he shall file with the City Clerk a notice in writing at least ten (10) days prior to the date of the cancellation thereof, of the intention of said surety of its cancellation of liability under such bond and after the filing of such notice with the City Clerk, no further permit shall be granted to the principal in any such bond so cancelled until a new bond shall have been filed and approved: ovLdd,- That no cancellation of any bond shall affect the liability of the principal or surety thereupon on any work done pursuant to any permit issued prior to the receipt of the notice of such cancellation. (R. O. 1948, 23-403) 26-604. Deposit for Cost of Refilling; Charges. No such permit shall be granted to any person until he shall deposit with the City Clerk a sum sufficient to cover the cost of refilling said excavation and of replacing, repairing and maintaining any pavement over such excavation as provided for herein, the amount of deposit so required to be estimated by the City Engineer as pro- vided for in Section 26-602 of this article, in no case to be less than Ten Dollars ($10). The City Engineer shall prepare a schedule of charges for the refilling of and the replacing, repairing and maintenance of the pavement over such excavation, which schedule shall be filed in the offices City Clerk and of thelCity Engineer. (R. O. 1948, 23-404) 26-605. Filling to be Done by Street Department The filling and tamping of all such excavations and the repair of all pavements over any such excavation shall be done by the Street Department on order of the City Engineer and in accordance with the specifications for such work prepared by the City Engineer. The City Engineer shall, from time to time, prepare standard plans and specifications for the making of excavations in the streets, alleys and other public CONSOLMATLD-$ALINA 1 grounds of the city and for the making of pavement cuts and for refilling and tamping the same and for repairing pavements, which shall be submitted to the Board of Commissioners for approval, and when so approved shall be filed in the offices of the City Clerk and the City Engineer, and it shall be a condition of any permit issued under this article that the person receiving the some shall comply in all respects with all such standard plans and specifications. (R. O. 1948, 23-405) 26-606. Refunds on Deposits; Permits to Public Service Corporations, Upon notifi- cation by the City Engineer that any excavation is to be refilled, the Superintendent of Streets shall, within twenty-four (24) hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall refill the same and make all necessary paving repairs all in accordance with the plans and specifications of the City Engineer, and shall certify to the City Clerk the quantities of filling and paving repairs required and the total charges as calculated from such quantities and the schedule of charges prepared by the City Engineer shall be charged against the person obtain- ing the permit for the excavation, and taken out of the deposit made when the permit therefor was issued, and the balance, if any, refunded to such person, or if the deposit is found to be insufficient to pay such charges, such person shall pay the balance due thereon to the City Clerk immediately on demand: CWgided, That the City Engineer may permit any public service cor- poration to furnish labor and materials and refill excavations and repair pavements under the supervision of the Street Department, in which case the deposit to cover cost of repairs may be waived and the charges against the public service corporation shall be the actual cost to the Street Department of such supervision plus twenty-five per cent (25%) for overhead, but the application and permit required by this article shall be required in all cases and all such work shall be done strictly in accordance with the plans and specifications of the City Engineer as herein provided for. (R. O. 1948, 23-406) 26-607. Refilling; Notice to City Engineer. The party to whom any such permit is issued shall notify the City Engineer in writing when such party is ready for the excavation to be refilled. The City Engineer shall note thereon the time of receipt of such notice and shall immediately order the Street Department to refill the excavation and the Street Department shall, within twenty-four (24) hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall thereafter maintain the necessary barriers, barricades and lanterns until the refilling and repaving is completed and ready to open to traffic. The party to whom the permit is CONBOLIDATFX -SALIVA 1 1 1 issued shall maintain all barriers, barricades and lanterns and shall be responsible for all damages or injuries arising from or incidental to such excavation until same has been taken charge of by the Street Department as provided for above or until the expiration of twenty-four (24) hours, exclusive of Sundays and legal holidays, after the City Engineer has received written notice that the excavation is ready for refilling, and after the expiration of said twenty-four (24) hours, exclusive of Sundays and legal holidays, from the receipt of notice by the City Engineer, the party making such excavation under any such permit shall not be liable in connection with any injuries which may be sustained in connection with such excavation except such as may result from defective work done by such person in connection with such excavation, or the actual negligence of such party. (R. O. 1948, 23-407) 26-608. Money Credited to Street Department Fund. All money received by the city to pay the cost of refilling excavations and repairing pavements shall be credited to the fund maintaining the Street Department. (R. O. 1948, 23-408) 26-609. No Rod or Stake Driven Through Pavement. No person, firm or corporation shall, at any time for any purpose whatever, drive any rod or stake through any pavement on any street, alley or other public ground in the City of Salina, without first obtaining the written permit of the City Commission to do so. (R. O. 1948, 23-409) • • - - • - •0 • • - - • - • • • 11110 . • - • - - •Ide Whenever a street, avenue or alley is about to be paved, the City Engineer, or his authorized representative, shall notify the property holders, lessees or tenants on such street, avenue or alley, so that all water, steam, gas, drain or sewer connections can be made prior to the paving of the same. After the subgrade has been rolled preparatory to the laying of the pavement, no permit shall be issued for the excavation in or on said street within twelve (12) months from the completion of the paving, except for the purpose of repairing leaks in any water, steam, gas, drain, sewer or other pipe or conduits, meaning hereby to prohibit excavations for all new work in said block within the time above mentioned. (R. O. 1948, 23-410) NOTE: City May Order the Laying of Service Lines, G. S. 12-832, 12-833. Ref.: See Art. S, this chapter. 26-611. Signals; Regulations. Every person, persons, company or corporation to whom any permit is issued, as hereinbefore provided, shall enclose all excavations which he or they may make in the public streets, avenues or alleys with sufficient barriers and danger signals at all times, CONSOLIDATED-SALWA fl 1 1 and must maintain sufficient red lights at night, and must take all the necessary precautions to guard the public against all accidents from the beginning of said work to the completion of the same, and shall only make such excavations on condition that he is or they are liable for all damages that may result from the necessary prosecution against the City of Salina in consequence of any accident or accidents to persons, animals, vehicles, conduits or property of any kind, and such person, persons, company or corporation shall also be liable to the City of Salina on their bond for the same. Trenches or ditches in depth of six (6) feet or more, and in all made or otherwise treacherous soil, or near buildings, the sides of said trenches or ditches shall be so braced as to prevent caving or injury to the adjoining premises; and the party excavating and his bondsmen shall be liable to said city for all damages arising by reason of neglect or carelessness in this respect. All excavating and refilling shall be made with such material and in such manner as may be directed by the City Engineer, or his authorized representative, and all paying, curb- ing, guttering or macadamizing shall be replaced and renewed in as perfect and substantial con- dition as before being disturbed; and all such paving, curbing, guttering and macadamizing shall be done by men who are experienced in such work and fully qualified to do the same in a proper and substantial manner. Any directions that may be given, either in writing or orally, by the City Engineer, or any person entrusted with the supervision of such work, to any person, persons or corporation engaged in making or refilling any such excavation shall be immediately obeyed; and the violation of such directions, or the failure to perform the same, shall be deemed a violation of the provisions of this article. All parties making excavations under the provisions of this article in any of the streets, avenues, alleys or sidewalks of said city shall, at all times, be required to keep open in said streets, avenues, alleys and sidewalks good, sufficient, secure and unobstructed passageways for the safe passage of all vehicles and pedestrians. (R. O. 1948, 23-411) 26-612. Removal of Signals, Etc. Any person, persons, company or corporation who shall make or attempt to make any excavation or refill the same, or do or attempt to do any other act in violation of the provisions of this article, or any person, company or corporation who shall remove or attempt to remove from the site of the excavation or work any of the barricades, danger signals or lights required by the provisions of this article, shall be deemed guilty of a violation of the terms and provisions of this article. (R. O. 1948, 23-412) CONSOLMATED-SALIVA 1 1 26-613. Penalty. Any person who violates any of the provisions of this article for which no other penalty is provided shall, upon conviction thereof, be fined in a sum not less than Three Dollars ($3) nor more than One Hundred Dollars ($100). (R. O. 1948, 23-413) MANIM. Mr -Man. a• •i. Sidewalks; Stairways, Areaways 26-701. Removing Barrier Protecting Paving or Sidewalk I 26-702. Using Sidewalk or Paving Protected by Barriers 26-703. Certain Construction: Permits Required 26-704. Stairway or Areaway: Protection; Requirements; 26-705. Penalty • ' - U • i - ' • - ' • • 'IT I • • • - • • any person to remove, displace, take away or in any manner interfere or meddle with any barricade, barrier, obstruction, railing, light or other warring signal placed by the City of Salina, or any agent thereof or by any company or person acting under the authority or with the consent of said city, for the purpose of protecting any pavement, sidewalk or other public improvement in the course of construction in said city. (R. O. 1948, 23-701) 26-702. Using Sidewalk or Paving Protected by Barriers. It shall be unlawful for any personto walk upon or use any sidewalk or to use or operate any kind of vehicle upon and over any pavement in the course of construction in said city when the same shall be protected against such use by means of barriers, barricades, obstructions, lights or other warning signals placed there by said city or by persons acting with authority and consent of said city, for the purpose of protecting such unfinished pavement, sidewalk or other public work against damage until its completion. (R. O. 1948, 23-702) 26-703. Certain Construction: Permits Required. No person, firm or corporation shall construct in any street or in or under any sidewalk in the City of Salina any bulkheads, cellar CONSOLMAT&D-SALIVA or basement ways, areaways, railings or stairways, or excavations for any of the same without first securing from the Board of Commissioners of said city a permit for the same which shall in each case state specifically the terms and conditions under which such permit is issued and the manner in which and the conditions under which the same shall be maintained. (R. O. 1948, 23-703) 26-704. Stairway or Areaway: Protection; Requirements. No person, firm or corpora- tion shall use or maintain in any street or in or under any sidewalk in the City of Salina any cellar or basement way, areaway or stairway, unless the same shall be protected by an iron railing on all exposed sides thereof which shall consist of at least two (2) rails, the top one of which shall be at least -thirty-nine (39) inches above the street level and the other rail one-half that height from the street level. In the case of stairways leading into any such cellar or basement way or areaway, the head of such stairway shall be protected by an iron gate comprised of at least two (2) rails or the same height from the street as herein specified for other railings, which shall open outward from such cellar or basement way or areaway, and shall be constructed that the same shall at all times be securely latched so that the same cannot be opened by a person walking into or against the some from the outside thereof, and such gate shall be constructed that it shall at all times be kept closed except when in actual use. (R. O. 1948, 23-704; G. S. 13-439) 26-705. Pena t Any person, firm or corporation or any member, officer, agent or representative thereof who shall violate or cause or permit the violation of any of the provisions of this article shall, upon conviction thereof, be fined not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each offense. (R. O. 1948, 23-705) Article 8. Grades. Bench Marks 26-801. Bench Marks Established 26-802. Present Grades; Contour Maps 26-803. Grades Hereafter Established 26-804. Grades Established by Engineer; Change by Ordinance Ref.: Molesting Grade Stakes, Etc., Sec. 2 3-1117. 26-801. Bench Marks Established. The bench marks heretofore established in the City of Salina by the United States Coast and Geodetic Survey and placed upon certain established j CONSOLIDA?E"ALINA 1 1 LJ buildings and at other places in the City of Salina, as hereinafter set forth, be and they are hereby established as the official bench marks to be used in ascertaining and fixing the elevations and grades of the streets and alleys in the City of Salina, the location of said established bench marks and their elevations above sea level, as fixed by said survey (and as sho<wn on pages 38 and 39 of Bulletin 571 of the United States Geological Survey of the Depart- ment of the Interior), located in what is known in the records of said Department as the "Salina Quadrangle," being as follows, to wit: Salina, in the northeast part of, east of tanks of Standard Oil Co., 42.75 feet north i of line of telegraph poles which parallel on north side of the Union Pacific R.R. track, 10 feet east of north -south fence bounding land of Standard Oil Co., in limestone block 30 inches square and 15 inches high, set in concrete, which is surface mark of Station; top of copper bolt lettered "U.S.C.&G. 18 96 Survey" (C.&G.S.b.m. Salina West Base) . . . . . . . . . . . . . 1,220,008 feet. Salina, Missouri Pacific Ry. station, which is constructed of rough stone, under window in west side of bow window in front of building, in face of stone window sill; intersection of two lines forming across, marked "U.S.C.&G.S.B.M." (C.&G.S.b.m.F 1) . . . . . 1,224,506 feet. Salina, brick building owned and occupied by H. D. Lee Mercantile Co., at left side of steps to maim entrance on Santa Fe Avenue, in upper surface of stone coping to vestibule; bottom of square cut, marked "U. S. B. M." (C.&G.S.b.m.G 1) . . . . . . . . . . . . . . . . . 1,225.828 feet. (R. O. 1948, 23-501) 26-802. Present Grades; Contour Maps. The present grades of all of the streets and alleys in the City of Salina which are now paved, be and the same are hereby declared to be the established grades for such street and alleys, and the City Engineer of the city shall hereafter make a contour map of the City of Salina, marking thereon the grades of such streets and alleys, based upon the elevations referred to in Section 26-801 hereof. (R. O. 1948, 23-502) 26-803. Grades Hereafter Established. It shall be the duty of the City Engineer, whenever any street or alley is graded or paved or any new sidewalk placed thereon, to establish and fix the grade of such street or alley based upon the elevations established and referred to in Section 26-801, and recorded as provided in Section 26-802 hereof. (R. O. 1948, 23-503) streets and alleys in the City of Salina or any part thereof established or fixed by the City Engineer, CONSOLIDATED -SALIVA 1 1 1 pursuant to the provisions of this article, shall be recorded by the City Engineer as a part of the permanent records of his office, and any such grade shall thereafter be considered as the estab- lished stab-Iished grade of any such street or alley until the same be changed as provided by law. (R. O. 1948, 23-504) NOTE: Change of Grade, G. S. 13-1019 to 13-1022. Grade Need Not Be Originally Fixed by Ordinance, G. S. 13-1019, 12-632; Smith v. City of Courtland, 103 Kan. 142. Must be Affirmative Action Fixing Grade, Rinehart v. City of Concordia, 152 Kan. 473. 26-901. Railroad Companies Maintain Crossings; Specifications 26-902. Provisions May be Waived in Writing 26-903. Penalty of every company owning, managing or operating any railroad within the limits of the City of Salina, which crosses any street, alley or highway or which traverses any such street, alley or highway,: within such city, to construct and keep in repair substantial and suitable crossings at each intersection of such railroad with such streets, alleys or highways, such crossings to be con- structed in accordance with some one of the plans and specifications for railroad crossings on file in the office of the City Engineer and hereby adopted: ProvidecL. That it shall be deemed a compliance with this article for any railroad company to construct and maintain such crossings in a manner as substantial and suitable as provided in the plans and specifications on file in the office of the City Engineer in which event, however, said company shall first file with the City Clerk plans and specifications for the construction of such crossings, and obtain from the City Manager permission to construct such crossings in accordance therewith. (R. O. 1948, 23-801) 26-902. Provisions May be Waived in Writing. The City Manager may waive the pro - visions of this article by written waiver as to any crossing which it is unnecessary to construct and maintain in accordance herewith on account of light traffic over such crossing, and a written waiver C074SOLIDATED-SALX14A 1 D from the City Manager as to any such crossing until such time as such waiver is revoked by the City Manager or the Board of Commissioners, which may be done at any time. The City Manager shall file with the City Clerk a copy of all such waivers, and the City Clerk shall keep them on file until they are revoked. (R. O. 1948, 23-802) 26-903. PPn-� Every railroad company which shall violate any of the provisions of this article shall, upon conviction thereof, be fined in any sum not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500) for each such violation. (R. O. 1948, 23-803) Article 10, Street Lights at Railroad Crossings 26-1001. Railway Companies Required to Light Certain Streets 26-1002. Streets Designated 26-1003. Requirements 26-1004. Installation of Lights 26-1005. Failure of Companies to Comply; Taxation of Costs 26-1006. Time Lights Required missioners deems it necessary that the streets and street intersections in the City of Salina as specifically mentioned in the following section of this article over, along and across which the railway lines and tracks owned and/or operated by railway companies, be lighted, and such rail- way companies be required to adequately light the same in accordance with the provisions and authority contained in Section 13-1904 of the General Statutes of Kansas, 1949. (R. O. 1948, 23-901) 26-1002. Streets Designated. The following named railway companies shall install and maintain, where there is an existing light at the street intersection or at the point hereinafter designated on any street, street lights sufficient to adequately light such street intersections, at the following points where the railway lines or tracks of such companies run over, along or across such streets, to wit: Santa Fe Avenue and the main line of the Union Pacific Railroad, to be installed and/or maintained by the Union Pacific Railroad Company; coxsoLmwtsn-SALINA 1 1 J Santa Fe Avenue and North Street, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka and Santa Fe Railroad Company; Third and Elm Streets, to be installed or maintained by the Union Pacific Railroad Company; Fourth and Elm Streets, to be installed and/or maintained by the Union Pacific Rail- road Company; Seventh and North Streets, to be installed and/or maintained by the Union Pacific Railroad Company (one-half of cost of maintenance to be paid by the City of Salina); Ninth Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Fourth and Ash Streets, to be installed and/or maintained by the Union Pacific Railroad Company; Fourth Street, one hundred fifty (150) feet south of Iron Avenue, to be installed and/or maintained by the Union Pacific Railroad Company; Fifth and North Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Company and the Atchison, Topeka and Santa Fe Railroad Company (one-third of the cost of maintenance to be paid by the Cityof Salina); North and Fourth Streets, to be installed and/or maintained jointly by the Union Pacific Railroad Railroad Company, and the Atchison, Topeka and Santa Fe'Company; Ohio Street and the main line of the Union Pacific Railroad Company, to be installed and/or maintained by the Union Pacific Railroad Company; Seventh Street, midway between the main line tracks of the Atchison, Topeka and Santa Fe Railroad Company and The Chicago, Rock Island and Pacific Railroad Company , to be installed and/or maintained jointly by such companies; Ninth Street, midway between the main line tracks of the Atchison, Topeka and Santa Fe Railroad Company and The Chicago, Rock Island and Pacific Railroad Company, to be installed and/or installed and/or maintained jointly by such companies; Third and North Streets, to be installed and/or maintained by the Chicago Rock Island and Pacific Railroad Company, (one-half of cost of maintenance to be paid by the City of Salina); CONSOLIDATED-SALWA 1 1 Fifth Street, at the crossing of the tracks of the Chicago, Rock Island and Pacific Rail- road Company between Pine and North Streets, to be installed and/or maintained by said rail- road company; Santa Fe Avenue, between Pine and North Streets, to be installed and/or maintained by the Chicago, Rock Island and Pacific Railroad Company; One light at the intersection of each of the following streets with the main line of the Missouri Pacific Railroad Company: Elm Street; Park Street; Ash Street; State Street; Crawford Avenue; Ohio Street; Second Street; Third Street; Fifth Street (at Pine Street); Santa Fe Avenue; Seventh Street and Ninth Street; such lights to be installed and/or maintained by the Missouri Pacific Railroad Company, with the exception of the Ninth Street light to be maintained jointly with the city. Walnut Street and the main line of the Missouri Pacific Railroad Company, to be installed and/or maintained by said company (one-half of the cost of maintenance to be paid by the City of Salina); North Street and Arthur Street, to be installed and/or maintained by the Missouri Pacific Railroad Company (one-half of the cost to be paid by the City of Salina); Front Street and the tracks of the Missouri Pacific Railroad Company at Pine Street, to be installed and/or maintained by said company (one-half of cost of maintenance to be paid by the City of Salina); Eighth Street and the tracks of the Missouri Pacific Railroad Company at Pine Street, to be installed and/or maintained by said company (one-half of the cost of maintenance to be paid by the City of Salina). (R. O. 1948, 23-902) 26-1003. Requirements. The railroad companies mentioned in the preceding section_. of this article be and they are hereby required to light the streets and crossings above described, at the points in the preceding section, described, with adequate street lights of the same general kind and character as those now used by the city in lighting its street intersections, being arc I ights of the suspension type with capacity of not less than four hundred (400) candlepower, except that if the Board of Commissioners deem proper lights of a different kind of less capacity may be installed and/or maintained at such points: fpyi_ded. That special permission for any such change shall be first secured from the Board of Commissioners. (R. O. 1948, 23-903) CONSOLMATZ"ALWA 1 1 26-1004. Installation of Lights. Said railroad companies shall have the right to furnish, install and maintain such lights themselves, to contract with any other person, firm or corporation for such lighting, and to pay the cost and maintenance thereof direct to any such person, firm or corporation, or may pay the cost of such installation and maintenance to the City of Salina, in which event, upon the written agreement to any such railroad company to pay such cost, the City of Salina shall install or cause the installation of such lights and maintain the same as a part of its street lighting system and collect the cost of such installation and maintenance from such rail- road companies. (R. O. 194811 23-904) 26-1005. Failure of Companies to Comply: Taxation of Costs. If any such railroad companies shall fail, refuse or neglect to install and/or maintain any of such lights as in this article required, the City of Salina may install and/or maintain the same or contract with any person, firm or corporation for such installation and/or maintenance and the cost of such installa- tion and/or maintenance shall be charged against any such railroad company so failing, refusing or neglecting to install and/or maintain the same and such cost shall be a lien upon the property and franchises of any such company and shall be taxed against the property of such company in the same manner as other taxes are levied. (R. O. 1948, 23-905) 26-1006. Time Lights Required. All lights required by this article to be installed and/or maintained by any such railroad companies shall be kept burning at all times from sundown on each day until sunrise on the following day, and in any event during all hours on each day when other street lights of the City of Salina are kept burning. (R. O. 1948, 23-906) Guttering, Driveways, Etc. 26-1101. Sidewalks; Driveways; Curb and Gutters: Construction 26-1102. Procedure for Sidewalks 26-1103. License Fee; Bond 26-1104. Bond: Amount 26-1105. Permit CONSOLIDATE"ALINA 1 iL J 26-1106. Plans and Specifications Adopted; Exceptions 26-1107. Location of Sidewalks =PAM 26-1108. Additional Requirements 26-1109. Completion of Work; Notice; Inspection; Revocation of License 26-1110. Definition 26-1111. Pe na I ty 26-1101. Sidewalks; Driveways; Curb and Gutters: Construction. All sidewalks, drive- ways, curbing and guttering constructed, reconstructed or rebuilt in any of the streets or public gro unds of the City of Salina shall be constructed of concrete in accordance with plans and speci- fications as to material and methods of construction to be furnished by the City Engineer of the City of Salina as hereinafter provided for. (R. O. 1948, 23-1101) 26-1102. Procedure for Sidewalks. The procedure for the construction, reconstruction and repair of sidewalks shall be as provided by Article 18 of Chapter 12 of the General Statutes of 1949 and amendments thereto, and according to requirements specified by ordinance: Provide That nothing herein shall be construed as prohibiting the use of Article 6a, Chapter 12, General Statutes Supplement of 1959. (R. O. 1948, 23-1102) 26-1103. License Fee; Bond. No person shall engage in the work of constructing, reconstructing or rebuilding sidewalks, driveways, curbing, guttering or other concrete work in the streets, alleys or other public grounds in the City of Salina without first having secured from the City Clerk a license therefor, for which such licensee shall pay to the city an annual fee of Ten Dollars ($10), which license shall expire on December 31 after the issuance thereof: Prom That if the license is issued after July 1, the license fee shall be one-half of the foregoing amount; and no such license shall be issued until the applicant therefor shall furnish a bond in the amount and conditioned as hereinafter required, with corporate securities to be approved by the Board of Commissioners, the form thereof to be approved by the City Attorney: PrQvid _d• That this article shall not apply to any person doing or performing any work of the nature above described for the City of Salina under a contract with such city and for which regular performance, maintenance and statutory bonds are required by the city and furnished by the contractor for the specific work covered by any such contract. (Ord. 5854, Sec. 1, 5-13-54) CONSOUDATL+D-SALINA 26-1104. Bon Amount. The bond hereinabove provided for shall be in a principal sum not less than One Thousand Dollars ($1,000) and shall run to the City of Salina as obligee for the benefit of the city and of all persons with whom the principal named therein may contract for the construction of such work, conditioned that any such work shall conform in a[l respects to the plans and specifications prepared by the City Engineer and on file in his office and according to stakes and grades as set by the City Engineer and that any such work shall endure without need of repair for two (2) years from the date of the completion of any such work, and that such contractor wills without charge, make any repairs or replace any such work if the same shall, in the opinion of the City Engineer, become so defective as to require the same within such period of two (2) years. (R. O. 19481 23-1104) 26-1105. Permit • No such sidewalks, driveways, curbing, guttering or any other con- crete work in any street or public grounds in said city shall be constructed, reconstructed or rebuilt until a permit therefor shall have been issued by the City Engineer, upon the application of the person by whom such work is to be done, which application shall show the location and nature of the work, the approximate cost, and such other facts relating thereto as may be required by the City Engineer, and shall be on such form as may be prescribed by him, and any such application and the plans and specifications referred to in this article shall be deemed to be a part of any such permit: Provided, That no such permit shall be issued to any person from whom a license and bond is required until such license shall be issued and such bond filed and approved. (R. O. 1948, 23-1105) Ref.: As to Driveways, see Art. 3, this chapter. 26-1106. Plans and Specifications Adopted; Exceptions. The plans and specifications for sidewalks, driveways, curbing and guttering and other concrete work in the streets and designated m 4 0 "Concrete Sidewalks and Driveways" and date are hereby adopted by reference: Provided That the location of sidewalks on parts of certain streets shall be as prescribed by Section 26-1107 follow- ing. Copies shall be kept on file in the offices of the City Clerk and the City Engineer. No changes, amendments or additions shall be made in or to said plans and specifications except by adoption by ordinance. (R. O. 1948, 23-1106) :. 26-1107. Location of Sidewalks. Sidewalks shall be property -line sidewalks or curb sidewalks. CONSOLIDATED-SALINA J 1 A property -line sidewalk is one whose inside edge is one (1) foot from the adjacent property line; or, in business districts, at the property line. A curb sidewalk is one abutting the curb or curbline. Except as hereinafter provided all sidewalks shall be property -line sidewalks. When the owners of all land abutting on one side of street between two adjacent streets that cross or run into it or in the case of a dead-end street from the last street to the end of the dead-end street, or in the case of a U street or similar street from the last street before the turn around the turn to the next street, shall petition the Board of Commissioners that the sidewalk be a curb sidewalk it shall be a curb sidewalk: Provided That where the layout of a street is such as not to meet the foregoing descriptions, the Board of Commissioners shall determine the distance to be represented by the petition. 26-1108. Additional Requirements. Before he shall issue any permit, the City Engineer shall ascertain that the bond filed by the applicant therefor is sufficient to cover the amount of the work to be done under such permit, and in addition thereto, the amount of all work being done by the same person under permits previously issued and which is then uncompleted, and if the amount of any such bond is insufficient to coverall outstanding and uncompleted work under permits issued or applied for, no additional permit shall be issued until the applicant therefor shall file an additional bond in an amount sufficient to cover all such work: Provided" That in lieu of any such additional general bond, the applicant for any permit may file a special maintenance bo nd covering o my the specific work to be done under any specific permit, and the amount of such work shall not be counted as a part of the work covered by the general bond. (R. O. 1948, 23-1107) 26-1109. Completion of Work; Notice; Inspection; Revocation of License. The con- tractor shall notify the City Engineer of the completion of any work for which a permit has been issued. If the City Engineer shall, upon inspection of any such completed work, find that such work has not been done in conformity with the plans and specifications for such work, the City Engineer shall have authority to order any changes in such work which may, in his opinion, be necessary, or may order the same removed and reconstructed. If any contractor shall fail to comply with any order of the City Engineer in connection with any such work, the City Engineer may issue an order revoking the license of such contractor, which order may, on application of the contractor filed with the City Clerk within ten (10) days from the date of such order, be reviewed and approved or set aside by the Board of Commissioners. (R. O. 19481 23-1108) CONSOLMATED-SAUNA 1 26-1110. Definition. The word "person," when used in this article, shall be deemed to refer to any person or persons, firm, copartnership or corporation. (R. O. 1948, 23-1109) 26-1111. Penalty. Any person, whether acting for himself or as the agent, representa- tive, employee, officer or member of any corporation or copartnership, who shall construct, reconstruct or rebuild any of the work mentioned in this article in violation of the provisions hereof or contrary to the plans and specifications for such work as provided for herein or who shall do any such work without securing a permit therefor as herein required, or who, when required by this such article, shall do any work without securing the license and filing the bond or bonds required by this article, or who shall otherwise violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than Ten Dollars ($10) nor more than Fifty Dollars ($50) for each offense. (R. O. 1948, 23-1110) I Article 12. Snow and Ice on Sidewalks 26-1201. Snow and Ice to be Removed 26-1202. Penalty 26-1203. Removal; Assessment NOTE: G. S. 13-426, 13-440. 26-1201. Snow and Ice to be Removed. It is hereby made the duty of the owner, occupant or person in charge of any lot or piece of land abutting on any sidewalk to remove al snow and ice fallen or accumulated upon the sidewalk within twelve (12) hours after such snow has fallen or ice has accumulated. (R. O. 1948, 14-301) 26-1202. Penalty It shall be unlawful for any owner, occupant or person in charge of any lot, tract or piece of land abutting on any sidewalk to fail to remove from such sidewalk any snow or ice within twelve (12) hours after said snow has fallen or ice has accumulated upon said sidewalks, and upon conviction of a violation of this section, the owner, occupant or person in charge of the lot, tract or piece of land shall be punished by a fine not to exceed Twenty-five Dollars ($25). (R. O. 1948, 14-302) 26-1203. Removal Assessment. All snow and ice remaining upon any sidewalks abutting on any lot, tract, or piece of land twelve (12) hours after said snow has fallen or ice has accumu- lated are hereby declared to be a nuisance. The City Manager is hereby authorized and empowered CONSOLIDATHD-$ALINA 1 1 to cause the removal of such snow and ice and to keep a true account of the cost of such removal and to report said cost as to each lot, tract or piece of land to the Board of Commissioners, and the Board of Commissioners shall pass an ordinance assessing the cost of such removal to the abutting lot, tract or piece of land, and such assessment shall be certified by the City Clerk to the County Clerk to be collected and paid over to the city in the same manner as other special assessments or taxes are collected and paid over to the city. (R. O. 1948, 14-303) Article 13, Miscellaneous Matters Relating to Streets 26-1301 . Hedge Fences Along Streets or Alleys 26-1302. Growing Crops 26-1303. Hauling Stone, Coal, Sand, Etc., on Streets; Vehicles 26-1304. Wooden Culvert and Runways Prohibited 26-1305. Pe na I ty 26-1306. Encroaching on or Obstructing 26-1307. Wires in Streets Prohibited 26-1308. Wires to Constitute a Public Nuisance .t�..l jc� .JG 26-1301. Hedge FencesAlong Streets or Alleys. It shall be unlawful for the owner or occupant of any real estate in the City of Salina to permit or allow any hedge standing or growing thereon as a fence along any of the public streets or alleys of said city and be or become more than three (3) feet in height or to permit or allow the same to extend into said streets or alleys more than one (1) foot. (R. O. 1948), 23-601) 26-1302. Growing Crops. It shall be unlawful for any person to grow or raise, or permit to be grown or raised on that portion of any lot or tract of land in the City of Salina, lying within fifteen (15) feet of the property line of any such lot or tract abutting upon any street or avenue, or within fifteen (15) feet of any other property line of such lot or tract which abuts upon any other lot or tract on which is located a residence, any corn, sweet corn, kaffir corn, cane, milo maize and other tall growing forage crops. (R. O. 1948, 23-602) COPi SOL IDATED-SALIVA 1 26-1303. Hauling Stone, CoalFSand, Etc. on Streets; Vehicle. It shall be unlawful for any person to draw or haul over the paved streets of the City of Salina, any broken stone, coal, sand, manure, mud, dirt, clay, ashes or rubbish of any kind, except in a wagon, cart or other vehicle with a tight box or bed thereon so constructed as to prevent the spilling or scatter- ing of any of the substances therein contained, upon said paved streets. (R. O. 1948, 23-603) 26-1304. Wooden Culvert and Runways Prohibited. It shall be unlawful for any person, firm or corporation to place or use, or to permit, cause or allow to be placed or used any wooden culvert or runway attached to the curb on or along any public street or thoroughfare in the City of Salina, and which projects into any such street or thoroughfare and onto the pavement thereof, the culvert or runway herein referred to being such as is commonly used for the purpose of driving automobiles or other vehicles over the curb when no driveway entrance is cut into said curb. (R. O. 1948, 23-604) Ref.: For Statute on Culverts, see Chap. 12, Art. 23, 1959 Supp. 26-1305. PenaAny person who shall violate the provisions of Sections 26-1301, 26-1302, 26-1303 and 26-1304 of this article shall, upon conviction thereof, be fined in an amount not to exceed Fifty Dollars ($50). (R. O. 1948, 23-605) 26-1306. Encroaching on or Obstructing_ It shall be unlawful for any person, firm or corporation to obstruct or encroach upon any sidewalk, street, avenue, alley or other public property: PrrR;gj e&„ That wherever any obstruction may be found upon any sidewalk, street, avenue, alley or in other public places in the city, it shall be the duty of the Chief of Police immediately to notify the owner or occupier of the premises fronting thereon or the person placing the same thereon to remove the same without delay, and upon failure so to do, the Chief of Police shall have the obstruction removed at the expense of the owner or occupiers of the property and such expenses, if not paid, shall be a valid claim in favor of the city against such persons: Provided, fr_y thy,, That persons occupying premises fronting thereon may have such temporary use of the streets and sidewalks as shall be actually necessary in receiving and shipping merchandise: Provided, ho&ey ;,, That any person erecting buildings in the city -may, for the time occupied in their erection and while it is necessary to do so, occupy a reasonable portion of the streets and sidewalks in front of the same for receiving and delivering materials, but in no case shall he obstruct the gutter so as to prevent the passage of water therein, and when it shall be necessary in any such case for the owner of the property to take up and remove the sidewalk, he shall, at the CONSOLIDATED-SALINA LJ 1 LJ time of so taking up and removing, construct a temporary sidewalk not less than three (3) feet wide for the public travel and convenience; and in case of open basements or other excavations, the owner or occupier of the property upon which the same are situated or the person in charge of the excavation shall provide the same with sufficient guards to protect against accidents. (R. O. 1948, 18-1125) 26-1307., Wires in Streets Prohibited. It shall be unlawful for any person, firm or corporation, except street railway, electric light, telephone and telegraph companies, or other persons who shal I have or may hereafter secure a franchise or license so to do, to construct, place or maintain any wires in, over or across any of the public streets or alleys or other public thoroughfares or public places in the City of Salina. (R. O. 1948, 18-1134) 26-1308. Wires to Constitute a Public Nuisance. Any wires so constructed, placed or maintained contrary to the provisions of the preceding section shall be removed by the person, firm or corporation responsible therefor at the direction of the Electrical Inspector of the City of Salina. If such wires are not so removed, they shall be deemed to constitute a public nuisance and may be abated as other public nuisances are abated, at the cost of such person, firm or corporation, and in addition to such remedy by abatement, the Electrical Inspector shall have authority to take down and remove any such wires at any time at the cost of such person, firm or corporation. (R. O. 1948, 18-1135) 26-1309. Penalty. -to Sections 26-1306, 26-1307, 26-1308. Any person, firm or corporation violating any of the provisions of Sections 26-1306, 26-1307 and 26-1308 shall, upon conviction thereof, be fined in any sum not exceeding One Hundred Dollars ($100), or be imprisoned not exceeding thirty (30);days, or be both so fined and imprisoned. C ON S OL IDATED-SALINA 1 1 CHAPTER XXVII . TRAFFIC Article I. Definitions Article 2. Obedience to Traffic Regulations Article 3. Driver's License and Vehicle Tags Article 4. Traffic -Control Article 5. Accidents; Duties Article 6. Offenses Article 7. Speed Regulations Article 8. Driving Regulations Article 9. Signals Article 10. Street Restrictions Article 11. Pedestrians Article 12. Safety Zones Article 13. Trains and Railroads Article 14. Stopping and Parking Article 15. Riding Vehicles Article 16. Bicycles Article 17. Miscellaneous Article 18. Lights and Lamps Article 19. Equipment Article 20. Explosives Article 21. Weights, Widths, Heights and Loads Article 22. Penalties Article 23. Parking Meters Article 1. Definitions 27-101. Definition of Words and Phrases 27-101. Definition of Words and Phrases. The following words and phrases when used In this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, and such definitions shall also apply to such terms when used in any other ordinance of the city unless specifically in conflict with the terms of such other ordinance: CONSOLIDATED-SALINA 1 rj Vehicle_ Every device in, upon, or by which any person or property is or may be trans- ported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. _bA_2tQ_r_V_e_bic1e, Every vehicle which is self-propelled and every vehicle which is pro- pelled by electric power obtained from overhead trolley wires, but not operated upon rails. MotorcMIe. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, Jout excluding a tractor. Motor=DrivenCycle_ Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) horsepower, and every bicycle with motor attached. Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty (20) inches in diameter. A-uthorized Emeraenzy—Y hicle_ Vehicles of the Fire Department (fire patrol), police vehicles, and such ambulances and emergency vehicles as are designated or authorized by the Commission or the Chief of Police. Bus... Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. School Bcs. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school. Truck_ Every motor vehicledesigned, used, or maintained primarily for the transportation of property. Sr_uckJractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. FarmJracior. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry, including self-propelled farm combines. Rca_§l T actor, Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. CONSOLIDATED-SALINA 1 E 1 Trailer_ Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. SF.mitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Pole frailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Pn�.m_atic Tse. Every tire in which compressed air is designed to support the load. Solid Tire_ Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. Metal TIrA. Every tire the surface of which, in contact with the highway, is wholly or partly of metal or other hard nonresilient material . Roilroods A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. Railroad Train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. Explosives. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing and com- bustive units or other ingredients in such proportions, quantities, or packing that an- ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. Flaraznable Liquid_ Any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by aTagliabue or equivalent closed cup test device. C Mraissior,. The Highway Commission of this state. De_partment. The Department of Motor Vehicles of the Highway Commission of this state acting directly or through its duly authorized officers and agents. t 1 1 CONSOLIDATED-SALINA I i I Parson. Every natural person, firm, copartnership, association or corporation. Pedestrian. Any person afoot. Driver_ -Every person who drives or is in actual physical control of a vehicle. Owner. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. Police Clfficer. Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations. Street or,ljjgbwgy, The entire width between property lines of every way or place of what - ever nature when any part thereof is open to the use of the public, as a matter of right, for pur- poses of vehicular traffic. Where the word "highway" or the word "street" is used in this chapter or other traffic ordinances of the city, it shall mean street, avenue, boulevard, thoroughfare, trafficway, alley and any other public way for vehicular travel by whatever name unless the con- text clearly indicates otherwise. Private Road or Driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. Roadway. The portion of a highway improved, designed, or ordinarily used for vehicular travel. Sidewalk That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. AIIeXor All may. A public passage or way not meant primarily as a substitute for a street and intended to serve or give access to the rear of lots of buildings. Laned H.ig_hway_. A highway the roadway of which is divided into three (3) or more clearly maked lanes for vehicular traffic. Through_Fiighw y. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter or state law. CONSOLIDATED-SALINA IntJ-sectioo-. The area embraced within the prolongation or connection of the lateral curb I ines, or, if none, then the lateral boundary I ines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. C1Qasw__qik. (a) That portion of a roadway at an intersection included within the connections of the lateral lines of sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway distinctly indicated for pedestrian crossing by I ines or other markings on the surface. Safety Zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Bcsiness_District. The territory contiguous to and including a highway when fifty per cent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business. Residence District. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residence or residences and buildings in use for business. OffigiaL Traffic=Costr-oLDgyjces, All signs, signals, markings, and devices, not in- consistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding; traffic. OfficiaLTJ-affic=Confr-olSLgngJ, Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Railroad Sin or Signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars, and other con- veyances either singly or together while using any highway for purposes of travel . Right of Way. The privilege of the immediate use of the highway. Stop_. When required, means complete cessation of movement. Stop or Sto.pjng. When prohibited, means any stopping of a vehicle whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic -control sign or signal . CONSOLIDATED-SALINA 1 1 Standing Any stopping of a vehicle, whether occupied or not. Park. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Do bleParking. The standing or stopping or a vehicle in the line of traffic and (a) to the rear of a vehicle angle parked, or to the rear of a space where a vehicle may be parked at any angle to the curb or edge of the roadway, or (b) to the roadway side of a vehicle parked parallel with the curb or edge of the roadway or the roadway side of the space in which a vehicle may be parked parallel to the curb or edge of the roadway. Official Time Standard. Whenever certain hours are specified they shall mean standard time or daylight saving time as may be in current use in this city. (R. O. 1948, 24-101 1 G. S. 1959 Supp. 8-501) Article 2. Obedience to Traffic Reoulations 27-201. Provisions of Chapter Refer to Vehicles upon Highways; Exceptions 27-202. Required Obedience to Traffic Laws 27-203. Obedience to Police Officers 27-204. Public Officers and Employees to Obey Regulations; Exceptions 27-205.. Traffic Laws Apply to Persons Riding Bicycles or Animals or Driving Animal -Drawn Vehicles 27-201 . Provisions of Chapter Refer to Vehicles upon the Highways; Exceptions. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except where a different place is specifically referred to in a given section. (R. O. 1948, 24-201; G. S. 8-502) 27-202. Required Obedience to Traffic Laws. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter. (R. O. 1948, 24-202; G. S. 8_503) 27-203. Obedience to Police Officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic. (R. O. 1948, 24-203; G. S. 8-504) CONSOLIDATED-SALINA 1 1 27-204. Public Officers and Employees to Obey Regulations; Exceptions (a) The provisions of this chapter applicable to the drivers of vehicles upon the highways shatI apply to the drivers of all vehicles owned or'operated by the United States, this state or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles. (b) The driver of any authorized emergency vehicle when responding to but not upon returning from an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (c) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (d) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of Section 8-5,102 of the General Statutes of 1949, as amended, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red I ight visible from in front of the vehicle. (e) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his ordinary negligence or reckless disregard for the safety of others. (f) Unless specifically made applicable, the provisions of this chapter which relate to the operation of vehicles upon a highway, except those contained in Sections 27-601 and 27-602, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work. (R. O. 1948, 24-204; G. S. 1959 Supp. 8-505) 27-205. Traffic Laws Apply to Pesonr- s Ridinc,Bic�rcles or Animals or Drivi,ngAnixmgj,- Drawn Vehicles. Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway shat I be subject to the provisions of this chapter applicable to the driver of CONSOL I DATED-SALINA 1 I C] a vehicle, except those provisions of this chapter which by their nature can have no application. (R. O. 19481, 24-205; G. S. 8-506) Article 3. Driver's License and Vehicle Tags 27-301. Driver's License 27-302. Driving Vehicle When License Revoked, Cancelled or Suspended 27-303. Unauthorized Operator 27-304. Unauthorized Minor 27-305. Vehicle License; Illegal Tags 27-306. Chapter not to Interfere with Rights of Owners of Real Property with Reference Thereto 27-307. Issuance of Restricted License to Certain Minors; Request for Showing of Necessity 27-308.. Applications for Restricted Licenses for Certain Minors Subject to Approval by Chief of Police 27-301. Driver's License. No person, except one expressly exemptby law, shall drive or operate any motor vehicle upon any highway in this city unless such person has a valid I icense as an operator or chauffeur as required by the laws of Kansas. (R. O. 1948, 24-301) 27-302. Driving Vehicle When License Revoked, Cancelled or Suspended. No person whose operator's or chauffeur's license has been revoked, cancelled or suspended shall drive any motor vehicle upon any highway within this city, until such time as said person shall have a valid license. (R. O. 1948, 24-304) 27-303. Unauthorized Operator. No person shall authorize or knowingly permit a motor vehicle owned by him, or under his control, to be driven by any person who has no legal right to do so, or one who does not have a valid driver's or chauffeur's license. (R. O. 1948, 24-302) 27-304. Unauthorized Minors. No person shall cause of knowingly permit his child or ward under the age of sixteen (16) years to drive a motor vehicle, owned by such person, or under his control, upon any highway when such minor person is not authorized under the laws of Kansas to drive a motor vehicle upon any highway or in violation of any of the provisions of this chapter. CONSOLIDATED-SALINA L� D 1 27-305. Vehicle License; Illegal Tags. (a) No person shall operate or drive any motor vehicle within this city unless such vehicle carries the license or registered number plate or plates provided by the laws of Kansas and issued to the owner of any such vehicle to be displayed on the vehicle registered. (b) No person or persons shall remove, conceal , alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle. License plates shall be kept clean and they shall be placed on al I vehicles within the city as required by law so as to be plainly legible. (c) No person shall carry or display a registered number plate or plates upon any vehicle other than upon the vehicle for which the registered number was issued by the State of Kansas. (R. O. 1948, 24-303) • • • - • • - - - 1. • •* , T@ - • W,- • • - ORA • ► - - - Thereto. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this chapter or otherwise regulating such use as may seem best to such owner. (R. O. 1948, 24-306; G. S. 8-509) 27-307. Issuance of Restricted Licenses to Certain Minors; Request for Showing of Ne_ cessitr . It is hereby requested that the Motor Vehicle Department of the State of Kansas not issue operator's I icenses to minors under the age of sixteen (16) years except upon a showing of necessity as provided by G. S. 1959 Supp. 8-237. (Ord. 5999, Sec. 1, 10-14-55) 27-308. _Applications for Restricted Licenses for Certain Minors Subject to Approval ly Chief-of_Po,lLLice. The applications of all parents or guardians of minors under the age of sixteen (16) years and at least fourteen (14) years of age shall be forwarded to the Chief of Police who shall make a recommendation thereon and such recommendation shall be forwarded, with the application, to the Motor Vehicle Department of the State of Kansas for appropriate action by the Department in accordance with law: -ft9vLdpd, That the approval, so given by the Chief of Police, may be withdrawn at any time upon proof being submitted to the Chief of Police that any such minor has failed to use and employ such license in strict compliance with state law. (Ord. 5999, Sec. 2,10-14-55) CONSOLIDATED-SALINA 1 Article 4. Traffic Control 27-401. Local Traffic -Control Devices; Highways and Streets Designated as Connecting Links 27-402. Traffic Control Devices 27-403. Traffic -Control Devices: Placing 27-404. Signs on One -Way Streets and Alleys 27-405. City Manager to Erect Signs on Through Streets; Determine and Post Stop and Reduced Speed I ntersect ions 27-406. City Manager Designates Zones and Lanes 27-407. Obedience to and Required Traffic -Control Devices 27-408. Traffic -Control Signal Legend 27-409. Traffic -Control Signals: Where 27-410. Flashing Signals 27-411. Flashing Signals: Where 27-412. Display of Unauthorized Signs and Signals or Markings 27-413. Interference with Official Traffic -Control Devices or Railroad Signs or Signals 27-414. Play Streets 27-415. Traffic Lanes 27-401. Local Traffic -Control Devices; Highways and Streets Designated as Connectins Links. (a) The Board of Commissioners shall cause to be placed and maintained such traffic - control devices upon highways and streets as they may deem necessary to indicate and to carry out the provisions of state law or this chapter and other traffic ordinances, or to regulate, warn or guide traffic. All such traffic -control devices shall conform to the State Highway Manual and Specifications as adopted by the State Highway Commission. (b) The Board of Commissioners in exercising those functions referred to in the preceding paragraph shall be subject to the direction and control of the State Highway Commission in reference to highways and streets designated by said Commission as connecting links in the state highway system. (R. O. 1948, 24-4031 24-404; G. S. 1959 Supp. 8-512) 27-402. Traffic -Control Devices. It shall be the general duty of the City Manager to install, maintain and determine the timing of traffic -control devices. (R. O. 1948, 24-401) CONSOI..ID ATED-SALINA 1 1 1 27-403. Traffic -Control Devices: Placing. The City Manager shall place and maintain traffic -control devices when and as required under this chapter and other traffic ordinances of the city to make effective such provisions and may place and maintain such additional traffic -control devices as the Board of Commissioners may deem necessary and so order to regulate traffic under the traffic ordinances of the city or under state law, or to guide or warn traffic. (R. O. 1948, 24-402) 27-404. Signs at One -Way Streets and Al Igys. Whenever, by this chapter or any other ordinance, a one-way street or alley is described or any time -limit parking is imposed, it shall be the duty of the City Manager to erect appropriate signs giving notice thereof, and no such regulations shall be effective until said signs are erected. (R. O. 1948, 24-405; G. S. 1959 Supp. 8-508) I U • • • - • - • • • -M - Orin- • • • • • -� *Intersections. Whenever any ordinance of the city designates and describes a through street, it shall be the duty of the City Manager to place and maintain a stop sign on each and every street intersecting such through street or that portion thereof described and designated as such by an ordinance of the city. (R. O. 1948, 24-406; G. S. 1959 Supp. 8-508) 27-406. City Manager to Designate Zones and Lanes. The City Manager is hereby authorized: (a) To designate and maintain, by appropriate devices, marks or I Ines upon the surface of the roadway, crosswalks and intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary; (b) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians; (c) To mark lanes for traffic on street pavements at such places as he may deem advisable consistent with this chapter and other traffic ordinances of the city. (R. O. 1948, 24-407; G. S. 1959 Supp. 8-501:507) 27-407. Obedience to and Required Traffic -Control Devices (a) The driver of any vehicle shall obey the instructions of any official traffic -control device applicable thereto placed in accordance with the provisions of this art, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. (b) No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular CONSOLIDATED -SALIVA 1 1 1 section does not state that signs are required, such section shall be effective, even though no signs are erected or in place. (R. O. 1948, 24-408-, G. S. 1959 Supp. 8-513) 27-408. Traffic -Control Signal Lemic end. Whenever traffic is controlled by traffic - control signals exhibiting the words "go" "caution," or "stop," or exhibiting different colored I ights successively one at a time, the following colors only shal I be used and said terms and I ights shall indicate as follows: (a) green Alone os"Go." (1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the inter- section at the time such signal is exhibited. (2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Stead__ Y@JLow_4Lone. (1) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. (2) No pedestrian facing such signal shall enter the roadway. (c) SteadyyRed AJorle os"Stops" (1) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "go" is shown alone. (2) No pedestrain facing such signal shall enter the roadway. (d) Stem Red with Green Arrow. (1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk. (2) No pedestrian facing such signal shall enter the roadway. (e) In the event an official traffic -control signal is erected and maintained at a place other than an intersection, the provisions of this section steal I be applicable except as to those provisions which by their nature can have no application. Any stop required shal I be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal. (R. O. 1948, 24-409; G. S. 1959 Supp. 8-514) 27-409. Traffic -Control Signals: Where There shall be installed and maintained traffic -control signal devices of the type described in Section 27-408 of this chapter on each of the four corners of the following intersections in the City of Salina: C Oh' S �L IDATED-SALINA 1 Fi C (a) Santa Fe Avenue and Ash Street; (b) Santa Fe Avenue and Iron Avenue; (c) Santa Fe Avenue and Walnut Street; (d) Santa Fe Avenue and Elm Street; (e) Santa Fe Avenue and Mulberry Street; (F) Fifth Street and Iron Avenue; (g) Ninth Street and Ash Street; (h) Ninth Street and Iron Avenue; (i) Ninth Street and Walnut Street; (j) Ninth Street and Crawford Street; (k) Pacific Avenue and Ninth Street. (R. O. 19481 24-410) 27-410. Flashing Signals. Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows: (a) Flashin�iedsJtopignals. When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) FLashjgg_Yo-11ow LCa-utJor.LSi-gnaJ)-. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. (R. O. 1948, 24-411; G. S. 8-515) 27-411. Flashing Signals: Where. There shall be installed and maintained a traffic - control device or devices of the type described in Section 27-410 of this chapter at the following intersections: (a) Ninth Street and Claflin Avenue; (b) State Street and Broadway Boulevard. (R. O. 19481 24-412) 27-412. Display of Unauthorized Sians, Signals or Markings. (a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal.mark- ing or device which purports to be or is an imitation of or resembles an official traffic -control device or railroad sign or signal, or which attempts to direct the movement of traffic, or parking of vehicles, .or which hides from view or interferes with the effectiveness of any official traffic - control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any commercial advertising. This shall not be CONSOLIDATED-SALINA LJ 1 1 deemed to prohibit the erection upon private property adjacent to highways of signs giving use - fu) directional information and of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. (R. O. 19481 24-413; G. S. 8-516) 27-413. Interference with Official Traffic -Control Devices or Railroad Signs or Signals. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic -control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof. (R. O. 1948, 24-414; G. S. 8-517) 27-414. Play Streets. (a) The City Manager shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. (b) Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shal I exercise the greatest care in driving upon any such street or portion thereof. 27-415. Traffic Lanes. (a) The City Manager is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is deemed necessary. (b) Where such traffic lanes have been marked, it shall be unlawful for the driver of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. Article 5. Accidents; Duties 27-501. Accident Involving Death and Personal Injuries; Penalties 27-502. Accident Involving Damage to Vehicle 27-503. Duty to Give Information and Render Aid 27-504. Duty Upon Striking Unattended Vehicle 27-505. Duty Upon Striking Fixtures Upon Highway 27-506. Duty to Report Accident 27-507. When Driver Unable to Report 27-508. Accident Reports Required CONSOLIDATED-SALINA 1 1 27-501. -Accident Involvina Death and Personal Injuries.; Penalties, (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 27-503. Every such stop shall be made without obstructing traffic more than is necessary. (b) Any person failing to stop or to comply with said requirements under such circumstances shall, upon conviction thereof, be punished by imprisonment for not more than one (1) year or by a fine of not less than Twenty-five Dollars ($25) nor more than Five Hundred Dollars ($500), or by both such fine and imprisonment. (R. O. 1948, 24-501; G. S. 8-518) 27-502. Accident Involving Damage to Vehicle The driver of any vehicle involved in any accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 27-503. Every such stop shall be made without obstructing traffic more than is necessary. (R. O. 1948, 24-502; G. S. 8-519) 27-503. Duty to Give Information and Render Aid. The driver of any vehicle in- volved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shal I give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making cf arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (R. O. 1948, 24-503; G. S. 8-520) 27-504. Duty Upon Striking Unattended V� ehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the ,name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. (R. O. 1948, 24-504; G. S. 8-521) C ONSOLIDATED-SALINA 27-505. Duty Upon Striking Fixtures Upon Highway. The driver of any vehicle involved in an accident resulting only in damages to fixtures legally upon or adjacent to a highway shal I take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving, and shall upon request and if available exhibit his operator's or chauffeur's license and shall make report of such accident when and as regjired in Section 27-506 hereof. (R. O. 1948, 24-505; G. S. 8-522) 27-506. Duty to Report Accidents. (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of more than One Hundred Dollars ($100), shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the Department. (b) The Department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the Department, and may require witnesses of accidents to render reports to the Department. (c) The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of One Hundred Dollars ($100) or more shall immediately by the quickest means of communication give notice of such accident to the Police Department. (d) Every law enforcement officer who, in the regular course of duty investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall, within twenty-four (24) hours after completing such investigation, forward a written report of such accident to the Department. (R. O. 19481 24-506; G. S. 1959 Supp. 8-523) 21-507. When Driver Unable to Report. Whenever the driver of a vehicle is physically incapable of making a required accident report, and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to b;� made a report. (R. O. 1948, 24-507; G. S. 8-524) 27-508. Accident Reports Required. The driver of a vehicle involved in an accident shall file the required report of such accident or a copy of the report required to be filed with the State Department with the Police Department. All such reports shall be for the confidential use of the Police Department. (G. S. 8-528) CONSOLLDATFD-SALINA 1 1 27-601 Article 6 Offenses Persons Under the Influence of Intoxicating Liquor or Drugs 27-602. Reckless Driving 27-603. Careless Driving 27-601. Persons Under the Influence of Intoxicating Liquor or Drugs (a) It is unlawful and punishable as provided in subdivision (c) of this section for any person who is under the influence of intoxicating liquor to drive any vehicle within this city. (b) It is unlawful and punishable as provided in subdivision (c) of this section for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this city. The fact that any person charged with a violation of this subdivision is or has been entitled to use such drug under the laws of this state shal I not constitute a defense against any charge of violating this subdivision. (c) Every person who is convicted of a violation of this section shall be punished by imprisonment for not more than one (1) year, or by a fine of not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500), or by both such fine and imprisonment. On a second or subsequent conviction he shall be punished by imprisonment for not less than ninety (90) days nor more than one (1) year, and, in the discretion of the court, a fine of not more than Five Hundred Dollars ($500). (R. O. 19481 24-601; G. S. 1959 Supp. 8-530) NOTE: See Garden City v. Miller, 181 Kan. 360. 27-602. Reckless Driving. (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. ('o) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days, or by a fine of not less than Twenty-five Dollars ($25) nor more than Five Hundred Dollars ($500), or by both such fine and imprisonment, and on a second or subsequent conviction shaJI be punished by imprisonment for not less than ten (10) days nor more than six (6) months, or by a fine of not less than Fifty Dollars ($50) nor more than Five Hundred Dollars ($500), or by both such fine and imprisonment. (R. O. 1948, 24-602; G. S. 1959 Supp. 8-531) 27-603. Careless Driving. It shall be unlawful for any person to drive or operate a vehicle upon a highway or street in a careless or heedless or an inattentive manner, or without CONSOLIDATED-SALINA 1 1 due caution and circumspection, or in any manner not constituting reckless driving but so as to endanger or be I ikely to endanger any person or property. Article 7. Speed Regulations 27-701. Speed Limitations and Restrictions 27-702. Change of Speed Limits; How; Approval of Highway Commission, When 27-703. Special Speed Limitation on Certain Streets 27-704. Minimum Speed Regulations 27-705. Special Speed Limitation on Bridge or Elevated Structure 27-706. When Speed Restrictions not Applicable 27-701. Speed Limitations and Restrictions. (a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (b) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum I imits. city. (1) All vehicles twenty (20) miles per hour in any business district. (2) All vehicles thirty (30) miles per hour in any residence district. (3) All vehicles fifteen (15) miles per hour in any park under the jurisdiction of the (c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an inter- section, or railraod grade crossing, when approaching and going around a curve, when approach- ing a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. CONSOLIDATED-SALINA 1 L 1 (d) Whenever the State Highway Commission shall determine upon the basis of an engineering and traffic investigation that any speed Iimit hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist upon any part of a street which is a state highway connecting link said Commission shall determine and declare a reasonable and safe speed I imit thereon which shal I be effective at al I times or during the daytime or nighttime or at such other times as may be determined when appropriate signs giving notice thereof are erected on such state highway connecting link. (e) In every charge of violation of this section, the complaint, also the summons, warrant or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the speed limit applicable within the business district, residence district, street or highway, or at the location. (R. O. 1948, 24-701; G. S. 1959 Supp. 8-532) 27-702. Change of Speed Limits; How; Approval of Highway Commission When Whenever the Board of Commissioners determines upon the basis of an engineering and traffic investigation that the speed limit permitted under state law, which is the same as stated in Section 27-701, is greater or less than is reasonable or safe under the conditions found to exist upon a street, the Board of Commissioners may determine and declare a reasonable and safe speed limit thereon, which may be greater or less than the speed limit permitted under state law, which is the same as stated in Section 27-701, for a business or residence district and which shal I be effective when appropriate signs giving notice thereof are erected upon such street or part of a street: Provided Before any such speed limit is so declared as to any city, street which is a state highway connecting link, the approval of the State Highway Commission shall be obtained in writing. (G. S. 1959 Supp. 8-533) 27-703. Special Speed Limit on Certain Street. Upon the basis of an engineering and traffic investigation, it is hereby declared that on that certain street leading from the intersection of Prescott Avenue and Second Street through Kenwood Park to the south end of the bridge at the intersection of Oakdale Drive and Oakdale Avenue, the maximum lawful speed shall be twenty- five (25) miles per hour. (Ord. 5851, Sec. 1,.4-23-54) 27-704. Minimum Speed Ragidotinns_ (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) Whenever the Board of Commissioners determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal CONSOLIDATED-SALINA 1 r I I 1 and reasonable movement of traffic, the Board of Commissioners may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law. (R. O. 1948, 24-702; G. S. 1959 Supp. 8-534) 27-705. Special Speed Limitation on Bridge or Elevated Structures (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted by the City of Salina or by the State Highway Commission as provided for by law. (b) Upon the trial of any person charged with a violation of this section, proof said determination of the maximum speed by said Commission or city and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. (R. O. 1948, 24-703; G. S. 8-535) 27-706. When Speed Restrictions Not Applicable_ The speed limitations set forth in this chapter shall not apply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, not shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others. (R. O. 1948, 24-704; G. S. 1959 Supp. 8-536) Article 8. Driving Regulations 27-801. Drive on Right Side of Roadway; Exceptions 27-802. Overtaking Vehicle on Left 27-803. When Overtaking on Right Permitted 27-804. Vehicles Proceeding in Opposite Direction 27-805. Limitations on Overtaking on Left 27-806. One -Way Roadways and Rotary Traffic Islands 2" -807. Driving On Roadways Laned for Traffic 27-808. Following Too Closely 27-809. Turning at Intersections 27-810. Turning on Curve or Crest of Grade Prohibited 27-811. Starting Parked Vehicles 27-812. Driving on Divided Highways CONSOLIDATED-SALINA 1 F1 27-801 . Drive on Right Side of Roadway; Exceptions (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; repair; (2) When the right half of a roadway is closed to traffic while under construction or (3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the road- way, except when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into a private road or driveway. (R. O. 19481 24-801; G. S. 1959 Supp. 8-537) 27-802. Overtaking Vehicle on Left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (R. O. 1948, 24-802; G. S. 8-538) 27-803. When Overtaking on Right is Permitted. (a) Except when the Board of Commissioners is by rule or regulation directing and enforcing a different course from that herein- after specified, the driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: CONSOLIDATED-SALINA 1 (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehizzles in each direction; (3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movements in safety. In no event shall such movement be made by driving off the pavement or main -traveled portion of the roadway. (R. O. 19481 24-803; G. S. 1959 Supp. 8-539) 27-804. Vehicles Proceeding in Opposite Direction Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. 27-805. Limitations on Overtaking on Left. (a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient dis- tance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. (b) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the, left side of the roadway under the following conditions: (1) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed; (2) When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; (3) Where official signs are in place directing that traffic keep to the right, or a dis- tinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Highway Commission. (R. O. 1948, 24-804; G. S. 8-540) 27-806. One -Way Roadways and Rotary Traffic Islands (a) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. CONSOLIDATED -SALIVA 1 1 1 (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (R. O. 1948, 24-805; G. S. 8-541) 2-17-807. Driving on Roadways Laned for Traffic. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with saFety. . (b) Upon a roadway which is divided into three (3) lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. (c) Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign. (R. O. 1948, 24-806; G. S. 8-542) 27-808. Following Too Closely. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway. (b) The driver of any motor truck, bus or motor vehicle drawing another vehicle when travel - Ing upon a roadway outside of a business or residence district shall not follow within three hundred (300) feet of another motor truck, bus or motor vehicle drawing another vehicle, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any I Ike vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. (R. O. 1948, 24-807; G. S. 1959 Supp. 8-543) 27-809. Turning at Intersections. The driver of a vehicle intending to turn at an intersection shal I do so as follows: (a) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway. CONSOLIDATED-SALINA 1 1 1 (b) Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center I ine of the roadway being entered. (c) Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center I ine thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection. (d) The Board of Commissioners may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. (R. O. 1948, 24-808; G. S. 8-544) 27-810. Turning on Curve or Crest of Grade Prohibited. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet. (R. O. 1948, 24-809; G. S. 8-545) 27-811. Starting Parked Vehicles. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (R. O. 1948, 24-810; G. S. 8-546) 27-812. -..Driving on._Divided _Hways. Whenever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space, or at a crossover or intersection established by public authority. (G. 'S. 1959:. Supp. 8-539a) CONSOLIDATED-SALINA 1 1 1 Article 9. Signals 27-901. When Signals Required 27-902. Method of Giving Hand and Arm Signals; Directional Signalling Devices 27-903. Vehicles Approaching or Entering Intersection 27-904. Vehicle Turning Left at Intersection 27-901 . When Signal Required. (a) No person shall turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement, or after giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such movement. (b) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning. (c) No person shal I stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (R. a. 1948, 24-901; G. S. 8-547) 2;'-902. Method of Giving Hand and Arm Signals; Directional Signalling Devices. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (a) Left turn --hand and arm extended horizontally. (b) Right turn --hand and arm extended upward. (c) Stop or decrease of speed --hand and arm extended downward. When a motor vehicle is equipped with illuminated directional signal devices front and rear, and stop signal lamp or lamps on rear, such devices may be used in lieu of such hand and arm signals when in proper working order. Any stop or turn signal when required herein shall be given either by me -ins of the hand and arm or by a signal lamp or lamps or mechanical signal device. (R. 0. 1948, 24-902; G. S. 1959 Supp. 8-549) 27-903. Vehicles Approaching or Entering Intersection. (a) The driver of a vehicle approaching an Tntersection shall yield the right of way to a vehicle which has entered the inter- section from a different highway. (b) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. CONSOLIDATED-SALINA 1 1 (c) The foregoing rules are modified at through highways and otherwise as hereinafter stated in this chapter. (R. O. 1948, 24-903; G. S. 8-550) 27-904. Vehicle Turnina Left at Intersection The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this chapter may make such left turn and the drivers of all other vehicles approaching the inter- section from said opposite direction shall yield the right of way to the vehicle making the left turn. (R. O. 1948, 24-904; G. S. 8-551) Article 10. Street Restrictions 27-1001 . Obedience to No Turn Signs and Turning Markers 27-1002. No U Turn Areas Between Intersections 27-1003. Limitations on Backing 27-1004. Vehicle Entering Stop or Yield Intersection 27-1005. Through Streets 27-1006. Vehicle Entering Highway from Alley or Private Road or Driveway 27-1007. Stop When Traffic Obstructed 27-1008. Operation of Vehicles on Approach of Authorized Emergency Vehicles 27-1001. _Obedience to No Turn Signs and Turning Markers._ (a) Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any such sign and when authorized marks, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (b) It shall be unlawful for the driver of any vehicle to make a complete "U" turn on Santa Fe Avenue, between and including the intersections of Santa Fe Avenue and Mulberry Street and Santa Fe Avenue and Elm Street; or on Iron Avenue at its intersection with Fifth Street, Seventh Street or Ninth Street; or on Walnut Street at its intersection with Fifth Street, Seventh Street or Ninth Street; Street or on Ash Street at its intersection with Seventh/or Ninth Street; or on Ninth Street at its intersection CONSOLIDATED-SALINA 1 1 with Mulberry Street, Crawford Street, Pacific Avenue or Claflin Avenue; or on State Street at its intersection with Broadway Boulevard; or at any other intersection or place on any highway in said city which may be hereafter designated by ordinance; or at any intersection or place on any highway in said city now or hereafter designated by ordinance to be controlled by automatic electric traffic -control devices, and the City Manager shall place proper signs at such intersections: Pr. a�„vidad That no "U" turns or other turns shall be made on any streets unless such turn can be made without interfering with other traffic on such street and without danger to other traffic and only when no other traffic is approaching which might collide with the vehicle being turned. (c) The City Manager is authorized to place markers, buttons or signs, within or adjacent to intersections, indicating the course to be traveled by vehicles turning at such intersections and such course to be traveled as so indicated may conform to or be other than is prescribed by law or ordinance. (R. O. 1948, 24-1001) 27-1002. No U Turn Areas Between Intersections. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction on Fourth Street, Fifth Street, Santa Fe Avenue, Eighth Street and Ninth Street from Mulberry Street to Elm Street; on Mulberry Street, Walnut Street, Iron Avenue, Ash Street and Elm Street from Fourth Street to Ninth Street; on Crawford Street, from Montrose Street to Merrill Street; on Ninth Street from Elm Street to Otis Street; on Bishop Street from Ninth Street to Phillips Street; on Pacific Avenue from the east city limits to Ninth Street; and on Broadway Boulevard from Pacific Avanue to Walnut Street and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interference with other traffic and without backing. (R. O. 1948, 24-1002) 27-1003. Limitations on Backing. The driver of a vehicle shal I not back the same into an intersection or over a crosswalk and, shall not in any event or at any place back a vehicle unless such movement can be made in safety, and without danger to vehicles approaching from the rear, which are lawfully using such street, and unless such vehicles lawfully approaching from the rear will have ample time to see the backing vehicle and avoid colliding with the same. (R. O. 1948, 24-1003; G. S. 8-507) 27-1004. Vehicles Entering Stop or Yield Intersection. (a) Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in Section 8-568 of the General Statutes of 1949 as amended, Section 27-1401 of this chapter. (b) Except when directed to proceed by a police officer or traffic -control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required in Section CONSOLIDATED-SALINA 1 1 1 8-568 of the General Statutes of 1949jas amended, Section 27-1401 of this chapter, and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approach- ing the intersection shall yield the right of way to the vehicle so proceeding. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary as provided in Section 8-568 of the General Statutes of 1949, as amended, Section 27-1401 of this chapter, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. Said driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding: Provided. howevrr. That if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way. (R. O. 1948, 24-1004, G. S. 1959 Supp. 8-552) 27-1005. Through Streets. Those streets and parts of streets described as follows, except where the intersection of the intercepting street is controlled by electric traffic -control device; are hereby designated as through streets: (a) Santa Fe Avenue from the south line of Otis Street to the north line of Claf I in Avenue, except at Pacific Avenue. (b) Iron Avenue from the west line of College Avenue to the east line of Marymount Road, except at the entrance of Iron Avenue from the north on College Avenue. (c) Ninth Street from the north city limits to the south city limits, except at its intersection with Pacific Avenue and Broadway Boulevard. (d) Ash Street from the east line of Seventh Street to the east line of Broadway Boulevard, except at its intersection with College Avenue. (e) College Avenue from the north line of Elm Street to the north line of Prescott Avenue, except at the south I ine of Iron Avenue. (f) State Street from the east I ine of Broadway Boulevard to the east I ine of College Avenue. (g) Pacific Avenue from the east city limits to the west line of Ninth Street, and Broadway Boulevard, from the west line of Ninth Street to the south city limits. (h) Fourth Street from the south line of Walnut Street to the north line of Cloud Avenue, except at Mulberry Street, Center Street, Prescott Avenue, Crawford Avenue, Republic Avenue and Claflin Avenue. CONSOLIDATED-SALINA LJ 1 (i) Fifth Street from the south line of Walnut Street to the north line of Republic Avenue, except at Crawford Avenue. (j) Eighth Street from the south line of Walnut Street to the south line of Prescott Avenue. (k) Highland Avenue from the south line of Prescott Avenue to the north line of Cloud Street, except at Crawford Avenue and Claflin Avenue. (1) Republic Avenue from the east line of Cherokee Drive to Roach Street, except at Ninth Street, Highland Avenue and Santa Fe Avenue and the Missouri Pacific Railroad right of way and Broadway Boulevard. (m) Walnut Street from its intersection with the center I ine of the channel of the Smoky Hill River to the east line of Broadway Boulevard, except at its intersection with Eighth Street and College Avenue. (n) Crawford Street from the west I ine of the city I imits to the east I ine of the city I imits, except at its intersection .with Ninth Street, Santa Fe Avenue, Broadway Boulevard and the Missouri Pacific Railroad right of way. (o) Cloud Street from the west city limits to the east city limits, except at its intersection with Ninth Street. (p) Front Street from the north line of Republic Avenue to the south line of Crawford Avenue. (q) Quincy Street from the south line of Republic Avenue to the north line of Cloud Avenue, except at Jewell Street. (r) Ohio Street from the north I ine of city I imits to the south I ine of Gypsum Avenue, except at its intersection with Iron Avenue. (Ord. 5817, Sec. 1, 11-12-53, Ord. 5832, Sec. 1, 2-15-54) 27-1006. Vehicle Entering Highway from Alley or Private Road or Driveway. The driver of a vehicle about to enter or cross a highway from an alley or from a private road or driveway shall yield the right of way to all vehicles approaching on said highway. (R. O. 1948, 24-1009; G. S. 8-553) 27-1007. Stop When Traffic Obstructed. No driver shall enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accom- modate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic -control signal indication to proceed. (R. O. 1948, 24-1010) 27-1008. Operation of Vehicles on Approach of Authorized Emergency Vehicles. (a) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible C ONSOL,IDATHD-6ALINA I 1 1 signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the highway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police off icer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of al I persons using the highway. (R. 0. k948, 24-1011; G. S. 8-554) Article 11 . Pedestrians 27-1101 . Pedestrians Subject to Traffic -Control Signals. 27-1102. Pedestrians Right of Way at Crosswalks 27-1103. Pedestrians Crossing at Other Than C rosswa I ks 27-1104. Pedestrians on Roadways 27-1105. Pedestrians to Use Right Half of C rosswa I ks 27-1106. Pedestrians Soliciting Rides 27-1107. Pedestrian. Crosswalks 27-1108. School Zone Crosswalk Defined 27-1109. Pedestrian Right of Way in School Zone C rosswa I ks 27-1110. School Zone Crosswalks Designated 27-1111 . Use of Canes by Blind or Incapacitated Pedestrians 27-1112. Blind or Incapacitated Pedestrians: Duties of Drivers at Intersection 27-1113. Blind or Incapacitated Pedestrians: Rights of Person Not Using Cane or Dog Unaffected 27-1114. Penalty to Sections 27-1110, 27-1111, 27-1112 CONSOLIDATED-SALINA 1 C F1 27-1101. Pedestrians Subject to Traffic -Control Signals. Pedestrians shall be subject to traffic -control signals at intersections as heretofore declared in this chapter but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. (R. O. 1948, 24-1101; G. S. 8-555) 27-1102. Pedestrians' Right of Way at Crosswalks. (a) Where traffic -control signals are not in place or in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approach- ing from the rear shall not overtake and pass such stopped vehicle. (c) No pedestrian shall suddenly leave a curb or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (d) Whenever special pedestrian control signals exhibiting the words "walk" or "wait" or "don't walk" are in place, such signals shall indicate as follows: (1) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal, and shall be given the right of way by the drivers of all vehicles. (2) Wait or Don't Walk No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing. (R. O. 1948, 24-1102; G. S. 1959 Supp. 8-556) 27-1103. Pedestrians Crossing at Other than Crosswalks. (a) Every pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic -control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (d) Notwithstanding the provisions of this section every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (R. O. 1948, 24-1103; G. S. 8-557) CONSOLIDATED-$&LINA 1 27-1104. Pedestrians on Roadways. Any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. M7. S. 1,958 Supp. 8-557a) ,27-1105. Pedestrians to Use Right Half of Crosswalks Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (R. O. 19481 24-1104; G. S. 8-558) 27-1106. Pedestrians Soliciting Rides. No person shall stand or walk in a roadway for the purpose of soliciting a ride from the operator of any private vehicle. (R. O. 1948, 24-1105) 27-1107. Pedestrian Crosswalks. Pedestrian crosswalks are hereby established at sub- stantially the following places, the exact location and the marking thereof and thereon to be pre- scribed and installed by the City Manager. (a) In Santa Fe Avenue: (1) Midway in the block between Ash Street and Iron Avenue; (2) Midway in the block between Iron Avenue and Walnut Street; (3) Midway in the block between South Street and Prescott Avenue. (Ord. 5811, Sec. 1, 11-12-53) 27-1108. School Zone Crosswalk Defined. A school zone crosswalk is hereby defined as an area on any public street in the City of Salina so designated by appropriate city ordinance and clearly marked by painted lines defining the boundary thereof and signals or signs regulating the movement of vehicles at such point on the streets. (Ord. 5929, Sec. 1, 1-7-55) 27-1109. Pedestrian Right of Way in School Zone Crosswalks. All vehicles shall stop as required by the legend on any sign or signal erected or in place at any school zone crosswalk. Such sign or signal may require either that all vehiclev0qpat such school zone crosswalk or that all vehicles stop when pedestrians are within such school zone crosswalk. (Ord. 5929, Sec. 2, 1-7-55) 27-1110. School Zone Crosswalks Designated. School zone crosswalks are hereby established at substantially the following places, the exact location and the marking thereof and thereon to be prescribed and installed by the City Manager: Designated school zone crosswalks: (1) Across Ninth Street between Otis and Inez Avenues; (2) Across Ninth Street between Grand and Woodland Avenues; (3) Across Santa Fe Avenue between Grand and Woodland Avenues; (4) Across Iron Avenue between Twelfth and Eleventh Streets; (5) Across Iron Avenue between Penn and Columbia Avenues; C ON SO LIDAT}.D-SALINA 1 D 1 (6) Across Iron Avenue between Wisconsin and Indiana Avenues; (7) Two crosswalks across Eighth Street between Walnut and Mulberry Streets; (8) Across Seventh Street between Walnut and Mulberry Streets; (9) Across Ninth Street between Walnut and Mulberry Streets; (10) Across Ninth Street between Mulberry and South Streets; (I I) Across Santa Fe Avenue between Prescott and Crawford Avenues; (12) Across Ninth Street between Prescott and Crawford Avenues; (13) Across Crawford Avenue between Sherman and Eleventh Streets; (14) Across Prescott Avenue between Tenth and Eleventh Streets; (15) Across Crawford Avenue between Second and Front Streets; (16) Across Front Street between Crawford Avenue and Bond Street; (17) Across Santa Fe Avenue between Bond and Wilson Streets; (18) Across Ninth Street between Bond and Franklin Streets; (19) Across Highland Avenue between Bond and Wilson Streets; (20) Across Pueblo Avenue between Navaho Avenue and Cherokee Drive; (21) Across Cherokee Drive between Redwood Drive and Pueblo Avenue; (22) Across Cherokee Drive between Pueblo Avenue and Plum Drive; (23) Across Pontiac Avenue between Republic and Ponca Avenues; (24) Across Iron Avenue between Ninth and Tenth Streets; Street (2.5) Across Statelbetween Ninth and Tenth Streets; (26) Across Tenth Street between State and Ash Streets; (27) Across Pontiac Avanue between Ponca Avenue and Franklin Street; (23) Across Republic Avanue between Cherokee Drive and Pontiac Avenue; (29) Across Republic Avenue between Pontiac and Osage Avenues; (30) Across Ninth Street between Beloit and Republic Avenues; (31) Across Highland Avenue between Beloit and Republic Avenues; (32) Across Santa Fe Avenue between Beloit and Republic Avenues; (33) Across Minneapolis Avenue between Quincy and Norton Streets; (34) Across Jewell Avenue between Osborne and Quincy Streets; (3.5) Across Quincy Street between Jewell and Ellsworth Avenues; (36) Across Quincy Street between Ellsworth and Minneapolis Avanues; (37) Across Osborne Street between Jewell and Kirwin Avenues; CONSOLIDATED-SALINA D u (38) Across Osborne Street between Jewell and Ellsworth Avenues; (39) Across C laf I in Avenue between Highland and Santa Fe Avenues; (40) Across Cloud Street between Ninth and Eleventh Streets; (41) Across Leslie Street between Simmons and Fourth Streets; (42) Across Cloud Street between Fourth and Quincy Streets; A toss (43) IGypsum Avenue between Indiana and Wisconsin Streets; Across (44)/ Wayne Avenue between Roach and Ohio Streets, 27-1111 . Use of Canes by Blind or Incapacitated Pedestrians It shall be unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red. (G. S. 8-558a) 27-1112. Blind and Incapacitated Pedestrians: Duties of Drivers at Intersections. Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceedirg shall take such precautions as may be necessary to avoid injuring such pedestrian. (G. S. 8-558b) 27-1113. Blind and Incapacitated Pedestrians,• Rights of Person Not Using Cane or Dog Unaffected. Nothing contained in Sections 27-11111 and 27-11U shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog . upon the streets, highways or sidewalks, be held to constitute nor be evidence of contributory negligence. (G. S. $454k') 27-1113. 27-1114. Penalty to Sections 27-1111-, 27-111"2, ,Any, person who violates any provision of Sections 27-111'1, 27-1112, 27-1113, shall, upon conviction thereof, be punished by a fine of not to exceed Twenty-five Dollars ($25) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment. (G. S. 8-558d) CONSOLIDATED-$ALINA 1 1 Article 12, Safety Zones 27-1201. Driving Through Safety Zone Prohibited. 27-1201. Driving Through Safety Zone Prohibited. No vehicle shall at any time be driven through, within, or parked in a safety zone. (R. O. 1948, 24-1201; G. S. 8-563) Article 13. Trains and Railroads 27-1301. Obedience to Signal Indicating Approach of Train 27-1302. Al I Vehicles Must Stop at Certain Railroad Grade Crossings 27-1303. Certain Vehicles Must Stop at All Railroad Grade Crossings 27-1304. Vehicles Mutt Stop at Certain Railroad Grade Crossings 27-1305. Manager to Sign 27-1306. Moving Heavy Equipment at Railroad Grade Crossings 27-1307. Railroad Trains Not to Block Streets 27-1308. Railroads: Backing Across Streets 27-1301. Obedience to Signal Indicating Approach of Train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device or a flagman gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest track of such railroad and shall not proceed until he can do so safely. (b) The driver of a vehicle shal I stop and remain standing and not traverse such grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. (R. O. 19481 24-1301; G. S. 8-564) 27-1302. Al I Vehicles Must Stop at Certain Railroad Grade Crossings When the State Highway Commission has designated a particularly dangerous highway grade crossing of a railroad and erected a stop sign thereat, the driver of any vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest track of such grade crossing and shall proceed only upon exercising due care. (R. O. 1948, 24-1302; G. S. 8-565) CONSOLIDATED-SALINA 1 1 27-1303. Certain Vehicles Must Stop at All Railroad Grade Crossings (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, or of any vehicle designed for the carrying of flammable liquids, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. (b) No stop need be made at any such crossing where a police officer or a traffic -control signal directs traffic to proceed. (G. S. 1959 Supp. 8-566) 27-1304. Vehicles Must Stop at Certain Railroad Grade Crossings,. The driver of every vehicle shall bring such vehicle to a complete stop before entering the intersection of the streets hereinafter named, with the railroad tracks or crossings hereinafter named, in the City of Salina, and before driving or propelling such vehicle into or across any such railroad crossing: South bound vehicles, on Santa Fe Avenue and on Ninth Street, at the intersection or cross - ing of such streets and the Union Pacific main line tracks, shall stop before entering such railroad crossings, at the north side of such tracks, at a point approximately even with the stop sign or signs to be placed as hereinafter in this chapter provided for. North bound vehicles, on Santa Fe Avenue and on Ninth Street, at the intersection or cross- ing of such streets and the Missouri Pacific Railroad tracks, and at the intersection or crossing of such streets and the Union Pacific tracks at the south side of such crossings, at points approximately even with the stop sign to be placed as hereinafter in this chapter provided for. (R. O. 19481 24-1303) 27-1305. 66Qnager to Sign Stop signs, of such type or types as may be selected by the City Manager with the approval of the Board of Commissioners, shat l be placed at the entrance to the intersections or crossings designated in the preceding section of this chapter. Such stop signs shall be placed at the side or curb line of such streets, facing the approaching traffic which is required by this chapter to stop at such places, and shall be either of a reflector type which is self -illuminating at night, or equipped with flashing illuminated signals, and in addition the City Manager may, if he deems necessary, place in the street at such places flexible rubber flap stop signs or metal button type stop signs. (R. O. 1948, 24-1304) CONSOLIDATED-SALINA 1 27-1306. Moving Heavy Equipment at Railroad Grade Crossings. (a) No person shall i operate or move any crawler type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body or load clearance of less than nine (9) inches above the level surface of a roadway upon or across any tracks at a rail- road grade crossing without first complying with this section. (b) Before making any such crossing, the person operating or moving any such vehicle or j equipment shall first stop the same not less than ten (10) feet nor more than thirty (30) feet from the nearest rail of such railway, and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (c) No such crossing shall be made when warning is given by automatic signal or crossing gates or flagmen or otherwise of the immediate approach of a railroad train or car. (R. O. 1948, 24-1305; G. S. 8-567) 27-1307. Railroad Trains Not to Block Streets. It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to trains of cars in motion other than those engaged in switching. (R. O. 1948, 24-1306) 27-1308. Raj roads: Backing Across Streets. It shall be unlawful for the directing officer or the operator of any railroad train or any brakeman, switchman, engineer, or other employee or officer of any railroad to permit or cause to permit any train or car or cars of atrain or other object moving along such track to back across any street, avenue or thoroughfare in the City of Salina without first stationing, or causing to be stationed in said street, avenue or thorough- fare, a flagman or other employee of said railroad whose duty it shall be to warn, by suitable signals, all approaching traffic of the immediate approach of such train or car or cars of such train or other object moving along such track: Provided,_ That no railroad car or cars, or other object moving along such track shall be shuttled, switched, driven or "bumped" across any street, avenue or thoroughfare in the City of Salina unless such cars are attached to an engine and under proper con- trol. (R. O. 1948, 24-1307) CONSOLIDATED-SALINA 1 u 1 Article 14 Stopping and Parking_ 27-1401. Authority to Designate Through Highways and Stop and Yield Intersections; Stop Signs and Yield Signs; Obedience 27-1402. Stop Before Emerging from Alley or Private Driveway 27-1403. Stopping, Standing or Parking Outside of Business or Residence Districts 27-1404. Officers Authorized to Remove Illegally Stopped Vehicles 27-1405. Streets as Parking Zones or Stations for Buses; Prohibited; Exceptions 27-1406. Stopping, Standing or Parking Prohibited in Specified Places 27-1407. Parking Prohibited 27-1408. One -Way Alleys 27-1409. Use of Al I eys by Trucks 27-1410. Stopping or Parking on Roadways 27-1411. Parking on Iron Avenue 27-3412. Angle Parking 27-1413. No Parking Zones 27-1414. Additional No Parking Zones 27-1415. No Parking Zones from 8:00 a.m. to 5:00 p.m. 27-1416. No Parking Signs 27-1417. One -Hour Parking Zones from 7:00 a.m. to 7:00 p.m. 27-1418. Two -Hour Parking Zones from 7:00 a.m. to 7:00 p.m. 27-1419. Thirty -Minute Parking Zones 27-1420. Twenty -Minute Parking Zones 27-1421. Loading and Unloading Zones 27-1422. Marking of Vehicles 27-1423. Bus and Taxicab Stands 27-1424. Truck Parking Generally 27-1425. All Night Truck Parking; Truck Parking in Driveways and Yards CONSOLIDATED-SALINA 1 1 1 27-1426. Impounding Vehicles Becoming Nuisance 27-1427. Loading and Unloading Zones: Delivery Trucks 27-1428. Taxicab Stands 27-1429. Parking on Private Property of Another 27-1430. Penalty to Section 27-1429 27-1431. Complaint on Violation of Section 27-1429 27-1401. Authority to Designate Through Highways and Stop and Yield Intersections• Stop Signs and Yield Signs; Obedience. (a) The Board of Commissioners may designate through highways and erect stop signs or yield signs at spec if ied entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs at one or more entrances to such intersection. (b) Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersecting roadway. (c) Every stop sign shall bear the word "stop" in letters not less than six (6) inches in height. (d) Every yield sign shall bear the word "yield" in letters not less than seven (7) inches in height. (e) Except when directed to proceed by a police officer or traffic -control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (f) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no cross- walk, at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (G. S. 1959 Supp. 8-568) 27-1402. Stop Before Emerging from Alley or Private Driveway. The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid col l ision, or upon entering the roadway shall yield the right of way to al l vehicles approach- ing on said roadway. (R. O. 1948, 24-1401; G. S. 1959 Supp. 8-569) CONSOLIDATED -S ALYNA 1 1 1 27-1403. Stopping, Standing or Parking Outside of Business or Residence District (a) Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled part of the highway when it is practical to stop, park or so leave such vehicle off such part of said highway, but in every event a clear and unobstructed width of at least twenty (20) feet of such part of the highway opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle be available from a distance of two hundred (200) feet in each direction upon such highway. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (R. O. 19481 24-1402; G. S. 8-570) 27-1404. Officers Authorized to Remove Illegally Stopped Vehicles (a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing pro- visions of Section 27-1403, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled portion of such highway. (b) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel or on any part of any highway where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (R. O. 19481 24-1403; G. S. 8-571) 27-1405. Streets as Parking Zones or Stations for Buses;, Prohibited; Exceptions. It shall be unlawful for any person, copartnership or corporation, or any agent, representative or employee thereof to use any of the streets in the City of Salina or any part or parts thereof as a parking zone or as a loading or unloading station for buses and stages, except as provided for in any bus franchise ordinance. (R. O. 1948, 24-1404) a • • • • • • • M • • • 1 • 1 1 T- • 1_. •. _...—..._- a - • • person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control device, in any of the following places: (1) On a sidewalk; or (2? In front of a public/private driveway; CONSOLIDATED-SALINA D u 0 (3) Within an intersection; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection; (7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic -control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the City Manager indicates a different length by signs or markings; (9) Within fifty (50) feet of the nearest rail of a railroad crossing; (10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted); (11) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; street; tunnel; (1.2) On the roadway side of any vehicle stopped or parked at the edge or curb of a (13) Upon any bridge or other elevated structure upon a highway or within a highway (14) At any place where official signs prohibit stopping. (b) No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful. (R. O. 19481 24-1406; G.S. 8-572) 27-1407. Parking Prohibited. No person shall park or place a vehicle in a stationary position at any place on North Street from the west line of Santa Fe Avenue, thence west to the east line of Ninth Street including the intersections of said North Street with Seventh and Eighth Streets. (Ord. 5472, Sec. 1, 5-19-50) 27-1408. One -Way Alleys. (a) The following alleys are hereby designated as one-way alleys and traffic may move in one direction only along said alleys. (1) Alley between Fifth Street and Santa Fe Avenue from Ash Street to Walnut Street. (2) Alley between Santa Fe and Seventh Street from Elm to Walnut Streets. Avenue Street (3) Alley between Seventh Street and Eighth Street from Iron; to Ash. (b) The City Manager shall cause suitable signs to be maintained designating the direction of the flow of traffic through said alleys. CONSOLIDATED-SALINA D 1 1 (c) Parking in said alleys is hereby prohibited except for the purpose of loading and unloading, and in no instance may a vehicle be parked longer than fifteen (15) minutes in any one place or one stop when other vehicles are waiting for passage along the alley. (d) All parking is prohibited in the alley between Fifth Street and Santa Fe Avenue from Ash Street south one hundred (100) feet, for purpose of allowing Fire Department trucks free and clear ingress and egress. (R. O. 1948, 24-1407) 27-1409. Use of Alleys by Trucks It shall be unlawful on account of danger to other traffic and to property of other persons caused thereby and the hazard to other traffic when such vehicles are driven into or from alleys for any person to drive or back, or cause to be driven or backed into or from, or to stand in any alley in the City of Salina, where the width of such alley is not more than ten (10) feet, any truck having a total length of more than twenty (20) feet, or any combination of vehicles commonly known as truck and trailer or semitrailer, or tractor and trailer or semitrailer. (R. O. 19481 24-1408) 27-1410. Stopping or Parking on Roadways. (a) Except where angle parking is per - mitted by ordinance every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be so stopped or parked with the right-hand wheels of such vehicle parallel with and within twelve (12) inches of the right-hand curb. (b) The Board of Commissioners may by ordinance permit the parking of vehicles on the left- hand side of any one-way roadway which has an adjacent curb, but the left-hand wheels of all such vehicles shall be parallel to ., and within twelve (12) inches of the left-hand curb of such roadway. (c) The Board of Commissioners may by ordinance permit angle parking on any roadway, except that angle parking shal I not be permitted on any state highway connecting I ink unless the Commission has determined by resolution or order entered in its minutes that such roadway is of sufficient width to permit angle parking w.ithoutinterfering with the free movement of traffic. (R. O. 1948, 24-1410; G. S. 1959 Supp. 8-573) 27-1411. Parking on Iron Avenue On Iron Avenue between Delaware Street and Mary - mount Road, no vehicle shall be parked or stopped on the concrete pavement slab or within two (2) feet from either side of such pavement. (R. O. 1948, 24-1410) CONSOLIDATED-SALIINA 1 27-1412. Angle Parkina.- On the following and named streets vehicles shall be parked with the right side of any such vehicle toward and at an angle of forty-five (45) degrees with the right-hand curb line of such street, and with the right front wheel of such vehicle against the curb or on the curb line of such streets, and it shall be the duty of the City Manager and the Street Department to cause to be plainly marked upon the curb or along the curb line, by means of painted I ines set at an angle of forty -f ive (45) degrees with the curb I ine, and ten (10) feet, six (6) inches distant from center to center of such lines at the curb line, indicating the spaces within which and the angle at which all vehicles shall be parked on such portions of such streets, and it shal I be unlawful for any driver or owner of any vehicle to park or permit the same to be parked on any portion of any such streets except within the space so indicated, and at the angle so indicated: (a) Fifth Street between Ash Street and Walnut Street; (b) Santa Fe Avenue between Pine Street and Mulberry Street; (c) Seventh Street between Elm Street and Walnut Street; (d) Iron Avenue between Fourth Street and Ninth Street; (e) C laf I in Avenue between Santa Fe Avenue and Fourth Street; (f) Cloud Street from a point two hundred seventy-nine (279) feet east of the east curb line of Highland Avenue to the west Iine of Fourth Street: Provided That on all other streets and portions of streets in the City of Salina where parking is not prohibited, all vehicles shall be parked with the right-hand side thereof parallel and next adjacent to the curb or the curb Iine, except that angle parking shall be permitted as provided above in all areas in which the curbing has been set back and at least seven (7) feet additional width of street provided between the recessed curb line and the curb line of the street existing prior to the effective date of this ordinance and in all recessed parking areas for which permits shall be hereafter granted in accordance with the ordinances of the city. (Ord. 5816, Sec. 1, 11-12-53, Ord. 6140, Sec. 1, 5-10-57, Ord. 6179, Sec. 1, 7-6-57) 27-1413. No Parkins Zones. At the end of each block within the business district and specifically upon all streets where angle parking is required and at such other places on any street as the City Manager may deem necessary or as may be ordered by the Board of Commissioners, zones shall be set aside and designated where parking of vehicles shall be prohibited, and it shall be the duty of the City Manager to cause signs to be erected or the curbs to be marked for such distance CONSOLIDATED-SALINA 1 1 1 27-1415. No Parking Zones from 8:00 a.m. to 5:00 p.m. No vehicle shall be parked between the hours of eight (8) o'clock a.m. and five (5) o'clock p.m., Monday through Friday, during the school year, on the following described portions of certain streets in the City of Salina: (1) East side of Ninth Street from Euclid Avenue to Otis Avenue; (2) North side of Otis Avenue from Ninth Street to Eighth Street; (3) South side of Woodland Avenue from Ninth Street to Tenth Street; (4) East side of Tenth Street from Woodland Avenue to Grand Avenue; (5) North side of Grand Avenue, Ninth Street to Tenth Street; (6) South side of State Street from Ninth Street to Tenth Street; (7) East side of Tenth Street from State Street to Iron Avenue; (8) North side of Iron Avenue from Ninth Street to Tenth Street; (9) West side of Eleventh Street from State Street to Iron Avenue; (10) North side of Iron Avenue from Eleventh Street to west line of Baker Street, extended; (11) North side of Elm Street from Second Street to Front Street; (12) East side of Second Street from Elm Street to a point one hundred (100) feet north of north boundary of school grounds; (13) South side of Johnstown Avanue from Columbia Avenue to Penn Avenue; (14) East side of Penn Avenue from Iron Avenue to Johnstown Avenue; (15) North side of Iron Avenue from Penn Avenue to Columbia Avenue; (16) West side of Columbia Avenue from Iron Avenue to Johnstown Avenue; (17) North side of Gypsum Avenue from Wisconsin Avenue to Indiana Avenue; (18) South side of Cedar Street from Phillips Street to Baker Street; (19) West side of Baker Street from Cedar Street to Spruce Street; (20) North side of Spruce Street from Phillips Street to Baker Street; (21) East side of Phillips Street from Spruce Street to Cedar Street; (22) West side of Tenth Street from Charles Avenue north to the north boundary of Sotith Park school grounds; (23) North side of Charles Avenue from Tenth Street to east line of north and south alley between Tenth Street and Eleventh Street; (24) East side of Eleventh Street `in front of the grounds of South Park Annex; (25) East side of Tenth Street from Franklin Street to north boundary of school grounds; CONSOLIDATED-SALINA 1 1 1 (26) North side of Franklin Street from Ninth Street to Tenth Street; (27) East side of Tenth Street from the north boundary of the Bartlett school grounds to the south boundary of the Bartlett school grounds; (23) South side of Pueblo Avenue from Pontiac Street to a point one hundred (100) feet west of the west curb line of Pontiac Street; (29) West side of Pontiac Street from Pueblo Avenue to Republic Street; (30) North side of Republic Street from Pontiac Street to a point three hundred sixty (360) feet west of the west curb line of Pontiac Street; (31) East side of Cherokee Street from Pueblo Avenue to a point one hundred (100) feet south of the south curb line of Pueblo Avenue; (32) South side of Pueblo Avenue from Cherokee Street to a point one hundred (100) feet east of the east curb line of Cherokee Street; (33) North side of Beloit Street from Santa Fe Avenue to Highland Avenue; (34) East side of Highland Avenue from Beloit Street to Republic Avenue; (3.5) South side of Minneapolis Avenue from Norton Avenue to Quincy Avenue; (36) East side of Quincy Avenue from Minneapolis Avenue to Jewell Avenue; (37) North side of Jewell Avenue from Quincy Street to Norton Avenue; (38) West side of Norton Avenuefrom Jewell Avenue to Minneapolis Avenue; (39) South side of Cloud Street from the east line of the right of way of the Union Pacific Railroad Company to Quincy Street, extended; (40) South side of Republic Avenue from Santa Fe Avenue to Highland Avenue. When a vehicle is parked within any area wherein parking is prohibited for over an hour, then each additional hour thereafter shall be deemed to be a separate offense. (Ord. 5976, Sec. 1, 7-25-55) 27-1416. No Parking Sians. Each zone or place on any street in the City of Salina where parking is prohibited under the provisions of this chapter or any ordinance of said city shall be plainly marked and designated by signs or by having marked on the curb the words "No Parking," and this chapter shal I not be effective as to any zone or place unless the same is so marked, except in case of parking near a fire hydrant. (R. O. 1948, 24-1413; G. S. 8-572) 27-1417. One -Hour Parking Zones From 7:00 a.m. to 7:00 p.m. No person shal I park or leave or cause or permit to be parked or left, any vehicle for more than one (1) hour at any one time, and in any one place between the hours of seven (7) o'clock a.m. and seven (7) o'clock p.m. on any day of the week except Sunday, on any of the following streets in the City of Salina between the limits .hereinafter mentioned: CONSOLIDATED -SALIVA 1 1 1 (a) On Fifth Street from Ash Street to Walnut Street; (b) On Iron Avenue from Fourth Street to Fifth Street; (c) On the south side of Iron -Avenue from a point halfway between Seventh Street and Eighth Street, thence west to Eighth Street; (d) On Fourth Street from Iron Avenue to Walnut Street; (e) On Walnut Street from Fourth Street to Fifth Street; (f) On Seventh Street from Walnut Street to Ash Street; (g) On Santa Fe Avenue from Mulberry Street to Elm Street; (h) On both sides of Ash Street between Seventh Street and Eighth Street; (i) On both sides of Seventh Street between Ash Street and Elm Street: Provided, That the parking I imits therein provided for shal l not apply where other l imits within the zones hereby created are otherwise specifically provided for by ordinance. (Ord. 5813, Sec. 1, 11-12-53, Ord. 5827, Sec. 1, 1-15-54) 27-1418. Two -Hour Parking wZone from 7:00 a.m. to 7:00 p . m . No person shall park or leave or cause or permit to be parked or left any vehicle for more than two (2) hours at any one time at any place between the hours of seven (7) o'clock a.m. and seven (7) o'clock p.m. on any day of the week, except Sunday, on any of the following streets in the City of Salina, between the limits hereinafter mentioned: (a) On each side of Eighth Street from Iron Avenue north to the south I ine of Ash Street; (b) On the east side of Eighth Street between Walnut Street and the driveway south of the post office, said driveway being the first driveway south of Iron Avenue; (c) On the north side of Iron Avenue from the east side of Ninth Street, thence east to the west line of Eighth Street; (d) On both sides of Fifth Street between Walnut Street and Mulberry Street; (e) On the south side of Iron Avenue between Eighth Street and Ninth Street; (f) On the west side of Eighth Street from a point four hundred (400) feet south of Iron Avenue to Walnut Street; (g) On both sides of Walnut Street between Seventh Street and Ninth Street; (h) On both sides of Seventh Street between Walnut Street and Mulberry Street; (i) On the north side of Mulberry Street between Fifth Street and Seventh Street; (j) On both sides of Fifth Street between Ash Street and Elm Street: Provided That the parking limits herein provided for shall not apply where other limits within the zones hereby created are otherwise specifically provided for by ordinance. (Ord. 5826, Sec. 1, 1-15-54) CONSOLIDATED-SALINA 1 1 1 27-1419. Thirty -Minute Parking Zones. Two (2) parking zones for five (5) cars each, are hereby established on each side of Santa Fe Avenue in the City of Salina between Ash Street and Elm Street. The City Manager shall designate and have marked such zones, and after they are so marked, it shall be unlawful for any person to park or leave or cause or permit to be parked or left in any space in any such zone any vehicle for more than thirty (30) minutes at any one time between the hours of seven (7) o'clock a.m. and seven (7) o'clock p.m. (R. O. 1948, 24-1416; G. S. 1959 Supp. 8-508) 27-1420. Twenty -Minute Parking Zones. The City Manager shall and he is hereby authorized and directed to designate and have marked: (a) Three (3) zones on each side of each block on Santa Fe Avenue between Ash Street and Walnut Street; (b) Two (2) zones on the west side of the one zone on the east side of Fifth Street between Iron Avenue and Ash Street; (c) Two (2) zones on each side of Fifth Street between Iron Avenue and Walnut Street with parking spaces in each of such zones for five (5) cars; (d) One (1) zone in each block on each side of Iron Avenue between Fifth Street and Seventh Street; (e) Two (2) zones on each side of Seventh Street between Ash Street and Iron Avenue with parking spaces in each of such zones for three (3) cars; (f) All of the south side of Iron Avenue between Eighth Street and the driveway east of the post office building; (g) On the north side of Iron Avenue from the east curbing of Eighth Street to a point fifty (50) feet east of said curbing; (h) All of the east side of Eighth Street between Iron Avenue and the driveway south of the post office building. After such zones are designated and marked, it shall be unlawful for any person to park or leave or cause or permit to be parked or left in any one car parking space in any such zone any vehicle for more than twenty (20) minutes at one time between the hours of nine (9) o'clock a.m. and nine (9) o'clock p.m. on any day except Sunday. (R. O. 1948, 24-1417, Ord. 5810, Sec. 1, 11-12-53; G. S. 1959 Supp. 8-508) CONSOLIDATED-SALINA D 1 27-1421. Loading and Unloading Zones. It is hereby determined to be necessary to provide personal property loading and unloading zones on the public streets of Salina within Santa Fe Avenue between Walnut Street and Ash Street and on Fifth Street between Walnut Street and Ash Street in order to facilitate the orderly flow of traffic and the carrying on of commerce: Proxicled That not more than five (5) parking spaces shall be allocated to anyone side of the street in any one block. The City Manager is authorized to designate and cause to be designated such space and is directed to clearly mark said zones consistent herewith and as beirgl imited to parking for the sole purpose of loading and unloading. To avoid congestion and danger to the public, no truck shall be parked in such zones contrary to the provisions of Section 27-1424 or any other ordinance of the city. No vehicle shal I be parked within such zones, so designated, for more than ten (10) continuous minutes and each successive continuous ten (10) minute period is hereby declared to be a separate offense. ( Ord . 5620, Sec. 1, 2-18-52) 27-1422. Marking of Vehicles. The Chief of Police shall cause all vehicles parked on J that portion of the streets designated in Sections 127-1418, 27-1419 and 27-1420 of this chapter to be marked in such manner as to distinguish such vehicles during the hours in which the parking requirements within such limits are effective, and any person who shall remove, erase, or destroy or cause to be removed, erased or destroyed any mark placed upon any such vehicle or upon the tires thereof by any police officer, otherwise than for the purpose and in the course of complying with the provisions of this chapter, shall be guilty of a violation of this chapter. ' (R. O. 1948, 24-1418; G. S. 8-507) 27-1423. Bus and Taxicab Stands. It shall be unlawful for any person to use any part of any street for the parking of any taxicab for a taxicab stand or station except as are specifically prescribed and designated in the ordinances of the City of Salina relating to taxicabs, and it shall be unlawful for any person to use any portion of any street for the parking of any passenger carrying bus or stage or as a station or stand for any such bus or stage, except as specif ical ly prescribed or designated by an ordinance of the City of Salina relating thereto or as permitted in any franchise ordinance or agreement duly entered into by the Board of Commissioners of said city and owners or operators of any such bus or stage: ELoyLidid, That this provision* shal I not prevent the driver of any bus or taxicab from temporarily stopping in accordance with other stop or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers: Proyided further, That no person shall stop, stand or park such vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when such stop or stand has been officialy designated CONSOLIDATED-SALINA 1 E 1 and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaging in loading or unloading passengers when such stop- ping does not interfere with any bus or taxicab waiting in or about to enter such zone. (R. ® . 19481 24-1419; G. S. 8-507) 27-1424. Truck Parking Generally. It shall be unlawful for any person to park or leave any combination of vehicles commonly known as truck and trailer or truck and semitrailer on any portion of a street in the City of Salina where angle parking is required by ordinance, at any time, either for loading or unloading property or for any other purpose. It shall be unlawful for any person to park or leave any vehicle of any kind having a total length of more than eighteen (18) feet on any street in the city where angle parking of vehicles is required by ordinance, except temporarily for the purpose of loading or unloading merchandise and then only when the use of such vehicle for such purpose does not interfere with the regular traffic on such street, and will leave at least twenty (20) feet of clear space for the travel of vehicles on such street. Any pro- jection or extension from the front or rear of any vehicle whether a part of such vehicle or of the contents thereof shall be deemed to be included in the total length of such vehicle under the pro - vis* -ons of this chapter and in the case of a horse-drawn vehicle the distance from the horses' heads to the rear of the vehicle or any extension thereof shall be included in the length of such vehicle. All vehicles above referred to when parked or left in any street in the city (except as herein specifically permitted) shall be parked or left in some portion of the street where parking parallel with the curbing is required by ordinance and when so parked or left such vehicle shall have its right wheels next to and not more than one (1) foot from the curb line of such street: rovidgsj. That none of the provisions contained in the foregoing section shal I be deemed to permit the temporary parking for any purpose on portions of streets where angle parking is required by any ordinance, of a combination of vehicles commercially known as truck and trailer or semitrailer, and the parking of such vehicles on such streets shall be covered by the provisions of the first sentence of this section. (R. 0. 19481 24-1420; G. S. 8-507) 27-1425. All Night Truck Parkin; Truck Parkins in Driveway and Yards. It shall be unlawful for any person to use any street in the City of Salina for what is commonly known as the all-night parking of any truck or commercial vehicle, or to park or permit any such truck or commercial vehicle to stand all night in any street; and no such truck or commercial vehicle shall be parked or kept all night in any driveway or front yard of any private premises in the City of Salina in any residential district as designated by the zoning ordinance of said city or amendments CON SOLIDATrl)-SALINA 1 C 1 thereto, between the street line and the building set back line as designated by such zoning ordinance; and if such truck or commercial vehicle is one used for the transportation of livestock or gasoline or other flammable liquid, the same shall not be parked at any time in any driveway or yard within fifty (50) feet of any dwelling house occupied by any person or family other than the person or family of the person owning or using such truck or commercial vehicle. For the purpose of this chapter, all night parking is defined as the parking of any vehicle in one or more places within any prohibited area, for a total of more than three (3) hours between the hours of ten (10) o'clock p.m. and seven (7) o'clock a.m. (R. O. 1948, 24-1421; G. S. 8-507) 27-1426. Impounding of Vehicles Becoming Nuisance. (a) In order to provide for the safety of property any vehicle being operated by any person upon any street or alley in the City of Sal ina, the operator of which is then arrested for the al leged commission of a publ is offense and which operator fails to make bond within one (1) hour after being committed to jail and further fails to place any such vehicle in the care and charge of some person designated by such operator, then such vehicle is hereby declared to be a public nuisance. It shall be the duty of the Chief of Police to cause any such vehicle to be removed and impounded in a public vehicular storage garage. There- after, such vehicle shall be surrendered to the duly identified owner thereof oily upon the payment of a pound fee of Two Dollars and Fifty Cents ($2.50), together with any additional storage and tow - in fee which is necessarily incurred by the Chief of Police or anyone acting pursuant to his orders or directives. (b) Any unoccupied vehicle left parked continuously upon any street of the city for twenty- four (24) hours or more is hereby declared to be a nuisance. It shall be the duty of the Chief of Police to cause any such vehicle to be removed to and impounded in a public vehicular garage. Such vehicle shall be surrendered to the identified owner thereof, only upon the payment of the pound fee of Two Dollars and Fifty Cents ($2.50), together with any additional storage charge or tow -in fee, which is necessarily incurred by the Chief of Police, or any other department of the city fir the towing in and storage of such vehicle. (c) Any vehicle against which there has been issued three (3) or more traffic summons, either for exceeding the parking limit or for being parked at a place where parking is prohibited, either by this chapter or any other ordinance of the city, where the owner of such vehicle has failed to appear in Police Court for the disposition of such cases, is hereby declared to be a nuisance. It shal l be the duty of the Chief of Police to cause such vehicle to be removed on sight and impounded. There- after such vehicle shall be surrendered to the duly identified owner thereof only upon payment of the CONSOLIDATED -1 1 1 1 additional storage charge or tow -in fee, which is necessarily incurred by the Chief of Police, or any other department of the city for the towing in and storage of such vehicle. (Ord. 5622, Sec. 1, 2-29-52) 27-1427. Loading and Unloading Zones: Delivery Trucks. It is hereby determined to be necessary to provide personal property loading and unloading zones on the public streets as indicated below: (a) Two spaces on the west side of the 200 block of North Santa Fe Avenue; (b) Three spaces on the west side of and three spaces on the east side of the 100 block of North Santa Fe Avenue; (c) Three spaces on the west side and three spaces on the east side of the 100 block of South Santa Fe Avenue; (d) Two spaces on the west side of and two spaces on the east side of the 200 block of South Santa Fe Avenue; (e) Two spaces on the west side, and two spaces on the east side of the 100 block of North Fifth Street; (f) Two spaces on the west side and two spaces on the east side of the 100 block of South Fifth Street; (g) Two spaces on the east side of the 100 block of North Seventh Street; (h) Two spaces on the west side and one space on the east side of the 100 block of South Seventh Street; (i) Two spaces on the south side of the 100 block of East Ash Street; (j) Two spaces on the north side of the 100 block of West Iron Avenue; (k) Three spaces on the south side of the 100 block of East Iron Avenue; (1) Two spaces on the north side of the 200 block of East Iron Avenue; (m) Three spaces on the north side of the 100 block of Walnut Street (West); (n) Two spaces on the north side and two spaces on the south side of the 100 block of East Walnut Street; (o) One space on the south side of the 900 block of West Crawford Avenue. The City Manager is authorized and directed to designate the exact location within each block of the above unloading zones, and is further directed to clearly mark said zones, consistent herewith, as being limited to parking for the sole purpose of loading and unloading merchandise into and from delivery trucks and other vehicles being used for commercial delivery purposes. To avoid congestion and danger to the public, no truck shal I be parked in such zones contrary to the provisions of CONSOLIDATED-SALINA 1 t L Section 27-1424 or any other ordinance of said city. No vehicle shall be parked within such zones, so designated, for more than fifteen (15) minutes continuous, and each successive continuous fifteen (15) minute period is hereby declared to be a separate offense. The above described use of the said loading and unloading zones shall be in effect only between the hours of seven (7) o'clock i a.m. and twelve (12) o'clock noon on every day of the week except Sundays and legal holidays. From twelve (12) o'clock noon until seven (7) o'clock p.m. on every day except Sundays and legal holidays, the above described areas are hereby designated by the City Manager as set forth in Article 23 of this chapter. For the purpose of this section, one loading and unloading space on any street where angle parking is required shall be eleven (11) feet of curb space and one loading and unloading space on any street where parallel parking is required shall be twenty-two (22) feet of curb space. (Ord. 5831, Sec. 1, 2-5-54, Ord. 6118, Sec. 1, 2-18-57) 27-1428. Taxicab Stands. (a) It is hereby determined to be necessary to provide parking areas on certain streets in the business district of the city in order to provide more convenient and efficient taxicab service for the general public, such areas to be known as staxicab stands. The following portions of the streets designated are hereby declared to be used and marked as prescribed herein: (1) One stand on the north side of the 100 west block of West Ash Street; (2) One stand on the north side and one stand on the south side of the 200 block on West Ash Streeet; (3) One stand on the west side of the 100 block of North Seventh Street; (4) One stand on the west side of the 100 block of South Seventh Street; (5) One stand on the north side of the 200 block of West Iron Avenue; (6) One stand on the south side of the 100 block of East Ash Street; (7) One stand on the west side of the 100 block of North Fifth Street; (3) One stand on the north side of the 100 block of West Walnut Street. The City Manager is authorized and directed to designate the exact location within each block of the above described taxicab stands, and is further directed to clearly mark said zones, consistent herewith, as being limited to parking for the exclusive use of any vehicle licensed and operating as a taxicab under and pursuant to the provisions of Chapter XVI, Article 10, of this code: Prgvid2d That this section shall in no way be construed as modifying or altering the pur- pose and effect of Section 16-1023 of this code. For the purpose of this chapter, one taxicab stand on all streets on which angle parking is required shall be eleven (11) feet of curb space; and one taxicab stand on all streets where parallel parking is required shall be twenty-two (22) feet of curb space. CONSOLIDATED-SALINA (b) (1) Any person parking or permitting the parking of a vehicle within any one or more of said zones for any purpose other than that permitted above shall be deemed guilty of a public offense; (2) Any person parking or permitting the parking of a vehicle within the said zone for the designated purpose for more than the time limit or in any way not in accordance with this chapter shall be deemed guilty of a public offense or offenses, as applicable. (Ord. 5831, Sec. 2, 2-5-54) 27-1429. Parking on Private ProRerty of Another. It shall be unlawful for any person to park, place or leave standing, whether attended or unattended, any vehicle upon the private real property of another, without the consent of the owner or lessee of said real property. (Ord. 5582, Sec. 1, 9-21-51) 27-1430. Penalty to Section 27-1429. It is declared to be a public offense for any person to violate the foregoing section and any person convicted of such violation thereof shall be punished by a fine of not more than Fifty Dollars ($50). (Ord. 5582, Sec. 2, 9-21-51) 27-1431. Complaint on Violation of Section 27-1429. Whenever any person complains under oath that a vehicle is standing upon private real property in violation of Section 27-1429 hereof, any police officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. The owner or other person entitled to the possession of any such vehicle shall be required to pay the reasonable cost of such removal before being entitled to the possession of such vehicle. (Ord. 5582, Sec. 3, 9-21-51) Article 15. Riding Vehicles 27-1501. Obstruction to Driver's View or Driving Mechanism; Unlawful Riding 27-1502. Boarding or Alighting from Vehicles 27-1503. Clinging to Moving Vehicles 27-1504. Riding on Handlebars or Other Parts Prohibited 27-1501. Obstruction to Driver's View or Driving Mechanism; Unlawful Riding (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle jor as to interfere with the driver's control over the driving mechanism of the vehicle. C ONiSOL IDATED-SALTNA 1 D 1 (b) No passenger in a vehicle shal I ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. (c) No person shal I ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty, or to any person riding within truck bodies in space intended for merchandise. (R. O. 19481 24-1501; G. S. 8-574) 27-1502. Boarding or Alighting from Vehicles. No person shall board or alight from any vehicle .while such vehicle is in motion. (R. O. 19481 24-1502) 27-1503. Clinging to Moving Vehicles. No person riding upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle shall attach the same or himself to any moving vehicle upon any roadway. (R. O. 19481 24-1503) 27-1504. Riding on Handlebars or Other Parts Prohibited. The operator of a motorcycle or bicycle when upon a street shall not carry any other persons upon the handlebar, frame or tank of any such vehicle, or any place on any such vehicle except on a regular seat provided for such purpose, nor shall any person so ride upon any such vehicle. (R. O. 1948, 24-1504) Article 16. Bicycles 27-1601. Bicycles and Other Vehicles on Sidewalks 27-1602. Parents or Guardians Responsible for Acts of Children 27-1603. Police to Take Up Bicycles and Other Vehicles 27-1604. Use of Coasters, Roller Skates and Similar Devices Restricted 27-1601. Bicycles and Other Vehicles on Sidewalks. No vehicle, except bicycles, shall be operated or parked on any sidewalk or parkway space, except in crossing the same in a driveway space provided for such crossing for the purpose of reaching the paved or traveled portion of a highway, and no person shall ride a bicycle on any sidewalk in any business district. In residence districts, no person shall ride_a bicycle on a sidewalk except with due care for the safety of pedestrians, and the rider of a bicycle on a sidewalk when approaching or passing a pedestrian shal I slow or stop the same if necessary to avoid col I iding with or interfering with the passage of any pedestrian on such sidewalk. (R. O. 1948, 24-1601) CONSOLIDATED -SALIVA fl 27-1602. Parents or Guardians Responsible for Acts of Children Any parent or guardian of any child under the age of sixteen (16) years who permits such child to ride or operate any bicycle or other vehicle in the city shall be responsible for the obedience of such child to the requirements of this chapter, and it shall be unlawful for any parent or guardian of any such child to knowingly permit the violation by such child of any of the provisions of this chapter, or to furnish to or permit the use by any such child of any bicycle or other vehicle in violation of the provisions of this chapter, and the continued violation by any such child of any provisions of this shall be presumed to be with the knowledge and consent of such parent chapter after notice of such violation has been brought to the attention of such parent or guardian or guardian. (R. O. 19481 24-1602) 27-1603. Police to Take Up Bicycles and Other Vehicles. If any child under the age of sixteen (16) years shall operate or ride on any bicycle or other vehicle in violation of the provisions I of this chapter or if any such bicycle or other vehicle, or the equipment of the same, fails to comply with the requirements of this chapter, any police officer of the city may take possession of such vehicle and take the same to the police headquarters in said city, and there keep the same until the parents or guardian of such child are notified and until arrangements are made by such parent or guardian to comply with the requirements of this chapter. (R. O. 1948, 24-1603) 27-1604. Use of Coasters, Roller�Skates and Similar Devices Restricted. No person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street or crosswalk or except upon streets ;set aside as play streets when and as authorized by ordinance of the city. (R. O. 1948, 24-1604) Article 17. Miscellaneous 27-1701. Unattended Motor Vehicle 27-1702. Vehicles: Repairing, Washing on Streets Prohibited 27-1703. Permits for Parades and Processions 27-1704. Funeral and Other Processions 27-1705. Driving Through Processions 27-1706.. Zone of Quiet 27-1707. Following Fire Apparatus Prohibited 27-1708. Crossing Fire Hose CONSOLIDATED-SALINA 1 1 1 27-1709. Putting or Permitting Glass, Etc. , on Highways Prohibited 27-1710. Unsafe Vehicles and Equipment; Scope and Effect of Regulations 27-1701. Unattended Motor Vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. (R. O. 19481 24-1701) 27-1702. Vehicles: Repairing, Washing on Street Prohibited No person shall repair any vehicle or any part or tires thereof or paint any vehicle, or permit the same to be done, on any street, except in case of emergency as set forth in Section 27-1403 of this chapter. No vehicle shall be washed in any street in any commercial or industrial district as defined by the zoning ordinance. (R. O. 19481 24-1702) 27-1703. Permits for Parades and Processions. No procession or parade other than a funeral procession, excepting the forces of the United States Army or Navy, the military forces of this state, and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and other regulations as set forth herein which may apply. (R. O. 1948, 24-1703; G. S. 1959 Supp. 8-508) 27-1704. Funeral and Other Processions. (a) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of at least the first four (4) vehicles in such procession, of a penant of a tape designated by the Chief of Police or the Traffic Division of the Police Department. (b) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and follow the vehicle ahead as closely as is practical and safe. (R. O. 19481 24-1704) 27-1705. Driving Through Processions. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shal I not apply at intersections where traffic is controlled by traffic -control signals or police officer. (R. O. 1948, 24-1705) CONSOLIDATED-SALINA i� 1 27-1706. Zone of Quiet. Whenever authorized signs are erected indicating a zone of quiet, no person yoperating a motor vehicle within any such zone shall sound the horn or other warn- ing device of said vehicle except in an emergency. The City Manager shall have authority to temporarily establish a zone of quiet upon any street where a person is seriously ill if requested so to do by the written statement of at least one registered physician certifying to its necessity. Said temporary zone of quiet shall embrace all territory within a radius of two hundred (200) feet of the building occupied by the person named in the request of said physician. Said temporary zone of quiet and any other zone of quiet declared by any ordinance of the city shall be designated by the City Manager by placing at aconspicuous p'lace in the street a sign or making bearing the words "Quiet Zone." (R. O. 19481 24-1706) 27-1707. Following Fire Apparatus Prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive; into or park such vehicle within the block where fire Apparatus has stopped in answer to a fire alarm. (R . O. 1948, 24-1708; G. S. 8-575) 27-1708. Crossing Fire Hose. No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or elsewhere, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. (R. O. 1948, 24-1709; G. S. 8-576) Putting27-1709. or - 11 • on •Prohibited. • No person shall throw or deposit or cause or permit to be placed or to remain, upon any highway, any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal, or vehicle upon such highway. (b) Any person who drops, or causes or permits to be dropped or thrown, upon any highway, as the result of an accident or "otherwise, any destructive or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (R. O. 1948, 24-1710; G. S. 8-577) 27-1710. .1rsae Yehcles and, Egnent ,$cope _grid Effect of Regulations. (a) No person shall drive or move, and no owner shall cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps CONSOLIDATED-SALINA 1 J and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter. (b) The provisions of this chapter with respect to equipment on vehicles shal I not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable. (R. O. 1948, 24-1711; G. S. 8-580) Article 18. Lights and Lamps 27-1801. When Lighted Lamps are Required; Visibility Distance; Mounted Height of Lamps 27-1802. Head Lamps on Motor Vehicles 27-1803. Tail Lamps; New Motor Vehicles to be Equipped With Reflectors 27-1804. Additional Equipment Required on Certain Vehicles 27-1805. Color of Clearance Lamps, Side Marker Lamps, Backup Lamps and Reflectors 27-1806. Mounting of Reflectors, Clearance Lamps and Side Marker Lamps 27-1807. Visibility of Reflectors, Clearance Lamps and Marker Lamps 27-1808. Obstructed Lights not Required 27-1809. Lamp or Flag on Projecting Load 27-1810. Lamps on Parked Vehicles 27-1811. Lamps on Bicycles 27-1812. Lamps on Other Vehicles and Equipment 27-1813. Spot Lamps and Auxi I iary Lamps 27-1814. Signal Lamps and Signal Devices 27-1815. Additional Lighting Equipment 27-1816. Multiple -Beam Road -Lighting Equipment 27-1817. Use of Multiple -Beam Road -Lighting Equipment 27-1818. Alternate Road -Lighting Equipment CONSOLIDATED-SALINA 1 1 1 27-1819. Number of Driving Lamps Required or Permitted 27-1820. Special Restrictions on Lamps 27-1821. Sel I ing or Using Lamps or Devices 27--1801. When Lighted Lamps are Required: Visibility Distance; Mounted Height of Lamas. (a) Every motor vehicle upon a highway within this city at any time from a half hour after sunset to a half hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead, shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. (b) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shal I render objects visible or within which such lamps or devices shal I be visible, said provisions shall apply, during the times stated in subdivision (a) of this section in respect to a vehicle without load upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. (c) Whenever in this chapter requirement is declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (R. O. 19481 24-1801; G. S. 1959 Supp. 8-581) 27-1802. Head Lamps on Motor Vehicles. (a) Every motor vehicle other than a motor- cycle or motor -driven cycle shall be equipped with at least *two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shal I comply with the requirements and limitations set forth in this chapter. (b) Every motorcycle and every motor -driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this chapter. (c) Every head lamp upon every motor vehicle, including every motorcycle and motor -driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty- four (54) inches nor lesss than twenty-one (21) inches to be measured as set forth in subsection (c) of Section 27-1801 and shall not apply to vehicles mentioned in subsection (b) of Section 27-1710. CONSOLIDATED-SALINA �I 1 1 (d) The provisions of subsection (c) of this section shall only apply to new motor vehicles registered in this state, and which are manufactured or assembled after July 1, 1959. (R. O. 1948, 24-1802; G. S. 1959 Supp. 8-582) 27-1803. Tail Lamps; New Motor Vehicles to be Equipped with Reflectors. (a) Every motor vehicle, trailer, semitrailer, pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear, but in the case of a train of vehicles, only the tail lamp on the rear -most vehicle need actually be seen from the distance specified. Every such new vehicle, other than a truck tractor, registered in this state and manufactured or assembled after July 1, 1959, shall be equipped with at least two (2) tail lamps ,mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when I ighted as herein required, shal I comply with the pro- visions of this section. Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches, nor less than twenty (20) inches. (b) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty (50) feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shal I be so wired as to be I ighted whenever head lamps or auxiliary driving lamps are lighted. (c) Every new motor vehicle, other than a truck tractor, sold and operated on a highway after July 1, 1959, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor -driven -cycle shall carry at least one reflector, meeting the requirements of this section, and except that vehicles of the type mentioned in Section 27-1804 shall be equipped with reflectors as required in those sections applicable thereto. (d) Every such reflector shall be mounted upon a vehicle at a height not less than twenty (20) nor more than sixty (60) inches, measured as set forth in Subsection (c) of Section 27-1801 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of lawful upper beams of head lamps, except that on a commercial vehicle the reflector shall be visible from all distances within five hundred (500) feet to fifty (50) feet from such vehicle, when directly in front of lawful upper beams of head lamps; and except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles. (R. O. 1948, 24-1803; G. S. 1959 Supp. 8-583) CONSOLIDATED-SALINA LJ 1 27-1804. Additional Equipment Required on Certain Vehicles. In addition to other equipment required by this chapter, the following new vehicles sold and operated on a highway after July 1, 1959, shall be equipped as herein stated. (a) On every bus or truck, whatever its size, there shall be the following: on the rear, two (2) reflectors, one at each side and one combination tail light and stop light. (b) On every bus or truck, eighty (8Q) inches or more in overall width, in addition to the requirements in paragraph (a): (1) On the front, two (2) clearance lamps, one at each side; (2) On the rear, two (2) clearance lamps, one at each side; (3) On each side, two (2) side marker lamps, one at or near the front, and one at or near the rear; and (4) On each side, two (2) reflectors, one at or near the front, and one at or near the rear. (c) On every truck tractor: (1) On the front, two (2) clearance lamps, one at each side; and (2) On the rear, one combination tail light and stop light. (J) On every Kansas licensed trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds: (1) On the front, two (2) clearance lamps, one at each side; (2) On each side, two (2) side marker lamps, one at or near the front, and one at or near the rear; and (3) On each side, two (2) reflectors, one at or near the front, and one at or near the rear; (4) On the rear, two (2) clearcnce lamps, one at each side, also two (2) reflectors, one at each side and one combination tail light and stop light. (e) On every pole trailer in excess of three thousand (3,000) pounds gross weight: (1) On each side, one side marker lamp and one clearance lamp, which may be in com- bination, to show to the front, side and rear; and (2) On the rear of the pole trailer or load, two (2) reflectors, one at each side. (f) On every trailer, semitrailer, or pole trailer: On the rear, two (2) reflectors, one at each side. If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then such vehicle shal I also be equipped with one tail I ight and one combination.: ta'I light and stop light. (R. O. 1948, 24-1804; G. S. 1959 Supp. 8-584) CONSOLIDATED-SALINA 1 27•-1805. Color of Clearance Lamps, Side Marker Lamps, Backup Lamps and Reflectors. (a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. (b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber. (G. S. 1959 Supp, 8-584a). 27-1806. Mounting of Reflectors,, Clearance Lamps and Side Marker Lamps (a) Reflectors when required by Section 27-1804 shall be mounted at a height not less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other statutory reflector requirements. (b) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination, provided illumination is given as required herein with reference to both. (Q. S. 1959: Supp. 8-584b) 27-1807. Visibility of Reflectors, Clearance Lamps and Marker Lamps (a) Every reflector upon any vehicle referred to in Section 27-1804 shall be of such size and characteristics and so main- tained as to be readily visible at nighttime from all distances within six hundred (600) feet to one hundred (100) feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. (b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the front and rear, respectively, of the vehicle. (c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted. (G. S. 1959 Supp. 8-584c) CONSOLIDATED-SALINA 1 FJ D 27-1808. Obstructed Lights not Required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. (C�.. S. , 1959 Supp. 8-5844 ) 27-1809. Lamps or Flags on Projecting Loads. Whenever the load upon any vehicle extends more than six (6) inches beyond the sides ar four (4) feet or more beyond the rear of the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, and at the extreme sides, at the times specified in Section 27-1801, red lights or lanterns plainly visible from 6 distance of at least five hundred (500) :feet to the sides and rear:Prov. That the total width of any vehicle or load thereon shal I not exceed the I imitations prescribed by Section 27-2102. The red lights or lanterns required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve (12) inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (R. 0. 1948, 24-1805; G. S. 1959 Supp. 27-1810. Lamps on Parked Vehicles. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in Section 27-1801 such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of such vehicle and a red I ight vi.sib'le from a distance of five hundred (500) feet to the rear, except that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. (R. O. 1948, 24-1806; G. S. 8-586) 27-1811. Lam s on Bicycles. Every bicycle operated upon any street or highway in the nighttime shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear, except that a red reflector CONSOLIDATED-SALINA 1 F-, u meeting the requirements of this chapter may be used in I ieu of a rear I ight. (R. O. 1948, 24-1807; G. S. 8-587) 27-1812. _Lamps on Other Vehicles and Equipment All vehicles, including animal - drawn vehicles and including those referred to in Section 27-1710 not hereinafter specifically required to be equipped with lamps, shall at the times specified in Section 27-1801 hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear. (R. O. 1948, 24-1808; G. S. 8-588) 27-1813. Spot Lamps and Auxiliary Lamps. (a) $pot Lames_ Any motor vehicle may be equipped with not to exceed one spot lamp, and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet .ahead of the vehicle. (b) A�xiJary Dr ing_Laps. Any motor vehicle may be equipped with not to exceed two (2) auxiliar'y driving lamps mounted on the front at a height not less than sixteen (16) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The pro- visions of Section 27-1816 shall apply to any combination of head lamps and auxiliary driving lamps. (c) Aux_iJjgry R ssjngLam_ps. Any motor vehicle may be equipped with not to exceed two (2) auxiliary passing lamps mounted on the front at a height not less than twenty-four (24) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The pro- visions of Section 27-1816 shall apply to any combination of head lamps and auxiliary passing lamps. (d) Etg_Lsimp_,. Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front at a height not less than twelve (12) inches nor more than thirty (30) inches above the level surface upon which the vehicle stands, and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five (25) feet ahead project higher than a level of four (4) inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above head requirements may be used with lowerl lamp beams as specified in subsection (b) of Section 27-1816. (R. O. 1948, 24-1809; G. S. 1959 Supp. 8-589) CONSOLIDATED-SALINA 1 1 J 27-1814. Signal Lamps and Signal Devices. (a) Any motor vehicle may be equipped and when required under this chapter shall be equipped with the following signal lamps or devices: (1) A stop lamp or stop lamps on the rear which shall emit a red or yellow light and which shal I be actuated upon application of the service (foot) brake and which may but need not be incorporated with one or more other rear lamps. (2) A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear. (b) Every stop lamp shall be plainly visible and understandable from a distance of one hundred (100) feet to the rear both during normal sunlight and at nighttime and every signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred (100) feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good work- ing condition. No stop lamp or signal lamp shal I project a glaring or dazzling I ight. (c) All mechanical signal devices shall be self -illuminated when in use at the times mentioned in Section 27-1801. (d) On and after December 1, 1959, every new motor vehicle sold within this city shall be equipped with a flashing light signal device capable of clearly indicating any intention to turn, either to the right or to the left, and which shall be visible both from the front and the rear. (R. O. 19481 24-1810; G. S. 1959 Supp. 8-590) 27-1815.1 Additional Lighting Equipment (a) Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shal I emit an amber or white I ight without glare. (b) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof, which shall emit a white or amber light without glare. (c) Any motor vehicle may be equipped with not more than two (2) backup lamps, either separately or in combination with other lamps; except that any such backup lamp need not be con- tinuously lighted when the motor vehicle is in forward motion. (d) Any commercial vehicle eighty (80) inches or more in overall width may be equipped with not more than three (3) identification lamps showing to the front which shall emit an amber light without glare, and not more than three (3) identification lamps showing to the rear which shat l emit a red light without glare. Such lamps shall be pladedl in a row, and may be mounted either horizontally or vertically. (R. O. 1948, 24-1811; G. S. 1959 Supp. 8-591) C0143ALIDATED-SALIVA 1 1 27-1816. Multiple -Beam Road -Lighting Equipment. Except as hereinafter provided, the head lamps, or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof, on motor vehicles other than motorcycles or motor -driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps, may, in addition, be so arranged that such selection can be made automatically subject to the following limitations: (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles :at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading. (b) There shal I be a lowermost distribution of I ight, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shal I be directed to strike the eyes of an approaching driver. (c) Every new motor vehicle, other than a motorcycle or motor -driven cycle, registered in this state after January 1, 1956, which has multiple -beam road -lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (R. O. 1948, 24-1812; G. S. 1959 Supp. 8-592) 27-1817. Use of Multiple -Beam Road -Lighting Equipment. (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 8-581 of the General Statutes of 1949, Section 27-1801 of this chapter, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following require- ments and limitations. (b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or com- posite beam, specified in paragraph (b) of Section 8-592 of the General Statutes of 1949 as amended, Section 27-1812 of this chapter, shall be deemed to avoid glare at all times, regardless of road contour and loading. CONSOLIDATED-SALINA 1 1 (c) Whenever the driver of a vehicle follows another vehicle within two hundred (200) feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in paragraph (a) of Section 8-592 of the General Statutes of 1949 as amended, Section 27-1812 of this chapter. (R. O. 1948, 24-1813; G. S. 1959 Supp. 8-593) 27-1818. Alternate Road -Lighting Equipment. Any motor vehicle may be operated under the conditions specified in Section 27-1801 when equipped with two (2) lighted lamps upon the front thereof capable of revealing persons and objects seventy-five (75) feet ahead in I ieu of lamps required in Section 27-1812: hided, That at no time shall it be operated at a speed in excess of twenty (20) miles per hour. (R. O. 1948, 24-1814; G. S. 8-595) 27-1819. Number of Driving Lamps Required or Permitted. (a) At all times specified in Section 27-1801 at least two (2) lighted lamps shall be displayed, one on each side at the front of every motor vehicle except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (b) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. (R. O. 1948, 24-1815; G. S. 8-596) 27-1820. Special Restrictionsonlampa.. (a) Any lighted lamps, or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps which project a beam of '.light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. (b) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front thereof. This section shall not apply to any vehicles upon which a red light visible from the front is expressly authorized or required by this chapter, and any such emergency vehicle may be operated either with two (2) alternating flashing lights or a flashing dome light. (c) Flashing light; are prohibited on motor vehicles, except an as authorized emergency vehicle, school bus, snow -removal equipment and maintenance equipment, or on any vehicle as a means of CONSOLIDATED-SALINA 1 indicating a right or left turn or the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing. Such authorized emergency vehicles shall use a red and all other flashing lights, flashing light . ;.except those indicating a right or left turn, shall be amber lights. (R. O. 1948, 24-1816; G. S. 1959 Supp. 8-597) 27-1821. Selling or Using Lamps or Devices. (a) No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer or use upon any such vehicle any head lamp, auxiliary or fog lamps, rear lamp, signal lamp or reflector, which reflector is required hereunder, or parts of any of the foregoing, which tend to change the original design or performance, unless of a type which has been submitted to the Commission and approved by it. (b) No person shall have for sale, sell or offer for sale for use upon or as a part of the equip- ment of a motor vehicle, trailer or semitrailer any lamp or device mentioned in this section which has been approved by the Commission unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed. (c) No person shall use upon any motor vehicle, trailer or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted and aimed in accordance with instructions of the Commission. (R. O. 19481 24-1817; G. S. 1959 Supp. 8-598) Article 19 Equipment 27-1901. Brakes 27,-1902. Horns and Warning Devices 27-1903. Mufflers Requirements - 27 -1904. M irrors 27-1905. Windshields Must be Unobstructed and Equipped with Wipers 27-1906. Restrictions as to Tire Equipment 27-1901. Brakes. (a) Brake Equip nest Requjrgd. (1) Every motor vehicle or com- bination of vehicles other than a motorcycle, when operated upon a highway, shall be equipped with brakes and adequate to control the movement of and to stop and hold such vehicle or com- bination of vehicles, including two separate means of applying the brakes, each of which means CONSOLIDATED-SALINA �J 1 shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure to any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (2) Every motorcycle, bicycle and bicycle with motor attached, when operated upon a highway shal I be equipped with at least one brake, which may be operated by hand or foot. (b) Performance Ability of Brakes. (1) The service brakes upon any motor vehicle or com- bination of vehicles shall be adequate to stop such vehicle or vehicles when traveling twenty (20) miles per hour within a distance of thirty (30) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one per cent (1%). (2) Under the above conditions the hand brake shall be adequate to stop such vehicle or vehicles within a distance of fifty-five (55) feet and said hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. (3) Under the above conditions the service brakes upon a motor vehicle equipped with two -wheel brakes only, and when permitted hereunder, shall be adequate to stop the vehicle within a distance of forty (40) feet and the hand brake adequate to stop the vehicle within a distance of fifty-five (55) feet. (4) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this chapter. (5) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite side of vehicles. (R. O. 24-1901; G. S. 8-5,101) 27-1902. horns and Warning Devices. (a); . Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn, but shall not otherwise use such horn when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren or bell, except as otherwise permitted in this section. CONSOLIDATED-SALINA 1 'J 1 (c) Any authorized emergency vehicle shall, in addition to any other equipment and dis- tinctive marking required by this chapter, be equipped with a siren, whistle, or bell, capable of emitting sound, audible under normal conditions from a distance of not less than five hundred (500) feet and of a type.:approved by the Department, but such siren shall not be used except when such vehicle is operated in response to but not returning from an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians and other drivers of the approach thereof. (R. O. 1948, 24-1902; G. S. 1959 Supp. 8-5,102) 27-1903. Muffler Requirements. (a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (R. O. 1948, 24-1903; G. S. 1959 Supp. 8-5,103) 1 27-1904. Mirrors" Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shal I be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle. (R. O. 19481 24-1904; G. S. 8-5,104) 27-1905. WindshieIds 'Must be Unobstructed and Equipped with Wipers. (a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be so displayed by law. (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (R. O. 1948, 24-1905; G. S. 8-5,105) 27-1906. Restrictions as to Tire Equipment. (a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flanges of the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway. CONSOLIDATED-SALINA 1 1 1 (c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread ,of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid. (d) The Board of Commissioners may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway could otherwise be prohibited under this chapter. (R. 0. 19481 24-1906; G. S. 8-5,106) Article 20. Explosives 27-2001. Vehicles Transporting Explosives 27-2001. Vehicles Transporting Explosives. Any person operating any vehicle trans- porting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section: (a) Said vehicle shall be marked or placarded on each side and the rear with the words "explosives" in letters not less than eight (8) inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four (24) inches square marked with the word "danger" in white letters six (6) inches high. (b) Every said vehicle shall be equipped with not less than two (2) fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. (R. 0. 1948, 24-2001; G. S. 8-5,109) Article 21. Weights, Widths, Height$. and Loads 27-2101. Size, Weight and Load 27-2102. Width of Vehicles 27-2103. Projecting Loads on Passenger Vehicles 27-2104. Height and Length of Vehicles CONSOLIDATED-SALINA E 1 1 27-2105. Spilling Loads on Highways Prohibited 27-2106. Trailers and Towed Vehicles; Drawbar Connections and Safety Hitch 27-2107. Wheel and Axle Loads 27-2108. Gross Weight of Loads 27-2109. Officers May WeighVehicles and Require Removal of Excess Loads 27-2101. Size, Weight and Load. (a) It shall be unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this article or otherwise in violation of this article, and the maximum size and weight of vehicles herein specified shall be lawful throughout the city. (b) Every person convicted of a violation of the provisions of this�wt shall, for the first conviction thereof, be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment; and for each subsequent conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment of not more than six (6) months, or by both such fine and imprisonment. (c) The provisions of this section governing size, weight and load shall not apply to fire apparatus, road machinery, or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a special permit issued as herein provided. (R. O. 1948, 24-2101; G. S. 8-5,113) 27-2102. Width of Vehicles. (a) The total outside width of any vehicle or the load thereon shall not exceed eight (8) feet except as otherwise provided in this section. (b) The total outside width of a farm tractor shall not exceed ten (10) feet. (c) Whenever pneumatic tires, in substitution of the same type or other types of tires, have been heretofore or are hereafter placed upon a vehicle in operation upon the effective date of this chapter, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight (8) feet six (6) inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed eight (8) feet. (d) The total outside width of the body of a bus used in local urban transit dperations shall not exceed eight (8) feet six (6) inches. (R. O. 1948, 24-2102; G. S. Supp. 8-5,114) CONSOLIDATED -SALIVA 1 1 27-2103. Projecting Loads on Passenger Vehicles. No passenger type vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side thereof. (R. O. 1948, 24-2103; G. S. 8-5,115) 27-2104. Height and Length of Vehicles (a) No vehicle unladen or with load shall exceed a height of thirteen (13) feet six (6) inches. (b) No motor vehicle or single truck shall exceed a length of thirty-five (35) feet extreme overall dimensions, inclusive of front and rear bumpers except no single bus shall have an overall length, inclusive of front and rear bumpers, in excess of forty (40) feet: Prov That a bus in excess of thirty-five (35) feet in overall length shall have no less than three (3) axles, except when used in local urban transit operations. (c) No combination of truck -tractor and semitrailer shall have an overall length, inclusive of front and rear bumpers, in excess of fifty (50) feet. (d) No combination of vehicles coupled together shall consist of more than two (2) units and no such combination of vehicles shall exceed a total length of fifty (50) feet, except vehicles operating in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, and vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in Section 8-5,122 of the General Statutes Supplement of 1959 or any amendments thereto but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load. (e) The load upon any vehicle operated alone, or the load upon the front vehicle of a com- bination of vehicles, shall not extend more than three (3) feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is ;equipped with such a bumper. (R. O. 1948, 24-2104; G. S. 1959 Supp. 8-5,116) 27-2105. Spilling Loads on Highways Prohibited. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (R. O. 1948, 24-2105; G. S. 8-5,117) CONSOLIDATED-SALINA 1 7- L J 27-2106. Trailers and Towed Vehicles; Drawbar`.` Connections and Safety Hitch. (a) When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull,. stop or hold all weight towed thereby, and said drawbar or other connection shat l not exceed fifteen (15) feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature, which cannot readily be dismembered. (b) In addition to the drawbar connections between any two such vehicles there shall be pro- vided an adequate safety hitch. (c) When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve (12) inches square. (R. O. 1948, 24-2106; G. S. 8-5,118) 27-2107. Wheel and Axle Loads. (a) The gross weight upon any wheel of a vehicle shall not exceed the following: (1) When the wheel is equipped with a high pressure pneumatic, solid rubber or cushion tire, eight thousand (8,000) pounds. (2) When the wheel is equipped with a low pressure pneumatic tire, nine thousand (9,000) pounds. (b) The gross weight upon any one axle of a vehicle shall not exceed the following: (1) When the wheels attached to said axle are equipped with high pressure pneumatic, solid rubber or cushion tires, sixteen thousand (16,000) pounds. (2) When the wheels attached to said axle are equipped with low pressure pneumatic tires, eighteen thousand (18,000) pounds. (c) For the purposes of this section, an axle load shall be defined as the total load on all wheels whose centers are included within two parallel transverse vertical planes not more than forty (40) inches apart, and further, that any axle placed within seven (7) feet of any adjacent axles shall l at all times carry its proportionate part of the load permitted on such pair of axles. (d) For the purposes of this section, every pneumatic tire designed for use and used when inflated with air,:. to less than one hundred (100) pounds pressure shall be deemed a low pressure pneumatic tire, and every pneumatic tire inflated to one hundred (100) pounds pressure or more shall be deemed a high G. S. pressure pneumatic tire. (R. O. 1948, 24-2107;/1959 Supp. 8-5,119) 27-2108. Gross Weight of Loads. No vehicle or combination of vehicles shall be moved or operated on any highway or bridge when the gross weight thereof exceeds the limits specified in Section 8-5,120 of the General Statutes of 1949. (R. O. 1948, 24-2108) CONSOLIDATED-SALINA 1 27-2109. Officers May Weigh Vehicles and Require Removal of Excess Loads (a) Any police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales, and may require that such vehicle be driven to the nearest scale in the event such scales are within five (5) miles. (b) Whenever an officer upon weighing, a vehicle and load, as above provided, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this chapter. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. (c) Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer upon a weighing of the vehicle, to stop the vehicle and otherwise comply with the provisions of this section, shall be guilty of a violation. (R. O. 1948, 24-2109; G. S. 1959 Supp. 8-5,121) Article 22, Penalties 27-2201. Penalties 27-2202. Parties to Offense 27-2203. Offenses by Persons Owning or Controlling Vehicles 27-2204. Conviction to be Reported to Department; Public Inspection 2:7-2201. Penalties. (a) It is unlawful for any person to violate any of the provisions of any section of Articles 1 to 21, both inclusive, of this chapter in this code. (b) Every person convicted of a violation of any provision of Articles 1 to 21, inclusive, of this chapter for which another penalty is not provided shall, for first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100) or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than Two Hundred Dollars ($200) or by imprisonment of not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year C.ONSOL IDATED-SALINA 1 1 after the first conviction, such person shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (R. O. 19481 24-2201; G. S. 8-507) 27-2202. Parties to Offense. Every person who commits, attempts to committ, conspires to commit or aids or abets in the commission of any act declared herein to be unlawful, whether individually or in connection with one, or mons other persons or as principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or w;ilful;l-y induces, causes, coerces, requires, permits or directs another to violate any provision of Articles 1 to 21, inclusive, of this chapter, is likewise guilty of such offense. (R. O. 1948, 24-2202; G. S. 8-5,126) 27-2203. Offenses by Persons Owning or Controlling Vehicles It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle, to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law. (R. O. 1948, 24-2203; G. S. 8-5,127) 27-2204. Convictions to be Reported to Department; Public Inspection. (a) The judge of the Police Court shal I keep a Ful I record of every case in which a person is charged with any violation of this a and other ordinances of the city regulating traffic. (b) Within ten (10) days after the conviction of forfeiture of bail of a person upon a charge of violating any provision of this chapter or other ordinances regulating the operation of vehicles on the city highways, said judge of the Police Court shall prepare and immediately forward to the Depart- ment, an abstract of the record of said court covering the case in which said person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. (c) Said abstract must be made upon a form furnished by the Department and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited and the amount of the fine or forfeiture as the case may be. (d) The failure, refusal or neglect of the Police Judge to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal therefrom. (e) The Department shal I keep al I abstracts received hereunder at its main office and the same shall be open to public inspection during reasonable business hours. (R. O. 19481 24-2204; G. S. 8-5,131) CONSOLIDATED -SALIVA 1 1 1 Article 23. Parking Meters i 27-2301. Vehicle Defined 27-2302. Parking Meter Defined 27-2303. Parking Meter Zone Defined 27-2304. Parking Meter Zones 27-2305. Parking Limits in Municipal Parking Lots 27-2306. Meters Installed 27-2307. City Manager's Duties 27-2308. Meters: Where Placed 27-2309. Stalls Designated 27-2310. Parallel Parking 27-2311. Duty of Parker 27-2312. Unlawful to Overpark 27-2313. Permitting Vehicle to be Parked Overtime 27-2314. Mutilating Meters 27-2315. Depositing Slugs 27-2316. Duty of Police 27-2317. Penalty 27-2318. Reason for Charge 27-2319. Supplemental 27-2320. Saving Clause 27-2301. Vehicle Defined. The word "vehicle," as used herein, shall mean any device by which any person or property may be transported upon a public highway, except those operated upon rails or permanent tracks. (R. O. 1948, 24-2301) 27-2302. Parking Meter Defined. The term "parking meter," as used herein, shall mean a mechanical device located upon a municipal andpublic parking lot, a public street or sidewalk in a place regularly designated as parking zone as hereinafter defined, which device shall record a certain number of minutes by the use of a clock mechanism determining the period of time for which parking privileges may be extended on the person depositing a coin therein. (Ord. 5812, Sec. 1, 11-12-53) CONSOLIDATED-SALINA 1 1 27-2303. Parking Meter Zone Defined. A "parking meter zone," as used herein,shall be deemed to represent a certain designated and marked off section of a municipal and public parking lot or a certain designated and marked off section of a public street within the marked and designated boundaries where the vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter there situated may indicate. Such parking meter zones shall be designated by a parking meter which shall be located upon the sidewalk, bumper curb, off island or other place adjacent to the designated and,marked/parking spaces. (Ord. 5812, Sec, I 2, 11-12-53) 27-2304. Parking Meter Zones. Parking meter zones are hereby designated and created on the following municipal and public parking lots and streets in the City of Salina: On both sides of Santa Fe Avenue from Mulberry Street to Elm Street; On both side of Seventh Street from Walnut Street to Ash Street; On both sides of Iron Avenue from Fifth Street to a certain north and south public alley, extended south, lying between Seventh and Eighth Streets, and connecting Iron Avenue and Ash Streets, and the north side of Iron Avenue from said certain alley to a point fifty (50) feet east of the east curbing of Eighth Street; On both sides of Fifth Street from Ash Street to Walnut Street; On both sides of Walnut Street from Fifth Street to Seventh Street; On both sides of Ash Street from Fifth Street to Seventh Street; On Eighth Street from the north line of Walnut Street to the south line of Ash Street; On the west side of Eighth Streetfor a distance of four hundred (400) feet from the south line of Iron Avenue; On the east side of Eighth Street beginning at a point on the south line of that certain east and west driveway immediately south of Lot 115 on Eighth Street in the Original Town of Salina, thence south a distance of one hundred ninety (190) feet to the south side of Lot 123 on Eighth Street in the Original Town of Salina; On both sides of Iron Avenue between Fifth Street and Fourth Street and between Eighth Street and Ninth Street; On the east side of North Seventh Street from the north side of Ash Street to a point one hundred j seventy-one (171) feet north of the north side of Ash Street; CONSOLIDATED-SALINA 1 1 Lots 81, 83, 85, 87 and the north half of Lot 89 on Fifth Street in the Original Town of Salina, which property is hereby declared to be municipal parking lot No. l . (Ord. 5812, Sec. 3, 11-12-53, Ord. 5893, Sec. 1, 9-17-54, Ord. 5828, Sec. 1, 1-15-54, Ord. 6007, 11-4-55) 27-2305. Parking Limits in Municipal Parking Lot No vehicle shall be parked within municipal parking lot No. 1 or any other municipal parking lot hereafter acquired or developed if the said vehicle shall be of an overall length in excess of twenty (20) feet, and all vehicles parked in a prescribed and indicated area in any of the above parking meter zones shall be parked so that the right or left front wheel of the vehicle is resting against the curb. (Ord. 5812, Sec. 4, 11-12-53) 27-2306. Meters Installed. The City Manager shall cause meters to be installed in said parking meter zones and shall cause parking meter spaces to be designated as hereinafter pro- vided, and shat I f ix the time I imitations for legal parking in such zones, and the hours during the day and night when the parking meter or meters must be used and when the time limitations shall be effective, in compliance with the provisions of this article, and shall indicate the time I imitations by designating the same on the parking meter or meters or by appropriate signs posted in proximity to said meter or meters in said zones. (R. O. 1948, 24-2305) 27-2307. Citi Manager's Duties. The City Manager is hereby directed to provide for the purchase, leasing, acquiring, installation, operation, maintenance, supervision, regulation and use of the parking meters provided for in this article and to maintain the said meters in good workable condition and the City Manager is hereby vested with power and authority to enter into a contract for a six (6) months trial period, after approval of the terms and conditions thereof by the Board of Commissioners of the city for the leasing and installation of parking meters, the payment for such meters and/or installation to be provided for solely from the receipts, funds and revenues obtained from the operation of said parking meters without in any manner obligating the city to pay for the same from any other source. The City Manager is further authorized and empowered to enter into a contract, after approval of the terms and conditions thereof by the Board of Commissioners of the city, for such p-rctection and maintenance of said parking meters as may be necessary to maintain the same in good operating condition and to pay for such parts, protection and maintenance of said parking meters exclusively from the receipts, funds and revenues received from the operation of said parking meters. (R. O. 1948, 24-2306) CONSOLIDATED-SALINA u u 27-2308. Meters: Where Placed. The parking meters installed in the parking meter zones established as provided in Section 27-2304 hereof shall be placed upon the curb immediately adjacent to the individual parking places hereinafter described. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and when operated shall indicate on and by its dial and pointer the duration of the period of legal parking, and on the expiration of such period, shall indicate illegal or overparking. (R. O. 1948, 24-2307) 27-2309. Stalls Designated. The City Manager shall have markings painted or placed upon the curb and/or upon the street adjacent to each parking meter for the purpose of designating the parking space for which said meter is to be used and each vehicle parking adjacent or next to any parking meter shall park within the lines or markings so established. It shall be unlawful and a violation of this article to park any vehicle across any such line or marking or to park said vehicle in such position that the same shal I not be entirely within the area so :designated by such I ines or markings. (R. O. 1948, 24-2308) 27-2310. Parallel Parking. When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of such vehicle nearest to such meter. (R. O. 1948, 24-2309) 27-2311. Duty of Parker. When any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provisions of this article, the operator of said vehicle shall, upon entering the said parking space, immediately deposit or cause to be deposited a coin of the United States, in such parking meter, of a denomination or denominations indicated on each of said meters, and put such meter in operation, and failure to deposit such coin or coins and put the meter in operation shall constitute a breach of this article and shall subject such person to the penalty prescribed in Section 27-2317 hereof. Upon the deposit of such coin or coins and placing said meter in operation, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street in which said parking space is located. If said vehicle shall remain parked in any such parking space beyond the parking time limit fixed for such parking space, the parking meter shall by its dial and pointer indicate such illegal parking, and in that event, such vehicle shall be considered as parked overtime and beyond the period of legal parking time and the parking of a vehicle overtime or beyond the period of legal parking time shall be a violation of this article and punished as hereafter set out. (R. O. 1948, 24-2310) CONSOLIDATED-SALINA i 27-2312. Unlawful to Overpark. It shall be unlawful and a violation of the provisions of this article for any person to cause, al low, permit, or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described. (R. O. 1948, 24-2311) 27-2313. Permitting Vehicle to be Parked Overtime. It shall be unlawful and a violation of the provisions of this article for any person to permit a vehicle to remain °or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already parked beyond the period of time prescribed for such parking space. (R. O. 1948, 24-2312) 27-2314. Mutilating Meters. It shal I be unlawful and a violation of the provisions of this article for any person to deface, injure, tamper with, open or willfully break, destroy . or impair the usefulness of any parking meter installed under the provisions of this article. (R. O. 1948, 24-2313) 27-2315. Depositing 2 -ug -s. It shall be unlawful and a violation of the provisions of this article to deposit or cause to be deposited in any parking meter, any slug, device or metallic sub- stance, or any other substitute for a coin of the United States. (R. O. 1948, 24-2314) 27-2316. Duty of Police. It shall be the duty of police officers of the city, acting in jaccordance with instructions issued by the City Manager to report: (a) The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this article. (b) The state license number of such vehicle. (c) The time during which such vehicle is parking in violation of any of the provisions of this article. (d) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. Each such police officer shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this article and instructing such owner or operator to report at the police station in regard to such violation. Each such owner or operator, may, within twenty-four (24) hours of the time when such notice was attached to such vehicle, pay to the desk sergeant at the police station as a penalty for and in full satisfaction of such violation, the sum of One Dollar ($1), the failure of such owner or operator to make such payment within said twenty- four (24) hours, shat l render sucht. owner or operator subject to the penalties hereinafter provided, for violation of the provisions of this article. (R. O. 1948, 24-2315) CONSOLIDATED-SALINA 1 1 27-2317. Penalty. Any person who shal I violate any of the provisions of this article and any person who aids, abets or assists therein, shall, upon conviction thereof, be subject to a fine of not exceeding Fifty Dollars ($50) for each offense or violation or be imprisoned for not exceeding fifteen (15) days. (R. O. 1948, 24-2316) 27-2318. Reason for Charge. The coin or coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets, improvement of traffic facilities, and the cost of supervision and regulating the parking of vehicles in the parking meter zones created hereby, and to cover the cost of the purchasing, leasing, acquiring, installation, operation, maintenance, super- vision, regulation and control of the parking meters described herein. (R. O. 1948, 24-2317) 27-2319. Supplemental . This article shall be deemed to be in addition and supplementary to, and not in conflict with nor a repeal of prior or existing ordinance of the city, but shall be an additional provision for the regulation of traffic and parking in those zones provided for herein. (R. O. 1948, 24-2318) 27-2320. Saving Clause. If a section, part of section, sentence, clause or phrase of this article shall be held unconstitutional or invalid, the remaining provisions hereof shall nevertheless remain in full force and effect. (R. O. 1948, 24-2319) C CY SOL.IDATED-SALINA 1 1 1 CHAPTER XXVIII. TREES Article I. Trees f i i Article 1 . Trees 28-101. Trimming Required 23-102. Dead Trees 23-103. Notice 28-104. Violation; Penalty 28-105. Public Nuisance; How . Abated Ref.: House Moving, Sec. -26- //0 - Mutilating, Sec. , �- �� -2~ Utility Companies to Trim, Sec. �'/ //1, 28-101. Trimming Required. The owners, occupants or persons in charge of real estate in the City of Salina abutting upon public streets and avenues in said city be and they are hereby required to cause all trees growing and situated in front of such real estate, but within the boundary line of the streets or avenues and within the curb line thereof, and all trees or branches or limbs thereof growing or situated on any such real estate, which overhang any such street or avenue, to be properly trimmed in such a manner as not to interfere with public travel upon the streets and sidewalks in front or abutting upon any such property, and such trimming shall be done in a proper and scientific manner by a person familiar with the proper manner of doing such work, so as not to injure or destroy such trees. Any trees or limbs, projecting beyond the back of the curb line or the usual location thereof at a point less than twelve (12) feet above the street level, are hereby declared to be hazardous and to interfere with the use of said streets and avenues. Any trees or limbs projecting over any sidewalk or usually traveled pedestrian way, at a point less than eight (8) feet above the level of any thereof, are hereby declared to be hazardous and to interfere with the use of sidewalks and usually traveled pedestrian way. (Ord. 5669, Sec. 1, 7-7-52) 28-102. Dead Trees. The owners, occupants or persons in charge of real estate abutting upon any public street or avenue in the City of Salina be and they are hereby required to remove or cause to be removed all dead trees or all dead limbs or branches on any trees, situated or growing in front of such real estate but within the boundary line of any such street or avenue and within the CONSOLIDATED-SALINA 1 1 1 curb I ine thereof, or any dead tree or any dead I imb or branch of any tree situated or growing upon any such real estate, but overhanging any such street or avenue (or sufficiently near thereto to become dangerous to the public traveling thereon or on any sidewalk) which said dead trees or dead Iimbs or branches thereof are or may become dangerous and a menace to public travel upon the streets and sidewalks in front of or abutting upon any such property. (R. O. 1948, 26-102) 28-103. Notice. The Superintendent of Streets be and he is hereby authorized and directed, whenever in his opinion it becomes necessary, to notify in writing the owner of any such real estate to cause the trimming of any trees as required by Section 28-101 of this article, or to cause the removal of any dead trees or dead limbs or branches of any trees as required by Section 23-102 of this article, whenever in his opinion the same may be necessary, or if such owner cannot be found in '.the City of Salina, then to notify the occupant, agent or person in charge of said property in the same manner, and if within five (5) days from the date of the service of any such notice, such owner or such occupant, agent or person in charge of such property, shall fail to comply with the provisions of such notice, such person shall be deemed guilty of a violation of this article, and the Superintendent of Streets shall cause a complaint to be filed in the Police Court of said city and such owner, or occupant, or person in charge of said property shall be prosecuted for the violation of the provisions of this article, but failure to serve such notice shall not relieve any person from complying with the provisions of Sections 28-101 and 28-102 of this article, and any violator thereof shall be punished as herein provided, whether such notice be served or not. (R. O. 1948, 26-103) 28-104. Violation; Penalty. Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than Five Dollars ($5) nor more than Twenty-five Dollars ($25) for each offense, and for each day upon which any condition by this article prohibited is permitted to continue, after the time fixed in any notice given by the Superintendent of Streets, a separate offense shall be deemed to be committed. (R. O. 1948, 26-104) 23-105. Public Nuisance; How Abated. In addition to the other provisions of this article, any tree which is not trimmed in accordance with the provisions hereof, or any dead tree or dead branch or I imb of any tree which is not removed . in accordance with the provisions hereof, or any other dead tree or dead branch or I imb of any tree situated on any premises in the City of Salina, which is or may become in danger of falling and injuring any person or property in said city, is hereby declared a public nuisance, and if any such tree be not properly trimmed, or any such dead CONSOLIDATED-SALINA 1 1 tree or dead branch or limb of any tree be not removed, within the time fixed in any notice given to the owner, occupant, agent or person in charge of any such premises by the Superintendent of Streets, as herein provided or otherwise, the nuisance so existing shall be abated as other nuisances are abated according to law, and upon a finding by the Police Judge in a proper action brought for such purpose that such nuisance exists, such nuisance shall, if not abated and removed by the owner, occupant, agent or person in charge of such premises within the time (not to exceed five (5) days) to be fixed by the Police Judge, be abated and removed by the Superintendent of Streets and the cost thereof reported by him to the City Clerk, and assessed against the lot or piece of land upon which the same exists, or abutting the street or avenue upon which the same exists, and certified by the City Clerk to the County Clerk and collected as other taxes are collected: Pro That nothing in this article shall be deemed to impair the right of the city to trim, protect or otherwise care for trees upon all public streets, avenues, boulevards, parks and other public grounds, and the Superintendent of Streets, or Superintendent of Parks or either of them are hereby authorized and directed, whenever it may be necessary, to perform or to cause to be performed any such work. (R. O. 1948, 26-105) CONSOLDDA?ED-SALIVA rl 1 CHAPTER XXIX. WARDS AND PRECINCTS Article 1 . Wards and Precincts Article 1 . Wards and Precincts 29-101 . C ity D ivided into Wards and Precincts 29-102. First Ward 29-103. First Ward, First Precinct 29-104. First Ward, Second Precinct 29-105. First Ward, Third Precinct 29-106. Second Ward 29-107. Second Ward, First Precinct 29-108. Second Ward, Second Precinct 29-109. Second Ward, Third Precinct 29-110. Second Ward, Fourth Precinct 22-111. Third Ward 29-112. Third Ward, First Precinct 29-113. Third Ward, Second Precinct 29-114. Third Ward, Third Precinct 29-115. Third Ward, Fourth Precinct 2�'-116. Fourth Ward 29-117. Fourth Ward, First Precinct 29-118. Fourth Ward, Second Precinct 29-119. Fourth Ward, Third Precinct 29-120. Fifth Ward 29-121. Fifth Ward, First Precinct 29-122. Fifth Ward, Second Precinct 29-123. Fifth Ward, Third Precinct 29-124. Fifth Ward, Fourth Precinct 29-125. Fifth Ward, Fifth Precinct 29-126. Fifth Ward, Sixth Precinct 29-127. Fifth Ward, Seventh Precinct CI ON S JIA DATED -S ALINA 1 29-128. Fifth Ward, Eighth Precinct 29-129. Fifth Ward, Ninth Precinct 29-130. Fifth Ward, Tenth Precinct 29-131. Fifth Ward, Eleventh Precinct 29-132. Fifth Ward, Twelfth Precinct 29-133. Territory Outside City Limits Attached for School Purposes; Resident; Voting 29-134. Additional Territory NOTE: G. S. 13-2051 13-2061 13-303. 29-101. City Divided into Wards and Precincts. The City of Salina be and the same is hereby divided into five (5) wards to be known and numbered as the First, Second, Third, Fourth and Fifth Wards, each of which shall be divided into the number of voting precincts as hereinafter provided. (Ord. 5819, Sec. 1, 11-16-53) 29-102. First Ward. All of that part of the City of Salina lying north of Iron Avenue and east of Santa Fe Avenue. (Ord. 5819, Sec. 1, 11-16-53) 29-103. First Ward First Precinct. The First Precinct of the First Ward shall include all of that part of the First Ward as herein defined which lies within the following described boundaries, to wit: Commencing at the intersection of Iron Avenue and Santa Fe Avenue; thence east on Iron Avenue to Smoky Hill River; thence down the center of Smoky Hill River to east city limits; thence north and westerly along the city I imits to Fifth Street; thence south on Fifth Street to Otis Avenue; thence west on Otis Avenue to Santa Fe Avenue; thence south on Santa Fe Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-104. First Ward, Second Precinct, The Second Precinct of the First Ward shall include al I of that part of the First Ward as herein def ined which I ies within the fol lowing described boundaries, to wit: Cummencing at the Smoky Hill River and Iron Avenue; thence down the center line of the Smoky Hill River to Columbia Avenue extended north; thence south in Columbia Avenue to Johnstown Avenue; thence west in Johnstown Avenue one hundred seventy-five (175) feet from west line of Columbia Avenue; thence south with a line parallel to Columbia Avenue to Iron Avenue; thence west in Iron Avenue to the place of beginning. (Ord. 5819, Sec. 1, 11-16-53) CONSOLIDATED-SALINA 1 11 29-105. First Ward, Third Precinct. The Third Precinct of the First Ward shall include all of that part of the First Ward as herein defined which lies within the following described boundaries, to wit: Commencing at a point on Iron Avenue one hundred seventy-five (175) feet west of the west line of Columbia Avenue; thence north with a line parallel to Columbia Avenue to Johnstown Avenue; thence east one hundred seventy-five (175) feet to Columbia Avenue; thence north in Columbia Avenue to the center line of Smoky Hill River; thence down the center line of the Smoky Hill River to its intersection of the city limits; thence following said city limits to Marymount Road; thence south on Marymount Road to Iron Avenue; thence west on Iron Avenue to the place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-106. Second Ward. All of that portion of the City of Salina lying west of Santa Fe Avenue and north of Iron Avenue, extended to west city limits, shall constitute the Second Ward. (Ord. 5819, Sec. 1, 11-16-53) 29-107. Second Ward, First Precinct. The First Precinct of the Second Ward shall include al I of that part of the Second Ward as herein def ined which I ies within the fol lowing described boundaries, to wit: Commencing at Grand Avenue and Santa Fe Avenue; thence north in Santa Fe Avenue to Otis Avenue; thence in Otis Avenue to Fifth Street; thence north in Fifth Street to city I imits; thence along north and west city I imits to Grand Avenue; thence east on Grand Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 2c/_108. Second Ward, Second Precinct. The Second Precinct of the Second Ward shall include all of that part of the Second Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Elm Street and Santa Fe Avenue; thence north on Santa Fe Avenue to Grand Avenue; thence west on Grand Avenue to west city limits; thence south along west city limits to Elm Street; thence east on Elm Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-109. Second Ward, Third Precinct. The Third Precinct of the Second Ward shall include all of that part of the Second Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Iron Avenue and Eleventh Street; thence north in Eleventh Street to State Street; thence west on State Street to Twelfth Street; thence north on Twelfth Street to Elm CONSOLIDATED-SALINA 1 i Street; thence west on Elm Street to west city I imits; thence south along west city I imits to Marietta Street; thence east in Marietta Street to Iron Avenue; thence east in Iron Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 21�-110. Second Ward, Fourth Precinct, The Fourth Precinct of the Second Ward shall include all of that part of the Second Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Iron Avenue and Santa Fe Avenue; thence north in Santa Fe Avenue to Elm Street; thence west in Elm Street to Twelfth Street; thence south in Twelfth Street to State Street; tiience east in State Street to Eleventh Street; thence in Eleventh Street to Iron Avenue; thence east on Iron Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-111 . Third Ward. Al I of that part of the City of Sal ina which I ies west of Santa Fe Avenue between Iron Avenue (and the center line of Iron Avenue extended west through the replat part of University Addition) and Marietta Avenue, on the north, and Prescott Avenue on the south, and the west city limits on the west shall constitute the Third Ward. (Ord. 5819, Sec. 1, 11-16-53) 29-112. Third Ward, First Precinct. The First Precinct of the Third Ward shall include al I of that part of the Third Ward as herein def ined which I ies within the fol lowing described boundaries, to wit: Commencing at Iron Avenue and Twelfth Street; thence south in Twelfth Street to the north property line of Lot 54, Phillips Second Addition; thence west along said lot line to Baker Street; thence north in Baker Street to a point seventy-two (72) feet south to the south line of Cedar Street to the intersection of said line of Phillips Street; thence south in Phillips :Street to Spruce Street; thence west in Spruce Street to city I imits; thence north in west city I imits to Marietta Street; thence east in Marietta Street to Iron Avenue; thence east in Iron Avenue to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-113. Third Wards Second Precinct, The Second Precinct of the Third Ward shall include al I of that part of the Third Ward as herein def ined which I ies within the fol lowing described boundaries, to wit: Commencing at Twelfth Street and Iron Avenue; thence east in Iron Avenue to Santa Fe ,Avenue; thence south in Santa Fe to South Street; thence west in South Street to Twelfth Street; thence north in Twelfth Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) CONSOLIDATED-SALINA 1 J 1 29-114. Third Ward, Third Precinct. The Third Precinct of the Third Ward shall include all of that part of the Third Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Eleventh Street and South Street; thence west in South Street to Twelfth Street; thence north on Twelfth Street to the north property line of Lot 54, Phillips Second Addition; thence west along said lot line to Baker Street; thence north on Baker Street to a point seventy-two (72) feet south of the south line of Cedar Street; thence west along a line parallel with the seventy- two (72) feet south of the south line of Cedar Street to the intersection of said line of Phillips Street; thence south on Phillips Street to Spruce Street; thence west in Spruce Street to city limits; thence south along the west city limits to Prescott Avenue; thence east in Prescott Avenue to Eleventh Street; thence north in Eleventh Street to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-115. Third Ward, Fourth Precinct. The Fourth Precinct of the Third Ward shall include all of that part of the Third Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Eleventh Street and South Street; thence east in South Street to Santa Fe .venue;•• thence south in Santa Fe Avenue to Prescott Avenue; thence west in Prescott Avenue to Eleventh Street; thence north in Eleventh Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-116. Fourth Ward, Al I of that part of the C ity of Sal ina which I ies east of Santa Fe Avenue between Iron Avenue and Prescott Avenue and east of Marymount Road and south of the Country C I ub sha I I constitute the Fourth Ward . (Ord . 5819, Sec. 1, 1 1-16-53) 29-117. Fourth Ward, First Precinct. The First Precinct of the Fourth Ward shall include all of that part of the Fourth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Santa Fe Avenue and Iron Avenue; thence east in Iron Avenue to Front Street; thence south in Front Street to Prescott Avenue; thence west in Prescott Avenue to Santa Fe Avenue; thence north in Santa Fe Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-118. Fourth Ward Second Precinct. The Second Precinct of the Fourth Ward shall include all of that part of the Fourth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Front Street and Iron Avenue; thence east in Iron Avenue to Connecticut Avenue; thence south in Connecticut Avenue to Greeley Avenue; thence south along city limits to CONSOLIDATED-SALINA fl D 1 center line of Smoky Hill River; thence west in center line of Smoky Hill River to Front Street; thence north in Front Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-119. Fourth Ward, Third Precinct The Third Precinct of the Fourth Ward shall Include all of that part of the Fourth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Connecticut Avenue and Iron Avenue; thence east in Iron Avenue to Marymount Road; thence north in Marymount Road to Country Club Road; thence east in Country Club Road to east city limits; thence south along city limits; thence east along city limits to Marymount Road; thence south in Marymount Road to south city I imits; thence along south city I imits to Connecticut .Avenue; thence north in Connecticut Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-120. Fifth Ward. All of that portion of the City of Salina, which lies south of Prescott Avenue (and the Smoky Hill River extended east to city limits and Prescott Avenue extended Westto city limits) shall constitute the Fifth Ward. (Ord. 5819, Sec. 1, 11 - 16-53) 29-121. Fifth Ward, First Precinct, The First Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Prescott Avenue and Ninth Street; thence south in Ninth Street to Frost Street; thence west in Frost Street to Sherman Street; thence north in Sherman Street to Illinois Street; thence west in Illinois Street to Missouri Pacific Railroad; thence north along the Missouri Pacific Railroad track to Prescott Avenue; thence east on Prescott Avenue to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-122. Fifth Ward, Second Precinct. The Second Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Ninth Street and Prescott Avenue; thence east in Prescott Avenue to Front Street; thence south in Front Street to Bond Street; thence west in Bond Street to Ninth Street; thence north in Ninth Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-123. Fifth Ward. Third Precinct. The Third Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: CONSOLIDATED -SALIVA 1 1 Commencing at Frost Street and Ninth Street; thence south in Ninth Street to Wilson Street; thence west in Wilson Street to Missouri Pacific Railroad tracks; thence north along Missouri Pacific Railroad tracks to Illinois Street; thence east in Illinois Street to Sherman Street; thence south in Sherman Street to Frost Street; thence east in Frost Street to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-124. Fifth Ward, Fourth Precinct. The Fourth Precinct of the Fifth Ward shall include all ;of that part of the Fifth Ward as herein defined which lies within the following described bound- aries, to wit: Commencing at Wilson Street and Ninth Street; thence south in Ninth Street to Jewell Avenue; thence west along Jewel I Avenue and Jewel I Avenue extended west to Missouri Pacific Railroad tracks; thence north along Missouri Pacific Railroad tracks to Wilson Street; thence east in. Wilson Street to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-125. Fifth Ward, Fifth Precinct. The Fifth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Ninth Street and Bond Street; thence east in Bond Street to ;Fourth Street; thence south in Fourth Street to Minneapolis Avenue; thence west in Minneapolis Avenue to Ninth Street; thence north in Ninth Street to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-126. Fifth Ward, Sixth Precinct. The Sixth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described bound- aries, to wit: Commencing at Fourth Street and Bond Street; thence east in Blind Street to Front Street; thence north in Front Street to Prescott Avenue and Smoky Hill River; thence east in center line of Smoky Hill River to Ohio Street; extended north; thence south along Ohio Street to Republic Avenue,- thence venue;thence west in Republic Avenue to Fourth Street; thence north in Fourth Street to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-127. Fifth Ward, Seventh Precinct, The Seventh Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries,to wit: CONSOLIDATED-SALINA 1 u Commencing at Fourth Street and Republic Avenue to Ohio Street; thence south along Ohio Street to Kirwin Avenue; thence west in Kirwin Avenue to Fourth Street; thence north in Fourth Street to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-128. Fifth Ward, Eighth Precinct, The Eighth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described bound- aries, to wit: Commencing at Minneapolis Avenue and Fourth Street; thence south in Fourth Street to south city limits, thence west along city limits to Ninth Street; thence north in Ninth Street to Minneapolis Avenue; thence east in Minneapolis Avenue to place of beginning. (Ord. 5819, Sec. 1, 11-16-53) 29-129. Fifth Ward, Ninth Precinct. The Ninth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Jewell Avenue and Ninth Street; thence south in Ninth Street to city limits; thence west and north along city limit line to Missouri Pacific Railroad tracks; thence north along Missouri Pacific Railroad tracks to a point in line with Jewell Avenue extended west; thence east along this line and Jewell Avenue to place of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-130. Fifth Ward, Tenth Precinct. The Tenth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described bound- aries, to wit: Commencing at Prescott Avenue and Missouri Pacific Railroad; thence south along Missouri Pacific Railroad to Franklin Street; thence west along Franklin Street to Broadway Boulevard; thence south along Broadway Boulevard to Republic Avenue; thence west along Republic Avenue to Pontiac Avenue; thence north two hundred (200) feet on Pontiac Avenue; thence west to Cherokee Avenue; thence south on Cherokee Avenue to Republic Avenue and Cherokee Avenue; thence west and north on the city limit line to Crawford Avenue; thence east on Crawford Avenue to Choctaw Avenue and Crawford Avenue; thence north on city I imit I ine to Beverly Drive; thence east on Beverly Drive to point of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-131. Fifth Ward, Eleventh Precinct, The Eleventh Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: CONSOLIDATED -SALIVA 1 1 Commencing at Franklin Street and Missouri Pacific Railroad; thence south along Missouri Pacific Railroad to south city limit line; thence west and north on the city limit line to Cherokee Avenue and Republic Avenue; thence north on Cherokee Avenue two hundred (200) feet; thence east to Pontiac Avenue; thence south on Pontiac Avanue to Republic Avenue; thence east on Republic A/enue to Broadway Boulevard; thence north on Broadway Boulevard to Franklin Street; thence east on Franklin Street to point of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-132. Fifth Ward; Twelfth Precinct The Twelfth Precinct of the Fifth Ward shall include all of that part of the Fifth Ward as herein defined which lies within the following described boundaries, to wit: Commencing at Ohio Street and Kirwin Avenue; thence west along Kirwin Avenue to Fourth Street; thence south on Fourth Street to Cloud Street; thence south along Union Pacific Railroad to south city limit line; thence east and north along city limit line to point of beginning. (Ord. 6204, Sec. 1, 1-29-58) 29-133. Territory Outside City Limits Attached For School Purposes; Resident; Voting All territory outside of the corporate limits of the City of Salina which has been attached to the City of Salina for school purposes and which is a part of the City of Salina school district shall be and the same is hereby attached to the several voting precincts of the City of Salina contiguous thereto and all persons residing in any such attached territory and possessing the qualifications of an elector under the laws of the State of Kansas shall be qualified to vote at an election in the City of Salina for school purposes only in any voting precinct of such city which lies contiguous to the attached territory in which such person resides, and the boundaries of which voting precinct, if extended, would include the residence of such school district voter, and the ballots furnished to any such persons for the purpose of voting at any such election shall be so prepared as to permit such persons to vote for school purposes only and the judges and clerks of election in any voting precinct at which any such votes are cast shall prepare and keep a separate record of the persons casting such ballots, their place of residence and of the number of such ballots received by them at any such election. (Ord. 5819, Sec. 1, 11-16-53) Ref.: Duty of Board of Education on Annexing Territory, G. S. 1959 Supp. 72-1627. CONSOLIDATED -SALIVA 1 1 1 29-134. Additional Territory. Any territory hereafter added to the City of Salina shall become a part of that ward and voting precinct to which it is contiguous and whose boundaries intersecting the city limits, if extended, would include such added territory, unless such territory shall, by ordinance, be specifically attached to some other ward or voting precinct. (Ord. 5819, Sec. 1, 11-16-53) CONSOLIDATED-SALINA 1 CHAPTER XXX. WATERWORKS Article 1. Waterworks Article 2. Water Conservation Article 1. Waterworks 30-101. Waterworks Department 30-102. Officers and Employees 30-103. Superintendent 30-104. Cashier 30-105. Bookkeeper 30-106. Finances 30-107. Petty Cash Fund 30-108. Rules 30-109. Applications 30-110. Taps and Charges 30-111. Care and Installation of Service Lines 30-112. Meters 30-113. Use 30-114. Rates 30-115. Covenants with Revenue Bondholders 30-116. Rates Outside City 30-117. Accounts 30-118. Payment and Collection of Charges 30-119. Consumer 30-120. Unlawful Use of Water 30-121. Water for City Departments 30-122. Hydrant Rental 30-123. Penalty Ref. s Hydrant Offense, Secs. .2 3- rs" 30-101. Waterworks Department. There be and there is hereby created in the City of Salina a department to be known as the Waterworks Department of the City of Salina, which shall hereafter in this chapter be referred to as the Department; which in accordance with the provisions of this chapter shall have the control and management of the system of waterworks of the City of Salina. The City Manager, under the direction of the Board of Commissioners shall have control and management of said waterworks system. (R. 0. 1948, 28-101; G. S. 13-2401) CONSOLIDATED-SALINA 1 t u 30-102. Officers and Employees. There be and there are hereby created certain offices in said Department as follows: Superintendent, Bookkeeper, Cashier and such other employees, servants and agents as shall be necessary to properly improve, operate and maintain said waterworks system. The City Manager may act as Superintendent, if qualified. (R. 0. 1948, 28-102) 30-101. Superintendent. The Superintendent of the Waterworks, hereafter referred to as the Superintendent, shall, under the direction of the City Manager, have charge of said waterworks and all property connected therewith and shall manage and control the same. He shall inspect all parts of said waterworks and see that they are maintained in good condition for use, and that all employees of the Department attend to their respective duties. He shall keep in good repair the pumps, hydrants and other waterworks property. All other officers, employees, servants and agents of said Department, when appointed by the City Manager, shall be under the immediate control and management of the Superintendent. The Superintendent shall perform all such other duties as may be prescribed by said Board of Commissioners by ordinance or resolution. (R. 0. 1948, 28-103; G. S. 1959 Supp. 13-2402) 30-104. Cashier. The Casbier of the Waterworks shall be responsible for, receive and collect all revenue due the Waterworks Department. (R. 0. 1948, 28-104) 30-105. Bookkeeper. The Bookkeeper shall keep complete books showing in detail the business transactions of the Waterworks Department. At the beginning of each month, the Bookkeeper shall strike a trial balance and make a report to the City Manager portraying the financial condition of the Department and all collections, expenditures and approved claims entitled to payment. (R. 0. 1948, 28-105) 30-,-106. Finances. All revenues derived from the sale and consumption of water and from the management and operation of the waterworks, shall be deposited daily in the City Treasury to the credit of the Waterworks Department and shall be kept in a separate fund to be known as the Waterworks Department Fund. Such revenues shall be used only for the purposes authorized by law. In addition to customer's accounts, there shall be kept a set of cost books and records complete enough to show the cost of producing and distributing water and repairing and maintaining the waterworks plant and equipment, and such other items as shall be necessary for the intelligent management of the Department. (R. 0. 1948, 28-106) CONSOLIDATED-SALINA 1 1 30-107. Petty Cash Fund. There is hereby established a petty cash fund in the sum of One Thousand Dollars ($1,000) for the use of the Waterworks Department for the purpose of paying postage, freight, temporary labor and other emergency expenses, including refund of deposits made to secure payment of accounts. (G. S. 12-825x) The petty cash fund shall be deposited in the designated city depository bank as a;teparate account and shall be paid out on the order of the Cashier of the Waterworks by checks which shall state clearly the purpose for which issued. (G. S. 12-825a) The payees of all checks shall certify thereon over their signatures that such services were rendered, supplies furnished or refunds received, as the case may be and any false certification on any check shall be deemed obtaining money under false pretenses and punished as provided by law. (G. S. 12-825b) Whenever the petty cash fund becomes low or depleted, the Cashier shall prepare vouchers covering such expenses as have been paid from the petty cash fund, and shall submit such vouchers together with the paid checks to the Governing Body for audit, and allowance of the amount from the contributing funds. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore the petty cash fund to its original amount for use as herein provided. (R. 0. 1948, 28-107; G. S. 12-825c) 30-108. Rules. The rates, rules and regulations herein established shall be con- sidered a part of the contract with every person, firm or corporation supplied with water by and through the waterworks system, either within or without the corporate limits of the City of Salina. Such person, firm or corporation, by applying for and accepting water, shall be held and considered as consenting to be bound thereby, and in case of violation of any rules or regulations in force or upon failure to pay any charges or penalties herein provided for, the water may be cut off from the premises or place of violation and not turned on again except by order of the Superintendent of the Waterworks Department, after satisfactory assurance that there be no further cause for complaint and upon payment of any such charges. (R. 0. 1948, 28-108) 30-109. Applications. Any person making proper application and complying with the requirements herein set forth shall be supplied with water by the Department providing his property adjoins a water main or distributing pipe. All applications for water shall be on a form to be furnished by the Department and shall be signed by the person making such application and shall state the location of the premises for which water is to be furnished and all purposes for which water is required and any other information required CONSOLIDATED -SALIVA 1 fl 1 by the Department. Unless such application be signed by the owner, or the authorized agent of the owner of the property to be supplied, such application must be accompanied by a cash deposit for an amount equal to double the estimated monthly water bills for such premises but in no case less than Two Dollars ($2), and any applicant shall, upon demand of the Superintendent, increase such deposit when, if in the opinion of such Superintendent, such increase may be necessary to protect the city from loss. Whenever such application is made by any person other than the owner of the property or the authorized agent of such owner, the applicant shall secure the written consent of such owner or agent to the furnishing of water of such premises and to such applicant in _accordance with the rules and regulations herein provided for. A separate account of each deposit shall be made showing the date on which such deposit is received, the name of the depositor, And the amount thereof. The city shall pay to the customer making the deposit interest at the rate of three per cent (3%) per annum, such interest to be credited on the first day of January thereafter and shall be payable at the office of the utility, in cash, on demand of the depositor. Any interest credited shall be subject to call and payment at any time, but shall not draw interest. The amount of deposit required shall at all times be reasonable, and shall be based upon the value of the maximum service rendered; and such advance deposit, together with the interest due thereon, may be applied to the payment of any accrued bills, or bills due on discontinuance of service. (R. 0. 1948, 28-109; G. S. 1959 Supp. 12-822) 30-110. Taps and Charges. (a) The phrase "lineal feet" where hereinafter used shall be deemed to refer to they foot frontage of the private property that may be served from any existing water main or water mains that may hereafter be installed by the Water Department of the City of Salina; in the event any such property is carved into lots and irregularly shaped, the lineal footage shall be deemed to refer to the main width of any such irregular lot. (b) Whenever any person, firm or corporation desires to obtain water service to any property, to or upon or for any property, not heretofore served with water by the Water Department of the City of Salina, as a condition precedent to the installation of such service, in addition to all the other charges, a sum equal to One Dollar and Fifty Cents ($1.50) multiplied by the front footage of the property to be so served shall be paid into the Water Department. The Department shall tap on all mains or distribution lines, inserting a corporation cock and furnishing the union for the connection to the service line. A charge shall be made for each tap in addition to the sums aforesaid in the amount of CONSOLIDATED-SALINA 1 �1 1 Ten Dollars ($10) for three-fourths (3/4) inch corporation cocks and Twelve Dollars ($12) for each one (1) inch corporation cock. Larger sized corporation cocks may be authorized by the Superintendent and the charges therefor shall be actual cost of installation plus fifteen per cent (15%) to be paid to the Water Department when the service is installed and applied for or the tap ordered. (c) No charge shall be made to property that can be served from paralleling installa- tions in the event that the property to be so served has been a consumer of water from said Department antecedent to the effective date hereof. (d) It shall be the duty of any person applying for the provision of new service of water from and after the effective date heredf to correctly state the lineal foot frontage of property to be thereby served. In the event of the failure so to do, the Superintendent of the Waterworks is hereby directed to forthwith discontinue water service to any such property where the lineal front footage was misrepresented. (Ord. 5892, Sec. 1, 9-13-54) 30-111. Care and Installation of Service Lines. All consumers shall keep their own fixtures, service lines and curb cocks in good repair and protected from frost at their own expense, and shall prevent all unnecessary waste of water, keeping all fixtures closed when not in use. It is expressly stipulated that no claim shall be made against the city or the Waterworks Department because of any break in the service or any damage arising from the cutting off of water to repair mains, make connections or for any other purpose, that becomes necessary; the right is hereby reserved to cut off water at any time when deemed necessary. Defective service lines must be promptly repaired; otherwise the water may be shut off at the main, notice having first been given, and the cost charged against the service. When it becomes necessary for installation of service lines to be effected or repairs to be made to existing service lines between the main and the curb cock, or when curb cocks are broken or cannot be,closed, service boxes are misplaced, filled with debris or require new lids, or when other repairs or replacements are necessary to the proper operation of, the system and the supplying of water to users, or to prevent waste of water, reasonable efforts shall be made to request or notify the owner or party liable for the expense and to induce him to make the necessary installations, repairs or alterations; but in cases where, after reasonable effort, it is found impossible or im- practicable to notify the owner or party liable, or where the owner reports inability to obtain a plumber to install a service line, or where the owner or party fails or refuses to have the necessary repairs made within a reasonable length of time, or where an emergency does not permit the necessary delay in finding the owner or party liable, then the Waterworks CONSOLIDATED-SALINA 1 1 1 Department shall make such repairs or alterations or cause service lines to be installed to the curb cock as are necessary and charge the actual cost of labor and material involved, plus twenty-five per cent (25%) for overhead expenses, against the property served, and the same shall be collectible in the same manner as monthly water bills. No service lines shall be abandoned without first having been shut off and capped or plugged at the corporation cock at the expense of the property owner. (R. 0. 1948, 28-111; G. S. 13-2410, 13-2411) 30-112. Meters. All water sold by the Department shall be measured by meter. All meters shall be furnished by the Department and installed without cost to the consumer. The meters shall be located adjacent to the curb cock where practicable in a meter box, to be furnished by the Department at the expense of the consumer, and otherwise at such point as the Superintendent shall direct. The owner shall leave a gap in the service line of proper size to accommodate the meter and connections furnished by the Waterworks Department and shall leave sufficient room about the meter for the installation of a meter box in case the meter is placed outside the buildings. No person shall molest, injure or in any way interfere with anywater meter, meter box or cover or anything appertaining thereto, and no person shall deposit dirt, stone or rubbish of any nature in any meter box or service box. The occupant of any building or premises where a meter is located shall keep the meter free from all obstructions so that it is at all times conveniently accessible for reading, inspecting or repairing. The Superintendent, or persons authorized by him, may enter at any reasonable hour any premises supplied with water in order to inspect or repair meters, pipes or fixtures or to investigate the use of water. Where a meter is located in an approved meter box or housing in the parking or sidewalk, the consumer or owner of the property in which such meter is placed shall be responsible for its protection and preservation and any damage sustained by such meter shall be charged to the consumer or owner of the property served in the same manner as prescribed for repairs to service lines. Whenever a meter is damaged by hot water or steam or by improper method of thawing when frozen, the cost of the repairs shall be chargeable to the property in the same manner as prescribed for repairs to services. In case any meter fails to register for any cause, the amount charged for water during such period shall be est$mated by the Superintendent, such estimate to be based on the average amount registered during a like preceding period and such other information as is available. (R. 0. 1948, 28-112; G. S. 13-2410) CONSOLIDATED-SALINA 1 1 30-113. Use. Patrons shall not allow water to be taken from the premises, nor permit any connection being made to his service line without first obtaining written permission from the Superintendent. Water shall be used only on the premises to which the service is extended, and not more than one consumer shall receive water through a single meter except by special written permission of the Superintendent. (R. 0. 1948, 28-113) 30-114. BAI&§. The following is hereby established as the minimum meter rates which consumers of water shall pay for water furnished them by the Waterworks Department of the City of Salina, from and after June 1, 1959: First 2,000 cu. ft. @ .25 per C cu. ft. or 33.33¢ per M gallons; Next 3,000 cu. ft. @ .22 per C cu. ft. or 29.33¢ per M gallons; Next 5,000 cu. ft. @ .19 per C cu. ft. or 25.336¢ per M gallons; All over 10,000 cu. ft. @ .15 per C cu,ft. or 20.000 per M gallons. Except for the minimum amounts allow6d, the following are hereby established as the minimum charges for regular uses of water using the prescribed size of meter and not to exceed the maximum volume of water for each minimum charge on a monthly basis from and after June 1, 19591 Monthly Meter Size 5/8" 3/4" 1 " Minimum Charge 1.75. 2.45 4.20 7.70 3 16.30 2 11.20 4 " 27.20 6 "' 46.50 (Ord. 6396, Sec. 1, 12-16-59) Cu. Ft. Allowed 500 700 1,200 2,200 3,200 5,000 9,000 17,000 Gallons Allowed 3,750 5,250 9,000 16,500 24,000 37,500 67,500 127,500 30-115. Covenant with Revenue_Bondholders. The City of Salina hereby agrees in consideration of persons, firms, corporations and partnerships buying revenue bonds to be issued to extend, enlarge and improve the waterworks plant and system not to decrease the _dates prescribed as aforesaid in Section 30-114 until all such bonds and interest thereon are fully paid. (Ord. 5782, Sec. 2, 6-1-53) CONSOLIDATED-SALINA n 1 30-116. Rates Outside City. The general specific and minimum rates charged for water produced and sold by the Waterworks Department of the City of Salina as now or hereafter prescribed by ordinance are hereby declared to be applicable only to water consumed or used within the limits of the City of Salina. The minimum charge for water consumed or used outside the limits of the City of Salina shall be two times the minimum charge for water consumed within the city. For water consumed or used outside the city in a volume in excess of the minimum for each meter shall be charged at the regular rate plus twenty-five per cent (25%) thereof. The rates prescribed by this section shall not apply to situations wherein the Waterworks Department of the City of Salina is bound by noncancellable contracts to provide water at other rates to consumers or users outside the city. (R. 0. 1948, 28-115) 30-117. Accounts. All meters shall be read as nearly as practicable on the last day of the month and bills shall be rendered by the first day of the month following. All bills shall be payable on or before the tenth day of the month in which the bill is rendered, and if any person, firm or corporation shall fail to pay his water bill on or before the tenth day of said month, a penalty of ten per cent (10%) of the amount of the bill, in no event less than Ten Cents (10�), shall be added and collected. If any person, firm or corporation shall fail to pay his water bill on or before the twentieth day of said month, service shall be discontinued and water shall be shut off from the premises until all unpaid water bills and penalties shall have been paid, together with an additional charge of One Dollar ($1) to cover the cost of shutting off and turning on the water regardless of any change in occupancy or ownership. The Superintendent shall have authority to make correction or refunds of overpayments or improper water bills due to error in the Waterworks Department, but shall have no authority to remit or dimidia bill for any other reason. (R. 0. 1948, 28-116) 30-118. Payment and Collection of Charges. Whenever any consumer of water shall move from one location or premises to another in or adjacent to the City of Salina, or whenever water is turned off at any premises on account of the failure of the consumer to pay the water charges for water used on any such premises, or whenever any consumer or applicant for water service is indebted to the Water Department of the City of Salina for any water previously furnished to him either at the premises for which an application is made or at any other place in the City of Salina, the Superintendent of the Waterworks Department shall refuse to turn on or authorize the turning on of water for any such consumer or applicant at any place until all previous charges due to the Water Department CONSOLIDATED-SALYNA 1 1 1 for whatever premises, have been fully paid by such consumer or applicant, and all other requirements and charges,w hether in the nature of penalties, shut off or turn on charges, or deposits as required by ordinance, shall have been paid, and no applicant or consumer shall be entitled to have water turned on at any premises until all such charges and requirements have been fully paid and complied with, and the Superintendent of the Water Department shall be authorized to make all reasonable rules and regulations to secure the payment of any sums due to the Water Department of the City of Salina as may in his judg- ment be necessary. (R. 0. 1948, 28-117) 30-119. Consumers. The consumer, as referred to herein, shall be the party receiving water or service for a property classified as follows: First, an apartment (a.household unit,. designed, used or suitable for occupancy for one or more persons) or a building under one roof, occupied by one business or residence; Second, a combination of buildings=. owned by one party, in a common enclosure, used for one residence or business; Third, the one side of a double housing having a solid vertical partition wall; Fourth, a building owned by one party, having a number of offices, or sleeping or living rooms (not including apartments designed for occupancy by a separate family) using in common one hall and one or more means of entrance. Where, by special written permission of the Superintendent, more than one consumer is permitted to obtain water through a single meter, a charge at the uniform maximum rate as prescribed by Section 30-114 per hundred cubic feet or per thousand gallons for two thousand (2,000) cubic feet as it now exists or as hereafter amended shall be made. (Ord. 5475, Sec. 1, 5-26-50) 30-120. Unlawful Use of Water. It shall be unlawful for any person to take or use water from the waterworks of the City of Salina without notice to the Department and without payment for the same as provided by the rules and regulations herein contained. No person shall turn on or shut off the water at any valve, curb cock, corporation cock or other places regulating the supply of water to any premises or part of the waterworks system except duly authorized employees of the Department or persons authorized to do so by the Superintendent: Provided, That any licensed plumber may turn on or shut off water for the purpose of testing his work but he shall leave the valve or curb cock in the same position in which he found it. (R. 0. 1948, 28-119) CONSOLIDATED-SALINA 1 I 1 I 30-121. Water for City Departments. All water used by any city department for any purpose whatsoever, excepting only that used by the Fire Department for extinguishing fires, shall be measured and charged for in the same manner as water used by private consumers at a rate to be fixed by the Board of Commissioners. Where it is impracticable to meter the water so used, it shall be estimated by the Superintendent. (R. 0. 1948, 28-120) 30-122. Hydrant Rental. To cover the cost of furnishing and maintaining fire hydrants, fire mains and water for extinguishing fires, an annual hydrant rental shall be paid to the Waterworks Department by the City of Salina in such sum as the Board of Commissioners may hereafter determine. For all fire hydrants located in water mains outside of the limits of the City of Salina, the person for whose benefit such fire hydrants are installed shall pay a fire hydrant rental of One Dollar ($1) per annum per hydrant which shall be payable quarterly in advance. No fire hydrant shall be connected to any water main outside of the City of Salina without notice and withoutsecuring permission from the Superintendent and no such hydrant shall be or remain connected to any such water main unless the rental due thereon shall be paid within ten (10) days after the same becomes due. (R. 0. 1948, 28-121) 30-123. Penalty. Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in any sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100) for each offense, and in case of continued violation, each day during which such violation continues shall be and constitutes a separate offense. (R. 0. 1948, 28-122) Article 2. Water Conservation 30-201. Definitions 30-202. Installing Systems 30-203. Permit Required for Installing Systems; Permit Fees 30-204. Installation of Air Conditioning Systems; Report and Inspection Required 30-205. Water Use Conservation and Regulation 30-206. Sequence of Restrictions 30-207. Waste Prohibited 30-208. Penalty CONSOLIDATED-SALINA 1 J 30-201. Definitions. For the purpose of these regulations, the following terms shall have and be construed to have the following meanings: (a) The term "air conditioning system" shall include any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water. (b) "System" shall mean a single air conditioning unit or group or collection of such units or any other combination of air conditioning apparatus connected to the municipal water supply in a common location, or a municipal storm sewer or sanitary sewer, such as an apartment or office building or supplied with water through any single customer service pipe connected to the municipal water supply system or emptying into municipal storm or sanitary sewers. (c) "Person" shall mean all users of air conditioning equipiment connected with the municipal water supply or emptying water into municipal storm or sanitary sewers, including natural persons, partnerships, corporations or associations. Whenever used with respect to penalty, the term "person" as applied to partnerships or associations shall mean the partners thereof, and as applied to corporations, the officers thereof. (d) "Building Official" shall mean the Building Official of the City of Salina or such officer or agent as he shall duly authorize to act in enforcement of these regulations. (e) "Water conservation equipment or facilities" shall mean evaporative condensers, cooling towers, spray ponds, recirculating pumps or return disposal well. (f) "Tons" shall mean the manufacturers Elating of the compressor on an air conditioning system so operated based on ASRE (American Society of Refrigeration Engineers) or ARI (American Refrigeration Institute) standards or ratings. (Ord. 6132, Sec. 1, 4-15-57) 30-202. Installing Systems. All air conditioners hereafter installed shall be air cooled or equipped with water conservation equipment or facilities. (Ord. 6132, Sec. 2, 4-15-57) 30-203. Permit Required for Installing Systems; Permit Fee. No person shall install, remodel or add to any air conditioning system which uses water from the municipal water supply or emptying into the municipal storm or sanitary sewer without first having procured written permit therefor from the Building Official. The Building Official shall charge a fee of Three Dollars ($3) for the issuance of such permit. (Ord. 6132, Sec. 3, 4-15-57) CONSOLIDATED-SALINA 1 F_� 1 30-204. Installation of Air Conditioning Systems; Report and Inspection Required. No one other than a plumber licensed by the City of Salina shall connect any such air conditioning system to the municipal water system or municipal storm or sanitary sewer system, nor shall any one other than an electrician licensed by the City of Salina do any electrical work in connection with such installation. Within forty-eight (48) hours following the completion of any such work authorized by the permit required by the foregoing section of this article, the person doing such work shall file in the office of the Building Official written notice of such completion and request for inspection which inspection shall be promptly made by the Building Official. Licensed plumbers or electricians who violate any of the provisions and regulations herein set forth may be denied the privilege of securing further permits from the Building Official. (Ord. 6132, Sec. 4, 4-15-57) 30-205. Water Use Conservation and Regulations. (a) Inasmuch as the conservation of water and regulation of sewer load during periods of peak demand is in the public interest, a surcharge is hereby authorized against all air conditioning systems connected to the municipal water supply or emptying into municipal storm or sanitary sewers, which surcharge is hereby fixed at Two Dollars and Fifty Cents ($2.50) per month per ton rated capacity for the months of June, July, August and September in each year beginning June 1, 1957. This surcharge shall be in addition to the regular charges for water consumed and the City Commission shall assess and collect the surcharge in the interest of the conser- vation of the municipal water supply and/or the limitation of use of the municipal storm and sanitary sewers: Provided, That this surcharge shall not apply to any of the following air conditioning systems: (1) Systems heretofore installed and now in use for single family units or duplex residential purposes: Provided, That the water is used for irrigation. (2) Any system equipped with water conservation equipment or facilities. (b) In order to prevent back siphonage into the municipal water supply, there shall be no direct or indirect connection between the municipal water supply and any air con- ditioning system using water from a source other than the municipal supply. (Ord. 6132, Sec. 5, 4-15-57) 30-206. Sequence of Restrictions. Whenever the City Commission shall deem it necess in the interest of the conservation of the municipal water supply and/or the limitation of use of the municipal storm or sanitary sewers it shall restrict the partial or total use of water from the municipal water system in the following order or sequence: CONSOLIDATED-SALINA 1 u 1 (a) Irrigation. (b) Air conditioning without water conservation facilities. (c) Industry - air conditioning and other industrial or commercial uses. (d) Sanitary use. (Ord. 6132, Sec. 6, 4-15-57) 30-207. Waste Prohibited. It shall be unlawful to waste water. The use of water in violation of any of the terms of this article shall be deemed waste. Water flowing into a gutter or into a street, alley or sidewalk, directly or indirectly, from an air conditioning system shall be deemed waste. (Ord. 6132, Sec. 7, 4-15-57) 30-208. Penalty. Any person who shall violate any of the terms of this article shall be deemed guilty of a public offense and shall, upon conviction thereof, be fined in an amount not to exceed Fifty Dollars ($50), or be imprisoned for a period of not to exceed ten (10) days, or be both so fined and imprisoned and shall be subject to having his water service discontinued. Each day violation is committed or permitted to continue shill constitute a separate offense and shall be punishable as such hereunder. (Ord. 6132, Sec. 8, 4-15-57) CONSOLIDATED-SALINA 1 1 APPENDIX Franchises I. Gas and Electric Franchise 2. Motor Bus Franchise 3. Television Antennae Franchise 4. Telephone Franchise 1.Gas and Electric Franchise (Published in the Salina Journal March 30, 1949) ORDINANCE NO. 5364 AN ORDINANCE GRANTING TO THE KANSAS POWER AND LIGHT COMPANY, A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC AND NATURAL GAS FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS 7HEREOF. WHEREAS, The Kansas Power and Light Company, a Kansas corporation, hereinafter some- times designated as "Company," owns and operates a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, and owns and is now operating a system for the distribution of electricity in the City of Salina, Kansas; and WHEREAS, the said Company also owns and operates a system for the transmission of natural gas in the State of Kansas, and owns and is now operating a system for the dis- tribution of natural gas in the City of Salina, Kansas; NOW THEREFORE Be it Ordained by the Governing Body of the City of Salina, Kansas: Section 1. That in consideration of the benefits to be derived by the City of Salina, Kansas, and its inhabitants, there is hereby granted The Kansas Power and Light Company, its successors and assigns, the right, privilege and authority for the period of twenty (20) years from the effective date of this ordinance to occupy and use the several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintaining of electric and gas transmission and distribution lines and mains and other equipment and property necessary to carry on the business of distributing and selling natura gas and electricity for all purposes to the City of Salina, Kansas, and its inhabitants, and through said city and beyond the limits thereof; to obtain said electricity and natural gas from any source available; and to do all things necessary or proper to carry on said natural gas and electric business in the City of Salina, Kansas. Section 2. As a further consideration and as compensation for the granting of this franchise, and in lieu of city occupation and license taxes, the company shall pay to the sa city two per cent (2%) of its gross revenue from the sale of natural gas, and three per cent (3%) of its gross revenue from the sale of CONSOLIDATED-SALINA F� electricity, to all consumers within the limits of said city, which payments shall be made annually as soon as possible after each anniversary of the effective date of this franchise. The said payments shall be accompanied by a statement showing the gross revenue of company from the sale of natural gas and electricity within the limits of the said city for the twelve-month period covered by the payments hereunder. In event company shall hereafter agree to pay any other city supplied with electricity and gas by company, any percentages of gross revenue in excess of the percentages herein pro- vided, company shall increase the percentages to be paid to the city hereunder to the same percentages agreed to be paid such other city. Section 3. That the company, its successors and assigns, in the construction, maintenance and operation of its electric and natural gas transmission and distribution properties, shall use all reasonable and proper precaution to avoid damage or injury to persons or property, and shall hold and save harmless to the City of Salina, Kansas, from any and all damage, injury and expense caused by the negligence of company, its successors and assigns, or its or their agents or servants. Section 4. All natural gas services, mains and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers or other structure already installed. Section 5. Company shall, in the doing of any work in connection with its said natural gas mains, pipes and services, avoid, so far as may be practicable, interfering with the use of any street, avenue, alley or other public thoroughfare, and where company disturbs the surface of a street, alley, avenue or other public thoroughfare, it shall at its own expense and in a manner satisfactory to the duly authorized rep- resentative of the city replace such paving or surface in substantially as good condition as before such Work was commenced. Section 6. It is recognized that the natural gas to be delivered hereunder is to be supplied from company's pipe line system transporting natural gas from distant sources of supply; and the company, by its acceptance of this franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipe lines are reasonably capable of supplying. Section 7. The rates to be charged and exacted from the City of Salina, and its inhabitants, and the rules and regulations with reference to the character, quality and standards of service to be furnished by said company shall be under the jurisdiction and control of such regulatory body, municipal or otherwise, as may from time to time during this grant be vested by law with authority and jurisdiction thereover. CONSOLIDATED-SALINA I 1 1 Section 8. That within sixty (60) days from and after the passage and approval of this ordinance, company shall file with the City Clerk of the City of Salina, Kansas, its unconditioned written acceptance of this ordinance. Section 9. That this ordinance shall become effective and be in force and shall be and become a binding contract between the City of Salina, Kansas, and the Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by the said company. Section 10. This franchise is granted pursuant to the provisions of Section 12-824, G. S. Kansas, 1935. Section 11. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. Passed and approved this 28th day of March, 1949. ATTEST: /s/ Chas. E. Banker, City Clerk (SEAL) /s/ A. W. Stedham, Mayor 2. Motor Bus Franchise ORDINANCE NO. 6117 AN ORDINANCE GRANTING TO E. B. HARRIS AND H. G. ANGWIN, A PARTNERSHIP, DOING BUSINESS AS THE SALINA TRANSIT COMPANY, A FRANCHISE FOR THE OPERATION OF MOTOR BUSES IN THE CITY OF SALINA, KANSAS. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. Pursuant to the authority granted under Chapter 12-2001 and 2002 of the 1955 Supplement of the General Statutes of Kansas, 1949,there is hereby granted to E. B. Harris and H. G. Angwin, a partnership, doing business as The Salina Transit Company, and their assigns, hereinafter designated as grantee, a franchise for the operation of a system of motor buses for the transportation of persons for hire over, upon, along and across the following streets in the City of Salina, Kansas. ROUTE 1 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence north on Santa Fe Avenue to Otis Avenue; thence west on Otis Avenue to Ninth Street; thence south on Ninth Street to Elm Street; thence east on Elm Street to Santa Fe Avenue; thence south on Santa Fe Avenue to Claflin Avenue; thence west on Claflin Avenue to Highland Avenue; thence south on Highland Avenue to Cloud Street; thence west on Cloud Street to Ninth Street; thence north on Ninth Street to Minneapolis Avenue; thence east on Minneapolis Avenue to Santa Fe Avenue; thence north on Santa Fe Avenue to point of beginning, CONSOLIDATED-SALIVA 1 F 7 Ll ROUTE 2 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence east on Iron Avenue to Ohio Avenue; thence south on Ohio Avenue to Gypsum Avenue; thence east on Gypsum Avenue to Delaware Avenue; thence north on Delaware Avenue to Iron Avenue; thence east on Iron Avenue to Marymount Road; thence west on Iron Avenue to Ohio Avenue; thence north on Ohio Avenue to Ash Street; thence west on Ash Street to Des Moines Avenue; thence north on Des Moines Avenue to Elm Street; thence west on Elm Street to Penn Avenue; thence south on Penn Avenue to Iron Avenue; thence west on Iron Avenue to Eighth Street; thence south on Eighth Street to Walnut Street; thence west on Walnut Street to Phillips Street; thence south on Phillips Street to South Street; thence east on South Street to Eleventh Street; thence south on Eleventh Street to Republic Avenue; thence west on Republic Avenue to Highland Circle; thence south on Highland Circle to Sunset Drive; thence west on Sunset Drive to Funston Street; thence north on Funston Street and Sheridan Street to Crawford Avenue; thence east on Crawford Avenue to Twelfth Street; thence north on Twelfth Street to Prescott Avecue; thence west on Prescott Avenue to Phillips Street; thence north on Phillips Street to Walnut Street; thence east on Walnut Street to Eighth Street; thence north on Eighth Street to Iron Avenue; thence east on Iron Avenue to point of beginning. ROUTE 3 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence south on Santa Fe Avenue to Prescott Avenue; thence east on Prescott Avenue to Fourth Street; thence south on Fourth Street to Crawford Avenue; thence east on Crawford Avenue to Front Street; thence south on Front Street to Wilson Street; thence east on Wilson Street to Roach Street; thence south on Roach Street to Claflin Avenue; thence west on Claflin Avenue to Osborne Street; thence north on Osborne Street to Republic Avenue; thence east on Republic Avenue to Front Street; thence north on Front Street to Crawford Avenue; thence west on Crawford Avenue to Santa Fe Avenue; thence north on Santa Fe Avenue to Iron Avenue; thence west on Iron Avenue to Eleventh Street; thence north on Eleventh Street to State Street; thence west on State Street to Thirteenth Street; thence north on Thirteenth Street to Bishop Street; thence west on Bishop Street to College Street; thence south on College Street to Iron Avenue; thence east on Iron Avenue to point of beginning. CONSOLIDATED-SALINA 1 1 1 ROUTE 4 (Air Base Route) Beginning at the intersection of Ash Street and Santa Fe Avenue; thence north on Santa Fe Avenue to Elm Street; thence west on Elm Street to Ninth Street; thence south on Ninth Street to the south city limits of the City of Salina; thence north on Ninth Street to Ash Street; thence east on Ash Street to point of beginning. Provided, That any two or more of said routes may be combined, and that any or all of the said routes may be transversed in the reverse direction. Section 2. That, with the consent and approval of the Governing Body of the City of Salina, said grantee shall also have the right to change, alter, or abandon said routes hereinabove described, and to establish, operate and abandon such additional routes as may be deemed necessary or proper from time to time for the purpose of fur- nishing the citizens of Salina convenient and adequate transportation facilities to and from all parts of said city; and also, for such purposes, to operate buses temporarily over such routes and to such parts of said city as may be designated by the Governing Body of said city. Section 3. That no bus service shall be extended under this franchise on Sundays or holidays. Section 4. That the grantee shall operate buses from 6:30 a.m. to 6:30 p.m. on headways of not less than one hour frequency, but may operate buses for a longer period of time and for more frequent headways if they so desire: Provided, however, That such hours of service and frequency of headways shall not apply to the Air Base route. Section 5. That the rights and privileges hereby granted for the operation of motor buses shall continue for the term and period of ten (10) years from the effective date hereof. Section 6. That the motive power for said motor buses shall be internal combustion engines using gasoline or other suitable fuel or electric motors: Provided, however, That in the event of the discovery of any new motor power suitable for such purposes, said grantee may use the same in the operation of said buses. Section 7. That all motor buses operated by said grantee under this franchise shall be operated subject to the provision of any traffic ordinances of said city now in force, or hereafter enacted, so far as the same refer to motor vehicles: Provided, however, That said buses shall have precedence over all other vehicles, except Fire and Police Department vehicles and ambulances. CONSOLIDATED-SALINA 1 11 1 Section 8. That the rate of fare for a passenger upon any regular line or route of said motor buses shall not exceed fifteen cents for each passenger for one continuous passage in the same direction within the limits of said city, and said grantee shall furnish such transfers as shall be necessary to accomplish this result. Section 9. That said grantee shall equip its line with buses, properly lighted and heated to provide for the comfort and safety of its passengers,.and shall keep the same in good state of repair. Said buses shall stop for the purpose of receiving and discharging passengers immediately before and after passing street intersections. Section 10. That said grantee shall carry insurance upon its operating equipment of at least $25,000 covering liability for personal injury to any one person in any one accident, $50,000 covering liability for personal injury to any two or more persons for any one accident, and $5,000 covering liability on property damage resulting from any one accident. Section 11. That, in consideration of and as compensation for the franchise hereby granted, and in lieu of all occupation and license taxes, or other taxes imposed by said city, the grantee shall pay to said city each year the sum of $30 per year per bus for the nxAmber of buses regularly operated on the established routes of said grantee, including the regular bus, if any, serving the Smoky Hill Air Base, using in part the public streets of the City of Salina. Such -sums shall be paid by the grantee to the city in two equal installments, on the 1st day of January and the lst day of July of each year. Section 12. That this ordinance shall not be effective unless within thirty days after this ordinance is finally passed said grantee shall file with the City Clerk of the City of Salina, Kansas, its acceptance in writing of the terms, conditions and provisions hereof. Section 13. Grantee by accepting the provisions of this ordinance hereby agrees to hold the city harmless from any and all claims for damages and suits for damages growing out of or resulting from the operation of motor buses of the grantee in said city except such as may result from or be caused by the act of said city or its agents, servants or employees. Section 14. That this ordinance shall take effect and be in force from and after its final passage, approval and publication according to law, and upon the grantee's compliance with the provisions of Section 12 of this ordinance. Section 15. That the franchise hereby granted may be transferred and assigned by the grantee herein or its assigns; and that in the event of such assignment all of the rights and privileges herein granted and all of the obligations hereby imposed shall inure to the benefit of and be Minding upon such assignee or assignees. CONSOLIDATED-SALINA k 1 Section 16. The city shall cause to be set aside as bus zones certain parts of streets along the route of said bus system for adequate accomodation of said buses in taking on and unloading passengers. Section 17. The City of Srlina or the grantee shall each have the right to terminate this franchise by giving the other written notice of termination at least sixty days in advance of the date set for termination. The actual discontinuance of such service in said city by the grantee for a continuous period of ten days or more shall, except where caused by civil riot, strikes, acts of God, or some other such cause beyond the control of the grantee or assignee, operate as a forfeiture, and all rights and privileges granted under this ordinance shall *Lareupan be terminated. Section 18. In the event any part or parts of this ordinance shall be determined to be invalid, such determination of invalidity shall not affect any other portion of this ordinance. Section 19. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Passed and approved by the Governing Body of the City of Salina, Kansas, this ATTEST: (SEAL) day of , 1957. City Clerk Mayor 3. Television Antenna Franchise (Published in the Salina Journal December 10, 1958) ORDINANCE NO. 6291 AN ORDINANCE OF THE CITY OF SALINA, KANSAS, GRANTING CABLE T. V. SYSTEMS, INC., ITS SUCCESSORS, LESSEES AND ASSIGNS, FOR A TERM OF TWENTY (20) YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHISE TO ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN AND OPERATE A COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM WITHIN THE CITY OF SALINA, KANSAS, TO RENDER, FURNISH AND SELL COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SERVICE THEREFROM WITHIN THE CITY OF SALINA, KANSAS, AND ENVIRONS THEREOF, AND TO USE AND OCCUPY THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF SALINA, KANSAS, FOR SUCH COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM. Be it Ordained by the Governing Body of the City of Salina, Kansas: Section 1. There is here0y granted to Cable T. V. Systems, Inc., duly authorized C;ONSOL 1DATED-SALINA LJ 1 to do business in the State of Kansas, (hereinafter called the "Grantee") and to the Grantee's successors, lessees, and assigns, for the full term of twenty (20) years from the date hereof, the nonexclusive right, authority, power and franchise to establish, construct, acquire, maintain, and operate a community antennae and closed-circuit electronic system within the City of Salina, Kansas, (hereinafter called the "City"), to render, furnish, and sell community antennae and closed-circuit electronic service from such system to the inhabitants of the City and its environs, and to use and occupy the streets and other public places within the corporate limits of the City as the same now exist or may hereafter exist for its community antennae and closed-circuit electronic system, including the right to enter and construct, erect, locate, relocate, repair and rebuild in, on, under, along, over and across the streets, alleys, avenues, parkways, lanes, bridges and other public places of the City, all towers, poles, cables, amplifiers, conduits and other facilities owned, leased or otherwise used by the Grantee for the furnishing of community antennae and closed-circuit electronic service within the City and environs thereof during the continuance of the franchise hereby granted. Section 2. Any pavements, sidewalks, or curbing taken up or any and all excavations made by the Grantee shall be done under the supervision and direction of the Governing Body of the City under permits issued for work by the proper officials of the City and shall be made and done in such manner as to give the least inconvenience to the inhabi- tants of the City and the public generally, and all such pavements, sidewalks, curbing and excavations shall be replaced and repaired in as good condition as before, with all convenient speed, by and at the expense of the Grantee, which shall at all times make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public ways of the City. The Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. Section 3. It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee In the construction, operation or maintenance of its electric system in the City. The City shall notify the Grantee's representative in the City within fifteen (15) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. CONSOLIDATED-SALINA 1 11 Section 4. The Grantee shall have the authority to promulgate such rules, regu- lations, terms and conditions of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers. The Grantee shall have the right and power to fix, charge, collect and receive reasonable rates for community antennae and closed-circuit electronic service furnished within the corporate limits of the City, provided that the Governing Body of the City reserves the right, at all times during the existence of this franchise, to fix and determine maximum rates to be charged the City and its inhabitants by the Grantee to the extent that the law provides for such right, power and authority by the City. Section 5. The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the Grantee and to reasonably designate where such facilities are to be placed within the public ways and places. Section 6. The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires the same and the Grantee shall have the authority to require shall be paid by the person requesting such payment in advance. The Grantee shall be given not less than forty-eight hours' advance notice to arrange for such temporary wire changes. Section 7. The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coiUng in:_cont.act with the wires and cables of the Grantee, all trimming to be done under the supervision and direction of the City and at the expense of the Grantee. Section 8. In the event that at any time during the period of this franchise the City shall lawfully elect to alter, or change the grande of, any street, alley or other public way, the Grantee, upon reasonable notice by the city, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other tele0hone fixtures at its own expense. Section 9. The Grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide. Section 10. In consideration for the rights, privileges, and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and in lieu of all occupation and license taxes, the Grantee shall, on or before the 1st day of January of each year pay to the City the sum of $25 and shall on or before the last day of January and the last day of July each year in which this franchise is effective, pay to the City a sum equal to 2% of the gross receipts from the sale of community antennae and closed-circuit electronic service within the than existing corporate CONSOLIDATED-SALINA 1 1 1 limits of the City for the preceding six (6) month period ending on the last day of December and the last day of June, respectively. The term "gross receipts" as applied to sales of community antennae and closed-circuit electronic service, as used in this section, shall includeservice sold for domestic or residential consumption, and service for commercial or industrial consumption but shall not include service to educational institutions not operating for profit, churches and charitable institutions, as such users are construed by the United States Department of Internal Revenue Service under the Revenue Act of 1932, as amended. Section 11. The City reserves the exclusive right to terminate this franchise and rescind all rights, powers, privileges and authority herein granted by written notice to the Grantee, if the Grantee has not commenced construction of acommunity antennae and closed-circuit electronics system within three years from the date of final passage of this ordinance. Section 12. All ordinances and parts of ordinances in. -conflict herewith are hereby repealed as of the effective date of this ordinance. Section 13. All provisions of this ordinance shall be binding upon the Grantee and all successors, lessees and assigns of the Grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants, and privileges securedby this ordinance to the Grantee shall be held to inWre to the benefit of the Grantee and all successors, lessess, and assigns of the Grantee. Section 14. The franchise herein granted shall be subject to all of the provisions of Section 12-2001 et seq. of the 1957 Supplement to the General Statutes of Kansas for 1949. Section 15. This ordinance shill not take effect unless and until the -,same shall have been read in full at three (3) regular meetings of the Governing Body of the City and immediately thereafter published in the official City paper once a week for three (3) consecutive weeks and until sixty (60) days from the date of its final passage, and then shall take effect ,only in conformity with the laws of the State of Kansas. Passed and approved this 2nd day of December, 1958. ATTEST: / s/ H. E. Peterson, City Clerk (SEAL) /s/ H. Jaeger, Mayor 4. Telephone Franchise (Published in the Salina Journal February 1, 1959) ORDINANCE NO. 6296 AN ORDINANCE DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF THE LINES OF THE SOUTHWESTERN CONSOLIDATED-SALINA j BELL TELEHPONE COMPANY AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF SALINA, KANSAS. i Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Salina, State of Kansas (herein referred to as "City"). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said City shall remain is now constructed, subject to such changes as may be considered necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and pP purposes for which it is or may be incorporated may from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, bridges, and the public grounds and places within the limits of said City as the same from time to time may be established. Section 2. The Telephone Company shall pay the City the sum of $14,000 on the 1st day of January, 1959, for the period January 1 to December 31, 1959, inclusive, and a like sum annually thereafter for a like period on the 1st day of January, 1960, 1961, 1962 and 1963, being a term of 5 years ending December 31, 1963, and for successive terms of like duration, unless within four (4) months prior to the expiration of the initial term;of the successive terms ending on each 5 -year anniversary following the expiration of the initial term sixty (60) days' written notice is given by one party to the other of its intention to terminate the same at the expiration of the then current 5 -year term; it being expressly understood that each 5 -year term provides for 5 annual payments; said payments to be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad'valorem taxes) which might be imposed by the City under authority cojhferred by law. The Telephone Company shall have the privilege of crediting such sums with any unpaid balance due said Company for telephone service rendered or facilities fur- nished to said City: Provided, That the City shall have the right to terminate said initial term effective two years from the date of commencement thereof by giving the Telephone Company sixty (60) days' prior written notice of its intention to do so. Section 3. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Companyr,may require such CONSOLIDATED-SALINA 1 1 r—, payment in advance. The Telephone Company shall be given not less than forty—eight hours' advance notice to arrange for such temporary wire changes. Section 4. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said City so as to j prevent the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and dir- ection of any City official to whom said duties have been or may be delegated. Section 5. Nothing in this ordinance shall be construed to require or permit any telephone, electric light, or power wire attachments by either the City or the Telephone Company on the poles of the other. If such attachments are desired by the City or the Telephone Company, then a separate noncontingent agreement shall be a prerequisite to such attachments. Section 6. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the City. Section 7. All other ordinances and agreements and parts of ordinances and agree- ments relating to the operation of a telephone system within said City are hereby repealed. Section 8. The said Telephone Company shall have sixty (60) days from and after its passage and approval to file its written acceptance of this ordinance with the City Clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the Mayor. Approved this 27th day of January, 1959. ATTEST: /s/ H. E. Peterson, City Clerk /s/ H. Jaeger, Mayor CONSOLIDATED-SALINA fl 1 SCHEDULE OF CERTAIN SPECIAL ORDINANCES A. Additions to the City B. Dikes (none) C. Condemnation D. Easements, Vacating E. Frontage Changes and Replats F. Land Owned by City G. Park Lands (none) H. Railroads (none) I. Sewers - Special Permits (none) J. Streets and Alleys 1. Naming and Renaming 2. Streets Opened, Widened or Extended 3. Alleys Opened 4. Streets Vacated 5. Alleys Vacated A. Additions to the City North 770 feet of NMF} of Sec. 25, Twp. 14 S, R 3 W, lying west of right of way of Union Pacific Railroad and east of right of way of U.S. Highway No. 81. Ord. 5507, Sec. 1, 9-6-50. Lots 1 to 14, inclusive, and west 4.05 ft. of Lot 15 in Garden Home Add. (Part of ST, SEJ, S 13, T 14 S, R 3 W). Ord. 5530, 12-26-50. Blocks 1 to 4, inclusive, in Hageman Park (SE -j of NEJ of S 24, T 14 S, R 3 W). Ord. 5530, 12-26--501- 19.72 2-26--50, 19.72 Acres located in NE -j of NE-- of S 24, T '14 S, R 3 W. Ord. 5530, 12-26-50. Block 7 in Claflin Add to Grounds of Kansas Wesleyan Univ. (part of NE -j of S 240 T 14 S, R 3 W. Ord. 5530, 12-26-50. Part of SE+, S,23, T 14, R 3 W. Ord. 55700 7-23-51. Part of NE+ of S 24, T 14, R 3 W. Ord. 5570, 7-23-51. Parts of NWi of S 14, T 14, R 3 W. Ord. 5580, 9-7-51. Land bounded Dn north by Beloit Ave., on east by Lewis Ave., on south by Minneapolis Ave., and on west by Roach St. Ord. 5590, Sec. 1, 10-12-51. Land between U. S. 81 Bypass and Missouri Pac. Ry. in S 14, T 14 S. R 3 W. Ord. 5590, Sec. 2, 10-12-51 CONSOLIDATED-SALINA 1 1 1 Land on either side of the Mo. Pac. Ry. near soh line of S 14, T 14, R 3 W. ;Ord. 5590, Sec. 3, 10-12-51. Land on either side of U. S. 81 Bypass :near south line of S 14, T 141--R 3 W. Ord. 5590, Sec. 3, 10-12-51. 6.2 acres in NE -k of NE -k of S 26, T 14 S. R 3 W. Ord. 5606, Sec. 1, 12-14-51. Land in S 25, T 14 S, R 3 W near north line thereof. Ord. 5606, Sec. 2, 12-14-51. Land bounded on north by Crawford Ave., on east by Mo. Pac. Ry, on south by Republic Ave., on west by U. S. 81 Bypass. Ord. 5608, Sec. 1, 1-9-52. Part of NE -f of S 23.-T 14 S. R;�3 W. Ord. 5608, Sec. 2, 1-9-52. Land on either side of U. S. 81 Bypass in S 23, T 14 S. R 3 W. Ord. 5608, Sec. 3, 1-9-52. Part of Hageman Park Add. in S 24, T 14 S, R 3 W. Ord. 5625, Sec. 1, 3-19-52. Part of NEJ-, S 24, T 14 S, R 3W. Ord. 5625, Sec. 2, 3-19-52. Land in northeast corner of S 24 and southeast corner of S 13 and east of Smoky Hill Ritter. Ord. 5625, Sec. 3, 3-19-52. Irregular piece of land north of SmokyHill River. Ord. 56259 Sec. 4, 3-19-52. Land in northeast corner of S 24, T 14 S, R 3 W and northwest corner of S 19, T 14 S. R 2 W. Ord. 5631, Sec. 1, 3-31-52. Irregular piece of land south of Smoky Hill River. Ord. 5631, Sec. 2, 3-31-52. Part of SE -f, S 13, T 14, R 3 W. Ord. 5631, Sec. 3, 3-31-52. Part of SWC-. S 18, T 14, R 2 W and small portion of SE -i, S-13, T 14, R 3 W. Ord. 5631, Sec. 4, 3-31-52. Part of S 13, T 14, R 3 W north of Smoky Hill River. Ord. 5631, Sec. 5, 3-31-52. Part of S 24, T 14, R 3 N and S 19, T 14, R 2 W. Ord. 5631, Sec. 6, 3-31-52. Part of S 23, T 14 S. R 3 W. Ord. 5655, Sec. 1, 5-27-52. Part of SWf, S 14, T 14 S, R 3 W. Ord. 5655, Sec. 2, 5-27-52. Part of NE -i. S 22, T 14 S. R 3 W. Ord. 5655, Sec. 3, 5-27-52. Irregular piece of land in SWi, S 23, T 14 S, R 3 W. Ord. 5655, Sec. 4, 5-27-52. Land between U. S. 81 Bypass and Mo. Pac. Ry. in S_23, T 14 S, R 3 W. Ord. 5655, Sec. 5, 5-27-52. Portion of land in S 18 and S 19, T 14, R 3 W. Ord. 5659, Sec. 1, 6-9-52. Land bounded on north by Minneapolis Ave., on east by section line of S 24, on south by Roach St. Ord. 5659, Sec. 2, 6-9-52. Part of NE+, S 22, T 14 S. R 3 W. Ord. 5659, Sec. 3, 6-9-52. CONSOLIDATED-SALINA 1 Part of S*, S 23, T 14 S, R 3 W. Ord. 5659, Sec. 4, 6-9-52. Part of ST. S 23, T 14 S, R 3 W between U. S. 81 Bypass and Mo. Pac. Ry. Ord. 5659, Sec. 5, 6-9-52. Part of E-�, S 24, T 14 S, R 3 W. Ord. 5662, Sec. 1, 7-2-52. Portion of S 24 and S 19, T 14 S,//ccR�� 3 W. Ord. 56680 Sec. 2, 7-2-52. Lot 1, Surveyors Plat 18, S 7, T 4 S. R 2 W. Ord. 5689, Sec. 1, 8-15-52. Part of S 18, T 14 S, R 2 W. Ord. 5689, Sec. 2, 8-15-52. Irregularly shaped piece of land in N*-, S 17, T 14 S, R 2 W. Ord. 5712, Sec. 1, 9-22-52. N� of NWS-, S 17, T 14 S, R 2 W, except Country Club Heights Add. No. 1 and Country Club Heights Add. No. 2. Ord. 5712, Sec. 2, 9-22-52. Upper Mill Heights (NWJ, SEJ- of SEJ, S 18, T 14 S, R 2 W. Ord. 5712, Sec. 3, 9-22-52. Lot 2 in Surveyors Plat No. 49. Ord. 5712, Sec. 4, 9-22-52. Lot 1 in Surveyors Plat No. 49, south 20 ft. of west 586.67 Ft. Ord. 5712, Sec. 5, 9-22-52. Land bounded by Claflin Ave on north, Roach St. on west, Cloud St on south and section line of S 24, T 14, R 3 W on east. Ord. 5834, Sec. 1, 3-29-54. 3.62 acres in SWC, S 19, T 14, R 2 W. Ord. 5834, Sec. 2, 3-29-54. acres in N-�, S 26, T 14, R 3 W. Ord. 58340 Sec. 3, 3-29-54. Blocks 2, 3, 4, 5 in Golden Belt Subdivision (E-�, SWf, S 1, T 14 S, R 3 W). Ord. 5834, Sec. 4, 3-29-54. 40 acres (NE -j of NWJ of S 25, T 14 S, R 3 W lying east of right of way of U. P. Ry.). Ord. 5980, Sec. 1, 7-26-55. N* of NE -j of S 25, T 14 S. R 3 W and North 330 ft. of S'* of NE+ of S 25, T 14 S, R 3 W, except a portion of NW+ of NE -f of said section. (32 acres) Ord. 5980, SzQ , 3 acres in NE-- of NW -j of S 25, T 14 S. R 3 W. Qrd. 5980, Sec. 3, 7-,26-55. Parcel of land east of West Haven Add. Ord. 5980, Sec. 4, 7-26-55. 15 acres north of Eisenhower Add. Ord. 5980, Sec. 5, 7 -26 -55 - Part of Cloud Add. Ord. 6022, Sec. h, 12-20-55. Part of NE -j of NES, S 25, T 14 S, R 3 W. Ord. 6080, Sec. 1, 8-7-56. Part of NWi of NE -f, S 25, T 14 S. R 3 W. Ord. 6080, Sec. % 8-7-56. Part of S-� of NE -k, S 25, T 14 S. R 3 W. Ord. 6080, Sec. 3, 8-7-56. Part of S-� of NEI. S 25, T 14 S, R 3 W. Ord. 6080, Sec. 4, 8-7-56. Part of SES'- of NWS, S 25, T 14 S, R 3 W. Ord. 6080, Sec. 5, 8-7-56. Part of SE-- of NWS-, S 25, T 14 S, R 3 W. Ord. 6080, Sec. 6, 8-7-56. Gebhart Manor Add. Ord. 6080, Sec. 7, 8-7-56. Part of SES of NE+, S 26, T 14 S. R 3 W. Ord. 6080, Sec. 8, 8-7-56. CONSOLIDATED-SALINA 1 1 1 Part of NES of NE+. S 26, T 14 S. R 3_W. Ord. 6080, Sec. 9F 8-7-56. Lamer Gardens Add. Ord. 6080, Sec. 10, 8-7-56. Part of SWC of SE -i, S 23, T 14 S. R 3 W. Ord. 60809 Sec. 11, 8-7-56. Part of SE -j of SWi, S 23, T 14 S. R 3 W. Ord. 6080, Sec. 12, 8-7-56. Part of NE+ of NW'f, S 26, T 14 S, R 3 W. Ord. 6080, Sec. 13, 8-7-56. Part of NWS- of NWf, S 26, T 14 S, R 3 W. Ord. 6080, Sec. 14, 8-7-56. Part of N� of SWC. S 14, T 14 S. R 3 W. Ord. 6080, Sec. 15, 8-7-56. Part of E-- of SW+, S 18, T 14 S. R 2 W. qrd. 6130, Sec. 1, 4-2-57. Talley Add. Ord. 6130, Sec. 2, 4-2-57. Part of Nkof N� of NWS-, S 26, T 14 S. R 3 W. Ord. 6130, Sec. 2, 4-2-57. Part of SE -j of S*. S 23, T 14 S, R 3 W. Ord. 6130, Sec. 3y 4-2-57. Part of N-; of S-- of NE -J. S 26,-T 14 S. R 3 W. Ord. 6130, Sec. 4, 4-2-57. Country Club Heights Add. No. 3. Ord. 6176, Sec. 1, 8-13-57. Hest 200 ft of Sk of S)- of NWS- of S 17, T 14 S. R 2 W. Ord. 6176, Sec. 2, 8-13--57. N211 2Q -fl.--9f Nof NE of S ofYryS 18, T 14 S, R? �• Ord. 6176, Sec, 3, 8-13-57. Part of NE -k of S 23, T 14 S. R 3 W. Ord. 6202, Sec. 1, 12-17-57. Claremont Add. Ord. 6203, Sec. 1, 1-21-58. West 200 ft. of south 130 ft. of north 330 ft. of SWC- of S 17, T 14 S. R 2 W. Ord. 6203, Sec. 2, 1-21-58. Schippel Add. Ord. 6203, Sec. 3, 1-21-58. West 250 ft, except north 200 ft. thereof, of MIME of NW+ of S-30, T 14 S, R 2 W. Ord. 6203, Sec. 4, 1-21-58. West 250 ft. of north 200 ft. of SE-- of NE+ of S 30, T 14 S. R 2 W. Ord. 6203, Sec. 5, 1-21-58. 2 North 200 ft. except west A00 ft. thereof, of SE -i of NEI of S 30, T 14 S, R 2 W. Ord. 6203, Sec. 6, 1-21-58. Claremont Add. Ord. 6216, Sec. 1, 3-11-58. 1,71 a .;.r..t.ftf.t,ay*.♦.a:i.t,.O*.t,r,#c+e'tt.f#.#*#.#Xl Part of NK-} of SW -f, S 18, T 14, R 2 W, except 795 ft. and west 250 ft. thereof; SWJ of SW}. S 18, T 14, R 2 W. except west 250 ft.., north 200 ft. of NWS, S 19, T 14, R 2 W, except west 250 ft.; that part of SE -j of SWC. S 18, T 14, R 2 W lying south of north line of Crawford Ave. Ord. 6220, Sec. 1, 4-8-58. Belmont Add. Ord. 6246, Sec. 1, 6-17-58. SES of S 2, T 14 S. R 3 W. Ord. 6246, Sec. 2, 6-17-58. NES, S 11, T 14 S. R 3 W. Ord. 6246, Sec. 3, 6-17-58. CONSOLIDATED-SALINA 1 1 Belmont Add. Ord. 6292, Sec. 1, 58. Part of SE -f of S 15, T 14 S, R 3 W. Ord. 6292, Sec. 2, 58. Part of NE-- of S 26, T 14 S, R 3 W. Ord. 6308, Sec. 1, 59. Part of SE -i of S 15, T 14 S. R 3 W. Ord. 6308, Sec. 2, 59. Part of NW} of S 26, T 14 S, R 3 W. Ord. 6330, Sec. 1, 59. Part of SES of S 2, T 14 S, R 3 W. Ord. 6330, Sec. 2, 59. Part of S 26, T 14 S, R 3 W. Ord. 6384, Sec. 1, 10-20-59. Part of S 17, S 18, S 19, S 20, T 14 S, R 2 W. Ord. 6384, Sec. 2, 10-20-59Y. Part of NW -f of S 30, T 14 S, R 2 W. Ord. 6384, Sec. 3, 10-20-59. CONSOLIDATED-SALINA 1 1 C. Condemnation 1. Flood Control 2. Streets 1. Flood Control Part of Tracts 1 and 2 in Golden Acres. Ord. 6251, Sec. 2, Condemnation of area for flood control. Ord. 6267, Condemnation of area for flood control. Ord. 6274, Condemnation of area for flood control. Ord. 6300, Condemnation of area for flood control. Ord. 63D9, not published. 2. Streets Part of N- of S 23, T 14, R 3 W. Ord. 5852, Sec. 1, 5-7-54. East 17 ft. of Block 4, Claflin Add.; part of SES of S 24, T 14, R 3 W; part of SES-, S 24, T 14, R 3 W. Ord. 5855, Sec. 1, 5-13-54. 5-r% Part of S 26, T 14, R 3 W. Ord. 5857, Sec. 1, (r- -54. Part of N- of S 239 T 14, R 3 W. Extending Franklin Ave. between east boundary of Sunset Manor Add. and west boundary of Southern Heights Add. Ord. 5858, Sec. 1, 5-17-54. Part of SE -j of S 24, T 14, R 3 W; part of SWJ of S 19, T 14, R 2 W. Opening and extending Ohio St. south from north line of Minneapolis Ave. to north line of Cloud St. Ord. 5861, Sec. 1, 5-24-54. Part of S 26, T 14 S, R 3 W. Widening south side of Cloud St. from west line of Ninth St. to east line of U. S. 81 Bypass. Ord. 5862, Sec. 1, 6-7-54. South 30 ft. of Lot 6, Block 1, Southe3M View Add.; south 30 ft. of Lot 7, Block 1, Southern View Add.; south 30 ft. of Lot 8, Block 1, Southem View Add.; south.30 ft. of Lot 9, Block 1, Southem View Add.; south 30 ft. of Lot 10, Block 1, SouthernView Add.; south 30 ft. of Lot 11, Block 1, Southem View Add.; part of Southern View Add. in NW}c of NES, S 25, T 14 S, R 3 W; part of S 30, T 14 S, R 2 W. Widening and extending Ohio St. to south line of Albert Ave.; Max Ave. from east line of Quincy St. to west line of Norton St.; Max Ave. from 203.5 ft. east of east line of Norton St. to center line of Roach St. Ord. 6285, Sec. 1, 11-4-58. CONSOLIDATED-SALINA 1 LJ D. Easements, Vacating Portion of right of way for utilities in Morningside Add. Ord. 5489, Sec. 1, 6-23-50. Easements in Park No. 3 in Leavenworth Add. Ord. 5547, Sec. 3, 4-6-51. Utilities easements, 14 feet wide, from west line of Lots 2 and 14, Block 9, Morningside Add. Ord. 5633, Sec. 1, 4-7*52. 14 ft. right of way for utility from north line of Lot 1 and 3, Block 3, Morningside Add. south to 7 ft. north of south line of Lots 3 and 2, Block 3 of said Add. Ord. 5755, Sec. 1, 2=20-53. Utility easement and pedestrian easement on original plat of Edgemere Add. Ord. 5756, Sec. 1, 2-16-53. All utility easements and other land lying south of north line of Block 1 in Banker Add, except certain utility easement situated astride the southwesterly line of Block 2 and the northwesterly line of Block 3 in said Add. Ord. 5874, Sec. 1, All utility easements and other land lying south of south line of Crawford Street and west of west line of U. S. Highway 81 Bypass, except certait utility easement set astride the southwesterly line of Block 2 and northwesterly line of Block 3 in said Add. Ord. 5879, Sec. 1, 8-6-54. All easements in Welling Add. Ord. 6114, Sec. 1, 1-21-57. Utility easement 10 ft. wide in Lots 1 and 14, Block 7, Ingermanson Heights Add. Ord. 6210, Sec. 1, 2-4-58. Certain tract of ground adjoining Lot 33, Sunset Village Add., excepting utilities easements. Ord. 6289, Sec. 1, 11-25-58. 20 ft. easement adjoining Lots 1 to 9, Block 8, Belmont Add., excepting utility easement. Ord. 6302, Sec. 1, 2-10-59. CONSOLIDATED-SALINA 1 J E. Frontage Changes and Replats Ord. Date Purpose 5436 12-5-49 Replat and changing frontage of west 25 ft. of Lot 22 and all of Lots 23 and 24 in Surveyor's Plat 8. 5556 5-9-51 Replat and changing frontage of Lots 1 to 15, Garden Home Add. 5878 8-6-54 Replat of Country Club Heights Add. No. 2 except Lots:t, 2, 3, 7 and 11 of Block 1 and Lots 1, 2, 3, Block 2, and changing frontage of Lots 6, 8, 10 and 12 of Block 1 and eliminating Lot 13, Lots 4 throu4h 9 in Block 2 and eliminating Lot 10, Lots 1 and Lots 5 through 9 in Block 4 and eliminating Lot 10. CONSOLIDATF_D-SALINA I 1 F. Land Owned By City (See also Condemnation) Off -Street Parking Facility. Lots 99, 1220 124, 126 and 128; south 40 ft. of Lot 97 and north one-half of Lot 101, all on Seventh Street in original Town of Salina. Ord. 5920, November 29, 1954. CONSOLIDATED-SALINA r-] J. Streets and Alleys (See also Condemnations) 1. Naming and Renaming 2. Streets Opened, Widened or Extended 3. Alleys Opened 4. Streets Vacated 5. Alleys Vacated 1. Naming and Renaming Hillsdale Road to Overhill Road. Hillsdale Road in Country Heights Add. to Overhill Road. (00d. 5697, Sec. 1, 8-22-52) Leslie Avenue to Albert Avenue. Leslie Avenue between Quincy and Roach Streets, Southern View Addition. (Ord. 6037, Sec. 1, 2-13-56) Albert Avenue to Leslie Avenue. Albert Avenue between Quincy and Roach Streets, Southern View Addition. (Ord. 6037, Sec. 2, 2-13-56) Jersey Street to Lewis Street. Jersey Street between Prescott Road and Crawford Avenue, Garden Homes Addition. (Ord. 6353, Sec. 1, 7-14-59) CONSOLIDATED-SALINA L P, r 4. Streets Vacated Tenth Street. 10 feet of Tenth Street from north line of North Street north to south line of Lincoln Street. (Ord. 5447, Sec. 1, 1-26-50) 7A�; -4 � '- Fourth Street. 'From south line of Republic Avenue to north line of Claflin Avenue, except intersections. (Ord. 5449, Sec. 1:12, 2-2-50) West Place. From north line of Elm Street north to south line of right of way of Atchison, Topeka and Santa Fe Railroad Company. (Ord. 5454, Sec. 1, 3-3-50) Fourth Street. From north line of Republic Avenue at southwest corner of Lot 1 in Replat of Blocks 4 and 5 of Sunnyside Addition, thence west a distance of 13 feet, thence north to south line of Lot 1, Block 3, Hutchinson Addition, thence east 13 feet to northwest corner of Lot 11 in Replace of said Blocks 4 and 5, thence south on east line of said blocks to place of beginning. (Ord. 5469, Sec. 1, 5-18-50) Third Street. From south line of Crawford Street to north line of Bond Street. Amends Sec. 2, Ord. 5300. (Ord. 5500, Sec. 1, 8-17-50) Seventh Street. From north line of North Street north 110 feet to north line of Lot 27, Block 4 of Calkins Addition, thence east 15 feet, thence south 110 feet to north line of North Street, thence west to place of beginning. (Ord. 5506, Sec. 1, 8-28-50) Seventh Street. From north line of North Street north 110 feet to north line projected east of Lot 27, Block 4, Calkins Addition, thence east 15 feet, thence south 110 feet to north line of North Street, thence west to place of beginning. (Ord. 5513, Sec. 1, 10-5-50) Repeals Ord. 5506. Kirwin Street. From southwest corner of Lot 6, Block 3, Beverly Manor Addition thence south 10 feet, thence east 120 feet, thence north 10 feet to southeast corner of said lot, thence west 120 feet. (Ord. 5518, Sec. 1, 11-17-50) Twenty -Foot Drive in Leavenworth Addition. Certain twenty -foot drive in Leavenworth Addition lying west of west line of Olive Street adjoining Block 11 and Park No. 3 between south line of University Place and north line of Walnut Street. Marietta Avenue. From west line of Broadway Boulevard west to east line of new channel of Dry Creek. (Ord. 5560, Sec. 1, 5-25-51) Clark Street. From north line of right of way of Union Pacific Railroad Company north to extreme southeasterly line of Broadway Boulevard. (Ord. 5563, Sec. 1, 6-1-51) Sampson Street. From north line of right of way of Union Pacific Railroad Company north to south line of North Street. (Ord. 5563, Sec. 2, 6-1-51) Logan Street. From east line of Chicago Street east to west line of College Avenue. (Ord. 5563, Sec. 3, 6-1-51) CONSOLIDATED-SALINA University Street. From west boundary line of Broadway Boulevard west to east line of new channel of Dry Creek. (Ord. 5646, Sec. 1, 5-2-52) Unnamed Street. Unnamed street and highway situated on section line dividing north half of Sections 22 and 23, Township 14 South, Range 3 Test, excepting such portions as may be situated within the confines of Choctaw Drive, Cypress Drive, Commanche Drive, Plum Drive, Cherokee Drive, Redwood Drive and Pueblo Drive in Sunset Manor Addition and Edgemere Addition. (Ord. 5693, Sec. 1, 8-19-52) Ellsworth Avenue. South 5 feet from east line of Roach Street to west line of Lewis Avenue and from east line of Lewis Avenue to west line of Ohio Avenue. (Ord. 5764, Sec. 1, 3-13-53) Antrim Avenue. North 10 feet and south 10 feet from east city limits to east li except intersections. of Ninth Street/ (Ord. 5824, Secs. 1:12, 12-28-53) Hamilton Avenue. North 10 feet and south 10 feet from Third Street to west line ofaiinyxbntwaanxFCtaynxtkxStxnntxand Twelfth Street, except intersections. (Ord. 5824, Secs. 13:29, 12-28-53) Harsh Avenue. From east city limits to Twelfth Street, except intersections. (Ord. 5824, Secs. 30:47, 12-28-53) Antrim Avenue. North 10 feet and south 10 feet from west boundary of Golden Belt Subdivision west to east line of Third Street. (Ord. 5845, Sec. 1, 4-2-54) Harsh Avenue. North 10 feet and south 10 feet ofrom west boundary of Golden Belt Subdivision west to east line of Thi0d Street. (Ord. 5845, Sec. 1, 4-2-54) Banker Addition. All streets lying south of north line of Block 1 in Banker Addition. (Ord. 5874, Sec. 1, 7-23-54) Banker Addition. All streets lying south of south line of Crawford Street and west of west line of U} S. Highway 81 Bypass. (Ord. 5879, Sec. 1, 8-6-54) Cedar Street. From west line of Missouri Pacific Railroad right of way to east line of Clark Street. (Ord. 5933, Sec. 1, 1-28-55) Whittredge Street. Between south boundary of Broadway Boulevard and north boundary of North Street. (Ord. 59730 Sec. 1, 7-15-55) Shawnee Avenue. From 110 feet south of south line of Lot 16, Block 6, Sunset Manor Addition north to south line of Crawford Avenue, except north 30 feet. (Ord. 6041, Sec. 1, 2-29-56) Welling Addition. All streets, except such streets shown in drawing and dedicated in Certificate of Plat to Sunset Village Addition. (Ord. 6114, Sec. 1, 1-21-57 Grant Avenue. From north line of Railroad Avenue to south line of Union Pacific Railroad right of way. (Ord. 6226, Sec. 1, 4-25-58) CONSOLIDATED-SALINA 1 Garfield Avenue. From north line of Atchison, Topeka and Santa Fe Railroad right of way to south line of Prospect Avenue. (Ord. 6226, Sec. 2, 4-25-58) Arthur Avenue. From north line of Atchison, Topeka and Santa Fe Railroad right of way to south line of Prospect Avenue; from north line of Prospect Avenue to south line of Union Pacific Railroad right of way. (Ord. 6226, Sec. 3, 4-25-58) Cleveland Avenue. From north line of Atchison, Topeka and Santa Fe Railroad right of way to south line of Union Pacific Railroad right of way. (Ord. 6226, Sec. 4, 4-25-58) Prospect Avenue. From the Atchison, Topeka, and Santa Fe Railroad right of way to the Union Pacific Railroad right of way. (Ord. 6226, Sec. 5, 4-25-58) East -Lake Drive. From south line of Iron Avenue to east line of intersection of Mount Barbara Road and West Lake Drive. (Ord. 6236, Sec. 1, 6-3-58) Lincoln Avenue. From east line of Second Street to west line of Front Street, except utility rights. (Ord. 6303, Sec. 1, 2-10-59) Grant Avenue. From south line of Railroad Street to south line of Atchison. Tope Santa Fe Railroad Company right of way, except utility rights. (Ord. 6303, Sec. 2, 2-10-59) Railroad Avenue. From east line of Grant Avenue to south line of Atchison, Topeka and Santa Fe Railroad Company right of way, except utility rights. (Ord. 6303, Sec. 3, 2-10-59) Garfield Avenue. From north line of Atchison, Topeka and Santa Fe Railroad Company right of way to south line of Atchison,Topeka and Santa Fe Railroad Company right of way, except utility easements. (Ord. 6303, Sec. 4, 2-10-59) Arthur Avenue. From north line of Atchison, Topeka and Santa Fe Railroad Company right of way to south line of Atchison, Topeka and Santa Fe Railroad Company right of way, except utility rights. (Ord. 6303, Sec. 5, 2-10-59) Cleveland Avenue. From north line of Atchison, Topeka,and Santa Fe Raildoad Company right of way to south line of Atchison, Topeka and Santa Fe Railroad Company right of way, except utility rights. (Ord. 6303, Sec. 6, 2-10-59) Prospect Avenue. From north line of Atchison, Topeka and Santa Fe Railroad Company right of way to west line of Chester Street, except utility rights. (Ord. 6303, Sec. 7, 2-10-59) Lincoln Avenue. From west line of Fourth Street to east line of Fifth Street, except utility rights. (Ord. 6371, Sec. 1, 9-8-59) Charles Street. From West line of Montrose to east line of Missouri Pacific Railroad right of way, except utility rights. (Ord. 6372, Sec. 1, 9-15-59) a, CONSOLIDATED-SALINA 1 1 G 5. Alleys Vacated Alley between Claflin Avenue and Russell Avenue, west 60 feet from Osborne Street and to Quincy Street. (Ord. 5473, Sec. 1, 5-22-50) North and south alley adjoining Lots 1, 2, 3 and 4, Block 6, Phillips East Salina Addition. (Ord. 5516, Sec. 1, 10-23-50) North-South alley bisecting Block 15, South Park Addition, from south line of Charles Avenue south to north line of Crawford Avenue, except utility rights. (Ord. 5520, Sec. 1, 11-27-50) 4-6-51) East-West alley in Block 11, Leavenworth Addition. (Ord. 5547, Sec. 2, Alley between Walnut Street and South Street, from Baker Street and Twelfth Street. (Ord. 5585, Sec. 1, 9-21-51) North-South alley bisecting Blocks 1, 2, 3, 7 and 8, Chicago Addition. (Ord. 5628, Sec. 1, 3-14-52) Alley between Second Street and Front Street, from north line of Republic Avenue to south line of Wilson Street, except utility rights. (Ord. 5751, Sec. 1, 2-16-53) Alley between Third and Fourth Street, from Smoky Hill River north to north line of Lot 179 on Fourth Street and north line of Lot 180 on Third Street, except utility rights. (Ord. 5752, Sec. 1, 2-16-53) Alley between Lincoln and North Street, in Block 4, North Park Addition. (Ord. 5775, Sec. 1, 4-20-53) North-South alley in Bristol Addition, bounded on west by Lots 1, 3 and 5 and on east by Lots 2, 4, 6, except utility rights. (Ord. 5843, Sec. 1, 4-2-54) Alley in Lot 14, Block 7, Pacific Addition. (Ord. 5846, Sec. 1, 4-12-54) East -gest alley adjacent to Lots 20, 26, 27, 28 and 29, Block 13, Pacific Addition, the east 95 feet. (Ord. 5881, Sec. 1, 8-12-54) Alley between Kirwin Avenue and Claflin Avenue and Pershing Street and Ninth Street adjacent to Lots 1 and 2, Block 4, Beverly Manor Addition and Lots 1 to 22, Block 2 and Lots 6 to 17, Block 1, Pleasant View Addition. (Ord. 5925, Sec. 1, 12-24-54) Alley south of Republic and adjacent to Lots 21, 23, 25, 27, 29, 31, 33, 35, on Republic Avenue, 37, 39,/and Lots 22, 24, 26, 28, 30, 32, 34, 36, 38, 40 on Beloit Avenue in the to Addition to Grounds of Kansas Wesleyan University, from Quincy and Osborne Street. (Ord. 5956, Sec. 1, 5-13-55) Alley between Merrill Street and Hancock Street, north 135 feet. (Ord. 6008, Sec. 1, 11-14-55) CONSOLIDATED-SALINA 1 1 Alley in Block 12, Calkin's Addition, five feet on each side. (Ord. 6012, Sec. 1, 11-21-55) Alley between Eleventh Street and Twelfth Street adjacent to south 30 feet of Lots 9 and 10 and Lots 11 to 20, Block 2, Pacific Addition, except utility rights. (Ord. 6028, Sec. 1, 1-24-56) Alley in Block 11, Calkin's Addition, five feet on each side. (Ord. 6033, Sec. 1, 2-3-56) Alley between Kirwin Avenue and Claflin Avenue, from west line of Quincy west to west line of Lot 37 on Kirwin Avenue in Addition to grounds of Kansas Wesleyan University, except utility rights. (Ord. 6098, S6c. 1, 10-22-56) All alleys in Welling Addition. (Ord. 6bl4, Sec. 1, 1-21-57) East -west alley abutting Lots 12, 13, 14 and 15, Block 8. Stack Addition, except utility rights. (Ord. 6133, Sec. 1, 4-12-57) KUOXMNillUIXlilENmmxxxxxk mmXXXXI(XRNIMX)iXxiildiii4iF7jXZlEwQ1ZDj1Qxlfxxxjitxmxxxxxxxx XXKKX lxXK)iXXK)4UMXXXXKY East -Test alley abutting Lots 1, 3, and 5 on Republic Avenue and Lots 2, 4, and 6 on Beloit Avenue, from Highland Avenue to east line of north -south alley between Repurlic and Beloit Avenue, except utility rights. (Ord. 6137, Sec. 1, 4-19-57) Alley between North- Santa Fe Avenue and North Fifth Street, from Elm Street north for the distance between Lots 41, 43, 45, and 47 on Santa Fe and Lots 42, 44, 46 and 48 on Fifth Street, except utility rights. (Ord. 6151, Sec. 1, 6-10-57) East -west alley abutting Lots 39, 40, 41 and 42, Phillips 2nd Addition, between Eleventh Street and Twelfth Street. (Ord. 6156, Sec. 1, 7-9-57) East -west alley abutting Lots 66 and 68 on Santa Fe Avenue in Grounds of Kansas Wesleyan University Addition, except utility rights. (Ord. 6171, Sec. 1, 8-12-57) East -west alley abutting Lots 23, 25, 27 and 29 on Claflin Avenue and Lots 24, 26, 28 and 30 on Russell Avenue in the Addition to Grounds of Kansas Wesleyan Uni- versity, except utility rights. (Ord. 6186, Sec. 1, 9-30-57) 4. Lots 1. 3 28, Block 5, Lots 15, 17, 19 and 21 through 28, Block 6, Lots 1, 2, 3, 4, 5 and 6, Block 3, Lots 1 and 3 through 16, Block 2, Lots 11, 13, 15, and 17 through 26, ti,1YTk�t , f� 0, , Block 1/ (Ord. 6227, Sec. L, 4-25-58) North-South alley abutting Lots 1 and 3 in Block 10, Pacific Addition. (Ord. 6257, Sec. 1, 7-29-58) North-South alley between Second Street and Front Street and north of Lincoln Avenue, except utility rights. (Ord. 6304, Sec. 1, 2-10-59) North-South alley between Front Street and Grant Avenue and Railroad Avenue and Lincoln Avenue, except utility rights. (Ord. 6304, Sec. 2, 2-10-59) CONSOLIDATED-SALINA 1 D 1 North-South alley between Grant Avenue and Garfield Avenue, abutting Lots 13 to 28, Block 12, Morris Addition, except utility rights. (Ord. 6305, Sec. 1, i 2-17-59) North -south Alley between Garfield Avenue and Arthur Avenue, abutting Lots 1 to 14, Block 6 and Lots 27 and 28, Block 11, Morris Addition, except utility rights. (Ord. 6305, Sec. 2, 2-17-59) North-South Alley between Arthur Avenue and Cleveland Avenue, abutting Lot 5, and Lots 7 to 28, Block 7, Morris Addition, except utility rights. (Ord. 6305, Sec. 3, 2-17-59) North-South alley between Cleveland Avenue and Chester Street, abutting Lots 15 and 17 and Lots 19 to 28, Block 8, Lots 1 to 10, Block 1, Morris Addition, except utility rights. (Ord. 6305, Sec. 4, 2-17-59) East-West alley abutting Lots 17 and 18 on Montrose in Block B. Morrison's 4th Addition, except utility rights. (Ord. 6338, Sec. 1, 6-2-59) North -youth alley abutting Lots 29, 31, 33, 35, 37 and 39 on Fourth Street and Lots 30. 32. 34. 36 and 38 and 40 on Fifth Street, Jones Addition, except utility rights. (Ord. 6370, Sec. 1, 9-8-59)